On the concept of official person of custom authority of the Kyrgyz Republic

The author of the article, making clear the correlation of the concept official personof the custom authority with concepts state customs service and employee of the customs authority, has noted that there exist twopoints of view on this issue. From the first point of view the above-indicated concepts are not equivalent. From the second point of viewthey are equivalent and interchangeable concepts. Supporting the second point of view, the author has motivated that in the legislation ofthe public service in custom authority of the Kyrgyz Republic they have been used an equivalent and interchangeable concepts. Hereinafterthe author has written about importance of the official person concept of custom authority, indicating its role in the state officialrelations. It has been noted that there is no united concept of the official person in the legislation; and reasons of that would be the lackof united criteria of the official person concept elaborated by representatives of different law sciences. The author has studied variants ofofficial person concepts given by the researchers of the Soviet and modern times. He has analysed articles of the Criminal Code and theCode of Administrative Liability of the Kyrgyz Republic, where the official person concept is been given, and the Resolution of theSupreme Judicial Court №15 of September 27, 2003, where explanation on using the notes to Chapter 30 of the Criminal Code aregiven. Characterizing the official person concept, the author has paid attention to such features as arrangement activities entailing judicialconsequence not only for the official person but also for custom authority, occupying position in the custom authority and realizationof organizational, administrative, control and juridical functions. The following definition of the official person of custom authorityof the Kyrgyz Republic is given: it is a person occupying positions in custom authority with powers provided by the state, having a rightto its realization to commit activities entailing judicial consequence and realizing organizational, administrative, control and juridicalfunctions. The author has suggested adding the definition into the Law of the Kyrgyz Republic On Service in the Custom Authority ofthe Kyrgyz Republic.

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