Unofficial translation Law of the Republic of Uzbekistan



Unofficial translation
Law of the Republic of Uzbekistan
On introduction amendments and additions to the law of the Republic of Uzbekistan “On state customs service”
Adopted by the Legislative Chamber on September 6, 2018
Approved by the Senate on September 27, 2018
Article 1. Introduce into the Law of the Republic of Uzbekistan dated August 29, 1997 No. 472-I “On State Customs Service”, amendments and additions, approving its new version (attached).
Article 2. The State customs committee of the Republic of Uzbekistan and other interested organizations shall ensure the execution, dissemination to the performers and explaining among the population of the essence and importance of this Law.
Article 3. The Cabinet of Ministers of the Republic of Uzbekistan:
bring the decisions of the Government in accordance with this Law;
to ensure the review and annulment by government bodies of their normative legal acts that contradict this Law.
Article 4. This Law shall enter into force on the day of its official publication.
President of the Republic of Uzbekistan Sh. MIRZIYOYEV
Tashkent city,
October 18, 2018
No. LRU-502
Law of the Republic of Uzbekistan
On the state customs service
(new edition)
Chapter 1. General provisions
Article 1. Purpose of this Law
The purpose of this Law is to regulate the activities of the state customs bodies of the Republic of Uzbekistan (hereinafter — the customs bodies).
Article 2. Legislation on the state customs service of the Republic of Uzbekistan
The legislation on the state customs service of the Republic of Uzbekistan consists of this Law and other legislative acts.
Article 3. The main functions of the customs bodies
The main tasks of the customs bodies are:
protection of the rights, freedoms and legally protected interests of individuals and legal entities;
protection of economic interests and ensuring the economic security of the Republic of Uzbekistan within its competence;
conducting of customs control and clearance;
collection of customs duties;
monitoring compliance with customs legislation, prevention, detection and suppression of violations of the legislation, including smuggling;
monitoring of foreign trade operations, analysis of the execution of export-import contracts, as well as compliance with currency legislation when conducting foreign trade operations, in part regarding customs bodies;
conducting customs statistics of foreign trade of goods and goods nomenclature of foreign economic activity;
improving the legal culture of citizens in the customs sphere;
conducting regular monitoring of the effectiveness of application of the risk management system;
application of modern information and communication technologies and technical means of control in the activities of customs bodies;
development of priority directions for the development and improvement of customs;
ensuring the fulfillment of obligations arising from international treaties of the Republic of Uzbekistan, in the part related to customs.
Article 4. Basic principles of activities of customs bodies
The basic principles of the customs bodies are legality, unity, openness and transparency, observance of rights, freedoms and legitimate interests of individuals and legal entities, and respect for these rights, freedoms and legal interests.
Article 5. Interaction of customs bodies with state bodies and other organizations, civil society institutions and citizens
When performing the functions assigned to them, the customs bodies interact with state bodies and other organizations, civil society institutions and citizens.
State bodies and other organizations, within their competence, are obliged to assist the customs bodies in carrying out their activities, as well as in countering violations of customs legislation.
The interaction of customs bodies with state and other organizations can be carried out using electronic information exchange.
Information and documents necessary to fulfill the functions assigned to the customs bodies, according to their legal requirements, are provided by state bodies and other organizations free of charge.
Chapter 2. Customs bodies, their rights and obligations
Article 6. Customs bodies
Customs bodies are law enforcement bodies.
Customs bodies shall include the State customs committee of the Republic of Uzbekistan, departments of the State customs committee for the Republic of Karakalpakstan, regions, Tashkent city, the specialized customs complex “Tashkent-AERO”, customs posts, the Customs Institute of the State customs committee of the Republic of Uzbekistan (hereinafter — the Customs Institute), as well as National dog training center.
Customs bodies are legal entities that have a seal with the image of the State Emblem of the Republic of Uzbekistan and with their name.
Customs bodies are formed and abolished by the President of the Republic of Uzbekistan.
The organizational and staffing structure and maximum staffing of customs bodies, categories of customs posts are approved by the President of the Republic of Uzbekistan.
The regulation on the State customs committee of the Republic of Uzbekistan is approved by the Cabinet of Ministers of the Republic of Uzbekistan.
Customs bodies are headed by the chairman of the State customs committee of the Republic of Uzbekistan.
The Chairman of the State customs committee of the Republic of Uzbekistan has the right to make, if necessary, changes to the organizational and staff structures of customs bodies within the established total staffing.
Customs points may be formed in the composition of customs posts. Customs points are formed and abolished by the chairman of the State customs committee of the Republic of Uzbekistan.
Article 7. Rights of customs bodies
When performing the functions assigned to them, the customs bodies have the right:
to check information and documents, conduct an oral survey, receive information, perform customs inspection, customs examination and personal examination, as well as inspection of buildings, territories and vehicles for customs control;
to carry out customs control in relation to goods and vehicles after their release for free circulation in order to verify the accuracy of the information and the legality of foreign trade activities of individuals and legal entities;
to request and receive from banks, financial bodies and other organizations, as well as from individuals and legal entities, information and documents related to the conducting of export-import operations;
to take samples and copies of goods and other items in order to carry out customs control;
to detain and seize goods and other valuables that are direct objects of customs offenses;
to conduct pre-investigative checks, inquiries and carry out operational investigative activities;
to carry out administrative detention of the offenders;
to issue special permissions and licenses;
to apply modern information and communication technologies and technical means of control in the activities of customs bodies;
involve a specialist or expert in order to ensure compliance with customs legislation;
make recommendations for improving the activities of customs bodies.
Article 8. Obligations of customs bodies
Customs bodies are obliged to:
control over compliance with customs legislation;
control over correctness, completeness and timeliness of customs payments;
organize customs control;
timely inform individuals and legal entities about their rights and obligations when moving goods and vehicles, as well as when crossing the customs border of the Republic of Uzbekistan;
not to divulge information constituting state secrets or other secrets protected by law, which became known to them in the performance of their official duties;
take measures to prevent offenses, identify and eliminate the causes and conditions that contributed to their commission;
take measures aimed at preventing the manifestation of corruption and other official crimes in the customs bodies;
assist in the implementation of measures to protect state security, public order, the life and health of citizens, and environmental protection;
ensure compliance with information security requirements when using information and communication technologies.
Chapter 3. Use by customs officials of physical force, special means and firearms
Article 9. Conditions for the use of physical force, special means and firearms
A customs officer in the performance of official duties has the right to use physical force, carry, store and use special means and firearms assigned to him/her.
The customs officer is required to undergo special training, as well as periodic checks on professional suitability for action in conditions associated with the use of physical force, special means and firearms.
The customs officer who has undergone special training is issued a permit by the State customs committee of the Republic of Uzbekistan.
The use of physical force, special means and firearms should be preceded by a clearly expressed warning about the intention to use them, except when such a warning is impossible or when the delay results in a direct danger to the life and health of citizens and the customs officer and may entail other serious consequences.
The use of physical force, special means or firearms must correspond to the situation that has happened, the nature and degree of danger of the actions of persons. In this case, the customs officer must strive to minimize any harm.
Citizens who have received bodily harm as a result of the use of physical force, special means or firearms should be given first aid, and measures must be taken to provide medical care as soon as possible, and their relatives should be notified within twenty-four hours.
An officer of the customs body shall immediately report to the direct superior about each case of the use of physical force, special means and firearms, as well as harm to life, health or property of individuals or property of legal entities.
The customs bodies shall immediately notify the prosecutor of each case of harm to life, health or property of individuals or property of legal entities as a result of the use of physical force and special means, as well as all cases of the use of firearms.
The officer of the customs body is not liable for harm caused to individuals and legal entities when using physical force, special means or firearms, if the use of physical force, special means or firearms was carried out on the basis established by this Law.
Article 10. Use of physical force
The customs officer shall have the right to use special means, such as: opening of premises and compulsory parking of vehicles, handcuffs, rubber sticks, teargas, as well as other special means and techniques, in the following cases:
for suppression of attempts to seize guarded objects of customs bodies, firearms and ammunition, explosives, vehicles;
to repel an attack on citizens or customs officials;
for detention of a person, if this person can offer armed resistance, their delivery, escort and protection, as well as in order to prevent the attempt to escape, causing harm to others or oneself;
in overcoming opposition to the legal requirements of a customs officer.
It is forbidden to use physical force against women with visible signs of pregnancy, persons with visible signs of disability, minors, when their age is obvious or known, except in cases of armed resistance, an attack that threatens the life and health of citizens or a customs officer.
Article 11. Use of special means
In the performance of official duties, a customs officer has the right to use special means: devices for opening premises and forcing vehicles to stop, handcuffs, rubber sticks, tear substances, as well as other special means and equipment for:
repel an attack on citizens or customs officers;
repel an attack on a room, building (structure, construction), a vehicle owned or used by customs bodies, on goods and vehicles under customs control, as well as to release these objects in case of their capture;
suppression of physical resistance provided to the customs officer;
detention of offenders, their delivery to the customs body or to another law enforcement agency, if these persons offer physical resistance or other resistance;
stopping the vehicle, in relation to which there are grounds that the specified vehicle is the object of an offense in the field of customs.
It is forbidden to use special means for women with visible signs of pregnancy, persons with visible signs of disability, minors, when their age is obvious or known, except in cases of armed resistance and (or) a group attack that threatens the life and health of citizens or a customs officer.
It is forbidden to strike with a rubber stick on the head, neck, clavicle, stomach, genitals, in the area of the projection of the heart.
The list of special tools used by customs officers is approved by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 12. Use of firearms
Customs officers have the right to use firearms as an exceptional measure only in the following cases:
if it is impossible to protect citizens by other methods or means, to protect them from an attack that threatens their life and health;
in the performance by customs officers of official duties to combat smuggling and other crimes — to repel armed and other attacks that pose a threat to their life and health;
to repel armed attacks on objects protected by the customs body, buildings (premises, structures);
to detain a person who refuses to comply with the legal requirements of a customs officer regarding the delivery of weapons and ammunition, explosives, explosive devices, toxic or radioactive substances;
to detain a person providing armed resistance, if the applied methods and means do not allow to effectively repel resistance, detain or disarm it;
if the person driving the vehicle, not obeying the legal requirements of the customs officer to stop, poses a threat to the life and health of citizens, as well as in the absence of other possibilities for his/her detention.
The use of firearms should be preceded by a clear warning of the intention to use it.
Firearms may be used without warning when:
sudden armed attack, as well as with the use of military equipment, vehicles, flying vehicles, river vessels;
escape of armed persons who have committed the illegal movement of smuggled items and other crimes using vehicles.
In all cases of the use of firearms, the customs officer is obliged to take all possible measures necessary to ensure the safety of the people around him/her, and if necessary, provide first aid to the victims.
It is forbidden to use firearms against women with visible signs of pregnancy, persons with visible signs of disability, minors, when their age is obvious or known, except when they carry out an armed attack, provide armed resistance that threatens the life and health of citizens or a customs officer, hijacking vehicles means using weapons or a group attack and in other cases, if it was impossible to repel such an attack by using other methods and means.
The list of types of firearms and ammunition used by customs bodies is approved by the President of the Republic of Uzbekistan. It is forbidden to arm the customs bodies and use firearms and ammunition that are not included in this list.
Chapter 4. Service in customs bodies
Article 13. To hire and service in customs bodies
In the customs bodies citizens are hired, appointed, promoted and rotated by the customs bodies irrespective of their gender, race, nationality, language, religion, social origin, beliefs, personal or social status.
As a rule, citizens of the Republic of Uzbekistan not younger than seventeen years old and not older than thirty years old, as well as at thirty years old, having the appropriate level of education, capable of fulfilling the duties of a customs officer in their personal and working qualities, health and physical fitness, are hired on a voluntary basis to service in the customs bodies.
Men are hired for service in the customs bodies in the event they undergo urgent military service or military service in a mobilization draft reserve or military training in higher educational institutions.
In exceptional cases, on the basis of a decree, resolution or order, as well as the consent of the President of the Republic of Uzbekistan or a resolution of the Cabinet of Ministers of the Republic of Uzbekistan or by order of the chairman of the State customs committee of the Republic of Uzbekistan, workers from other state bodies and organizations may be hired for service to the customs bodies without taking into account the requirements specified in parts two and three of this article.
Citizens who are recognized as legally incompetent or of limited legal capacity, who have diseases or physical disabilities that impede service, who were dismissed from other state bodies for negative reasons, as well as citizens who were previously convicted of a crime, cannot be accepted for service to the customs bodies, regardless of the measure applied punishment, repayment or withdrawal of conviction and the application of an act of amnesty or pardon against them.
Positions in the customs bodies are completed in the following order:
officers — graduates of the Customs institute and citizens of the Republic of Uzbekistan with higher education;
sergeants — by citizens of the Republic of Uzbekistan with secondary, specialized secondary, vocational and higher education.
The appointment of reserve officers of the Armed Forces of the Republic of Uzbekistan to the positions of sergeants of the customs bodies is not allowed.
Customs officers, by orders of the chairman of the State customs committee of the Republic of Uzbekistan, in agreement with the relevant ministries, state committees and departments, can be transferred to the Armed Forces, troops and bodies of the State Security Service, Ministry of Emergency Situations, the National Guard of the Republic of Uzbekistan, paramilitary forces created by decision of the President Republic of Uzbekistan, as well as internal affairs bodies and back in connection with the determination them personally for active military service or for further service in the customs bodies.
Military-liable citizens of the Republic of Uzbekistan, hired to the customs bodies, are removed from military registration and are specially registered with the State customs committee of the Republic of Uzbekistan. Employees dismissed from the service are registered with the Ministry of Defense of the Republic of Uzbekistan.
Article 14. Customs officers
An officer of the customs body is a citizen of the Republic of Uzbekistan, who is in the service of the customs bodies, which is awarded a special rank.
Samples of uniforms of customs officers are approved by the President of the Republic of Uzbekistan.
The customs officer shall be issued a service certificate and a personal number card.
The customs officer for the period of service cannot be a member of political parties.
Article 15. The oath of a customs officer
A citizen hired to serve in the customs bodies takes an oath of the following content:
“I, (surname, name, patronymic), swear in the exercise of the powers of a customs officer to strictly observe the Constitution and legislation of the Republic of Uzbekistan, to protect its economic security, to conscientiously fulfill my duties.”
Article 16. Assignment, reduction and deprivation of special ranks of customs officers
The following special ranks are assigned to customs officers:
sergeant — junior sergeant of the customs service, sergeant of the customs service, senior sergeant of the customs service;
officers:
junior officers — lieutenant of the customs service, senior lieutenant of the customs service, captain of the customs service;
senior officers — major of the customs service, lieutenant colonel of the customs service, colonel of the customs service;
general staff — Major General of the Customs Service, Lieutenant General of the Customs Service, Colonel General of the Customs Service.
Candidates hired to the positions of sergeant officers of the customs bodies, simultaneously with their appointment to the post, shall be awarded the special rank of Junior Sergeant.
Candidates hired to the posts of officers of the customs bodies, simultaneously with the appointment, are assigned the special rank of senior sergeant, in which they serve until the end of the preliminary probationary period and the assignment of the primary officer rank.
The term of the preliminary test of the customs officer is three months.
Candidates who are reserve officers of the Armed Forces of the Republic of Uzbekistan and are hired as officers of the customs bodies are assigned a special rank equivalent to the existing military rank.
Special ranks of customs bodies up to senior officers are included by order of the chairman of the State customs committee of the Republic of Uzbekistan.
In some cases, citizens with a scientific degree or many years of experience and work experience (services) in narrow-profile types of activity, when they are appointed as officers of the customs bodies as a primary, may be awarded a special rank up to and including the “major”.
Persons sent on the basis of a decree, resolution, order or consent of the President of the Republic of Uzbekistan to serve in the customs bodies for the posts of general officers who do not have special, military and other ranks may be awarded a special rank up to and including the “colonel”.
The special rank “lieutenant” is assigned to:
persons accepted as officers of the customs bodies who have successfully passed the probationary period;
persons appointed to the posts of officers from the sergeant composition of the customs bodies;
graduates of the Customs institute.
Special ranks of the general staff of customs bodies are awarded by the President of the Republic of Uzbekistan.
The following terms are determined for service in a special rank:
“Junior Sergeant” — two years;
“Sergeant” — two years;
“Senior sergeant” — indefinitely;
“Lieutenant” — two years;
“Senior lieutenant” — two years;
“Captain” — three years;
“Major” — four years;
“Lieutenant colonel” — five years.
Dates of service in the special rank of “Colonel” and above are not established.
The next special ranks are awarded to customs officers who have passed the service term established by part eleven of this article, in accordance with the rank provided for their position.
When moving to a position providing for a special rank higher than the previously held position, which has expired the established term of stay in the corresponding special rank, the customs officer shall be recommended for the next rank.
If the customs officer is reduced to a special rank, the service term until restoration to the previous rank is not included in the service term for the assignment of the next rank.
Customs officers who exemplarily perform their official duties, who have shown selflessness and heroism in the performance of official duties, may be given a reward measure in the form of early assignment of a special rank to the officers of the customs bodies or assignment of another special rank one level higher than that provided for by the current position only once for the entire period of service in the customs bodies.
The simultaneous assignment of an early special rank and the next special rank one step higher than the stipulated position is not allowed.
Employees of customs officers with seniority who are eligible to receive a pension, and who are also allowed to assign another special rank, whose ultimate special rank is a “captain” who is positively characterized by work, may be assigned a special rank of “major”.
Assignment of the next special ranks to customs officers is delayed in the following cases:
being an employee at the disposal of the State customs committee of the Republic of Uzbekistan;
the employee has a valid disciplinary sanction;
conditional passing by the employee of the next certification;
initiation of criminal proceedings;
dismissal of an employee from his/her post and relocation to another position as a disciplinary sanction — within one year from the date of dismissal.
The employee of customs bodies who are in officer content may be subject to disciplinary action in the form of reduction in a special rank by one level. In this case, the reduction may be carried out to the special rank of “lieutenant”. The imposition of a disciplinary sanction in the form of a reduction in a special rank is carried out only by the chairman of the State customs committee of the Republic of Uzbekistan.
Until the customs officer is reinstated in the previous rank and the next rank is assigned to him/her, repeated reduction in a special rank is not allowed.
The previous rank of a customs officer reduced in a special rank may be restored, regardless of the position, after one year from the date of reduction by the chairman of the State customs committee of the Republic of Uzbekistan.
The reduction and restoration of the special ranks of employees of the general staff of customs bodies are carried out by the President of the Republic of Uzbekistan.
The term of service of a customs officer in the special rank in which he/she was reduced and then restored is calculated in conjunction with the length of service elapsed before reduction.
Customs officers appointed by acting to higher or equivalent positions, special ranks are assigned in accordance with the position held by them before appointment.
Changes in the staffing table (downsizing, promotion or downgrading) of the posts previously held by customs officials, after their appointment as acting or admission to study, are not taken into account.
Special ranks for persons transferred to the service of the customs bodies from other law enforcement or other bodies providing for the availability of special ranks, regardless of their position, are assigned by the chairman of the State customs committee of the Republic of Uzbekistan.
When assigning the next special rank to a customs officer, the period of service in the rank at the previous place of work is taken into account.
When establishing the percentage allowance for seniority, customs officers who have been awarded special ranks take into account their official or seniority at the previous place of work (established for the payment of the percentage allowance) and this period is counted into the total length of service when assigning a pension in case of dismissal from the customs bodies.
Deprivation of special ranks on the basis of a court verdict is carried out by order of the chairman of the State customs committee of the Republic of Uzbekistan. When making a court decision on the restoration of a special rank, restoration is carried out by order of the chairman of the State customs committee of the Republic of Uzbekistan.
Article 17. Appointment and dismissal of customs officers
The Chairman of the State customs committee of the Republic of Uzbekistan is approved by the President of the Republic of Uzbekistan on the proposal of the Prime Minister of the Republic of Uzbekistan and is relieved of his/her duties by the President of the Republic of Uzbekistan.
The chairman of the State customs committee of the Republic of Uzbekistan is equal in status to the minister, and the first deputy and deputy chairmen of the State customs committee of the Republic of Uzbekistan — to the first deputy and deputy ministers, respectively.
Deputy Chairmen of the State customs committee of the Republic of Uzbekistan, heads of departments of the State customs committee for the Republic of Karakalpakstan, regions, the city of Tashkent and the specialized customs complex “Tashkent-AERO” are appointed and dismissed by the President of the Republic of Uzbekistan.
The head of the Customs institute is appointed and dismissed by the chairman of the State customs committee of the Republic of Uzbekistan in consultation with the President of the Republic of Uzbekistan.
The appointment and dismissal of customs officers not provided for in the first, third and fourth parts of this article shall be carried out in the manner determined by the State customs committee of the Republic of Uzbekistan.
In case of organizational and staff changes, the customs officer is dismissed and placed at the disposal of the customs bodies for up to two months, with the permission of the chairman of the State customs committee of the Republic of Uzbekistan — more than two months.
For the customs officer at the disposal of the customs bodies, for the first two months, monetary allowance for the last position is retained, starting from the third month — a salary for a special rank and an allowance for seniority. After four months, payment may be made by decision of the chairman of the State customs committee of the Republic of Uzbekistan.
During the period of stay of a customs officer at the disposal of the customs bodies shall not be counted the time of his/her illness (in the presence of a certificate of incapacity for work) and being on the annual regular leave (except for parental leave). Payment of cash allowance during these holidays is made only during the first two months.
The period of stay of the customs officer at the disposal of the customs bodies lasting more than two months is included in the total length of service on a daily basis.
In the event of a threat to the life and health of the customs officer or members of his/her family, as well as the need to change the place of service (residence) due to their health condition, the employee is transferred to another department of the customs bodies.
Customs officers who are related to each other (parents, spouses, brothers, sisters, children, as well as parents, brothers, sisters of spouses) cannot be appointed to the posts of one unit if the service in it is connected with the subordination or control of one of them to another.
When a court decision is made in a criminal case on the removal of a customs officer from his/her post, he/she is removed from his/her post and appointed to a lower or equivalent position not related to the performance of his/her previous official duties, or left to the customs bodies.
The issue of dismissal from service of an employee suspended from his/her post, or his/her appointment to a previous or equivalent position shall be decided by authorized supervisors on the basis of a court decision.
The transfer of a customs officer by position is carried out in the following order:
to a higher position — in the order of promotion;
for an equivalent position — at personal request, state of health (based on the conclusion of the military medical commission of the internal affairs bodies), family circumstances, when dismissed on the basis of a court decision, conclusion of an internal investigation or when it is necessary to fill vacant posts taking into account professional and personal qualities employee, his/her practical experience in the post, as well as organizational and staff changes;
to a lower position — at the personal request, state of health (based on the conclusion of the military medical commission of the internal affairs bodies) of the employee, in the event that he/she is recognized as not corresponding to the position held, dismissal from the post as a disciplinary sanction, as well as organizational staff changes or in connection with the removal from office on the basis of a court decision if it is impossible to transfer to an equivalent position.
Customs officers holding higher positions can be transferred to an equivalent position, including being transferred to another structural unit in rotation, as a rule, after a three-year period of working in position.
Article 18. Training, retraining and advanced training of customs officers
Training for customs bodies is carried out at the Customs Institute and other educational institutions of the Republic of Uzbekistan.
A customs officer undergoes retraining — in case of appointment to a post with a different type of professional activity or, if necessary, his/her training in new areas of work.
A customs officer undergoes further training every two years.
Students and cadets of the Customs Institute are considered to be serving in the customs bodies, with the exception of foreign citizens.
Article 19. Maintenance of the regime of service
The working hours for customs officials may not exceed forty hours a week. If necessary, employees can be involved in the service in an enhanced or round-the-clock mode.
The normal duty schedule provides for a six-day work week, the daily work of which does not exceed seven hours, and with a five-day work week, eight hours.
The enhanced duty schedule provides for the establishment of overtime work lasting no more than four hours a day.
In the round-the-clock mode, the service is carried out for twenty-four hours with the provision of time for three meals a day and at least eight hours of rest.
During the round-the-clock service, customs officers at their request can be provided with free three meals a day at the place of service in return for compensation for food rations within the limits of the general rations established for military personnel of the Armed Forces of the Republic of Uzbekistan, with the exception of employees who are constantly performing duties on a daily basis.
A customs officer for exceeding the established standards of working hours (days) in connection with the introduction of enhanced or round-the-clock regimes is paid monetary compensation or, on request, is provided with days of rest (days off) or these days are added to the annual basic vacation.
The introduction and cancellation of the enhanced and round-the-clock regimes, as well as the involvement of customs officers in military operations, are carried out by order of the chairman of the State customs committee of the Republic of Uzbekistan.
Customs officers involved in the performance of official duties on weekends and holidays are provided with days of rest on other days of the week.
The daily duty service of the duty units of the customs bodies is organized at the rate of twenty-four hours.
During the duty, the staff of the duty unit of the customs bodies are alternately provided with breaks for meals and short-term rest for a total of six hours for each with three-shift duty, and four hours for four-shift duty.
At the end of the shift, employees of the duty units of the customs bodies and other employees who are constantly performing official duties in the daily duty mode are provided with rest.
Customs officers involved in round-the-clock service (including on duty) in addition to their main duties, are given rest time of at least twenty-four hours after its completion.
Based on the specifics of official activities in the customs bodies, a daily schedule is developed, approved by the head of the customs authority.
Article 20. Guarantees in the election (appointment, secondment) of a customs officer to other bodies and organizations
Customs officer, elected (appointed) by the deputy of the Legislative Chamber, member of the Senate of the Oliy Majlis of the Republic of Uzbekistan, deputy of the Jhokargi Kenes of the Republic of Karakalpakstan, representative body of state authority of the region, district and city, appointed on the basis of a decree, resolution, order, and also with the consent of the President of the Republic Uzbekistan or by decision of the Cabinet of Ministers of the Republic of Uzbekistan to other state bodies or organizations subordinate to them, as well as with a secondment order of the chairman of the State customs committee of the Republic of Uzbekistan for training in educational institutions for the period of fulfillment of their duties (training) is credited to the current reserve of personnel of the State customs committee of the Republic of Uzbekistan (hereinafter — the reserve of personnel) without preserving monetary allowance in the customs bodies, unless otherwise provided by law .
The state body to which the customs officer was elected (appointed, seconded) provides him/her with a monetary allowance in the amount not lower than at the last position he/she held before his/her election (appointment, secondment), and also pays a bonus for long service and special salary rank.
The customs officers listed in the first part of this article shall be given special ranks regardless of their last position. The period of fulfillment of duties (training) shall be counted towards the customs officer in the length of service in the customs bodies for payment of a premium for long service, which gives the right to confer another special rank, establish a salary of money (consisting of the amount of official salary and salary for a special rank) and pension.
Upon dismissal from service, customs officers referred to in the first part of this article, as well as members of their families, enjoy the rights, benefits and advantages along with employees dismissed from the customs bodies.
An employee of the customs body who has returned to the customs bodies, by order of the chairman of the State customs committee of the Republic of Uzbekistan, is removed from the personnel reserve and is appointed to his/her previous, equivalent or superior position.
Article 21. Certification of customs officers
Certification of customs officers (hereinafter — certification) is carried out in order to objectively assess their level of knowledge and professional suitability, suitability of their position, as well as to strengthen official discipline and increase responsibility in the performance of tasks assigned to them.
Certification should take place in an atmosphere of publicity, exactingness, integrity and goodwill.
Customs officers during the service pass the next and extraordinary certification.
The period of the next certification is calculated from the day of appointment and the last certification.
The next certification is carried out once every three years.
The following customs officers do not pass regular certification:
appointed by the President of the Republic of Uzbekistan;
who have served in their position for less than one year. This category of employees is certified after one year;
who are on a business trip, undergoing treatment (with the opening of a certificate of incapacity for work in medical institutions of the internal affairs bodies) and undergoing further training. This category of employees is certified after returning to their official duties;
credited to the reserve personnel. This category of employees undergoes certification in the general manner after at least one year from the date of their exclusion from the personnel reserve and appointment to the position in the customs bodies;
those on maternity and childcare leave. This category of employees is certified after at least one year from the date of return to official duties;
employees enlisted by the customs bodies. This category of employees is certified after one year after appointment;
employees under investigation. This category of employees passes certification after completion of the investigation in the general manner.
Extraordinary certification is carried out by customs officers who have low performance indicators, grossly violated or systematically violate official discipline, committed misconduct, discrediting the honor of a customs officer.
The decision on extraordinary certification is made by the chairman of the State customs committee of the Republic of Uzbekistan.
Article 22. Granting vacation for customs officers
Customs officers are granted annually the main vacation of thirty calendar days with the preservation of the position and monetary allowance, the provision of the time necessary to travel to the place of vacation and back, but not more than three calendar days.
Public holidays are not taken into account when determining the duration of the annual regular vacation.
An additional paid leave is provided for the annual main vacation upon the long-term service of a customs officer in calendar terms of duration:
five days — after ten years of service;
ten days — after fifteen years of service;
fifteen days — after twenty years of service.
In the first year of service, customs officers are granted annual regular vacation no earlier than after six months of service.
In cases when, during the period of the annual next leave, the customs officer underwent treatment with the issuance of a certificate of incapacity for work at medical institutions of the internal affairs bodies, the vocation is extended for the duration of the treatment.
Withdrawal from vacation is allowed only in cases of extreme official need with the consent of the customs officer and the written decision of his/her superior. When withdrawing from vacation, its unused portion is provided, as a rule, in the current year.
If the annual regular vocation was not provided to the customs officer during the calendar year, then material assistance for the vocation is paid at the end of the current financial year.
Once a year, a customs officer is reimbursed for travel expenses associated with travel within the Republic of Uzbekistan to the place of the next annual vacation, as well as to the place of spa treatment and back.
Sick vacation is granted to customs officers on the basis of the conclusion of the military medical commission of the internal affairs bodies. The duration of this vacation is determined by the nature of the disease.
In general terms, the duration of continuous sick vacation should not exceed four months. In this case, the period may be extended in cases where a longer period of treatment for certain diseases is required based on the conclusion of a medical institution of the internal affairs bodies.
Upon the expiration of the established period of continuous stay on sick vacation, customs officers shall be examined by the military medical commission of the internal affairs bodies to resolve the issue of their suitability for further service.
The time spent by customs officials in the treatment of injuries (shell shocks, injuries) received by them in the line of duty is not limited to a specific period. After treatment, this category of people undergoes a military medical examination in medical institutions of the internal affairs bodies.
During sick leave granted on the basis of the conclusion of the military medical commission of the internal affairs bodies, a monetary allowance is retained for the customs officer.
Sick vacation does not count towards the next annual leave.
Upon dismissal of customs officers from the service, sick vacation is not granted.
Cadets of the Customs institute who do not have academic debts are provided with seven-day winter vacations and thirty-day summer vacations, as well as leave in connection with the graduation of the institute lasting thirty calendar days.
To solve urgent social problems in the family related to the fulfillment of a kinship duty, as well as for other excusable reasons, customs officers can be granted short-term leave without saving cash allowances of up to ten days and without taking into account the time required to travel to the place of vacation and back.
Customs officers who are dismissed from service are paid monetary compensation for unused annual regular vocation in proportion to the time served in the year of dismissal. In this case, the amount of previously paid monetary compensation for the vacation is withheld from the customs officer who is not eligible for retirement, in proportion to the time served in the year of dismissal.
Article 23. Extension of service term, dismissal from service and reinstatement in customs bodies
Dismissal of customs officials from the service is carried out by order of the head of the customs body authorized by the chairman of the State customs committee of the Republic of Uzbekistan.
A customs officer leaves the service for the following reasons:
of their own free will (for those who have not reached the length of service, the service entitling them to receive a pension) — based on the employee’s notification;
upon reaching the age limit for tenure;
upon reaching the length of service, giving the right to receive a pension, based on the employee’s notification;
due to illness — on the basis of the conclusion of the military medical commission of the internal affairs bodies about incapable for service;
for a limited state of health — on the basis of the conclusion of the military medical commission of the internal affairs bodies on limited capable for service and inability to perform official duties in accordance with the position held in the absence of the possibility of moving in service;
due to unsuitability for service during the preliminary trial period;
due to unsuitability for the position due to insufficient qualifications — based on the results of certification;
in connection with a single gross violation of service discipline;
in connection with the commission of an offense defaming the honor of a customs officer;
in connection with a conviction for a crime after the entry into force of a sentence, court order;
for systematic violations of official discipline if the employee has a disciplinary sanction;
in connection with the transfer to another state body (without being credited to the personnel reserve);
in connection with the termination of citizenship of the Republic of Uzbekistan or the acquisition of citizenship of a foreign state;
due to non-compliance with restrictions (prohibitions) established for employees by legislative acts.
The age limit for serving in customs is for staff of sergeants - fifty years, officers - fifty-five years, generals - sixty years.
Customs officers who have high professional experience, work experience and are fit for health due to their health status, with their consent, can be extended to five years, and those holding professorships at the Customs institute and have a degree — up to ten years in the manner established by the chairman of the State customs committee of the Republic of Uzbekistan.
The maximum age for re-admission of citizens who have previously served in the customs bodies or have completed active military service should not exceed forty-five years.
The decision to extend the service term does not exclude the possibility of dismissal of a customs officer from the service on the grounds provided for by this Law.
In the following cases, dismissal from service of customs officers is not allowed if they:
are being treated in medical institutions, in cases of recognition by their medical institutions of internal affairs bodies as temporarily disabled;
are on vacation or a business trip;
taken captive or hostage (except in cases of voluntary surrender or hostage).
A customs officer cannot be dismissed from the service until investigative steps are taken against him/her, a decision has been made on the criminal case before the court, or a court verdict has entered into legal force.
The customs officer has the right to dismiss on his/her long service, giving the right to receive a pension, upon reaching twenty years of service in calendar terms.
Customs officers are excluded from the lists of personnel of the customs bodies due to death, recognition as missing or declared dead.
Restoration of service to the customs bodies of persons dismissed in connection with a conviction for a crime after the entry into force of a sentence, court order, in cases of recognition of them unlawfully criminalized or dismissed unreasonably, is based on a court decision that has entered into legal force, or decisions of the chairman of the State customs committee of the Republic of Uzbekistan.
The inclusion in the lists of personnel and the appointment to the post of persons who are subject to reinstatement are made by decision of the chairman of the State customs committee of the Republic of Uzbekistan.
Restoration of service to the customs bodies is carried out by assigning the previous special rank, calculating the allowance and length of service, appointing him/her to his/her former position or, if it is not possible, to an equivalent or other position with the condition of setting off the period from the day of dismissal to the day of restoration of the person.
The payment of monetary allowance to a customs officer who has been detained in custody shall be suspended from the day he/she is detained and renewed from the day he/she is released from custody.
Compensation of material and moral damage to a person reinstated in the service is carried out on the basis of a court decision.
The procedure for recruiting people previously dismissed from customs is determined by the chairman of the State customs committee of the Republic of Uzbekistan.
Customs officers serving in the customs bodies (including those in the personnel reserve), the length of service is calculated in preferential terms — one day for one and a half days.
During the period of study at the Customs institute, the former Customs college of the State customs committee of the Republic of Uzbekistan and higher military educational institutions of the Republic of Uzbekistan, the service term is calculated at the rate of one day for one day.
A customs officer has the right to appeal against his/her dismissal from service with an appeal to a higher authority in the order of subordination or to a court.
Chapter 5. Legal and social protection of customs officers
Article 24. Guarantees of legal protection of customs officers
The customs officer acts as a representative of the state authority and is under state protection.
The customs officer in the performance of official duties submits to his/her direct and immediate superior.
No one has the right to interfere in the legitimate activities of customs officials, to force them to perform duties that are not assigned to them by law, with the exception of those who are entrusted with the law with these powers.
The customs officer is obliged to be guided by law, upon receipt of an order or instruction that is clearly contrary to the law, has the right to refuse to execute it.
Customs officers are not required to give any explanations on the merits of cases and materials in their proceedings, as well as to provide such cases and materials, including those affecting the rights, freedoms and legitimate interests of citizens, for review only in cases and in the manner provided legislation.
Customs officers have the right to appeal against decisions and actions (inaction) taken against them to higher officials, the prosecutor or the court.
The legal requirements of a customs officer performing official duties presented within his/her competence are binding on all individuals and legal entities.
Failure to comply with the legal requirements of customs officials, obstructing their duties, insulting their honor and dignity, resisting them, threatening, violence or encroaching on their life, health and property in connection with the performance of their official duties entail liability established by law.
Appealing against the legal requirements of customs officers does not suspend their implementation.
Article 25. Types of social protection of customs officers
Social protection of customs officers is ensured by:
health care;
payroll;
provision of accommodation;
compensation for damage caused to property;
state pension provision;
state insurance;
provision social assistance.
The legislation may provide for other measures of social protection of customs officers.
Article 26. Health protection of customs officers and their family members
Employees, pensioners of customs bodies and their families, cadets of the Customs institute are provided with free health care, medical and social welfare, and health care is provided by medical institutions of the internal affairs bodies.
Customs officers and pensioners are provided with preferential directions for receiving spa treatment once a year.
In necessary cases, emergency medical and planned specialized medical care is provided by medical institutions of the Ministry of Health of the Republic of Uzbekistan.
The procedure for organizing health care, medical and social assistance and sanatorium-resort provision, medical examination and military medical examination is approved by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 27. Remuneration of customs officers
The types and sizes of monetary allowance of customs officers are approved by the President of the Republic of Uzbekistan.
Customs officers are provided with cash and food allowances.
Article 28. Provision of accommodation for customs officers
Customs officers recognized as needing to purchase housing and improve housing conditions are eligible for accommodation.
Customs bodies may organize a service accommodation.
Customs officers are paid cash compensation for renting housing.
Customs officers are given the right to purchase apartments and land for the construction of individual houses using preferential long-term mortgage loans.
Article 29. Compensation for damage caused to property of customs officers
Damage caused to property of customs officials or their close relatives in connection with the performance of official duties is subject to compensation in full at the expense of the State budget of the Republic of Uzbekistan with the subsequent recovery of this amount from the guilty persons.
Article 30. State pension provision for customs officers
Customs officers, and in case of loss of the bread-winner, their family members are entitled to state pension in the manner and amount established by law.
Article 31. State insurance of customs officers
Customs officers are subject to compulsory state insurance at the expense of the State budget of the Republic of Uzbekistan and other sources not prohibited by law.
Article 32. Providing social assistance to customs officers and their families
The Chairman of the State customs committee of the Republic of Uzbekistan has the right to assign lump-sum benefits to customs officers who received bodily harm in the line of duty, as well as to the families of the victims.
Legislation can provide benefits to children of customs officers who died in the line of duty, when hiring for service at the customs bodies and when hiring for studies at the Customs institute.
Chapter 6. Final Provisions
Article 33. Symbols of customs bodies
Customs may have a flag and an identification mark.
The flag and the identification mark of the customs bodies are approved by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 34. Financing and material and technical provision of customs bodies
Financing and material and technical provision of customs bodies is carried out at the expense of the State budget of the Republic of Uzbekistan and other sources not prohibited by law.
Customs officers are provided with free uniforms. The norms for the supply of clothing allowance, as well as the rules for wearing uniforms are established by the State customs committee of the Republic of Uzbekistan.
An extra-budgetary fund may be established in the customs bodies.
Customs officers use special vehicles in the performance of their duties, including those that have special light and sound signals, color painting schemes that indicate belonging to the customs bodies, as well as other special means.
The procedure for use, as well as the norms and limits of material and technical and transport support of customs bodies are established by the State customs committee of the Republic of Uzbekistan.
Article 35. International cooperation
The State customs committee of the Republic of Uzbekistan, in accordance with legislation and international treaties of the Republic of Uzbekistan, cooperates with the customs bodies of other states and international organizations on issues within its competence.
Article 36. Responsibility of Customs Officers
For unlawful acts or omissions, as well as improper performance of official duties, the customs officer is liable in accordance with the law.
Damage caused to individuals and legal entities by unlawful actions or inaction of a customs officer is subject to compensation by the customs bodies at the expense of an extra-budgetary fund with the subsequent recovery of this amount from the guilty person.
Customs officers are responsible for violation of official discipline in accordance with the Disciplinary statute of the customs bodies, approved by the President of the Republic of Uzbekistan.
An individual or legal entity who believes that the actions or omissions of a customs officer led to the violation of his/her rights, freedoms and legitimate interests, has the right to appeal these actions or omissions to a higher authority or a court.
Article 37. Responsibility for violation of the legislation on the state customs service of the Republic of Uzbekistan
Persons guilty of violating the legislation on the state customs service of the Republic of Uzbekistan are liable in the prescribed manner.