Peculiarities at the Russian-Estonian border

The procedure of direct crossing of Russian-Estonian border is additionally regulated by the Ruling of the RF Government of 14.02.2002 no. 107 ‘On signing of agreement between the RF Government and the Government of Estonian Republic on Russian-Estonian border-crossing points', which in particular stipulates:

1. The routine of financing, whereby the financing of complex construction (reconstruction), improvement, technical equipment of Russian-Estonian state border-crossing points, and creation of transport, engineering and social utility infrastructure is performed at the expense of the administrations of the Leningrad and Pskov Regions.

2. And the list of bilateral and multilateral border-crossing points.

By the Decree of the Federal Customs Service of 22.11.2006 no. 1208 (RF Ministry of Justice ref. of 20.12.2006 no. 8642) the ‘Routine of tacit declaration of goods by persons' was established, which stipulates peculiarities of declaration of goods subject to oral declaration, through performance of actions evident to the absence of goods subject to written declaration in the luggage and accompanied baggage of the person, as well as the absence of such goods in the unaccompanied baggage. The routine also establishes the peculiarities of improvement and signage at the special passage sites for persons who have chosen to tacitly declare the goods carried. In particular, for persons transferring goods across the RF customs border to utilize the tacit declaration principle, at the RF state border-crossing points human transit passageways are provided - the ‘red' and the ‘green' channels (two-channel system) - where the special signage allows a person crossing the RF customs border to independently choose the form of declaration and the relevant channel for customs clearing and control of the goods transferred by this person. The procedure of import and export of certain goods to and from Estonia is determined by the legislation of Estonia.

Transfer of foreign currency

The routine of transfer of foreign currency and other currency values across the RF customs border is regulated by the legislation of the Russian Federation on foreign currency regulation and control, and by the Customs Code of the Russian Federation.

According to clause 3 article 15 FL of 10.12.2003 no. 173-FL ‘On foreign currency regulation and control', in the event of non-recurrent export from the RF by persons (residents and non-residents) of foreign currency cash in the amount equal or not exceeding the equivalent value of US $3,000, the foreign currency cash exported shall not be subject to declaration to customs agency. In the event of non-recurrent export from the RF by persons (residents and non-residents) of foreign currency cash in the amount exceeding the equivalent value of US $3,000, the foreign currency cash exported shall be subject to declaration to customs agency through filing in of a written declaration of the entire foreign currency cash sum exported.

Article 286 of the RFCC stipulates the routine to declare goods transferred by persons across the RF customs border, whereby the goods carried by a person younger than 16 years shall be declared by one of the parents, a foster parent, a custodian or a trustee accompanying such person, and upon an organized departure (arrival) and the return (departure) of a group of persons underage not accompanied by parents, foster parents, custodians or trustees - by the supervisor of such group.

In the event a person younger than 16 years is traveling not accompanied by persons specified, he or she shall have the right to transfer across the RF customs border goods and cash not subject to compulsory written declaration.

Thus, according to the Federal Law of 10.12.2003 no. 173-FL ‘On foreign currency regulation and control', and by the Customs Code of the Russian Federation, persons younger than 16 years crossing the RF customs border unaccompanied by adults shall have the right to export foreign currency cash in the amount not exceeding the equivalent value of US $3,000, which is reflected in the Letter of the Federal Customs Service of 22.03.2005 no. 01-06/8497 ‘On transfer of foreign currency cash by persons under the age of 16'.

Personal search

The form of personal search of the human traffic crossing the RF state border is stipulated in article 373 of the RFCC and approved by the Decree of the RF State Customs Committee of 20.10.2003 no. 1165 (RF Ministry of Justice ref. of 13.11.2003 no. 5226). In particular, personal search as an exceptional form of customs control may be performed on decision of the head of the customs agency or his or her deputy, when there are grounds to assume that a person crossing the RF state border and transiting through the customs control zone or an open or international airport transit area is concealing and is not voluntarily disclosing goods prohibited for accordingly import into the RF customs territory or export from this area, or goods transferred with violation of the routine established by the current Code.

The decision as to conduct a personal search is made the head of the customs agency or his or her deputy in written form through a resolution to the report of the customs official, or is filled out as a separate enactment. Prior to the personal search the customs official is obliged to announce the decision as to conduct the personal search to the person, to familiarize the person with his or her rights and responsibilities during such search and to offer to voluntarily disclose the goods concealed. The fact of the person's familiarization with the decision as to conduct personal search is confirmed by the person to be searched via his or her written confirmation on the decision to conduct such search. In the event the person refuses to be subjected to such actions, this is marked on the decision to conduct personal search, certified by the signature of the customs official who announced the decision as to conduct personal search. Personal search is conducted by the customs official of the same sex with the person subject to search and in presence of two line-up witnesses of the same sex in an isolated venue corresponding to sanitary and hygienic requirements. Access of other people to the said venue, as well as opportunity for other people to watch the process of personal search must be excluded completely. Examination of the body of the searched must be performed solely by a medic, who shall not be entitled to refuse to perform according to the decision of the customs official or his or her deputy as to conduct personal search.

Personal search of a person underage or a disabled person can be participated by his or her legal representatives (parents, foster parents, custodians or trustees) or persons accompanying the searched. Personal search must be performed in a correct form barring humiliation of dignity or inflicting lawless harm to health and property of the searched within the limits necessary to disclose the goods concealed by the person.

The person searched (his legal representative) in the course of personal search shall perform as legally required by the customs official running the search, and be entitled to:

• demand announcement of the decision of the head customs official or his/her deputy as to conduct personal search;

• familiarize with his/her rights and responsibilities;

• explain and petition;

• familiarize with the deed of personal search on completion of its compilation and make claims to be integrated into the deed;

• use native tongue, as well as utilize an interpreter's services;

• appeal against actions of customs officials upon completion of the personal search, if the said person considers his rights and lawful interests to be impaired in the course of the personal search. The personal search is summarized in the deed, which is signed by the customs official who performed the search, the person subject to the search (or his/her liable representative), line-up witnesses, and in the event of examination of the body of the search - by the medic. The second copy of the deed is to be transferred to the person searched (or his liable representative).

General conclusions

Resulting from the legislation monitoring performed in the sphere of RF state border-crossing regulation it should be noted that the border guard and customs control in Russia is executed in strict accordance with the international norms of human and civic rights' observance within the context of the existent bilateral Agreement between Russia and Estonia following the principle of parity of the national legislations.

To identify the ‘vicious circles' in the sphere of regulating this issue, as well as to inform of the issues and problems in the course of direct procedure of border-crossing, and consequently to introduce proposals to improve the current mechanism of this legal procedure is not viewed as possible due to the absence of instances of negative legal precedents within this scope.