Article 196. Personal inspection

Personal inspection shall be conducted in relation to an individual crossing the customs border and located in a customs control zone or a transit zone of an airport open for international traffic.

A customs authority official shall conduct personal inspection if there are grounds to believe that an individual hides and chooses not to present goods that are prohibited from being imported into or exported out the customs territory or goods moved in violation of the procedure established by this Code.

Head of a customs authority or a deputy shall issue a written decision to conduct personal inspection.

Before personal inspection, a customs authority official must:

inform the individual of the decision to conduct personal inspection;

familiarize an individual with his rights when conducting personal inspection;

offer to voluntarily present goods hidden by an individual.

If an individual rejects personal inspection, a record shall be made on a written decision to conduct personal inspection with a signature of a customs official who announces the decision to conduct personal inspection.

If an inspected individual does not follow or resists fulfillment of the legal requirements of a customs official, these actions shall serve as the basis for administrative detention of the said individual according to the legislation on administrative responsibility.

A customs authority official of the same sex than a searched individual shall conduct personal inspection in presence of two witnesses of the same sex in an isolated room that meets sanitary and hygienic requirements. Access to this room by other individuals and observing a process of a personal inspection shall not be allowed. Only medical personnel can conduct examination of a body of a searched individual, if necessary, using special medical equipment. If necessary, an interpreter shall participate during personal inspection.

Legal representatives (parents, adoptive parents, custodians, caregivers) or accompanying individual can be present during personal inspection of a minor or disabled individual.

Personal inspection shall take place within the scope necessary for detection of goods hidden by the inspected individual and in a form that excludes humiliation of the honor and dignity of an individual and harm to health and property.

The searched individual or his legal representative or accompanying individual shall have the following rights during personal inspection: