Salamatov Sh.Zh.

Faculty of Law, al-Farabi Kazakh National University

Influence of crimes in the sphere of customs affairs and some problems of their prevention

The functions of the customs authorities of our country are not only providing the customs of the state, but also the implementation of legal functions. In general law enforcement duties are also included in the main areas of customs activities.

Customs unlawful actions taking place within the framework of the internal functions of the state, namely, legal, social, economic security, and general economic conditions have a direct negative impact on the normal functioning of the customs authorities in the field of foreign economic activity directed against both.

In particular, the following factors will have an effect:

v A sharp increase in foreign demand for the goods;

v The failure of the base in the intermediate state between the countries of the CIS customs law;

v Customs in the field of criminal actions against liability for damage caused by the level of weakness;

v Corruption in government and administrative bodies and law enforcement, criminal groups controlling bodies rapid development of communication, including the smuggling of communication;

v Customs criminal investigation in the absence of a legal mechanism.

Due to the fact that the goods through customs without a break, the definition of such crimes in a timely manner can be difficult. It is known that, even in more developed countries goods which are carried out through customs border in fact only a small percentage of all known on the clearance. It is the known fact that quality of goods which is during some time in customs point worsens. Therefore, non-profit organizations in order to avoid customs to settle any legal attempts to cross the horizontal line is true that more and more popular. So today, customs officials almost every day, trying to get their goods without payment of customs duty and that it is subjected to strong pressure from the representatives of commercial structures known. Unfortunately, because of the crimes committed by high latent in most cases remain unopened. Commodity carrier, a very large part of the “interest” of the customs officers smuggled goods “accidentally” turned enough to come at the right time. The government sees the benefit of export and import, "Invisible guys" see. These crimes can cause damage to the economic interests of the state in the first place, because, first of all - the goods to be imported and not a fee to the state budget, and secondly, the country’s economy is very necessary for the export of prohibited goods (strategic raw materials) have been taken. Depending on the subject and the object of his contraband optional objects of public safety, government agencies, and political interests of the Republic of Kazakhstan, the health of the population, historical and cultural heritage, is the beginning of a moral society. Smuggling damage to society can not be considered only as an economic loss. At the same time, it is a socio-psychological and moral loss that complicated. So, now, the increase in the number of customs crimes unreasonable to the development of the classification of various social groups, and negative, will lead to the emergence of anti-social individual positions. Kazakhstan customs laws of the development of market relations in the context of widespread smuggling, which is a higher degree of risk that might be a crime in society. [1, 412-413 pages].

Or other values and goods through the customs border of illegal substances in Article 234 of the Criminal Code of the Republic of Kazakhstan to take responsibility is provided by the Economic smuggling. Things are things that are restricted or taken out of circulation, the customs border of the Customs Union and (or) Smuggling across the state border of the Republic of Kazakhstan as provided for in Article 258 of the Penal Code of responsibility is the smuggling of such goods.

Consequently, the current Criminal Code of the Republic of Kazakhstan goods, currency, valuables or other items, including intellectual property through the customs border of the things on a large scale illegal and a criminal offense to economic “smuggling” and is limited to the circulation of substances or substances from circulation “contraband” Share considered. [2, 234, 286 articles]

Above in the smuggling of contraband seized substances or substances that are limited in circulation is one of the most pressing issues facing the world community.

The customs authorities of the country in the ongoing fight against drug trafficking and transit of drugs aimed at holding a significant role in closing the path. Therefore, the state’s illegal drug-related issue is the national property, because all layers of the population, including minors involved in the scope of this dangerous phenomenon.

Today, drugs, psychotropic substances and precursors of hidden rounds import and export services to enhance their control over the state border of the Republic of Kazakhstan customs and will need to be strengthened. Because after years of drug trafficking and abuse of narcotic drugs, psychotropic substances and precursors their mass distribution in the country's economy, the state of law and order, social and psychological situation in the society, and parent fund an increasingly negative impact on the health of the population.

At the suggestion of some scientists, illicit drug production and circulation of the first issue of terrorism, extremism and separatism as the “three dangerous force” is closely related to the preservation of peace and stability in the reverse one of the factors influencing the development of mankind. Go to the fight against drug trafficking and illicit drug trafficking equal treatment of the disease. It is the nature of people's social, religion, gender and racial borders, its borders, and that puts even found ways of healing in the near future would dawn characters. Currently, the drug business is directly related to international terrorism, because the sources of funds from a wide range of drugs for the purpose of carrying out terrorist acts, will be used to purchase a wide variety of weapons. As we can see, the CICA of concern to the international community within the framework of global diseases, terrorism, extremism, separatism, illegal migration and drug trafficking, many measures were taken, some documents and actions have been taken [3].

July 1, 2014, as illustrated by the customs authorities of the Republic of Kazakhstan, within ninety illegal circulations of narcotic drugs and psychotropic law enforcement will be carried out to determine the results of the passage. This is determined by the final:

In the reporting period prevented 21 facts on withdrawal of psychotropic substances and 32 criminal cases on drug rip of which, according to the article 250 of the Criminal Code - 26, according to article 259 of the Criminal Code-7.

The total number of drug rip - 5 kg. 197 gr., of them 3kg. 27 c. - heroin, 1 kg. 3 c. - hashish, 117.69 gr.- marijuana, other drugs - 446.68 gr.

In January and March of this year staff members of the Committee against smuggling during the course of carrying out investigative work “Bishkek – Yekaterinburg” on suspicion of drug smuggling arrested 2 citizen of the Kyrgyz Republic at Akkol train station in Karaganda. They are born in 1967 and in 1995, in the course of the audit by using ezofagogastrodwonoscopy they found in their stomach the medical ball weight of the total weight of 330 grams of heroin were identified and further containers. On this fact was prosecuted under Article 250 part 4 and Article 259 Part 3 of the Criminal Code of the Republic of Kazakhstan.

Of course, it is necessary to fight against drug trafficking. According to the information, given by media, many of our past by smuggling drugs across the border in neighboring Russia, which left the country, we know that the law enforcement officers arrested were identified. However, customs officers in the country through the territory of Kazakhstan, Tajikistan and Russia have a powerful effect of drugs and heroin should be noted that the channel to be held on a regular basis [4].

The fight against drug smuggling - a complex multi-faceted program to all over the world. And its regional departments of the customs authority created a special department to combat drug trafficking, law enforcement agencies in a joint action plan, dogs may be considered as the creation of their work is still inefficient.

For example, this year in Astana, joint forum of the Kazakhstan and Russia prosecutors’ offices of the Russian Federation Deputy Prosecutor General Yuri Ponomarev said: “Only the results of this year transportation of drugs from Kazakhstan to Russia doubled. This year, the amount of drugs seized by the Ural River was 1.5 times higher than last year”, as well as the last time, there is an increase in the transmission of drugs produced in China. “All Russia and Kazakhstan requires law enforcement agencies to create a new method of action”, he spoke. And, according to the Attorney General of the Republic of Kazakhstan Askhat Daulbayev, unprotected border areas between the two countries are not only the drug traffickers, are subject to extremist and terrorist groups and criminal use of said. [5]
Therefore, customs officers, customs and development of modern technical means of control - the inside of the assistance available metal seekers held in the method of hiding the drugs started to use a new method to find. As well as lots of illegal transportation of drugs across the border and to make them more efficient method of transport in the Republic of practical experience has shown that the use of dogs. Today, law enforcement special units to combat the drug trade qualified cynologist specialists and quality should be made to establish the possibility of ensuring the dog.

Customs should be given a special emphasis on the subjects in the prevention of crime, crime, be recognized as one of the custom officers of the parties committing the offenses

Aggravated in the field of customs offenses in the Criminal Code and to report to the officials of the responsibility. Flip on the grounds of customs officers using their position or take a bribe is not part of organized criminal groups, and other goods across the customs border assistance in the conduct of the large amount of items, participants in the customs evasion of customs duties and charges may be brought to criminal responsibility for helping.

By the resolution №10 dated July 18, 1997 of the Meeting of the Supreme Court of the Republic of Kazakhstan on the experience of the law on criminal responsibility for smuggling using his official position as the official human smuggling - carrying out the duty of customs and border control services and goods across the customs border of the Republic of Kazakhstan and other valuable substances that contribute to and to look at things and say that allow people to cross the border. Using his official position to do so contraband people who attempt to influence the official articles of the criminal law does not require additional differentiation. Using his official position, smuggling and other officials on a common basis, i.e. set of crimes provided for in the official application of the provisions of the Criminal Law and Flip reference to criteria specified in the relevant articles of the Criminal Code of smuggling shall be responsible for the parts [6].

In the message of the President of the Republic of Kazakhstan to the people of Kazakhstan “Kazakhstan – 2030” address to the nation that the formation of the state as a professional. However, the modern democratic developments in the field of public services (made on a competitive basis for civil servants and elected) government employees, civil servants, including the customs authorities to establish immunity against corruption. In this regard, in order to strengthen measures to combat the phenomenon of corruption in the country a number of legal and organizational measures have been taken. Including, Law “On Civil Service” dated December 26, 1995, Law “Anti-corruption” dated on 2 July 1998 №267-1, corruption is the first time the concept of national legislation. The second paragraph of Article 6 of the Law “corruption offenses, to prevent and stop the blame, taking responsibility for their own competencies of the prosecutor’s office, national security, law enforcement, tax, customs and border service, carried out by the tax police and military” it, i.e., by the customs authorities responsible for the quality of its fight against corruption. Article 3 of this law, the public services all in accordance with the laws of the Republic of Kazakhstan to the corruption of government officials, law enforcement officials in violation of the law is the subject of the offense defined [7].

 Currently, the total number of crimes associated with the customs corruption, often taking bribes, abuse of power, abuse of power or official authority, coincide with the opening of the forgery, that some of the data that makes up more than half of all registered crimes related to corruption offenses.

Today, the fight against corruption in the country on a regular basis at the Department of Customs Control should be considered, depending on the measures. For example, the city of Astana customs control on the results of an internal investigation of the department of 80 employees were brought to disciplinary responsibility, negative attitude to the violation of the duties of the position, and two employees were dismissed, two criminal cases.

Today, taking into account the circumstances of the private sector with public sector corruption crime is a close relationship, can lead to the destruction of the country’s economic security. Also today, the fight against organized crime and corruption needs to take into account economic and other factors. Some scientist’s corruption and economic factors related to the following:

- High rhythm of inflation as a result of growing economic instability due to the devaluation of the employee’s salary, as well as an increase in the safety of losing their jobs;

- Top layer of people with a source of income to the extent that the appearance of free money in circulation, and therefore the opportunity to buy them widely available;

- The former property of the object of arbitration under the supervision of the state machine intensive because of the ownership of the process of change in the ownership of a part of light;

- The use of illegally obtained income economy as the ability to take a large amount of new revenue [8].

 The customs authorities of the country taken on exchange of information and experience with their counterparts in other countries. He witnessed all of our customs authorities on the border with the neighboring states of the customs services of an agreement on the issue of the fight against corruption, and of course our special services simplify the anti-corruption action. Because the exchange of information and mutual consultation, which is related to foreign trade and balance information and for the state, including the customs authorities of the abuse and human rights violations is an important method of opening. On the one hand, to sign a mutual exchange of information, and refused to stop entrepreneurs from the payment of the budget will allow officials to prevent violations of the law. As well as the customs authorities of the receipt of such information in a timely manner, depending on the goods exported and imported foreign economic relations evaded the payment of which allows the use of preventive measures entrepreneurs time.

Customs offenses by the customs authorities of the Republic of Kazakhstan and other official authority “abuse”, abuse of authority or official powers 361,362 articles of the Criminal Code of the Republic of Kazakhstan shall be subject to criminal liability. So that, customs officers are not allowed to engage in business activities. Customs Code, the customs official’s addition to his service to the objectives of teaching work, research or other creative to engage in activities that are permitted. If they are illegal business activities that it carries out directly or through a representative involved in the management and control such actions by themselves to the enterprise, benefits, or privileges, or affects the other and take care of criminal responsibility in accordance with Article 364 of the Criminal Code of the Republic of Kazakhstan involved.

This reduces the scale of corruption in our country today, the need for preventive measures. The law on corruption related to the implementation of these measures of democracy, transparency and control over the management of the state is to expand and strengthen the people's confidence in the country its structures, to promote access to public service professionals, aimed at creating conditions for the integrity of the state performing tasks of people.

My suggestion, that a number of measures to reduce the scale of corruption also consider the social and material status of civil servants, as well as personnel classification and certification of the public service and a source of income if the height, of course, the responsibility for these services is the representatives of the government debt would increase. Any government employee's home, place of residence, country, language, patriotism, honesty, and ethics need to create a sense of consciousness.

Use your powers of customs crimes, is that the customs officials, for his service as the person carrying out customs and border control officials must be punished. In the practice of forensic investigation to analyze the behavior of some of the difficulties that may arise. Flip a sign of respect for the customs officials who committed the crime because of criminal responsibility for the crimes described in other directions.

The customs authorities of the above definitions of functional activity contribute to the whole as the subject of the customs-related crimes. Prevention of crime in this area, in particular custom officers abuse their powers to commit a crime through the strict enforcement of the criminal law in the case of normal rotation, it is possible to achieve results.

References:

1. Nautiyev B. Customs issues of crime prevention. Scien.project. conference (November 8, 2012 412-414 pages)

2. Criminal Code of the Republic of Kazakhstan No. 226-V on July 3.

3. Ph.D Ergeshkyzy Gulnaz “Within the framework of the Conference on Interaction and Confidence Building Measures in Asia to combat illicit trafficking in narcotic drugs and their precursors in some aspects” article published in the portal http://www.rusnauka.com/10_DN_2012/Pravo/13_105984.doc.htm.

4. The customs authorities of the Republic of Kazakhstan, 2014, law enforcement www.customs.kz /.../ results of the results of the + 1 + sq. + 2014 + g..docx ...

5. Absence of customs border between Kazakhstan and Russia will open new opportunities for drug carriers inform.kz/rus/article/2685114 - Astana. Kaz Akparat.

6. About the experience of the Supreme Court of the Republic of Kazakhstan plenum on the application of the law on criminal responsibility for smuggling Resolution № 10 dated July 18, 1997.

7. From the Message of the President of the Republic of Kazakhstan Nazarbayev N.A. from the September 30, 1998,.

8. Daurenbekov Zh.K. Customs service and its place in the prevention of crimes. University Bulletin, a series of law. 2008. №2 65-68.