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Правовое регулирование государственной службы в таможенных органах /english/


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1. Noaiiaeaiea and development of customs business in a Republic of Uzbekistan
( in period up to 1991a.)

1.1 Brief review of a history noaiiaeaiey and development of customs business in a Republic of Uzbekistan
It is impossible well to acquire modern scientific - theoretical bases of customs business without digression in a history of the customs right of Uzbekistan at various stages of his(its) development. Not having an opportunity in detail to analyze this complex(difficult) and long process, we shall allocate the main moments describing development of customs business and the legislation on it(him) in ai?aaie?oeiiiue period, and also in Union NN?. Even the brief historical sketch will help more precisely to imagine a modern condition both development and development of customs business in Uzbekistan to understand evolution of main oaii?aiii-legal institutes and norms, clearer to present the tendencies and prospects of development of customs business and customs right of Uzbekistan hereafter to schedule some ways of perfection of oaii?aiii-legal system of a Republic of Uzbekistan.
The occurrence of customs business both legal institutes and norms, his(its) fixing, ascends to most ancient times of a history. If to investigate a question on occurrence of a customs service in ai?aaie?oeiiiue period, the speech can go mainly about organization oaii?aiii-iioeeiiiai of taxation. It was known from times of board Oeio?a. It is possible to speak about an actually customs service with reference to early period of a history conditionally, as only by confluence of time in accordance with creation and strenghtening of the centralized state, expansion of external economic dialogue both turn-over went noaiiaeaiea and development of structures and institutes, which have made then nucleus of a customs service. The gain iiiaiei-oaoa?aie has resulted in rooting in Russian of a word "oaiaa", icii?aaoaai at o??eneeo of the peoples a mark, brand, which was grantiven on property a belonging sort. The verb "oai?eou", i.e was formed(educated) from a word "oaiaa". To tax the goods with the duty, and place where the goods "oai?eee" has become to refer to as as "customs". The main process noaiiaeaiey and development of customs business is necessary on period 1917 on 1991aiau. For this period the valuable experience, which disregarding was saved, including critical, it is impossible to develop the modern customs right. The new state authority after October revolution skeptically has considered the usual system of customs houses, as well as concept of customs business as a whole on territory Oo?eanoaia. The realization eaieineie of idea of state monopoly of foreign trade on nouanao has blocked wide application of oaii?aiii-tariff regulation and has made system of the customs control purely(cleanly) by auxiliary tool of regulation of foreign trade. On a boundary 20-30o of years in USSR has prevailed eiiaiaii - bureaucratic style of management. The foreign trade policy(politics) is based to a principle of state monopoly, and the customs houses gradually lose the most essential functions and cease to execute a role oeneaeuiuo of establishments. However structure of the customs houses usual aa-oaeoi in second half 30o of years and which have received legal fastening in the Customs code 1964a., with very insignificant changes up to middle 80o of years was saved. In a 1925 according to the plan about reorganization of the customs device on places on territory USSR was formed(educated) 11 regional customs inspection managements: Karelian, NORTHWEST, naaa?i-Caucasian, Oo?eiaineia, Uzbek, Alma-Ati etc. In the chapter of each austoms office there was a manager, which carried out supervision, management(manual) of the customs and other establishments included in structure of area of activity of the given customs. A working body in customs houses was the technical meeting (1). The order of a reception(party) on a service of the employees was defined(determined) by the labour legislation and rules about a state service. The customs charter defined(determined) kinds of activity, which the customs employees could not attend to: sharing(participation) in organizations executing work on loading, unloading of the consignments, and also what in - or measures of commercial character personally or through iianoaaiuo of the persons; acceptance per itself of the power of attorney and assignment(order) on customs businesses from the extraneous persons; a purchase of the goods on oaii?aiiiuo auctions. Accepted in 1928a. The customs code USSR (2) has not introduced significant changes to organization of customs office. In development of customs business in USSR the tendency to simplification of system of customs houses is at this time visible. In particular(personally), the Customs code 1928 did not provide on territory USSR of regional customs inspection managements. By the decree of presidium of the supreme Body USSR from 5.05.1964a. (3), the new Customs code was authorized. The management of customs business was referred to management of Ministry of foreign trade and was carried out through Main customs office, included in his(its) structure. Among functions of austoms offices were allocated the control behind observance of state monopoly of foreign trade, fulfilment of customs operations and struggle with smuggling.





During external economic reform (1986-1991) the new stage of development of customs system begins, which features are connected to attempt to transform customs services of the state - iiiiiieenoa to new administrative structure focused on functioning in conditions of the free market and a democratic mode. As the most radical stage of reform of system of customs houses it is necessary to consider(count) a beginning of a 1986, when the Main customs office of Ministry of foreign trade was transformed into Senior Management of the state customs control for want of Ministerial Council USSR - independent body of state management with the status of allied department. (4) Thus, for the first time for the whole history of the Soviet state the customs service was i?aaiecaoeiiii detached. Logic completion of this stage - acceptance in 1991aiao of the new Customs Code and Law USSR about the customs tariff.
The customs code and Law on the customs tariff accepted in 1991aiao, was introduced by(with) essential changes to organization of customs office. The creation of two coordination bodies - oaii?aiii-tariff advice(council) and Coordination advice(council) on struggle with an international illegal turn-over of narcotic means and ineoio?iiiuo of substances was provided. The code eaaaeeciaae actually already usual o?aocaaiio? system of customs houses: central customs house - regional customs offices - customs. Central customs house has become Customs committee. His(its) functions in a greater measure to be guided by economic model of regulation of foreign economic relations and have undergone in this connection essential changes.
The previous experience of creation and functioning of a customs service, despite of his(its) inconsistency and discrepancy, should be taken into account for want of formation and development of customs system of Uzbekistan. This experience should be taken into account and whenever possible eniieuciaaoua of a particular for want of to preparation of the basic oaii?aiii-legal sertificates(acts), first of all about the status of customs houses of different levels, especially for want of definition(determination) them no?oeoe?u and competence.

1.2. Feature of development of customs business in a Republic of Uzbekistan conditions noaiiaeaiey of state independence
As the beginning of creation of a modern customs service and other oaii?aiii-legal institutes it is possible to consider(count) the decree of the President of a Republic of Uzbekistan from August 10 1992aiaa " About formation(training) of State Customs committee of a Republic of Uzbekistan ". The following stage the decree of a Study of the Ministers of a Republic of Uzbekistan from March 4 1994aiaa of ? 114 " About questions of organization of activity of State tax committee of a Republic of Uzbekistan " in a part of concerning organization of activity of customs houses. Then decree of the President of a Republic of Uzbekistan from July 8 1997a. ? OI-1815 was created central customs house of Uzbekistan - State customs committee. During that of a month the decree of a Study of the Ministers ? 374 " About questions of organization of activity of State customs committee of a Republic of Uzbekistan " was accepted. The Rule(situation) about AOE of Uzbekistan was authorized, are certain(determined) structure and regular number of the central device of customs house. The rule(situation) fixes the legal status AOE, his(its) problem, functions and order of activity. The main problems of customs houses are certain(determined): protection of economic interests and maintenance within the limits of the established(installed) authorities of economic safety of republic, sharing(participation) in development and realization of customs tariff policy of republic, protection of the rights and interests of the citizens, and as legal persons for want of realization of customs business. For today economic safety of the state provide more than 230 customs posts, including more than 150 - on borders of republic. Besides act aici?u on railway stations, airports, river ports. For the account(invoice) aiaa?a?aoiuo of means the objects of a customs infrastructure called to promote to acceleration of customs registration of the goods and means of transport, relocated(relocatable) through customs border n?aiu are created. For six years of independence is made out and more than 70 millions tons of the consignments are missed through border, including - almost 30 millions tons export, about 2 millions units of means of transport, is served over 2 millions private persons. (5) Only for the last year in a public finance is transferred(listed) of customs payments to billion noiia. Uzbekistan has achieved a recognition as subject of the customs right, the certificate it has become acceptance of a Republic of Uzbekistan in a 1992 in the members of World customs organization (AOI), in which 142 countries are incorporated, and also inclusion of its(her) representative(representative) 24 states enter into a political commission of this organization, in which structure. Yoaiiui for the further development of customs business in Uzbekistan there was a signing on July 18, 1994 in Aeiaou by the chiefs of countries of a CIS " of Bases of the customs legislation of the states - members of a CIS " (6). In them the fundamental function of the customs officers law-enforcement activity in struggle with infringements of the customs rules especially dangerous by displays of smuggling is certain(determined), all that that negatively influences socio economic life of company and state. Iaeaeaaiaeoay a problem to transform a customs service into the valid mechanism protecting domestic economy with the help of tariff and other measures, and also assisting to development of foreign economic relations of Uzbekistan and duly fulfilment in complete volume of his(its) international obligations. It in turn has resulted in creation of the state program of development of a customs service, above which the active work is conducted. The program should maximum contain in itself being available international experience and rules of law of customs houses. For oi?uaiey and at the same time amplification(strengthening) customs eii?iey it is necessary to equip a service with modern computing means, engineering, communication(connection). Besides according to the international conventions signed by our country, it is necessary to develop principles of export quotas and to increase his(its) reliability for want of moving of such special goods, as military engineering, goods of double purpose(assignment), ?aaeea kinds oei?u and oaoiu, products eioaeaeooaeuiie of the property to achieve prevention of smuggling and infringement of the customs legislation. The program has the purpose to introduce customs business in our country to a level of international requests by an establishment standard in world(global) community and clear foreign investors, businessmen both citizens of the customs order and precise legal base for activity of the republican participants of foreign trade activities on observance of the rules and instructions of customs services including in world(global) practice. Key "marks" developed aini?ia?aiiu also are: Perfection and development of customs houses, mechanism of the control, amplification(strengthening) of interaction of a customs service with other law-enforcement bodies, strenghtening of material base of customs houses (7).






2. Legal basis of a state service in customs houses of a Republic of Uzbekistan

2.1 Concept and legal characteristic of a state service in customs houses
The important place among the subjects of the customs right is taken by(with) the civil servants working as direct in customs houses, and in included in customs system ?Oc establishments, at the enterprises and in organizations. In the beginning it would be necessary to state some general(common) reasons of rather modern understanding of character and contents of a state service. It is necessary for revealing main features and definition(determination) of specifity of a service in customs houses, establishments and organizations. A.I.Eaca?aa fairly marks: « In any system of social management, directly or in the end, the people operate the people. It concerns and to the state mechanism. Without staff it(he) would represent by itself(himself) lifeless structures, legal statuses and circuits of interrelations » (1). This rule(situation) to the full is applicable(applied) to organization of the mechanism of management of customs business. The concepts « a customs service » and « a service in customs houses, establishments and organizations » can be treated differently — Both as identical, and as essentially distinguished from each other. It depends, in turn, on treatment of the term « a customs service ». It is represented, that there are basis to understand a customs service as the certain set of customs houses, establishments and organizations, and also legal status of the officials of customs houses, order and conditions of passage of a service in these bodies (2). In the present work the speech goes about a state service and status of the civil servants in customs houses and establishments, about the order of a reception(party), passage, termination(discontinuance) of a service in them and about a number of other questions connected to a service in them. In the literature concerning definition(determination) as a whole concept of a state service is not present unity of opinions. The different variants of this concept are offered. For example, A.I.Eaca?aa believes: « A State service — It first of all service to the state, i.e. fulfilment under his(its) assignment(order) and for the payment from him(it) of activity on realization of problems and functions of the state in state bodies, « power(force) » structures, in state welfare establishments, at the state enterprises (in their administration) » (3). This definition(determination) causes some questions. Unless the so-called powers(force) structures — Are not state bodies, not bodies of the executive authority? What circle of the workers who are included in administration of the enterprises? The answers to these questions have the certain significance for understanding of character and contents of a state customs service. That the service in customs houses (being state bodies) and in the majority of establishments, enterprises and organizations, subordinated AOE (and being on the character also state), represents a version of a state service, does not cause doubts. The state customs service is a service in bodies, establishments and organizations directly carrying out customs businesses or promoting the decision of customs problems.

2.2. Main principles of a state service in customs houses
The state service in customs houses and establishments is constructed according to democratic principles fixed in the Constitution ?Oc. In particular(personally), in ae. 9 items 37 the principle is proclaimed: « Each has the right on labour, on free choice ?aaiou. ». Is more developed principles of a state service are formulated in other legal sertificates(acts). In the scientific and educational legal literature to a question on principles of a state service the considerable attention is given. In opinion, for example, A.I.Aao?aoa, to number of main principles of a state service concern aaiie?aoeci, professionalism, nioeaeuii-legal protection of the employees (4).
Named it is possible to consider(count) and main principles of a state customs service, by adding to this list also principle of the responsibility and accountability of the employees. The principle aaiie?aoecia, being the constitutional principle, is displayed, in particular(personally), in niaiyaiinoe of the customs employee. Niaiyaiinou of the staff in customs houses and establishments is provided during their natural updating, in particular(personally), connected with a leaving(maintenance,le) of the workers till achievement of the appropriate age on pension, and also on a condition of health, with purpose(assignment) for other post, in case of transition in other departments, and also in case of clearing of a post and downturn in it(her). The legal procedures and warranties niaiyaiinoe of the workers of customs houses and establishments are stipulated in the normative sertificates(acts) AOE ?Oc, including in the normative sertificates(acts) on a reception(party) and termination(discontinuance) of a service in customs houses issued AOE of a Republic of Uzbekistan.





The responsibility and accountability of the persons who are taking place on a service in customs houses and establishments, is the important principle of a customs service (5). The realization has it(him) the features stipulated by specifity of the status of customs houses and their officials, described, in particular(personally), precisely expressed vertical subordination of parts of system of these bodies and absence legally of fixed subordination on a horizontal — Public authorities on places of a Republic of Uzbekistan (6), local government and local administration.
As to the responsibility of a considered category of the employees, to them directly concern iauaaaiie?aoe?aneea of a request and installation(aim). The legislation, including Customs Code, establishes(installed) various kinds of the responsibility (aenoeieeia?iay, administrative, criminal, material) officials of customs houses.
The principle of professionalism, competence is the leading beginning for want of organizations and functioning of a state customs service. It not only iauaaaiie?aoe?aneia the condition of formation and activity of the case of the customs employee, but also is precise legally fixed request, without which fulfilment the reception of the right on management of operations and actions in customs sphere is impossible.
Lets stay in the beginning on the understanding and contents of a principle of professionalism with reference to a customs service and to the customs employees. Taking into account complex(difficult), multidimensional character of customs business, it is important to emphasize compulsion both general(common), and special preparation of the employees necessary for realization of customs business. First of all it concerns the employees actually of customs houses, and also establishments, is closest them contiguous (for example, customs laboratories, regional and other services), without which help the activity of customs houses cannot be effective.
The employees of customs houses should have knowledge and practical skills in the field of foreign trade activities to know details and subtleties of technology of customs business. They should also be guided in the appropriate legal material. The speech goes first of all about aaieieno?aoeaii-legal and administrative - remedial aspects of regulation and realization of customs business; about oaieiaii-legal and oaieiaii-remedial norms (smuggling and other crimes in sphere of customs business, aiciaiea and operative - ?icuneiay activity), and also about some rules(situations) of other legal branches — Financial, labour, tax, bank right; the currency legislation; the ia?aoia?iaii-legal agreements, agreements and norms in the field of cooperation of the states in sphere of customs business.
By word, the requests presented to the customs employee, are rather high, that is explained by necessity to supply(ensure) genuine professionalism and competence of the given category of the civil servants.
For example Customs Code of Russian Federation consecrates a principle of professionalism as follows. So, among requests presented to the officials of customs houses, the ability of these persons on the business and moral qualities, educational level is stipulated " to execute the problems, assigned to customs houses, " (7). With the purposes of improvement of work on preparation and retraining of the staff for customs houses, increase of their professional level, and as for training the experts on customs registration the decree of a Study of the Ministers ? 374 from 30.07.1997 formed(educated) Educational Centre of State Customs committee. As on the basis of Academy IAA and Institute NIA the rates on preparation and retraining of the officials of customs houses which are carrying out operatively - ?icuneio? activity (8) were organized.
Thus maintenance of professionalism, competence for want of realization of customs activity should be precisely stipulated by the law. And the maintenance of professionalism should be continuous, in case of essential change of legal regulation of customs business neo?a?ee owes when due hereunder (for example, one month agrees OE of Russian Federation) to confirm conformity of the knowledge to new requests to such experts. The requests of professionalism and competence of the serving production, devoted questions, and disposal of legal proceeding about infringements of the customs rules, management OI AYA and other questions as remain open and the considerations require(demand).
The principle of social security of the customs employee in this or that measure is reflected and is fixed in the law on a State Customs Service and in the Decree of a Study of the Ministers ? 374 from 30.07.1997a., in other normative sertificates(acts) AOE. With change of character of customs business, expansion of his(its) scales the attitude(relation) to it(him) hardly was changed. By a first step to this was the transformation of Main Customs Office to State Customs Committee, and his(its) allocation from structure of State Tax Committee. Now she(it) especially requires constant material, financial and social support on the part of the state. Without it the customs houses will was simply be not capable decide problems, worth before them, which quantity(amount) is increased, and the character becomes complicated.





As customs houses and establishments — It first of all officials, working in them, and other categories of the state customs employee, so far as their social security, care of payment of their labour and financially - household maintenance in a decisive degree define(determine) efficiency of functioning of customs system as a whole and each link separately.
The questions of supply of materials of the officials of customs houses are consecrated in the Law " About a state customs service " (9). In particular(personally), the law guarantees wages consisting of the official salary, extra charges for special ranks, long service of years and other afterpays.
Transferred(listed) and other rules of law, in which the principle of social protection of the customs employee and, in particular(personally), officials of customs houses is embodied, should will be added, ?acaeaaony and eiie?aoece?iaaony in the decrees of the President and decrees of a Study of the Ministers, in the normative sertificates(acts) AOE. Taking into account significance of the given rules(situations), as I already emphasized it is above necessary to add the existing Customs code by additional section, where the questions of the rights, responsibilities, social protection and supply of materials of the officials of customs houses will be precisely settled.
For work over the Republic of Uzbekistan, established(installed) by the legislation, of duration of working hours, and also for work in night time, target and holidays indemnification is grantiven to the officials of customs houses according to the legislation of a Republic of Uzbekistan on labour. The speech goes, in particular(personally), about an item of 115 Labour codes about normal duration of working hours; about an item of 158 Labour codes about payment of work in night time; about an item of 157 Labour codes about payment of work in target and holidays (10).
OE the payment of the allowances is stipulated in case of destruction of the official of customs house, reception by him(it) of corporal damages and reimbursement of a material loss. In case of destruction of the official of customs house in connection with performance(fulfillment) of the official duties the lumpsum allowance at a rate of the ten-multiple annual money contents lost on last taken to them in customs houses of a post is paid to family lost and his(its) dependents. At a rate of monthly average earnings lost on the last post, taken to them, in addition is paid to the minor dependents lost the monthly allowance before majority or occurrence of an independent source of the income, pupil of day time branches of maximum or average special educational establishments — Before termination(ending) study. To other dependents the pension in a case of loss of the supporter at a rate of monthly average earnings lost is nominated.
For want of reception the official of customs house in connection with performance(fulfillment) of the official duties of corporal damages excluding for him(it) an opportunity hereinafter to attend by professional activity, to the indicated person pays the lumpsum allowance at a rate of the five-multiple annual money contents on last taken by him(it) in customs houses of a post, and also within ten years — Difference between a size of his(its) monthly average earnings on the last taken post and size of pension.
For want of drawing the lumpsum allowance at a rate of five monthly average earnings is paid to the official of customs house of other corporal damages to it(him).
The damage caused to property of the official of customs house or his(its) close relative in connection with performance(fulfillment) by this official of the official duties, is reimbursed in complete volume. The payment of the allowances and reimbursement of damage caused to property, is made from means of the federal budget with the subsequent collection of these sums from the guilty persons.
The decision on payment of the allowances is accepted by the chief of customs house on a place of work of the court, which has lossed on the basis of the sentence, either decree neaanoaaiiuo of bodies or public prosecutor about the termination(discontinuance) of criminal case or stay of a preliminary consequence.
Reimbursement of damage caused to property, is made under the decision (sentence) of court.
The annual money contents of the official of customs house used for calculation of sizes of the lumpsum allowances, includes all kinds of money payments, which the indicated person should receive per a year of destruction or causing a?aaa to his(its) health.
The monthly average earnings is defined(determined) in the order established(installed) by the legislation ?Oc for reimbursement by the employers a?aaa, caused by the workers by a mutilation, occupational disease or other damage of health connected to performance(fulfillment) by them of the labour responsibilities.
The payment of the allowances and sums of reimbursement of property damage is made by customs house, in which worked lossed up to the moment of destruction, reception of corporal damage or causing of damage of property, and in case this body is reorganized or is liquidated, — His(its) assignee or higher body.





· The sums of the allowances and reimbursement of property damage by the taxes are not taxed.
The legislation provides obligatory state personal insurance of the officials of customs houses.
These persons are subject to obligatory state personal insurance at the expense of means of a public finance. The insured sum is paid:
1) In case of destruction (death) of the insured official during a service in customs houses or before the expiration of one year after dismissal from them owing to a wound (contusion), other corporal damages, disease received for want of performance(fulfillment) of the official duties, his(its) successors (after sight of the certificate on the right to the inheritance) — At a rate of 12,5-e?aoiiai of the annual money contents;
2) For want of establishments insured physical inabilities in connection with performance(fulfillment) of the official duties during a service before the expiration of one year after dismissal from customs houses:
To the invalid of 1 group — At a rate of 7,5-e?aoiiai of the annual money contents;
To the invalid II groups — At a rate of the 5-multiple annual money contents;
To the invalid III groups — At a rate of 2,5-e?aoiiai of the annual money contents;
3) In case of reception insured in connection with performance(fulfillment) of the official duties of heavy corporal damage — At a rate of the annual money contents, and in case of reception of less heavy corporal damage — At a rate of the semi-annual money contents.
The insured sum on the given kind of insurance is paid irrespective of payments on other kinds of insurance and payments by way of reimbursement a?aaa.
The annual money contents of the official of customs house ?Oc is defined(determined) on the last post, taken by this person, in customs house and includes all kinds of money payments, which the indicated person should receive per a year of approach of insured accident.
Other conditions and procedure of obligatory state personal insurance of the officials of customs houses ?Oc are defined(determined) by the agreement between AOE and state insurance organization.
The taxation of the incomes received by the officials of customs houses ?Oc in connection with performance(fulfillment) of the official duties, is carried out with reference to conditions and order established(installed) by the legislation ?Oc for military men.
Leave of the official of customs house. The annual paid leave by duration 30 calendar days disregarding of time of following to a place of rest and back with payment of travel expenses is grantiven to the official of customs house.
The annual paid leave by duration 45 calendar days is grantiven to the official of customs house working in districts with heavy and adverse climatic conditions.
The additional annual paid leave of the following duration is grantiven to the official of customs house:
The ambassador 10 years of a service .a these bodies — 5 calendar days; the ambassador 15 years of a service — 10 calendar days; the ambassador 20 years of a service — 15 calendar days. Maintenance of the officials of customs houses by the residential area, telephone and granting to their children of places in childrens preschool establishments. To the persons who are appointed to the post in customs houses, the residential area as a separate apartment or house on the norms, established(installed) by the legislation, is grantiven by bodies of a local government in the prime order and not later than one year from the moment of purpose(assignment) for a post.
The customs houses can have service residential fund formed in the order, determined by a Study of the Ministers of a Republic of Uzbekistan.
For want of discount is grantiven to payment of the residential area, municipal services, and also fuel to the officials of customs houses.
The bodies of a local government sell on favourable terms housing accomodation to the officials of customs houses in the property with payment of 50 percents(interests) of his(its) cost.
Behind the officials who have served in customs houses not less of 20 years, after dismissal on pension the right on preferential purchase of housing accomodation and payment of residential premises(rooms) on favourable terms is saved.
In case of destruction of the official of customs house in connection with performance(fulfillment) of the official duties behind family lost the right on reception of the residential area on the same conditions and basis is saved which took place on the moment of destruction of this person; the residential area in this case is grantiven not later than one year from the date of destruction of the official of customs house.
The places in childrens preschool establishments to children of the officials of customs houses are grantiven by bodies of a local government during three months from the date of submission of the application.
?aaeaiaioe?iaaiu of the right of the officials of customs houses for want of travel and presence(finding) in service business trips. The officials of customs houses have the right after sight of the business card free of charge to use on the whole territory ?Oc all kinds of the public transport of the urban, suburban and local message (except a taxi), and in village district — Any way transport. To the officials of customs houses ?Oc, using in the service purposes the personal transport, is paid money indemnification in the established(installed) sizes.





The official directed to service business trip, uses the right on purchase outside of turn of the travel documents on all types of transport and accommodation outside of turn in hotel under the service travelling sertificate.
Pension maintenance of the officials of customs houses and their families. The pension maintenance is carried out AOE with reference to conditions, norms and order established(installed) by the legislation ?Oc for the persons, taking place a military service, service in bodies of internal businesses, and their families.
· Behind the officials of customs houses after an output(exit) on pension the right of health services in medical establishments is saved, in which they consist on the account(record-keeping).
·
2.3. Legal status of the officials of customs houses in a Republic of Uzbekistan
Before to define(determine) concept « the civil servant of customs house, establishment and organization », it is necessary even briefly to open the contents of the terms «employee» and «post».
The post — Is an element of any administrative structure, including customs houses and establishments. Lets result definition(determination) of this concept given A.I.Iaiioeiui: « the ainoaa?noaaiii-service post — Is a part of organizational structure of a state body (organization), detached and fixed in the official documents (staffs(states), circuits of the official salaries etc.), with the appropriate part
The competence aini?aaia (organization) given the person — To the civil servant with the purposes of its(her) practical realization » (11). The truth, clarification is required,: the posts exist not only in state bodies and organizations, but also in public and cooperative associations, private(individual) and commercial enterprises, firms and o. A. However with reference to a considered here theme the speech, certainly, can go only about state posts. The interesting definition(determination) of a post belongs A.I.Aao?aoo: « the Post is the legal description of a social item of the person engaging(borrowing) her(it). The particular(specific) persons realizing official authorities, can vary, and their role — Is not present » (12).
The term «employee» also requires(demands) some explanatories. In the widest sense of a word the employee — This person, citizen engaging(borrowing) for the payment a certain post in state organization or public association, commercial or private enterprise and oa the State customs employee — Is a kind, first, employee in a broad sense and, secondly, civil servant have some features. Taking into account, that the customs houses are referred to number law-enforcement, it is necessary to emphasize, that the rules of a reception(party) and passage in them of a service are close to what are applied in bodies of internal businesses.
Much in common from this point of view;!from the point of view of finds out in establishments both organizations of customs sphere and service in civil aircraft, on railway, marine and river transport. This generality in many respects is defined(determined) by specifity named and number of other branches, features of their character, organization of a management(manual) and management by them.
The state customs employee — Person engaging(borrowing) for compensation a post in customs houses, establishments and organizations participating in realization of customs businesses and having a definite volume (circle) of the rights and the responsibilities.
Lets consider more in detail question on classification of the customs employee. In the literature the various criteria of such classification and, accordingly, various its(her) variants are produced. Enough widespread(distributed) are the classifications serving depending on kinds of state activity; from character of labour (i.e. on a seniority of posts); from legal properties of posts (i.e. on character of service authorities). On this basis the following classification of the state customs employee can be offered.
On character of labour (seniority of posts) the customs employees can be iia?acaaeaiu on the chiefs, experts and technical executors. The vice-presidents, members of board AOE concern the chairman, to the chiefs; the chiefs of regional customs offices and customs houses, customs posts; the chiefs of managements, departments, other structural divisions of customs houses, their deputies; the directors (chiefs) of the customs enterprises and organizations, educational establishments and research establishments. The chiefs of customs houses and establishments play a large role in definition(determination) perspective and present-day problems of a headed body, enterprise, establishment, organization, structural division; in a direction and coordination of their activity, selection and arrangement of the staff, acceptance of the decisions and control behind their fulfilment.
The chiefs of customs houses and their deputies can have staff(state) of the employees assisting with him(it) to execute the functions according to distribution of the responsibilities. Depending on a level and place of the appropriate body in system of customs houses such staff(state) can consist of two and more employees. Conditionally it is possible to name it(him) as the device for want of management(manual). For example, the chairman AOE has the device, into which his(its) advisers, reviewers and other categories of the employees enter.





The employees of customs houses and establishments, enterprises and organizations have maximum or average special formation(training) concern to number of the experts which perform the job, requiring(demanding) special knowledge and work skills, but are not the chiefs. The experts are of the inspector, the economists and legal advisers, reviewers, accountants of various categories, oiaa?iaaau, engineers, programmers, experts.
The technical executors — Persons who are carrying out auxiliary activity: the secretaries, typist, clerks, cashiers and other employees engaged in preparation and registration of the documents, economic service, i?aaiecaoeiiii-technical party of the account(record-keeping) and control, management of clerical work.
Legal properties of posts, i.e. character and volume of authorities, being available at them, — One of the most important and widespread criteria of classification of the employees. The customs employees according to this criterion can be iia?acaaeaiu on the officials and other employee.
Lets characterize the legal status of the officials of customs houses with allowance for that, that the article " the Officials of customs houses " of the Law on a state Customs service (13) is devoted to this.
In the beginning about the concept «official». In the legal literature there are various variants of his(its) definition(determination). Main, that is necessary to allocate for want of to characteristic of the official, — The right of this category serving (and not only state) to make legally cia?eiua of action.
In this sense successful it is possible to recognize the following definition(determination): « as the Officials the employees have the right to make service legal actions » (14) refer to as. Such legal actions attract the certain legal consequences, and the serious difference of the officials from other categories of the employees is, that first can act on behalf of organization inside it(her) or aiaia; first have imperous (circumspect) authorities, and second - is not present.
In opinion A.I. Eaca?aaa, the officials are those civil servants, which have circumspect authorities: have subordinated by him(it) on a service of the employees, have the right to issue the sertificates(acts) of managements determining behaviour of other people, or the sertificates(acts) of the administrative order by material and money resources, or carry out the control (15).
Version of the officials are the representatives(representative) of an authority. In the legislation there is no precise definition(determination) of this term. In the literature as a main attribute of the representatives(representative) of an authority the following rule(situation) is allocated: these civil servants have the right to present ainoaa?noaaiii-imperous requests (to give the instructions, the instructions(indication)) on behalf of the state and to apply measures of effect to bodies and persons who are not taking place in their submission . A.I.Eaca?aa also marks: «... The representatives(representative) of an authority iaea?aiu by ainoaa?noaaiii-imperous authorities in relation to the persons who are not taking place at them in service submission » (16).
Lets on the basis of the stated above general(above common) reasons concerning character and features of the officials as shall proceed(pass) versions of the civil servants to the characteristic of specifity of a legal rule(situation) of the officials of customs houses, which remains open. First of all it is necessary to emphasize, that a serious print on organization and the passage of a service in customs houses and on the status of their officials imposes law-enforcement character of these bodies.
Lets consider the most characteristic features and features of the legal status of their officials. It is necessary to define(determine) the general conditions and requests presented to the officials of customs houses, in a new rule(situation) about passage of a service in customs houses. According to the customs legislation almost of all countries of the world the officials of the indicated bodies can be only citizens of country (i.e. them there cannot be foreign citizens and persons without citizenship), capable on the business and moral qualities and educational level to execute the problems, assigned to customs houses. The citizens who are not appropriate to these requests, should not be accepted in customs houses and to pass in them a service.
The business qualities assume professionalism and competence of sphere first of all of customs business, detailed knowledge by the person of features of his(its) plots(sites), on which directly it is necessary to work to the official of customs house, and adjacent plots(sites), and also organizational abilities and skills necessary for fulfilment of the responsibilities and the rights of the official. To business qualities it is necessary to attribute(relate) also availability of practical experience of work, ability of the person to his(its) generalization and use. Especially business qualities again of accepted workers closely(attentively) should be studied. To number of business qualities concern as eniieieoaeuiinou and skill to communicate, the skill is precise and is rational to organize own work and activity of the subordinated employees, ability to unite them for the decision of problems, worth before them.





Ignoring of these requests or inattentive attitude(relation) to them, taking into account complexity and specifity of customs activity, are involved in an assumption of misses and mistakes during this activity, drawing of damage to authority of customs houses and state interests.
The moral qualities necessary for the officials fulfilment of the responsibilities, assigned to them, — Are honesty, conscientiousness, close(attentive), precise and duly ?aaae?iaaiea on the circulations and complaints of the citizens, and also legal persons, their proper consideration and decision; mutual aid during realization of customs activity; a fidelity to the service debt both responsibilities of the employee of customs houses and establishments. Certainly, it only provisional list of requests presented to the officials of customs houses.
The educational level is a necessary condition of acceptance on work of the citizen as the official of customs house and subsequent successful fulfilment by him(it) of the official duties. The request of availability of general(common) and special customs formation(training) follows from character of problems and functions executed by the officials of customs houses. In connection with complication of such problems in sphere of customs business the role of economic and legal preparation of a prevailling part of the officials is increased. The experience shows, that without it they simply cannot effectively execute the functions. The availability of special formation(training) is necessary for all categories of the officials of customs houses — From the chiefs AOE and his(its) main leading divisions (managements and departments) up to the chiefs of regional customs offices, customs houses, their structural divisions and customs posts. It is necessary especially to emphasize importance of regular updating of knowledge and increase of an educational level for such category of the customs employee, as the experts — Economists, legal advisers, oiaa?iaaau, accountants, engineers, experts, experts in customs registration.
With the purposes of improvement of professional skill and organization of retraining of the customs staff in customs system it is necessary to create constantly acting at different levels on republican and on local regional, system of training and retraining of the staff. On preparation and retraining of the officials of customs houses already enter Educational Centre of State Customs committee, into it(her) rates, the seminars are carried out(conducted). However in this area of development of customs business the large organizational and methodical work is necessary which is called essentially to help to business of formation(training) and retraining of the customs workers. In Uzbekistan it is necessary to create even two - three maximum educational establishments, which would attend to preparation of the qualified customs staff with maximum formation(training), and also the ramified network of average special customs schools, schools, colleges, which would be prepared by(with) the staff for direct work in customs houses and customs posts.
It is necessary as it is necessary to introduce to rule(situation) item on ability of the person on a condition of health to execute the problems, assigned to these bodies. This condition concerns to all categories of the officials. But especially his(its) observance by that from them is important, who directly carries out customs business, is at operative work connected to moving of the goods and means of transport, customs registration and customs control, realization aiciaiey and operative - ?icuneiie of activity, production on businesses about infringements of the customs rules. Just in a line of business connected to customs offences (criminal, administrative etc.), the factor of strong health of the officials, which participate in struggle with them, especially is important. Strong health — Necessary condition of availability of physical force and skills to apply her(it), and also opportunities to apply special means and fire-arms. It is necessary in detail to regulate conditions and limits of application of physical force special means and fire-arms.
The law on a State customs service provides the warranties of proper performance(fulfillment) by the officials of customs houses of the official duties. Is established(installed), that the officials of the indicated bodies for want of performance(fulfillment) of the official duties are the representatives(representative) of a state authority, and their requests are obligatory for performance(fulfillment) by all legal and natural persons (17). Thus, the officials are allocated among other categories of the customs employee. Their legal status differs by the certain specifity: as the representatives(representative) of an authority for want of performance(fulfillment) of the official duties of the officials of customs houses within the framework of the competence have the right to present ainoaa?noaaiii-imperous requests, to give





The instructions, instruction(indication) on behalf of the state and to apply measures of effect to bodies, organizations and persons who are not taking place in their submission. With reference to customs business and customs service of a category «official» and « the representatives(representative) of an authority » coincide, for example, the chief of a customs is not only official, but also representative(representative) of an authority.
The essential moment for the characteristic of the status of the officials is that they are under protection of the state the given essentially important rule of law is necessary for introducing as addition of article 8 of the Law " About a State customs service ".
According to the law of the officials of customs houses for want of performance(fulfillment) of the responsibilities, assigned to them, are guided by only legislation and other legal sertificates(acts) of a Republic of Uzbekistan and international agreements (18). This one of displays of a principle of legitimacy with reference to the legal status of the indicated officials.
The officials of customs houses are subject only direct and direct chiefs. It means, that the official is subject, first, direct chief and, secondly, higher direct chief. The illegal effect or interference in what that was to the form in activity of customs houses of a Republic of Uzbekistan and their officials with the purpose to affect on accepted by customs house or his(its) official the decision or realization by this official of action is not admitted and attracts the responsibility established(installed) by the legislation. Nobody has the rights to force the official of customs house to execute the responsibilities which have been not assigned to customs houses by the legislation. For want of reception of the order or instruction(indication) obviously contradicting to the legislation of a Republic of Uzbekistan, the official of customs house is obliged to be guided by rules(situations) of the legislation.
The first of the indicated rules(situations) especially is urgent. Not a secret, that there are attempts on the part of bodies of the executive authority to interfere with activity of customs houses or to influence by different ways and methods acceptance of the decisions by their officials. These attempts are illegal: the customs houses are characterized by strictly vertical subordination; they are not subordinated to any bodies of the executive authority.
Infortunately, facts of illegal effect sometimes take place on the part of higher customs houses and their officials on acceptance of the decisions ie?anoiyueie by bodies. It damages to authority first and seriously complicates activity second.
Lets mention one more instruction, which is necessary for fixing in the law. The speech goes that creation and activity of political consignments and other public associations pursuing the political purposes, are not admitted in customs houses. The officials of these bodies in the service activity are not connected by the decisions of political consignments and other public associations pursuing the political purposes.
The legislation establishes(installed) the certain restrictions concerning employment(occupation) of the officials of customs houses by some other kinds of activity. These persons have not the right to attend to enterprise activity, including through the intermediaries; to be the attorneys at the third persons on customs questions; to execute any paid work on conditions niaianoeoaeunoaa, except scientific, teaching and creative; to execute the works, connected to customs business, on the agreements of civil-law character; to render with use of the service rule(situation) what that there was not stipulated the legislation of a Republic of Uzbekistan an assistance to the persons and to receive for this compensation, service and privilege; independently or through the representative(representative) to participate in management of the managing subjects; to organize strikes and to participate in their realization.
The opportunity of application by them of physical force special of means and fire-arms concerns to number of the warranties of proper performance(fulfillment) by the officials of customs houses of the official duties. In a new rule(situation) it is necessary to provide cases and order, which for want of officials of customs houses have the right to apply physical force special of a means and fire-arms.
If to consider the Customs Code of Russian Federation that,
In it(him) is stated, that the officials of customs houses do not bear the responsibility for moral, natural and property a?aa, caused to the offender by application in stipulated OE cases of physical force special of means and fire-arms, if caused a?aa is proportionate force of rendered counteraction. In the indicated articles the conditions and rules of application by the officials of physical force special means and fire-arms are regulated.
For want of their application the official is obliged: to warn about intention of application, by granting for want of it the time for fulfilment of the requests suffices, unless the delay in application of physical force special means and fire-arms creates direct danger of his(its) life and health, can entail other heavy consequences, and also for want of sudden or armed attack, attack with use of battle(dashing) engineering and means of transport or for want of other circumstances, when such prevention(warning) in created conditions is inappropriate or impossible; to supply(ensure) to the persons who have received corporal damages, granting aia?a?aaiie of the help and immediately to notify about i?ien-oaaoai of the chief of customs house ?Oc or person, his(its) replacing; To aspire depending on character both degree of danger of an offence and persons, his(its) made, and also force of rendered counteraction by, that any damage caused for want of removal(elimination) to danger, was minimum.





The chief of customs house or person, his(its) replacing, are obliged immediately to notify the public prosecutor on all cases of death or causing of heavy corporal damages.
The officials of customs houses are obliged to pass special preparation, and also periodic check on suitability to actions in conditions connected to application of physical force, special means and fire-arms. The officials of customs houses have the right to apply physical force to suppression of offences, detention of the persons, their made, overcoming of resistance, suppression of disobedience to the legal orders and requests, aini?aiyonoaiaaiey to access in premises(rooms), on territory, to the goods and means of transport which are taking place under the customs control, other actions interfering fulfilment of the responsibilities, assigned on these officials,, if the unviolent methods do not provide fulfilment of these responsibilities.
The officials of customs houses have the right to apply ia?o?ieee, rubber iaeee, watering substances, system(device) to opening premises(rooms), means for a compulsory stop of the transport, other special means in the following cases:
1) For reflection of an attack on the workers of customs houses or other persons;
2) For reflection of an attack on buildings, structure, structure and means of transport belonging to customs houses or used by them, on the goods and means of transport which are taking place under the customs control, and is equal for clearing the named objects in a case from grab;
3) For detention of the offenders, them ainoaaeaiey in office accomodation of customs house, if these persons render disobedience, resistance, other counteraction or can cause a?aa environmental or;
For suppression of customs house, rendered to the official, of physical resistance;
5) For a stop of the means of transport, which driver has defaulted a request of the official of customs house to stay;
6) In other cases deliberate aini?aiyonoaiaaiey to realization assigned on the official of customs house of the responsibilities.
It is forbidden to apply special means concerning the women with seen attributes of pregnancy, persons with obvious attributes of physical inability and iaeieaoieo, except cases of rendering by them of the armed resistance, fulfilment of group or other attack menancing of life and health of the people, safety of the goods and means of transport which are taking place under the customs control.
In a condition of a necessary defense or emergency the official of customs house for want of special means has the right to apply fire-arms or to use any improvised means.
The complete list of special means used in customs houses, is defined(determined) by a Study of the Ministers.
For want of performance(fulfillment) of the official duties the separate categories of the officials of customs houses determined AOE, are allocated with the right iioaiey, storage of fire-arms and use by him(it) (20).

The list of kinds of fire-arms and ammunition to it(him), used in customs houses, is defined(determined) by a Study of the Ministers.
The separate categories of the officials of customs houses have the right to apply the fire weapon as an extreme measure in the following cases:
1) For reflection of an attack on the workers of customs houses, when their life or health the dangers are exposed;
2) For suppression of attempt caaeaaaiey by fire-arms of the officials of customs houses. Attempt of the person detained by the official of customs house to come nearer to fire-arms by reduction of distance, indicated by this official, or to touch such weapon is considered as attempt caaeaaaiey by this weapon;
3) For reflection of the group or armed attack on buildings, structure, structure and means of transport belonging to customs houses or used by them, on the goods and means of transport which are taking place under the customs control;
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