From today, border guards have the right to carry out superficial checks of persons, things, vehicles
The Verkhovna Rada amended the Law of Ukraine “On the State Border Guard Service of Ukraine” to improve the procedure for the use and application of coercive measures, military equipment and weapons by the personnel of the State Border Service of Ukraine. The changes were officially published in the newspaper “Voice of Ukraine” and come into force today.
Border guards have the right to carry out, on the grounds and in the manner established by law, visual inspection of persons, things, goods (cargo), vehicles (surface inspection), as well as personal inspection of detained persons and inspection and, if necessary, seizure of things that may be material evidence or cause harm harm to human life and health.
The Law of Ukraine “On the State Border Guard Service of Ukraine” is supplemented by the article Art. 121-7 “Grounds and procedure for surface inspection”.
In accordance with the amendments, surface inspection is carried out on persons, things, goods (goods) and vehicles that are in the controlled border area, at the checkpoint (checkpoint) across the state border of Ukraine or the entry-exit checkpoint.
Surface inspection can be carried out in the following cases:
1) in case of violation by a person or an attempt by a person to violate the border regime, the regime at the checkpoints (checkpoints) across the state border of Ukraine, the regime at the entry and exit checkpoints or harm the national security interests of Ukraine;
2) in the case of a person staying within the border zone without the appropriate authorization;
3) if there are grounds to believe that the vehicle contains an offender or a person whose freedom is illegally restricted;
(4) where there are grounds to believe that a person or vehicle has an object whose circulation is prohibited or restricted or which poses a threat to human life and health;
5) if a person's vehicle or thing is a means of committing an offense and/or is in a place where an offense could have been committed;
6) in other cases provided for by law or court decision.
Surface inspection consists in carrying out a visual inspection of a person, including carrying on the surface of the person's clothing with a hand, special device or device, as well as visual inspection of the person's belongings to check for the presence of items whose circulation is prohibited or restricted or which pose a threat to the life and health of such person or other persons.
It should be noted that a superficial check is not carried out in relation to persons who, in accordance with the law, enjoy the right of immunity or have diplomatic immunity.
The surface check is carried out by servicemen and employees of the State Border Guard Service of Ukraine of the same sex as the person in respect of whom such a surface check is carried out.
In urgent cases, a surface check can be carried out by any authorized official of the State Border Guard Service of Ukraine, provided that a special device or device is used.
The surface inspection of things or a vehicle is carried out by visual inspection or visual inspection of the contents of personal belongings, the cabin, trunk, the engine compartment of the vehicle and the cargo (goods and other objects) moved in such a vehicle, without interfering with their structural features and without violating their integrity packing capacity.
During the surface check, servicemen and employees of the State Border Guard Service of Ukraine have the right to demand to open a bag, backpack, briefcase, bag or other means of moving things, hood, trunk lid or cabin door of the vehicle, show the contents of the pockets of the clothes of the person in relation to whom the inspection is carried out, and the person is obliged to show, respectively, the contents of personal belongings, pockets, provide access to the structural elements of the vehicle, ensure the opening of the hood, trunk lid or doors of the vehicle, trailer, cargo ( container).
Note that the refusal of a person to fulfill the legal requirements of the border guard entails administrative responsibility provided for in Art. 185-10 “Malicious disobedience to a lawful order or requirement of a serviceman or employee of the State Border Service of Ukraine or a member of a public formation for the protection of public order and the state border” KUPAP.
In case of detection during the surface inspection of any traces of an offense, servicemen and employees of the State Border Guard Service of Ukraine must ensure their safety and immediately inform (verbally or in writing) about it to their supervisor.
Superficial inspection of goods and vehicles under customs control is carried out taking into account the legislation of Ukraine on customs matters. Inspection of vehicles and cargo during border control is carried out in accordance with the Law of Ukraine “On Border Control”.
Press service of the State Fiscal Service of Ukraine
