Main principles of a state service in customs houses

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 РУз. In particular personally, in гл. 9 items 37 the principle is proclaimed Each has the right on labour, on free choice работы 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, Д.Н.Бахраха, to number of main principles of a state service concern демократизм, professionalism, социально-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 демократизма, being the constitutional principle, is displayed, in particular personally, in сменяемости of the customs employee.

Сменяемость 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 сменяемости of the workers of customs houses and establishments are stipulated in the normative sertificates acts ГТК РУз, including in the normative sertificates acts on a reception party and termination discontinuance of a service in customs houses issued ГТК 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 общедемократические of a request and installation aim. The legislation, including Customs Code, establishes installed various kinds of the responsibility дисциплинарная, 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 общедемократическое 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 административно-legal and administrative - remedial aspects of regulation and realization of customs business about уголовно-legal and уголовно-remedial norms smuggling and other crimes in sphere of customs business, дознание and operative - розыскная activity, and also about some rules situations of other legal branches - Financial, labour, tax, bank right the currency legislation the международно-legal agreements, agreements and norms in the field of cooperation of the states in sphere of customs business.

By word, the requests presented to the customs employee, are rather high, that is explained by necessity to supply ensure genuine professionalism and competence of the given category of the civil servants. For example Customs Code of Russian Federation consecrates a principle of professionalism as follows.

So, among requests presented to the officials of customs houses, the ability of these persons on the business and moral qualities, educational level is stipulated to execute the problems, assigned to customs houses, 7 . With the purposes of improvement of work on preparation and retraining of the staff for customs houses, increase of their professional level, and as for training the experts on customs registration the decree of a Study of the Ministers 374 from 30.07.1997 formed educated Educational Centre of State Customs committee.

As on the basis of Academy МВД and Institute СНБ the rates on preparation and retraining of the officials of customs houses which are carrying out operatively - розыскную 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 служажий owes when due hereunder for example, one month agrees ТК 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 ТН ВЭД and other questions as remain open and the considerations require demand. The principle of social security of the customs employee in this or that measure is reflected and is fixed in the law on a State Customs Service and in the Decree of a Study of the Ministers 374 from 30.07.1997г in other normative sertificates acts ГТК. 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, развиватся and конкретизироватся in the decrees of the President and decrees of a Study of the Ministers, in the normative sertificates acts ГТК. 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 . ТК 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 следственных 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 вреда to his its health.

The monthly average earnings is defined determined in the order established installed by the legislation РУз for reimbursement by the employers вреда, 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-кратного 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-кратного 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-кратного 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 вреда.

The annual money contents of the official of customs house РУз 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 РУз are defined determined by the agreement between ГТК and state insurance organization.

The taxation of the incomes received by the officials of customs houses РУз in connection with performance fulfillment of the official duties, is carried out with reference to conditions and order established installed by the legislation РУз 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 .в 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. Регламентированы 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 РУз 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 РУз, 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 ГТК with reference to conditions, norms and order established installed by the legislation РУз 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.