Where the customs officer cannot glance?from Soviet period occur at us stories about a terrible and awful customs procedure - “ personal inspection “. Frightened by it earlier those who were going to take out abroad, for example, an ancient grandmother`s ringlet, having thrust it under language, or a handful of diamonds, having hidden them in a hairdress of the " type; bunch “. Times now others, but personal inspection both was, and remained one of forms of customs control. Therefore to each person does not prevent to know that it, as a matter of fact, it.
As article 189 of the Customs code of the Russian Federation says, personal inspection is exclusive, and therefore - quite rare form of customs control. It is applied when the staff of customs authority has bases to believe that the citizen hides on himself these or those goods which are objects of violation of the legislation of Russia, for example - drugs and the narcocontaining preparations, cultural or historical values, explosives, strategically important raw materials, the weapon, money, gold etc.
Of course, the formulation “ there are bases to believe “ sounds very vaguely. It is clear, that in what baggage not declared goods from the provided list are already found without fail are exposed to personal inspection. But it is not excluded that for personal inspection you can be sent even then when also you, and your baggage absolutely “ are pure “ before the law.
Personal inspection can be carried out only according to the decision of the chief of that customs where you pass customs registration, or the official, officially it replacing. Therefore if the ordinary customs inspector suddenly seizes you by a sleeve and will personally pull to examine, you can safely rest and accuse him of abuse of authority.
Before personal inspection the official to who his carrying out is assigned is obliged, in - the first, to notify you that such decision is made, and in - the second, to suggest you to give voluntarily hidden goods. And honestly, if those goods are available for you, it is better to give them because further pleasant will not seem to anybody.
Personal inspection is carried out by one or several customs officials in the presence of two witnesses. And both customs officers, and witnesses by all means have to be one with you a floor. Customs officers are obliged to exclude access for other persons or a possibility of their supervision over procedure of personal inspection completely.
At the same time personal inspection can be carried out only in the isolated room answering elementary sanitarno - to hygienic requirements - pure, light, etc. In other words, the staff of customs cannot just take away you for a corner and carry out your personal inspection near a trash can even if there are no strangers.
Procedure of personal inspection consists in the following. As a rule, to you suggest to take off from themselves clothes (sometimes - only top, and sometimes - everything, up to underwear), hours, jewelry, the word - everything that is put on you at present. Customs officers carefully will illuminate all things removed from you, will probe, will get wind, perhaps, will even try on language - it is as it will be necessary for them.
However customs has no right to touch personally you employees. Besides according to the Customs code of the Russian Federation to carry out “ inspection of the body examined “ only the health worker can (“ local “ or specially invited) and nobody other. So if customs officers had a suspicion that you hide in a mouth an ampoule with heroin, and there is no doctor at this moment at customs, consider, you were lucky: they have no right to get to you into a mouth.
Besides, even health workers are forbidden to carry out additional medical actions in the course of personal inspection, for example - to do you analyses, to give an enema, give emetic, to subject to a gastroenteroskopiya or x-ray inspection. By the way, actively use this ban so-called “ glotatel “ - narcocarriers which swallow insoluble containers with drugs and take them through border in the stomachs.
But your own body the medic has the right to examine from top to bottom, having glanced at the same time in its most secluded corners, including back pass.
Upon termination of examination procedure customs officers are obliged to make the protocol. In it, besides formalities like date and time of carrying out examination, your surname etc., all procedure has to be in details described and its results are specified - found at you something forbidden or did not find.
The protocol is signed by the official customs persons who were carrying out examination, witnesses, the medic (if that was present) and, of course, you.
And at the time of signing of the protocol you have the right to make in it the statement. Especially it concerns those cases when, on your understanding, personal inspection was carried out with violations of the legislation of the Russian Federation. If you decide to appeal against actions of staff of customs or the medic subsequently, you will have no proofs, except as this protocol with the claims which are written down in it.
Matter of course that if as a result of personal inspection at you found something forbidden, it is necessary to answer to the fullest extent of the law. Well, and if did not find - you can quietly go home, being consoled that in Russia personal inspection - the measure nevertheless exclusive, but in Israel is practically exposed to it everyone 30 - y the foreigner.
However, to be fair, it is necessary to recognize that the Israeli customs officers belong to examined with understanding. And if, for example, before the end of registration for flight there is almost no time left, and customs officers, despite everything, want to subject the passenger to procedure of personal inspection, then they detain registration. And even deliver by the car directly to the plane that the passenger everything is departed in time. But it, of course, only if as a result of examination at the person forbidden it is not revealed.
In other countries including at us, from customs officers you will not wait for it: as they say, was not in time - means, was late.
And in Finland adjoining to us - there were cases! - this not palatable procedure was carried out sometimes not in sterilely pure room, and in the dense wood by the light of a pocket small lamp.
On " newspaper materials; Foreigner “
Of course, knowledge of laws - big plus! Good luck to you and see you!