Personal customs inspection is an exceptional measure, and can only be applied if there are substantial grounds for believing that an individual is trying to cross the border with things prohibited for import or export, trying to violate the rules of crossing the border.
Places where inspection can be carried out
The main condition that allows an inspection is crossing the state border. This may be a customs control zone, a transit zone. Such places are located:
- at automobile checkpoints;
- in trains or other vehicles;
- in international air and sea (river) ports.
Participants in the procedure
Personal customs inspection is carried out on the basis of a decision of the head or deputy customs service. The decision is made in writing by affixing a resolution to the report of the subordinate or by issuing a separate act. Inspection can be carried out with the personal consent of the individual.
A customs officer is the person who is entrusted with the inspection. Before starting the procedure, he is obliged to familiarize the inspected person with the decision of the leadership and declare his duties and rights assigned to him at the level of legislation. Without fail, the person who will conduct the inspection must be of the same sex as the one who will be searched.
Medical worker - a person who examines the body of an individual.
The person to be inspected is a citizen whose identity has been decided to conduct an inspection. There are no special requirements for such persons, that is, it does not matter at all whether it is a man or a woman, whether the person is a competent person, and whether he has special merits or status. Naturally, there are exceptions to this rule, for example, personal customs inspection of security officers and deputies of the Federal Assembly of the country is not allowed. A complete list of such persons is determined by individual regulations and international treaties.
Witnesses are persons who must be present during the inspection and certify with their signatures that the entire procedure was carried out in their presence. There should be at least two witnesses. They must be of the same gender as the inspected citizen.
Legal representatives must be present during the search if it is a minor or legally incompetent person. It can be parents, guardians or accompanying.
Location requirements
Personal customs inspection can be carried out exclusively in a separate and isolated room, which must necessarily comply with sanitary and hygienic standards. Any access by unauthorized persons to such a room should be completely excluded.
During the procedure, it is not allowed to humiliate the personal dignity of the inspected person or to cause harm to him, both mental and physical.
The first stage is preparatory
According to the requirements of regulatory documents, the stages of conducting personal customs inspection are divided into three blocks. The first is preparatory. At this stage, the person to be inspected is notified of the decision by the customs representative. The inspector is explained his rights and obligations. At this point, witnesses should already be present.
First of all, the inspected person is invited to voluntarily issue the alleged prohibited items.If a person refuses to issue things prohibited for export or import, the representative of the customs service proceeds to the direct inspection procedure.
The second stage - inspection
First, the customs officer announces to the inspector that the inspection procedure begins. Things, clothes and only then the body of a citizen are examined.
When the inspected person is in underwear, no unauthorized persons should be in the room, only a medical professional and an interpreter. The last specialist may be present only with the consent of the inspected person. All body parts, hair are subject to inspection.
During a personal customs inspection (human body), video and photography are not allowed. It is not allowed to conduct at the same time in one room inspection at once of several inspected persons.
Customs officers are required to carefully treat the things of the person who inspect.
If the detained citizen voluntarily transfers the prohibited items, and the customs specialist has no good reason to believe that the first has other items, then the inspection should stop.
Stage Three - Documentation
A personal search as a form of customs control involves the mandatory recording of everything that happens in writing. Based on the results of the inspection, an act in two copies is drawn up. The form of the document is provided for by the Decision of the Commission of the Customs Union No. 260.
The second copy of the act must be transferred to the inspected person or his legal representative.
If the conflict comes to criminal proceedings, then the act with all materials attached is attached to the criminal case.
Personal Customs Inspection Act
This document must contain the date, place and time of the beginning and end of the inspection. The name of the customs authority, position and name of the persons who conducted the inspection are registered.
All data of the searched person shall be indicated, including citizenship, year of birth. Further, the characteristic of the room where the inspection was carried out is prescribed. Name, passport data and place of residence of witnesses, translator, medical worker must be indicated.
Information is written that the inspected person is acquainted with his rights and obligations, the fact of the announcement of the decision to conduct an inspection is confirmed. Information is indicated that the inspected person agreed or refused to voluntarily transfer items prohibited for import or export.
If prohibited personal items were identified during a personal customs search, their brief description is given. Be sure to indicate the sequence of the entire procedure.
In cases where the physician used special medical devices, all information is also indicated about them, up to the name and model.
If the inspected person has filed motions or made comments, they must be included in the act.
As a result, the act is signed by all participants in the inspection. If this person or his legal representative refused to sign the document, then a corresponding note is made about this, which is additionally certified by the signatures of witnesses.
Annexes to the Act
All objects that were found on the body or in the things of the person being inspected, or were voluntarily handed over to customs representatives, are mandatory attached to the act. Each item seized or voluntarily handed over to the representatives of the customs service must be packed in a separate package. Paper should be included in the package, with a brief description of the subject and signatures of witnesses.
The statement also includes all the explanations that were submitted to the examined medical staff or witnesses, experts, if they were involved in the procedure. If a photo or video was taken, then these materials are also attached to the act, for example, recording from CCTV cameras about the suspicious behavior of the searched person.In cases when the survey was conducted, its results are attached to the act.
Search Rights
In customs law, personal search is an extreme measure, but in any case, the rights guaranteed by the Constitution of the country being inspected must be respected.
First of all, during the inspection, officials must behave correctly and in no case should humiliate a person’s personal dignity or harm his health.
The inspector himself has the right to the following:
- that he was announced the decision to conduct an inspection;
- to familiarize yourself with your duties and rights;
- may give explanations and announce petitions;
- voluntarily transfer prohibited items to customs officials;
- to familiarize yourself with the text of the act on the inspection, submit applications on it, which must be entered into the act without fail;
- involve a translator in the procedure.
The inspected person may appeal the actions of officials at any time.
It is always necessary to remember that personal customs inspection can only be carried out by a medical professional. In this case, only a superficial examination of the body can be carried out. Representatives of the customs service can inspect things without a medical education. Representatives of the customs service have no reason to carry out an X-ray examination. Although, in practice, some individuals are faced with such a problem. The customs service is justified by the fact that recently the number of people who transport prohibited items in the internal organs has increased.
Rights of a medic and translator
The procedure for conducting a personal customs search suggests that it can be carried out exclusively by a medical professional. In turn, he has the right:
- familiarize yourself with the text of the act, amend it, if necessary;
- use special medical devices, but only those that cannot harm the health of the person being examined.
If the person to be inspected does not know the Russian language, then an interpreter is involved in the examination procedure. This specialist has the right to be present at all stages of the procedure. At the moment when the body is examined, the translator may be present only with the consent of the person being searched. It is not forbidden to involve a customs officer as a translator. The main duty of such a specialist is to translate everything clearly and in full.
Conclusion
A personal search, as an exceptional form of customs control, can be carried out not only with the consent of the person being searched, but also by special order of the customs authorities. Without fail, before the inspection, the person must be familiar with their rights and obligations. Based on the results of the inspection, an act must be drawn up in the prescribed form, in which there should be signatures of the representative of the customs service, witnesses and the person being examined.
Inspection can be carried out exclusively in the presence of witnesses. If the person being examined does not know Russian, then an interpreter must be involved in the procedure.
Any violations made by representatives of the customs service during the inspection can be appealed.