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THE PLAN
The project
Introduction
1. Ñòàíîâëåíèå and development of customs business in a Republic of Uzbekistan
1.1. Brief review of a history ñòàíîâëåíèÿ and development of customs business in a Republic of Uzbekistan (in period up to 1991ã.)
1.2. Feature of development of customs business in conditions ñòàíîâëåíèÿ of state independence
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
2.2. Main principles of a state service in customs houses
2.3. Legal status of the officials of customs houses in a Republic of Uzbekistan
2.4. Certification of the officials of customs houses
3. International experience of legal regulation of a customs service and opportunities of his(its) application in national practice of a Republic of Uzbekistan
3.1. Republic of Uzbekistan both ìåæäóíàðîäíî-legal cooperation and regulation in the field of customs business within the framework of a CIS
3.2. Sharing(participation) of a Republic of Uzbekistan in international òîðãîâî-customs organizations and agreements acting in countries of distant foreign countries: experience and prospects
The conclusion
The references to sources
The list of the used literature
Introduction
Deep, radical on the essence the political and socio economic transformations realized in Uzbekistan, have caused serious change of a role both significance of many spheres of activity and spheres of management, components the base of life of company. Among such areas, which significance especially for the last years constantly grows, it is necessary to name customs business and customs tariff policy being, component of internal and external policy(politics) of a Republic of Uzbekistan. This rule(situation) has basic character and requires(demands) therefore additional explanatories. The interrelation of customs business both customs tariff policies with internal and external policy(politics) of the state is as a whole obvious. However in epoch of radical reforming of the economic attitudes(relations), social infrastructure both major ëèòèêî-state institutes and structures this interrelation has acquired the special significance. As the uniform customs tariff policy is a part of internal policy(politics), and the core, core last is made economy, by(with) the economic attitudes(relations) as a whole, so far as customs business and customs tariff policy become the important active factors of formation new economic óêëàäà, tools of creation of the progressive forms of economic life adequate to the market attitudes(relations) and a radical image distinguished from undynamical, çàêîñòåíåëûõ of the forms appropriate to character of a rigidly centralized planned economy.
Thus, customs business and customs tariff policy in new conditions not only represent itself as the tool and conductor of foreign trade activities, but also acquire qualitatively other, more important significance, becoming regulators and means of formation of the new economic attitudes(relations) and communications(connections).
Objectively increased role of customs business and customs tariff policies in âíóòðèýêîíîìè÷åñêèõ processes and expansion of a range of their influence on a background äåìîêðàòèçàöèè and the liberalizations of foreign trade activities have caused, in turn, necessity of the new approach to legal regulation of all complex(difficult) and non-uniform complex of the attitudes(relations) connected to realization of customs tariff policy. The creation of a new legal basis of regulation of customs business leans(bases), certainly, on the historical development, saved in the previous periods, experience of the customs legislation. However with the beginning of reforming in Uzbekistan of the economic and political attitudes(relations), transition to market economy arises and gradually new democratic concept of customs business will be realized(sold). Gradually begins to be formed new vision of customs business which is taking into account the progressive phenomena and the tendency in development of the economic attitudes(relations) in country and world(global) civilized òàìîæåííî-legal experience, and creation of the customs legislation, appropriate to it,(him. For want of it the out-of-date approach adapted to needs(requirements) of an administrative - command control system by economy is rejected.
Taking into account the important role of customs business and legislations on it(him) in socio economic life of country, today it is possible to ascertain increasing interest to òàìîæåííî-legal questions on the part of the workers of customs houses, economic chiefs, businessmen, businessmen, and also teachers, post-graduate students both students of economic and legal educational establishments, aspiration ïîñòèãíóòü of a basis, and then «subtlety» both detail of customs business and customs legislation. Recently there was a whole series of the basic legal sertificates(acts) on customs business — Customs code (26.12.1997) and Law " About a state customs service " (29.08.1997), Law " About the customs Tariff " (____), other laws regulating the customs attitudes(relations), and also numerous current sertificates(acts) of the President, Study of the Ministers, ÃÒÊ, ÌÂÝÑ ÐÓç and other state bodies have the important significance for regulation of the attitudes(relations) in customs sphere. Some experience of a scientific understanding of customs processes in different periods of their historical development is already saved. All this objectively has caused statement of a question about allocation in system of the right of rather independent complex branch — Customs right. In this connection in offered research work the attempt is undertaken to formulate understanding and urgency of significance of a state service in customs houses as parts of the customs right and by that to put a beginning to comprehensive discussion of this problem, as the rule(situation) about passage of a service in customs houses is at the stage of consideration.
1. Ñòàíîâëåíèå and development of customs business in a Republic of Uzbekistan
( in period up to 1991ã.)
1.1 Brief review of a history ñòàíîâëåíèÿ 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 äîðåâîëþöèîííûé period, and also in Union ÑÑÐ. 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 òàìîæåííî-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 òàìîæåííî-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 äîðåâîëþöèîííûé period, the speech can go mainly about organization òàìîæåííî-ïîøëèííîãî of taxation. It was known from times of board Òèìóðà. 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 ñòàíîâëåíèå and development of structures and institutes, which have made then nucleus of a customs service. The gain ìîíãîëî-òàòàðàìè has resulted in rooting in Russian of a word "òàìãà", îçíî÷àâøåãî at òþðêñêèõ of the peoples a mark, brand, which was grantiven on property a belonging sort. The verb "òàìæèòü", i.e was formed(educated) from a word "òàìãà". To tax the goods with the duty, and place where the goods "òàìæèëè" has become to refer to as as "customs". The main process ñòàíîâëåíèÿ and development of customs business is necessary on period 1917 on 1991ãîäû. 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 Òóðêåñòàíà. The realization ëåíèíñêîé of idea of state monopoly of foreign trade on ñóùåñâó has blocked wide application of òàìîæåííî-tariff regulation and has made system of the customs control purely(cleanly) by auxiliary tool of regulation of foreign trade. On a boundary 20-30õ of years in USSR has prevailed êîìàíäíî - 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 ôèñêàëüíûõ of establishments. However structure of the customs houses usual äå-ôàêòî in second half 30õ of years and which have received legal fastening in the Customs code 1964ã., with very insignificant changes up to middle 80õ 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, ñåâåðî-Caucasian, Òóðêìåíñêîå, Uzbek, Alma-Ati etc. In the chapter of each áustoms 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 ïîäñòàâíûõ 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 òàìîæåíííûõ auctions. Accepted in 1928ã. 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 5.05.1964ã. (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 áustoms 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 - ìîíîïîëèñòà 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 îðãàíèçàöèîííî detached. Logic completion of this stage - acceptance in 1991ãîäó of the new Customs Code and Law USSR about the customs tariff.
The customs code and Law on the customs tariff accepted in 1991ãîäó, was introduced by(with) essential changes to organization of customs office. The creation of two coordination bodies - òàìîæåííî-tariff advice(council) and Coordination advice(council) on struggle with an international illegal turn-over of narcotic means and ïñèõîòðîïíûõ of substances was provided. The code ëåãàëèçîâàë actually already usual òðåõçâåííóþ 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 èñïîëüçîâàòüâ of a particular for want of to preparation of the basic òàìîæåííî-legal sertificates(acts), first of all about the status of customs houses of different levels, especially for want of definition(determination) them ñòðóêòêðû and competence.
1.2. Feature of development of customs business in a Republic of Uzbekistan conditions ñòàíîâëåíèÿ of state independence
As the beginning of creation of a modern customs service and other òàìîæåííî-legal institutes it is possible to consider(count) the decree of the President of a Republic of Uzbekistan from August 10 1992ãîäà " 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 1994ãîäà of ¹ 114 " 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 1997ã. ¹ ÓÏ-1815 was created central customs house of Uzbekistan - State customs committee. During that of a month the decree of a Study of the Ministers ¹ 374 " About questions of organization of activity of State customs committee of a Republic of Uzbekistan " was accepted. The Rule(situation) about ÃÒÊ 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 ÃÒÊ, 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 äîçîðû on railway stations, airports, river ports. For the account(invoice) âíåáþäæåòíûõ 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 ñðàíû 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 ñóìîâ. 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 (ÂÒÎ), 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. Ýòàïíûì for the further development of customs business in Uzbekistan there was a signing on July 18, 1994 in Àëìàòû 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. Íàèãëàâíåéøàÿ 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 óïðùåíèÿ and at the same time amplification(strengthening) customs êîíðîëÿ 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), ðåäêèå kinds ôëîðû and ôàóíû, products èíòåëåêòóàëüíîé 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 ãîñïðîãðàììû 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 ÐÓç 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. Á.Ì.Ëàçàðåâ 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, Á.Ì.Ëàçàðåâ 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 ÃÒÊ (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 ÐÓç. In particular(personally), in ãë. 9 items 37 the principle is proclaimed: « Each has the right on labour, on free choice ðàáîòû. ». 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, Ä.Í.Áàõðàõà, to number of main principles of a state service concern äåìîêðàòèçì, professionalism, ñîöèàëüíî-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 äåìîêðàòèçìà, being the constitutional principle, is displayed, in particular(personally), in ñìåíÿåìîñòè of the customs employee. Ñìåíÿåìîñòü 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 ñìåíÿåìîñòè of the workers of customs houses and establishments are stipulated in the normative sertificates(acts) ÃÒÊ ÐÓç, including in the normative sertificates(acts) on a reception(party) and termination(discontinuance) of a service in customs houses issued ÃÒÊ 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 îáùåäåìîêðàòè÷åñêèå of a request and installation(aim). The legislation, including Customs Code, establishes(installed) various kinds of the responsibility (äèñöèïëèíàðíàÿ, 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 îáùåäåìîêðàòè÷åñêîå 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.
Let's 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 àäìèíèñòðàòèâíî-legal and administrative - remedial aspects of regulation and realization of customs business; about óãîëîâíî-legal and óãîëîâíî-remedial norms (smuggling and other crimes in sphere of customs business, äîçíàíèå and operative - ðîçûñêíàÿ activity), and also about some rules(situations) of other legal branches — Financial, labour, tax, bank right; the currency legislation; the ìåæäóíàðîäíî-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 ¹ 374 from 30.07.1997 formed(educated) Educational Centre of State Customs committee. As on the basis of Academy ÌÂÄ and Institute ÑÍÁ the rates on preparation and retraining of the officials of customs houses which are carrying out operatively - ðîçûñêíóþ 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 ñëóæàæèé owes when due hereunder (for example, one month agrees ÒÊ 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 ÒÍ ÂÝÄ 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 ¹ 374 from 30.07.1997ã., in other normative sertificates(acts) ÃÒÊ. 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, ðàçâèâàòñÿ and êîíêðåòèçèðîâàòñÿ in the decrees of the President and decrees of a Study of the Ministers, in the normative sertificates(acts) ÃÒÊ. 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).
ÒÊ 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 ñëåäñòâåííûõ 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 âðåäà to his(its) health.
The monthly average earnings is defined(determined) in the order established(installed) by the legislation ÐÓç for reimbursement by the employers âðåäà, 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-êðàòíîãî 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-êðàòíîãî 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-êðàòíîãî 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 âðåäà.
The annual money contents of the official of customs house ÐÓç 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 ÐÓç are defined(determined) by the agreement between ÃÒÊ and state insurance organization.
The taxation of the incomes received by the officials of customs houses ÐÓç in connection with performance(fulfillment) of the official duties, is carried out with reference to conditions and order established(installed) by the legislation ÐÓç 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 .â 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 children's 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 children's 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.
Ðåãëàìåíòèðîâàíû 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 ÐÓç 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 ÐÓç, 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 ÃÒÊ with reference to conditions, norms and order established(installed) by the legislation ÐÓç 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. Let's result definition(determination) of this concept given Â.Ì.Ìàíîõèíûì: « the ãîñóäàðñòâåííî-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 ãîñîðãàíà (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 ò. Ä. 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 Ä.Í.Áàõðàõó: « 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 òä 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.
Let's 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 ïîäðàçäåëåíû on the chiefs, experts and technical executors. The vice-presidents, members of board ÃÒÊ 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 ÃÒÊ 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, òîâàðîâåäû, 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, îðãàíèçàöèîííî-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 ïîäðàçäåëåíû on the officials and other employee.
Let's 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 çíà÷èìûå 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 âîâíå; first have imperous (circumspect) authorities, and second - is not present.
In opinion Á.Ì. Ëàçàðåâà, 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 ãîñóäàðñòâåííî-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 '. Á.Ì.Ëàçàðåâ also marks: «... The representatives(representative) of an authority îáëå÷åíû by ãîñóäàðñòâåííî-imperous authorities in relation to the persons who are not taking place at them in service submission » (16).
Let's 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.
Let's 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 èñïîëíèòåëüíîñòü 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 ðåàãèðîâàíèå 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 ÃÒÊ 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, òîâàðîâåäû, 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 äîçíàíèÿ and operative - ðîçûñêíîé 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 ãîñóäàðñòâåííî-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 íèæåñòîÿùèìè by bodies. It damages to authority first and seriously complicates activity second.
Let's 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 ñîâìåñòèòåëüñòâà, 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 âðåä, caused to the offender by application in stipulated ÒÊ cases of physical force special of means and fire-arms, if caused âðåä 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 äîâðà÷åáíîé of the help and immediately to notify about ïðîèñ-øåäøåì of the chief of customs house ÐÓç 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, âîñïðåïÿòñòâîâàíèÿ 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 íàðó÷íèêè, rubber ïàëêè, 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 äîñòàâëåíèÿ in office accomodation of customs house, if these persons render disobedience, resistance, other counteraction or can cause âðåä 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 âîñïðåïÿòñòâîâàíèÿ 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 ìàëîëåòíèõ, 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 ÃÒÊ, are allocated with the right íîøåíèÿ, 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 çàâëàäåíèÿ 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 çàâëàäåíèÿ 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;
4) For detention of the person rendering armed resistance, and also armed person refusing to execute a legitimate claim about delivery of the weapon.
Besides the fire-arms can be used by the officials of customs houses in the following cases:
1) For a stop of means of transport by their damage, if the driver creates real danger of life and health of the workers of customs houses and is not subject to their numerous requests to stay;
2) For neutralization of animals menancing of life and health of the workers of customs houses;
3) To the prevention(warning) of intention to apply fire-arms, submission of a signal of an alarm or call of the help.
It is forbidden to apply fire-arms concerning the women, persons with obvious attributes of physical inability and minors, except cases of rendering by them of the armed resistance, fulfilment armed, group or other attack menancing of life and health of the workers of customs houses, and also for want of significant congestion of the people, when from it the extraneous persons can suffer.
About each case of application of fire-arms the official of customs house is obliged immediately in writing to report to the chief of customs house or person, his(its) replacing, which inform on it to the public prosecutor within 24 hours from the moment of application of fire-arms.
The rule(situation) provides rules of a reception(party) of the citizens on work in customs houses as the officials of these bodies on a contract basis (21). To the officials of customs houses the special ranks (22) are appropriated(given). These ranks and order of their assignment are established by the President of a Republic of Uzbekistan. The assignment of special ranks serves one of the forms of certification of the officials of customs houses. On the basis of the named Rule(situation) to the officials of customs houses and organizations the following special ranks appropriate to posts are appropriated(given): à) junior íà÷àëüñòâóþùèé structure — Foreman of a customs service; á) average íà÷àëüñòâóþùèé structure — Junior ëåéòåíàíò of a customs service, ëåéòåíàíò of a customs service, grown-up ëåéòåíàíò of a customs service, captain of a customs service;
â) Senior íà÷àëüñòâóþùèé structure — Ìàéîð of a customs service, lieutenant colonel of a customs service, colonel of a customs service; ã) maximum íà÷àëüñòâóþùèé structure — General - ìàéîð of a customs service, general - ëåéòåíàíò of a customs service, general - colonel of a customs service;
The special ranks to the officials of customs houses Ð Óç are appropriated(given) for want of availability of positive certification with allowance for of taken post, formation(training) and experience of work in these bodies. And the ranks, appropriate to a new post, are appropriated(given), as a rule, on a hurdle rate.
The special ranks of customs houses up to the colonel of a customs service are inclusive appropriated(given) by the Chairman ÃÒÊ, special ranks íà÷àëüñòâóþùåãî of structure from the general - ìàéîðà of a customs service up to the general - colonel of a customs service - President of a Republic of Uzbekistan on presentation of the Chairman ÃÒÊ.
The assignment of special ranks to the officials of customs houses ÐÓç is carried out in the consecutive order on expiration of the established(installed) term of a long service according to a taken post and for want of availability of positive certification.
The assignment of special ranks without observance of a sequence is stipulated also. This right is given to the chairman ÃÒÊ, which has the right for the special differences for want of fulfilment of the service debt to appropriate(give) the next special rank before the expiration of the established(installed) term of a long service without observance of sequence, but no more than on two ranks above that, in which it(he) consist up to âûäâèæåíèÿ. To the persons, ïåðåøåäøèì on work in customs houses, and also in organization, subordinated ÃÒÊ, from numbers of the Armed Forces, law-enforcement bodies, other organizations and establishments special of a rank are appropriated(given) with allowance for earlier posts, taken by them, which are being available of military ranks or class grades.
For the officials of customs houses is established íîøåíèå of a uniform (23). The form of clothes is defined(determined) a Study of the Ministers ÐÓç, and rule her(it) íîøåíèÿ — ÃÒÊ. The uniform is issued free of charge.
2.4. Certification of the officials of customs houses
The certification of the officials of customs houses is one of methods of valuation and revealing of service conformity of the customs staff growing professional and moral - ethical to requests. The conditions and procedure of certification are adjusted by a Rule(situation) about the order of certification of the officials of customs houses of a Republic of Uzbekistan. The certification of the officials of customs houses is carried out(conducted) with the purposes of perfection of activity of these bodies, improvement of selection, arrangement and education of the staff, valuation of their work, stimulation of qualification and increase of the responsibility for protection of state interests of a Republic of Uzbekistan.
For want of certifications are evaluated qualification, competence, serviceability, conscientiousness of the employees, level of their culture, moral - moral qualities, ability to execute the service responsibilities in customs system. By results of this valuation the conclusions about their conformity to a taken post are done(made).
The certification is carried out(conducted) in all customs houses, switching on ÃÒÊ, Managements ÃÒÊ on Republic Êàðàêàïàêñòàí, areas, customs laboratories, and also educational establishments.
The certifications are subject the officials of customs houses.
The certification of the persons of the managers of the nomenclature ÃÒÊ is carried out(conducted) by a commission of Committee with allowance for opinions of customs house.
Management(manual) of certification, control behind organization of work on its(her) realization in customs houses are carried out by Management of the staff ÃÒÊ of Republic.
Àòòåñòàöèîííàÿ the commission considers also questions of assignment of personal ranks. The certification of the officials of customs houses is carried out(conducted) once in _ of a year without dependence from terms of assignment of personal ranks. The specific dates, and also schedule of realization of certification affirm by the chief of the appropriate customs house and to to to to to to to to to to to to next certification is not included the officials studying in a taken post less of one year, young experts, pregnant women. The women who are taking place in leave on a leaving(maintenance,le) behind a child, are included in the next certification not earlier than in one year after an output(exit) them on work.
For want of âûäâèæåíèè of the officials on a higher post, and also in case of decrease(reduction) of workmanship of the functional responsibilities or assumption of essential defects for want of their performance(fulfillment) the certification can be conducted ahead of schedule.
For realization of certification ÃÒÊ and other customs houses affirm àòòåñòàöèîííûå of a commission in structure of the chairman, secretary and members of a commission from number of the most experimental(experienced), authoritative workers and representatives(representative) of trade-union organization.
Àòòåñòàöèîííàÿ the commission is a constantly acting body and builds the activity according to the annual plan confirmed by the first deputy or the vice-president ÃÒÊ, chief (deputy of the chief) other customs house.
The certification of the officials of the managers quoted on a post by the orders ÃÒÊ, is carried out(conducted) by a commission headed by the first vice-president ÃÒÊ. The certification of the officials quoted by the order of other customs houses, is carried out(conducted) by a commission headed by the chief or the deputy of the chief of the appropriate customs house. The personal structure of a commission affirms by the order of the chief of a customs.
The realization of certification is preceded by(with) necessary preparatory work. On each worker who is being a subject to certification, not later than two weeks prior to the beginning certification it is represented àòòåñòàöèîííûé a sheet, which component is the characteristic prepared by the direct chief àòòåñòóåìîãî. The characteristic should contain valuation of individual qualities of the worker. For want of subsequent certifications in a commission it is represented also àòòåñòàöèîííûé a sheet of the previous certification.
Àòòåñòóåìûé the worker should be beforehand, not less than two weeks prior to certification, is acquainted with submitted on him(it) àòòåñòàöèîííûì by a sheet. In case of disagreement àòòåñòóåìîãî with valuation of his(its) business and moral qualities they can be submitted in a commission the motivated objections.
The certification is carried out(conducted) at the presence of the chief of structural division, in which works àòòåñòóåìûé, or person, it(him) çàìåíÿþùåãî. Àòòåñòàöèîííàÿ the commission hears the message àòòåñòóåìîãî of his(its) work and considers the submitted documents. The discussion of the attitude(relation) to the responsibilities and personal qualities àòòåñòóåìîãî should pass in conditions of insistence, ïðèíöèïèàëüíîñòè, objectivity and goodwill. For want of to absence of the worker on meeting àòòåñòàöèîííîé of a commission without valid excuse commission can conduct certification in his(its) absence. The fact of absence for the disrespectful reason of the employee of customs house on meeting àòòåñòàöèîííîé of a commission should be confirmed by the appropriate document.
On the basis of comprehensive objective consideration of business and moral qualities of the worker, his(its) attitude(relation) to fulfilment of the official duties àòòåñòàöèîííàÿ the commission gives one of the following valuations of his(its) activity: à) deserves âûäâèæåíèÿ on a higher post; á) corresponds(meets) to a taken post; â) corresponds(meets) to a taken post under condition of improvement of work and fulfilment of the recommendations of a commission with possible(probable) repeated certification through 6 months or year;
ã) Does not correspond(meet) to a taken post (with the instruction(indication) of the basis of discrepancy).
Àòòåñòàöèîííàÿ the commission by results of certification can introduce the recommendations about encouragement of the separate workers for the successes, achieved by them, about change of the official salaries within the limits of minimum and maximum sizes on the appropriate post, about establishment, change or cancellation of the extra charges to the official salaries, about inclusion to a reserve on âûäâèæåíèå, about downturn in a post, and also to state the offers on increase of business qualification, improvement of service activity àòòåñòóåìûõ of the persons (with the instruction(indication) of motives, on which the appropriate recommendations and offers) are given.
Valuation of activity of the worker and the recommendations of a commission are accepted by open voting in absence àòòåñòóåìîãî. Certification and voting are carried out(conducted) for want of availability not less than 2/3 numbers of the members of the authorized structure àòòåñòàöèîííîé of a commission. The results of voting are defined(determined) by the majority of votes from number of the present members of a commission. For want of equality of quantity(amount) of votes àòòåñòóåìûé the worker is recognized appropriate to a taken post. For want of certifications of the worker being the member àòòåñòàöèîííîé of a commission, àòòåñòóåìûé in voting does not participate. The results of certification are informed to the worker at once after voting.
The results of certification (valuation and recommendations) are brought in àòòåñòàöèîííûé a sheet, which is made in one copy and is signed by the chairman, secretary and members àòòåñòàöèîííîé of the commission which has taken part in voting.
Àòòåñòàöèîííûé a sheet and other documents on the worker, past certification, are stored(kept) in his(its) private affair.
The results of certification with conclusions and offers are informed in ÃÒÊ in week term after realization of certification of the workers of customs house.
On results of certification the order on customs house is issued, in which the decision on material or moral encouragement of the separate workers for the successes, achieved by them, application of the official salaries is reflected accepted by the appropriate chief with allowance for of valuations and recommendations àòòåñòàöèîííîé of a commission and for want of observance of the current legislation within the limits of minimum and maximum sizes on the appropriate post, establishment, change or cancellation of the extra charges to the official salaries, direction on increase of business qualification, increase or downturn in a post, about clearing of a taken post of the worker recognized not appropriate taken post by results of certification, not appropriate to a taken post, of the certificated persons to being available defects in performance(fulfillment) by them of the official duties.
The indicated decisions are accepted in time no more than two months from the date of certification of the worker. On expiration of the indicated term downturn of the official salary, reduction or cancellation of the extra charges to it(him), transfer(translation) on $below(lower) a paid post, the clearing of the worker of a post by results of the given certification is not admitted. The time of illness of the worker in bi-monthly term is not set off.
The clearing of a taken post of the worker recognized by results of certification not appropriate taken post, is made on the basis stipulated item _ an item __ of the Labour Code of a Republic of Uzbekistan (found out discrepancy of the worker a taken post or a work on hand owing to unsufficient qualification or a condition of health, interfering to continuation of the given work). The labour disputes connected to clearing of a post of the workers, recognized by results of certification not appropriate to a taken post, are considered according to the current legislation about the order of consideration of labour disputes.
On results of certification of the staff the administration of customs house including of trade-union organization develops measures on fulfilment of the recommendations stated during its(her) realization, on removal(elimination) of being available defects in professional training of the employees, âîñïèòàòåëüíîé to work in collective and the control behind their performance(fulfillment) is provided. The management of the staff ÃÒÊ carries out the constant control behind fulfilment of requests of the considered Rule(situation) about the order of certification of the officials of customs houses, arranges on perfection of realization of certification, improvement of professional skill of the staff, improvement of their education, generalizes and distributes positive experience of this work.
3. International experience of legal regulation of a customs service and opportunities of his(its) application in national practice of a Republic of Uzbekistan
3.1. Republic of Uzbekistan both ìåæäóíàðîäíî-legal cooperation and regulation in the field of customs business within the framework of a CIS
The deep socio economic and political transformations realized nowadays in Uzbekistan, not only have caused the new approaches to foreign trade activities, its(her) liberalization and further progressive reforming. They have marked qualitatively new attitude(relation) of the state to a problem of ìåæäóíàðîäíî-legal cooperation and regulation in sphere of customs business. The gradual transition from isolation, artificial self-isolation to comprehensive ìåæäóíàðîäíî-legal cooperation and regulation in sphere of customs business with many states of the world is made. The cooperation of Uzbekistan to other states in sphere of customs business develops on three main directions. First this cooperation to countries of a CIS, near foreign countries, joint with them ìåæäóíàðîäíî-legal regulation of questions of customs business. In conditions of integration of world(global) economy the international customs cooperation objectively is inevitable; It stimulates development of foreign economic relations of countries of world(global) commonwealth. Practically it is impossible to imagine progressive development of customs processes and services in a separation from international customs cooperation. Isolated from external economic sphere customs business and customs service of republic on would be only deprived opportunities to develop, but also would lose the significance of the major tool of foreign trade activities. The activity on international customs cooperation directly is carried out ÃÒÊ, by(with) regional managements and customs. Besides the specialized division other his(its) divisions - department of currency exchange regulation, management on struggle with smuggling and infringement of the customs rules participate in structure ÃÒÊ (department of external relations) in this activity; management of customs statistics and analysis etc. The regional and local áustoms offices develop contacts to similar customs services of countries of a CIS on various questions of customs business. For today the base of cooperation with countries of a CIS is already created. First of all this Agreement on principles of customs tariff policy signed on March 13 1992ã. In Moscow (1). The states - the participants of the Agreement have delivered before themselves the basic purposes, which main of - to stimulate development of economy and to protect a home market. The particular(specific) problems solved by signing of the Agreement consist in the following. First - preservation and strenghtening of uniform economic space in the attitudes(relations) between countries. The fulfilment of this problem will promote normal dynamical dialogue of the states and customs moving of the goods, means of transport through the appropriate borders. The second problem - maintenance within the limits of this space of free movement(traffic) of the goods, which stimulates development of foreign economic relations and recovers customs process. The third problem - development(manufacture) of general(common) policy(politics) of the participants of the Agreement concerning the third countries and item of information to a minimum of collisions for want of its(her) realizations. The fourth problem - unification of the customs legislation and procedures of customs, that should essential(?much) simplify customs dialogue, and also moving of the goods and means of transport through border to help to find optimum variants of customs registration and control, by saving for want of it of a feature of a national element of customs systems and services of various countries. The reasonable unification conducts to ãàðìîíèçàöèè of customs systems, to the coordination of the customs legislation òîäåëüíûõ of countries. The fifth problem - creation of a custom union, which should become the independent subject of the international law. The sixth problem - development(manufacture) of the general(common) customs tariff and and introduction of the uniform internal taxation of the goods and other subjects, which are imported on general(common) territory and are removed from this territory, and also clearing of taxation by the customs duties, taxes and taxes of the goods addressed inside a custom Union. The seventh problem - to not establish customs barriers between the states - participants of the Agreement and regularly to revise the acting quantitative restrictions, so that volume of restrictions on exportation of the goods in mutual exchange did not decrease. Âîñüìÿ a problem - to liquidate quantitative restrictions on exportation of things of personal use belonging to the citizens of the states - of the participants of Union. By the agreement also was stipulated: For maintenance of functioning of a custom Union, development(manufacture) and realization of general(common) customs tariff policy, coordination of interaction of customs services, tax and analysis of customs statistics of the Contract. party ó÷ðåäèëè Customs advice(council) (2). It(he) consists of the proxy representatives(representative) of the Contract. parties and is the supreme body of a custom Union. The status of Advice(council) is defined(determined) by a rule(situation) about it(him), which should ratify äîãîâàðèâàèùèåñÿ of the party (3). Material, financial, personnel, social and other maintenance of activity of Customs advice(council) is carried out at the expense of the budget, which is formed from âíîñîâ, states - participants, introduced by governments, of the Agreement under the coordinated quotas. The state-participants of the Agreement have agreed to not accept the normative sertificates,(acts,) contradicting To the Agreement, and have undertaken to result âíóòðåíííåå the legislation in conformity with the Agreement in time not later than one year after the introduction it(him) by virtue of (4). In ñîîòâåòñâèè ñÑîãëàøåíèåì to a custom Union can for want of consent all of his(its) members to join any other state (5). The major rules(situations) and norms fixed in the Agreement on principles of customs tariff policy are those. As a whole Agreement represents a serious step in customs cooperation of Uzbekistan to countries of a CIS. While however Uzbekistan does not hasten to ratify the Agreement. In general it is necessary to note, that Uzbekistan being the full subject of Commonwealth of the Independent States is less than other states joins the agreements, which conduct to association of customs tariff policy of the states - members of a CIS. It first of all is explained to that Uzbekistan being the sovereign state prefers independent ðàâèòèþ and formation absolutely new and essentially important for our country of branch of the right as the Customs right.
Some words about Customs advice(council), which status is regulated by a Rule(situation) authorized by the state-participants of the Agreement, from March 13 1992ã. In a Rule(situation) the purposes of Advice(council), his(its) function, legal base, rights, structure, executive bodies, working device, budget, order of acceptance of the decisions are defined(determined).
The purposes of Advice(council): to supply(ensure) functioning a custom union; to produce and to conduct uniform customs tariff policy; to counteract ìîíîïîëèçìó, and as äèñêðèìèíàöèîííûì the shares of the foreign states and their unions; to stop a unfair competitiveness for want of realizations of export-import transactions; to unify the customs legislation and procedures of customs in interests of integration of economy of the states - participants of a custom Union in world(global) facilities(economy); to coordinate interaction of customs services of the ãîñóäàðñò-participants of Union; to develop and to realize the particular(specific) programs of development of customs business; to collect and to analyze customs statistics of Union (6).
To main functions of Advice(council) concern: development, consideration and assertion(statement) of the offers on main directions of customs tariff policy of the states - participants of a custom Union, including the general(common) customs tariff formed on a basis Ãàðìîíèçèðîâàííîé of system of the description and coding of the goods; development about an establishment, cancellation or change of the rates of the customs duties, granting of tariff preferences and ïðåôåðåíöèé; development and consideration of the projects of the sertificates(acts) of the legislation of a custom Union and his(its) international agreements in a part concerning òàìîæåííî-tariff regulation; cooperation to international organizations on questions included in the competence of Advice(council). Legal base of work of Advice(council) make: the agreement on principles of customs tariff policy; a rule(situation) about Customs advice(council); Ðåãëàìåò of work of Advice(council); a rule(situation) about establishment, cancellation and change of the rates of the customs duties; rules of valuation in the customs purposes; Rules of definition(determination) of country of an origin and other sertificates(acts), which develops and accepts ADVICE(council). A rule(situation) as the rights of Advice(council). It(he) can establish sizes of the import and exit duties to introduce in them changes; to enter the seasonal customs duties; to establish to change and to cancel the rates of the duties for personal use; to release of payment by the duties the goods and other subjects, âîïëîùàþùèå in itself of advanced achievements scientifically - technical progress not made or made in unsufficient quantities(amounts) in the state-participants of a custom Union; to make modifications to the nomenclature of the General(common) customs tariff with the purposes of regulation and protection of the incorporated market of the states of a custom union from the accounts(record-keepings) of international norms and practice. The advice(council) accepts the decisions in the form of the decrees and are subject ïóáëåêàöèè in the official order (7). These decrees are final and should be applied in all state-participants of a custom Union without any additional procedures.
3.2. Sharing(participation) of a Republic of Uzbekistan in international òîðãîâî-customs organizations and agreements acting in countries of distant foreign countries: experience and prospects
The cooperation of a Republic of Uzbekistan to countries of distant foreign countries in sphere of customs business and its(her) sharing(participation) in international òàìîæåííî-trade organizations is the second of main directions of sharing(participation) of Uzbekistan in international cooperation and regulation in sphere of customs business. During many decades Uzbekistan remained in èçîëèðîâàííîñòè from such international organizations as the General agreement on the tariffs and trade (ÃÀÒÒ), Advice(council) of customs cooperation (ÑÒÑ), World customs organization (ÂÒÎ), and number of other authoritative bodies. Formation and functioning of the Uzbek customs right and active sharing(participation) of our country in international òîðãîâî-customs organizations and ìåæäóíàðîäíî-legal (in common with countries of distant foreign countries) regulation of customs business - interconnected processes. For a modern condition and level of development of the Uzbek customs right are extremely urgent and such are useful for example, fixed in ÃÀÒÒ ëèòèêî-legal principles, means and norm, as a most favoured nation treatment; a national mode; mutual benefit; íåäèñêðèìèíàöèîííîñòü; equality of the rights and responsibilities of countries - participants ÃÀÒÒ; publicity of foreign trade policy(politics); a principle of constant decrease(reduction) of trade barriers; application of the customs tariff and number other (8).
ÃÀÒÒ takes the important place among international organizations in the field of foreign economic relations and customs business. The feature of this organization is, that she(it) is simultaneously international intergovernmental economic organization and ìåæäóíàðîäíî-legal agreement in sphere of foreign trade and customs business of the various states. Arisen in October 1947ã.
( ìíîãîñòîðîíåå the agreement has come into force on January 1 1948ã.), ÃÀÒÒ has accumulated large and rather valuable experience of cooperation of the states on various directions and aspects of customs business, customs tariff policy and legislation. In system ÃÀÒÒ are produced and the rather effective legal mechanisms act, with which help customs problems, much(¬many) external economic and connected to them, are allowed. To ignore experience ÃÀÒÒ would be an inexcusable mistake, which harms to national economic interests of Uzbekistan. Value and international significance ÃÀÒÒ are defined(determined) not only efficiency of the resisted forms of activity (session of the Contract. parties; advice(council) of the representatives(representative); secretary; constant and interim commitees, advices(councils) and groups). In activity of this organization find diverse and øèðîêîìàñøòàáíîå application such basic ëèòèêî-legal principles, as a most favoured nation treatment, mutual benefit, íåäèñêðèìèíàöèîííîñòü and other, and also means, adequate to them. The members ÃÀÒÒ are more than 100 countries, on which share(!long) it is necessary more than 90 % of world(global) trades. Uzbekistan has not entered yet in ÃÀÒÒ. It is unsimple in many attitudes(relations) a step. Before it to make, is necessary to result the national legislation in ñîîòâåòñâèå with requests ÃÀÒÒ. It first of all foreign trade activities, means of tariff and tariff regulation: subsidizing, crediting and ò. Ä. ÃÀÒÒ is interested in expansion of number of the participants, for it corresponds(meets) to his(its) purposes and promotes strenghtening of authority. The state, which has the right of a vote and participates in discussions ÃÀÒÒ, possesses the information on arrangement of forces in international trade. It can acquaint the partners with features of national interests to assert the items and in the end to influence formation of a òîðãîâî-political climate in the world. But the sharing(participation) in ÃÀÒÒ not only gives the rights, but also obliges to the certain actions: to proceed(pass) to market economy; to adjust foreign economic relations by economic methods (mainly by customs tariffs and only in an insignificant degree - tariff means); to not increase a level of the customs duties, which size should be agreed for want of introduction in ÃÀÒÒ; to limit application of tariff means of customs regulation; to not subsidize export, i.e. to not underestimate the price for the export goods; regularly to transmit the information on a control system of economy, external economic policy(politics), about a condition of foreign trade and privileges represented(granted) other countries. The results of activity ÃÀÒÒ show, that the Agreement functions as a whole successfully, ÃÀÒÒ is central international establishment on trade in the modern world(global) market. The governments of countries - members ÃÀÒÒ regularly receive the main documents and materials, use the diverse information on activity of the given organization. All this creates strong legal base for international business relations with áîëüøèíñâîì of the states of the world, strengthens foreign economic relations and customs business.
The following direction is the sharing(participation) of Uzbekistan in ÂÒÎ World customs organization (ÂÒÎ) takes the important place among international organizations, to which Uzbekistan cooperates in the field of foreign economic relations and customs business. Uzbekistan has become the full member ÂÒÎ in July 1992ãîäà. In capital of Uzbekistan in May, 1997 the international meeting of the customs officers has passed. She(it) was ïîñâÿùàíà to questions of perfection of a customs service in Central Asia and expansion of cooperation in this sphere. In a meeting has taken part and the general secretary of World customs organization Äæåéìñ Øàâåð has acted with the detailed information on the international convention on modernization of a customs service in world(global) scale. Sir Øàâåðà was accepted by(with) the President of a Republic of Uzbekistan Èñëàì Êàðèìîâ. The chief of the state has emphasized, that in Uzbekistan give large significance to cooperation with ÂÒÎ, whose activity cannot be presented in a separation from customs services of other countries.
- After a finding of independence integration of Uzbekistan in world(global) community we have defined(determined) as one of main problems (9), - has told Èñëàì Êàðèìîâ - help rendered to our country Âñåìèðîíé by customs organization and, in particular(personally), its(her) assistance in development of legal bases of activity of a customs service of Uzbekistan In this Respect deserves attention. The general secretary highly has evaluated policy(politics) of a management(manual) of Uzbekistan, àíïðàâëåííûþ on struggle with distribution íàðêîáèçíåñà and smuggling in öåíòðàëüíîàçèàòñêîì region. In a 1995 our country was elected in structure of a Political commission - directing and authority ÂÒÎ, development, engaged in questions, of this service and its(her) structure, development of policy(politics) and strategy of customs business in world(global) scale. By becoming, among other 24 states, member Ïîëèòêîìèññèè, Uzbekistan had an opportunity at a planetary level to shine(cover) a course of economic and social changes to protect interests of republic to improve quality of customs business under the modern standards. So the normative documents ÂÒÎ were taken into account(discounted) for want of to preparation of the Customs code of a Republic of Uzbekistan and Law on the customs tariff. Participatting in work of Advice(council) and Ïîëèòêîìèññèè ÂÒÎ, the representatives(representative) of our country got acquainted with experience of activity of customs administrations of China, Indonesia. Hongkong, Malaysia, France, Belgium, Holland, Great Britain. The memorandums of cooperation and assistance between customs administrations of Uzbekistan and Connected Êîðîëåâñòâà of Great Britain, and also France are signed. The preparation of the similar agreements with the customs officers of the united States of America, China, Israel is finished. Cooperatting with ÂÒÎ, Uzbekistan had an opportunity widely to use used by other members of organization experience ãàðìîíèçàöèè of system of the description and coding of the goods, study of principles of customs valuation of the goods. Simplifications and perfection of procedures of customs, administrative cooperation on prevention, investigation and punishment for infringements of customs norms, application of the synchronized and agreed rules of definition(determination) of the goods. The committees ÂÒÎ consult divisions of customs administration of our country. The management of this organization under the nomenclature and classification, in particular(personally), has helped to Central customs laboratory to adjust contact to the colleagues in Japan. In frameworks ÂÒÎ are expanded relations of the customs officers of Uzbekistan with Åâðîòàìîæíåé, Program ÎÎÍ under the control behind drugs, Èíòåðïîëîì.
The conclusion
Project
The customs business is one of base institutes of any economy. His(its) role in the states especially is important which carry out transition from the centralized economy to market. It directly concerns to Uzbekistan: for want of such large changes, what now occur in our country, it is necessary to lean(base) on those institutes, which are primary, should be conductors of market reforms. The significant place among them is taken by(with) a customs. First, on it(her) the mission of regulation of a foreign trade turn-over, collection of taxes and duties and, thus updatings of a public finance lays. Secondly, she(it) protects the state from êîòðàáàíäû of the weapon, drugs, and ò. Item. Thirdly, she(it) by protectionist measures preserves economy, national industry. Thus she(it) helps the enterprises which have got used to work in conditions of centralized economy to adapt in a new situation on decentralization of foreign trade.
Besides the customs service is called to help the participants of foreign trade activities fast to find general(common) language with the foreign partners. The main problem of a customs is to join new economic system of Uzbekistan with system of global economic cooperations and at the expense of it to give a pulse to development of foreign economic relations and clearly what to execute such problem probably only for want of to appropriate statement of customs business in country. The bias between domestic and foreign customs systems is capable on the contrary to suspend development of foreign trade. Uzbekistan country, where passed " a Great Silk Way ", playing a key role in Central Asia, the country has extremely favorable prospects of integration in international system. The customs service of Uzbekistan has huge opportunities for interaction with the colleagues from near and distant foreign countries. An example to that, is operations on prevention of smuggling. The good interaction, efficiency of customs services of Uzbekistan with the colleagues of the states of near foreign countries enables to conduct successful operations on detention of a plenty of drugs following in transit through Uzbekistan.
During several tens years Uzbekistan, owing to absence of an opportunity of an output(exit) on the world(global) market, could not be the full participant of international customs organizations. Practically it is impossible to imagine progressive development of national customs processes and services in a separation from international customs cooperation. The cooperation of a Republic of Uzbekistan to international organizations, use of the saved experience, is one of main directions of sharing(participation) of Uzbekistan in international cooperation and regulation in sphere of customs business. The sharing(participation) of Uzbekistan in international customs organizations depends on two main reasons. First - conformity of the internal legislation of country. Second - qualified fulfilment by the state of the accepted obligations.
Finishing consideration of a theme about legal bases of a state service in customs houses it is necessary to emphasize, that the fulfilment of the main purposes of customs tariff Policy of a Republic of Uzbekistan depends on the diligent and qualified fulfilment of the responsibilities and complete use of the given rights by the customs employees. The service in customs houses, cannot be a place of personal material enrichment of the employee, but also cannot be a place, where the employee protecting interests of the state will beg.