On the basis of Article 413 of the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan" (hereinafter referred to as the Code), a form of customs control is applied – customs inspection, in compliance with the provisions of the Rules of Customs Inspection and Inspection (hereinafter referred to as the Rules), approved by Order No. 188 of the Minister of Finance of the Republic of Kazakhstan dated February 14, 2018.
At the same time, Chapter 47 of the specified Code regulates:
Article 414. Personal customs inspection
Personal customs inspection is a form of customs control, which consists in conducting an inspection of individuals.
Personal customs inspection may be carried out only in respect of individuals traveling through the customs border of the Eurasian Economic Union and located in the customs control zone or the transit zone of an international airport, if there are sufficient grounds to believe that such persons conceal and voluntarily do not issue goods transported across the customs border of the Eurasian Economic Union in violation of the customs legislation of the Eurasian Economic Union, customs and other legislation of the Republic of Kazakhstan.
Personal customs inspection is carried out in order to identify the individuals specified in paragraph 2 of this Article, concealed goods transported across the customs border of the Eurasian Economic Union in violation of the customs legislation of the Eurasian Economic Union, customs and other legislation of the Republic of Kazakhstan, and is an exclusive form of customs control.
Personal customs inspection is carried out by the decision of the head of the customs body, the deputy head of the customs body authorized by him or the persons replacing them, or by the decision of the head of the customs body subdivision (customs post, checkpoint), the deputy head of the customs body subdivision authorized by him or the persons replacing them.
The specified decision is made in writing.
Personal customs inspection is carried out by officials of the customs authority of the same sex as the person in respect of whom the personal customs inspection is carried out, in the presence of two witnesses of the same sex in an isolated room that meets sanitary and hygienic requirements. Access to the premises of individuals, other than those specified in this article, and the possibility of monitoring the conduct of personal customs inspection by other individuals should be excluded.
Examination of the body of a natural person, in respect of which a personal customs inspection is carried out, is carried out only by a medical worker, using, if necessary, special medical equipment.
When conducting a personal customs inspection of a minor or incapacitated individual, his legal representatives (parents, adoptive parents, guardians or guardians) or accompanying persons must be present.
Before the beginning of the personal customs inspection, the customs body official is obliged to acquaint the individual with the decision to conduct a personal customs inspection and his rights during such a personal customs inspection, as well as to offer him to voluntarily issue goods transported across the customs border of the Eurasian Economic Union in violation of the customs legislation of the Eurasian Economic Union, customs and other legislation of the Republic of Kazakhstan.
The fact of familiarization of an individual with the decision to conduct a personal customs inspection is certified by this individual by affixing the appropriate inscription in the decision to conduct such a personal customs inspection. If an individual refuses to affix such an inscription, a corresponding mark is made on the decision to conduct a personal customs inspection, certified by the signatures of the authorized official of the customs body that announced the decision to conduct such a personal customs inspection, and the witnesses present during the personal customs inspection.
The actions of a customs official during a personal customs inspection must not infringe on the honor and dignity of the individual in respect of whom the personal customs inspection is conducted, and cause harm to the health and property of this individual.
An individual who is subject to a personal customs inspection has the right to: :
1) get acquainted with the decision to conduct a personal customs inspection and the procedure for conducting it before the start of the personal customs inspection;
2) familiarize yourself with your rights and obligations;
3) give explanations and submit petitions;
4) voluntarily issue concealed goods transported across the customs border of the Eurasian Economic Union in violation of the customs legislation of the Eurasian Economic Union, customs and other legislation of the Republic of Kazakhstan;
5) make an application with mandatory entry in the act of personal customs inspection by an official of the customs body conducting a personal customs inspection;
6) use your native language and the services of an interpreter;
7) get acquainted with the act of personal customs inspection at the end of its preparation and make statements in it in writing;
8) appeal against the actions of customs officials conducting a personal customs inspection in accordance with this Code.
In the course of conducting a personal customs inspection, the individual in respect of whom it is conducted and his legal representative are obliged to comply with the legal requirements of the official of the customs body conducting the personal customs inspection.
The results of the personal customs inspection are drawn up by drawing up a personal customs inspection report, the form of which is determined by the Commission.
The specified certificate must be drawn up during the personal customs inspection or within one hour after its completion.
The act of personal customs inspection is signed by the official of the customs body who conducted the personal customs inspection, the natural person in respect of whom the personal customs inspection was conducted, or his legal representative, or the person accompanying him, witnesses, and when conducting an examination of the body of the natural person in respect of whom the personal customs inspection was conducted, also by a medical worker.
12. The act of personal customs inspection is drawn up in two copies, one of which is handed over to the individual in respect of whom the personal customs inspection was carried out, to his legal representative or to the person accompanying him immediately after it is drawn up.