On the work of the Vitebsk Customs and the state of prosecutorial supervision over its activities for 11 months of 2016.
1. For 11 months of 2016 (the same period in 2015), 738,441 (739,477) persons and 398,405 (391,803) vehicles crossed the border in both directions within the area of responsibility of the Vitebsk Customs.
2. 114 (39) reports of crimes were registered.
The number of pending reports at the beginning of the reporting period is 0.
3. For 11 months of 2016, 115 reports of crimes were reviewed, resulting in 65 decisions to refuse to initiate criminal cases (2 under Part 1 of Article 231 of the Criminal Code, 16 under Part 2 of Article 228 of the Criminal Code, 46 under Part 1 of Article 328 of the Criminal Code, 1 under Part 1 of Article 333 of the Criminal Code), 10 criminal cases were initiated: 1 under Part 1 of Article 228 of the Criminal Code, 4 under Part 2 of Article 228 of the Criminal Code, 4 under Part 1 of Article 231 of the Criminal Code (including 1 criminal case based on a report from 2015), and 40 materials were transferred for investigation.
For 11 months of 2015, 40 reports of crimes were reviewed, resulting in: refusal to initiate criminal cases for 11 reports by the Vitebsk Customs (9 under Part 1 of Article 231 of the Criminal Code, 1 under Part 1 of Article 228 of the Criminal Code, 1 under Part 2 of Article 228 of the Criminal Code), initiation of criminal cases for 21 reports by the Vitebsk Customs (2 under Part 2 of Article 228 of the Criminal Code, 19 under Part 1 of Article 231 of the Criminal Code), and 8 materials were transferred for investigation.
4. Criminal cases transferred for investigation after urgent investigative actions were completed – 10 (20).
5. Persons detained under Article 108 of the Code of Criminal Procedure – 0 (2).
6. The number of administrative offense cases for which the customs has completed their preparation for review – 2733 (3250).
7. The value of goods and vehicles that are the subject of administrative offenses, which were seized for 11 months of 2015 and 2016 – 0; seized to recover fines and apply additional recovery measures – 863,318.55 denominated rubles (in 2015 – 1,441,943,000 non-denominated rubles); goods and vehicles worth 12,896,168.59 were confiscated.
8. The value of goods confiscated by the court and the amount of the recovered value of items of an administrative offense – 8,971,191.26 denominated rubles (136,564,071,715 rubles).
9. The value of goods converted into state revenue, based on materials related to the administrative offense case and submitted to the court in accordance with paragraph 1 of part 3 of Article 10.27 of the Code of Administrative Procedure (due to the failure to identify the person subject to administrative liability) – 4,165,401.73 denominated rubles (101,453,972,890 non-denominated rubles).
10. Customs work on detecting psychotropic substances (narcotics) and cigarettes in accordance with the issues in paragraphs 2-9.
2) 66 (2) reports on narcotics and psychotropic substances, and 4 (7) reports on cigarettes have been registered.
The balance of pending reports at the beginning of the reporting period is 4 (psychotropic substances).
3) For 11 months of 2016, the Vitebsk customs office refused to initiate criminal cases based on 63 reports (16 under part 2 of Article 228 of the Criminal Code, 46 under part 1 of Article 328 of the Criminal Code). Criminal cases were initiated by the Vitebsk customs office based on 5 reports under parts 1 and 2 of Article 228 of the Criminal Code. 4 materials concerning cigarettes were transferred for investigation. The balance at the end of the reporting period is 0.
For 11 months of 2015, 9 reports of crimes were considered, resulting in the following: the Vitebsk customs office initiated a criminal case under part 2 of Article 228 of the Criminal Code based on 1 report, refused to initiate a criminal case – 1 (under part 2 of Article 228 of the Criminal Code), and 7 materials concerning cigarettes were transferred for investigation.
4) Criminal cases were transferred for investigation after urgent investigative actions were completed – 4 (1).
5) Persons detained under Article 108 of the Code of Criminal Procedure – 0 (1).
6) The number of administrative offense cases concerning illegal movement of cigarettes, for which the customs office has completed their preparation for consideration – 108 (78).
7) The value of goods and vehicles that are the subject of an administrative offense and have been seized for 11 months of 2015 and 2016 – none; cigarettes seized to the value of 920,082.18 denominated
rubles (15,060,761,517 nondenominated rubles).8) The cost of cigarettes confiscated by the court for 11 months of 2016 is 897,709.02 denominated rubles, for 11 months of 2015 is 14,583,853,114 nondenominated rubles.
9) The cost of goods (cigarettes) converted into state revenue, based on materials related to an administrative offense case and sent to court in accordance with clause 1 of part 3 of article 10.27 of the PIKoAP (due to the failure to identify the person subject to administrative liability) – 11 months of 2016 – 179,780.76 denominated rubles, 11 months of 2015 – 564,098,300 rubles.
For 11 months of 2016, 60 (1) materials were sent to court on the facts of moving medicinal products containing psychotropic substances.
2. Work of the transport prosecutor's office in the sphere of supervision over the enforcement of legislation in customs authorities
2.1.
|
No. |
11 months of 2016 |
11 months of 2015 |
|
Inspections conducted |
6 |
3 |
|
Submissions filed |
3 |
2 |
|
Orders issued |
2 |
1 |
|
Protests lodged |
5 |
3 |
|
Officially warned warned |
4 |
4 |
|
Brought to disciplinary responsibility |
13 |
0 |
|
Brought to administrative responsibility |
0 |
2 |
|
Brought to material liability of individuals (amount) |
0 |
0 |
|
Brought to material liability of legal entities (amount), |
1 (194309.50 rubles) |
0 |
|
Criminal cases initiated based on inspection results |
0 |
0 |
|
Claims filed with economic courts |
0 |
0 |
|
Claims filed with general courts |
0 |
0 |
2.2. In addition, 10 (21) criminal cases initiated, 69 (42) materials on refusal to initiate a criminal case, 815 (526) cases of administrative offenses were studied.
When studying materials on refusal to initiate a criminal case, 2 (10) illegal decisions were canceled, with the materials sent for additional verification. Based on the results of the additional verification, 2 (9) criminal cases were initiated.
In 2016, based on the results of studying materials on refusal to initiate a criminal case, a representation was made to the head of customs on eliminating violations of criminal procedure legislation.
3. In the analyzed period of 2016 (the same period in 2015), 21 (16) appeals from citizens and legal entities were received, including 3 (4) appeals from citizens, 18 (12) appeals from legal entities (all regarding the actions and decisions of officials of the Vitebsk Customs).
4. There are no problematic issues in the work of the customs office and in the supervision of the implementation of customs legislation.
Deputy Vitebsk Transport Prosecutor
Sashcheko Mikhail Alexandrovich