About requisitions and confiscations.

Collection of legalizations and orders of the government for 1921, Administration of the Council of People's Commissars of the USSR M. 1944, pp. 61-68.

Article 37.

Decree of the Council of People's Commissars .

About requisitions and confiscations.

In addition to and development of the decree of the Council of People's Commissars of April 16, 1920 on requisitions and confiscations ( Collection of Uzak. 1920, No. 29, art. 143 ) and the resolution of the Council of People's Commissars of July 25, 1920 (Izvestia of the All-Russian Central Executive Committee of 25 / VII 1920 No. 163) The Council of People's Commissars decided:

A.

1. In the order of Art. 7 of the Decree of April 16, 1920, the following values ​​held by individuals and societies without proper permission are subject to confiscation:

a) platinum, gold and silver coins, regardless of the number of them;

b) gold, silver, platinum and platinum group metals (osmium, iridium, ruthenium, etc.) in ingots and in raw form, regardless of the number of such;

c) interest-bearing securities, except for those which, on the basis of special decrees, have been assigned circulation on an equal basis with banknotes;

d) diamonds, diamonds and other precious stones in total over three carats per person and pearls over five spools.

2. Items made of precious metals are subject to requisition if their total weight exceeds the following norms permissible for personal consumption and household use per person:

a) for gold items - 18 gold spools;

b) for items made of silver - three pounds.

Note 1. Only surpluses in excess of the norms specified in clauses are subject to confiscation and requisition. "A" and "b".

Note 2 . Those items of gold, silver and platinum in which the main and essential parts do not consist of precious metals, and the latter constitute only an insignificant accessory (for example, a gold watch, glasses in a gold frame, etc.), are not subject to requisition.

Scientific instruments and instruments made of precious metals are also not subject to requisition.

3. In the event that private individuals are found to have significant amounts of money that arouse suspicion of speculative acquisition, they must be forcibly deposited into the owner's current account with the state treasury until the People's Court resolves the issue of their origin.

4. For all things, valuables and money discovered in the manner of this resolution (Articles 1, 2 and 3), an act of arrest is drawn up immediately, in which a detailed inventory of everything discovered is accurately recorded, and in relation to banknotes, the amount of money is indicated, and also their samples, in relation to precious metals and precious stones - their weight and in relation to interest-bearing dividend securities - their name, the par value indicated in the paper itself, and the dates of the first and last coupons. The confiscated items are transferred within three days according to the act, the inventory to the nearest cash office of the People's Commissariat of Finance, and in the capital - to the State Depository of Valuables.

5. The State Depository in Moscow and the Cashier's Office of the People's Commissariat of Finance in the field, having received the values ​​indicated in the previous article (4), verify, in accordance with the act of arrest, the exact weight of the received metal values, as well as the quantity, kind, sample of money and interest-bearing securities, and within three days, send a copy of the arrest certificate along with their conclusion and with a visa of the representative of the Workers 'and Peasants' Inspection to the Collegium of the People's Commissariat of Finance (in Moscow) or to the Finance Department of the Provincial Executive Committee.

6. The People's Commissariat of Finance or local Finance Departments, having received the act of arrest, decide within a week which parts of the arrested valuables specified in Art. Art. 1, 2 and 3, are subject to requisition, confiscation or deposit in the checking account to the owner and which are to be returned to the owner. Evaluation and payment of the requisitioned person is made in accordance with Art. Art. 6, 7 of the Instruction issued by virtue of the footnote to Art. Decree 8 April 16, 1920.

B. About requisition and confiscation of medical and pharmaceutical property.

7. The People's Commissariat of Health is granted the right to requisition and confiscate items and property necessary to meet the needs related to the protection of public health.

Property and objects that can serve for the purpose of health care (Article 7) are recognized as:

a) items of sanitary-technical, sanitary-hygienic and bacteriological equipment, disinfection devices and means;

b) medical and household equipment of medical institutions and diagnostic laboratories;

c) items of pharmacy equipment, pharmaceuticals and dressings;

d) medical instruments (surgical, dental instruments, X-ray and electromedical devices and accessories to them, etc.), patient care items.

Note . Property and items from among those listed in this article, necessary for the professional activities of medical personnel within the limits established by the People's Commissariat of Health, are not subject to requisition and confiscation. The property of private and medical institutions, laboratories, etc., whose activities are recognized by the People's Commissariat of Health as useful in the interests of health, are also exempt from requisition and confiscation in the amount determined by the People's Commissariat of Health in each individual case.

8. The right to requisition and confiscation of items specified in Art. 7th, is carried out by the Board of the People's Commissariat of Health, both directly and through its local bodies, which are guided by the rules issued in this regard by the People's Commissariat of Health. The procedure for requisition and confiscation and the procedure for assessing and paying remuneration in the event of requisition are determined by the instructions issued by virtue of the note to Art. 8 Decree April 16, 1920.

Note . The property of persons called up for military service is not exempt from the effect of Art. Art. 7 and 8 of this decree.

C. On the exercise of the right of requisition and confiscation by the People's Commissariat of Education.

9. The People's Commissariat of Education is granted the right to requisition and confiscate:

a) antiques or art objects exported abroad without permission, as well as abandoned by the owner;

b) scientific museums, collections, classrooms, laboratories, installations, devices, libraries, visual aids, textbooks and scientific teaching aids;

c) theatrical performances of artistic and historical significance (models, costumes, scenery, etc.);

d) musical instruments and accessories to them;

e) items of religious worship that have historical or artistic significance.

Note . Items listed in Art. 9, necessary for the professional activities of the teaching staff of higher and secondary educational institutions, as well as for scientific studies of persons performing scientific and scientific-practical tasks of state institutions, are not subject to confiscation and requisition. Also not subject to requisition and confiscation are objects of religious worship, although they have historical or artistic significance, located in churches and prayer institutions of all denominations.

10. The People's Commissariat of Education exercises the right to requisition and confiscate the items specified in Art. 9, directly or through your local authority. The procedure for arrest, confiscation, requisition, property valuation, and payment of remuneration is determined by a decree of April 16, 1920 and issued by virtue of a note to Art. 8 Decree Instruction.

D. On confiscation by customs authorities.

11. Confiscation by customs authorities is subject to:

1. Goods recognized as contraband, that is, those that, contrary to the decrees of December 29, 1917 ( Collection of Uzak. 1918, No. 14, article 197 ) and 22 April 1918 ( Collection of Uzak. 1918. No. 33. Article 432 ) on the nationalization of foreign trade, are exported from the Russian Republic or imported into the Republic without the permission of the People's Commissariat for Foreign Trade.

2. Goods, money and all kinds of items, in excess of those permitted for import or export, hidden from customs control by persons traveling abroad or from abroad by some trick or discovered during a personal examination of these persons.

3. The following items, even if not hidden from customs control, if found on persons traveling abroad:

a) weapons, items of military equipment, field binoculars;

b) all items and values ​​specified above in Art. Art. 1, 2 and 3 of this decree, if there is no special permission for their export from the International Settlements Department of the Commissariat of Finance or if there is no special international agreement for their export;

c) all kinds of documents of a property nature regarding real estate located in Russia (acts on the sale of real estate, on donation and approval of inheritance, etc.);

d) documents harmful to the Russian Republic in political and economic terms;

e) foreign currency, except for those cases when the export of it is authorized by the International Settlements Department of the People's Commissariat of Finance;

f) items of artistic and antique value, for the passage of which the proper permission of the People's Commissariat for Foreign Trade has not been presented;

g) all rationed items in excess of admitted food items of no more than 10 pounds per person, including ½ sugar and 5 pounds of baked bread, and no more than ¼ pound tobacco or 200 cigarettes, one bar of toilet soap, or ½ pound of plain soap on one face.

4. International and postal parcels with attachments not allowed for import and export of items, if this attachment is not shown correctly by its name in the mail declaration.

Note . Goods and various things that are not allowed for carriage, if they are not, are hidden from customs control by persons traveling from abroad, or constitute an attachment of a postal parcel correctly shown in the declaration - are allowed to be taken back abroad. But goods, items and money hidden from customs control, allowed for storage inside Russia, but not allowed for export abroad, are taken from persons traveling abroad, but are subject to return to their owners or their agents for use inside Russia within a specified period ( one month for the return of goods and items and three months for a refund).

12. Goods, money and all kinds of items subject to confiscation in accordance with the previous article may be found either in the area of ​​operation of customs institutions when transporting and carrying the aforementioned goods, money and items through these institutions or outside the customs area when secretly transporting and carrying these goods, money and items other than the customs office.

13. To detect smuggled goods, secretly brought from abroad or intended for secret export abroad, customs officers have the right to conduct searches and seizures within the 7 verst border strip in all cases where there is suspicion of concealing smuggling. Outside the boundaries of the designated strip, searches and seizures are carried out by customs officers only with the participation of the criminal or general police on a general basis.

14. All contraband goods detained outside the area of ​​operation of customs institutions by customs officers or any other persons must be delivered together with their carriers and carriers to the nearest customs office, after drawing up a protocol at the place of detention of the goods indicating the following information: time and place of drawing up the protocol, by whom, when and where the violation of decrees on the nationalization of foreign trade or other decrees and regulations was discovered, what does it consist of (in secret transportation or in an attempt to secret transportation of goods), name, patronymic and surname of the owner of the goods, attesting witnesses and witnesses of the violation , descriptions of the type of each trade item, marks, seals and the gross weight of the goods, as well as the owner's testimony about whether the goods belong to him or to someone else and all comments made by the attesting witnesses and owners of the goods.

15. Upon delivery of the goods to the customs office, a detailed examination and inventory of these goods shall be carried out immediately in the presence of the detainees and detainees.

16. If items, valuables and money are discovered that are not hidden from customs supervision, but are not allowed to be stored inside Russia (Articles 1, 2 and 3 of this resolution), these things are taken away and dealt with in accordance with Art. Art. 4, 5 and 6 of this resolution.

17. The appraisal of the seized goods is carried out by the customs authorities simultaneously with the inspection, and in case of doubt about the value of the goods or a statement by the transporters or the owner of the goods of the dispute regarding the appraisal, knowledgeable persons are invited to participate in the proceedings of the latter.

18. Cases of smuggling are resolved in an administrative or judicial manner.

19. Administratively, that is, directly by customs authorities, cases of smuggling are resolved in cases where, in addition to confiscation of goods, only a pecuniary penalty is imposed in the amount of double the value of the goods.

20. In court, cases of smuggling are resolved in the following cases: 1) if, in addition to confiscation of goods and a pecuniary penalty, arrest and imprisonment are imposed, institutions.

21. When resolving contraband cases in the administrative procedure, the decisions of the customs institution in these cases must be declared guilty to persons with an indication of the period and procedure for appealing the decisions (Article 26).

22. In case of detention of goods without a carrier, a copy of the resolution of the customs office is posted at the door of the latter, and if within a week there is no complaint about the incorrect detention of the goods, then the resolution of the customs office shall be deemed to have entered into force and inappropriate appeal.

23. Detained goods in cases brought to court (except for the cases of Art. 16) remain in storage at the customs office and are transferred to the court at its request during the consideration of the case, after which they are returned to the customs office to enforce the court decision.

24. The goods presented to the customs office, subject to early spoilage, immediately after the inspection, inventory and assessment, and when they are recognized as contraband by the customs authorities, are placed at the disposal of the state. The rest of the detained goods come into the disposal of the treasury only upon the entry into force of the decisions of the customs institution or the People's Court on the confiscation of goods.

25. Confiscated goods, items and valuables coming into the disposal of the state are transferred to local distribution authorities, with the exception of 1) items specified in art. 11 p. 3 "b", "d", "d", which are transferred to the local cash offices of the People's Commissariat of Finance, 2) items of art, antiques and books (Art. 9), which are transferred to the People's Commissariat of Education (Art. 10), and 3) medical and pharmaceutical property (art. 7), which is transferred to the central and local authorities of the People's Commissariat of Health (art. 8).

26. Complaints may be filed with the General Directorate of Customs Control through customs authorities against decisions of customs authorities in cases resolved in an administrative manner within a month from the date of announcement of the decision.

Note . When goods are detained without a carrier, the appeal period is determined in accordance with Art. 22.

27. The decisions of the customs office can be canceled by the higher authority only in those cases when these decisions are found to be in violation of the current legal provisions.

28. Complaints are submitted to the General Directorate of Customs Control within seven days from the date of their submission to the customs office and are resolved by the General Directorate within 2 days from the date of receipt of the complaint. The decision of the General Directorate of Customs Control is announced to the interested parties through the customs office to which the complaint was submitted.

29. Complaints in the administrative procedure are not allowed against the decision of the customs institution on the detention of contraband goods in cases already brought to court proceedings; the defendants' objections to the said decisions are subject to appeal to the appropriate Court.

30. The decisions of the General Directorate of Customs Control are final and not subject to appeal.

E. Regulations on the law and procedure for the production of requisitions by the Military and Naval Departments.

31. Requisition is made:

1) during the period of mobilization by order of the civil authorities, in accordance with the mobilization plans previously developed by the District Military Commissariats;

2) in wartime:

a) on the territory of the R.S.F.S.R. in areas subordinate to the Revolutionary Military Council of the Front or a separate army, in enemy areas occupied by the law of war, as well as in the territories of neutral states, when the latter is occupied by the enemy - by order of the military authorities;

b) in all other localities of the R.S.F.S.R. - by civil authorities.

32. The military authorities should request that requisitions be made:

a) on subjects within the terms of reference of the Food Commissariat and the Supreme Council of National Economy, to the local authorities of these departments and

b) in all other subjects to the Presidium of local Executive Committees.

33. Troops are prohibited from initiating requisition on their own.

34. When making requisitions, military units must provide civilian authorities with assistance in every possible way with transport means, work teams, etc.

35. All requisitioned is transferred by the troops according to the documents established for the receipt of products from the warehouses and stores of the Military Department.

36. When paying local residents for requisitioned by the military authorities, no documents are issued to civilian agencies.

37. Products and items received from civilian bodies must be registered for the parish, and the report on them is made on a general basis.

38. In areas subordinate to the Revolutionary Military Council of the front or a separate army, the military authorities are not allowed to make any requisitions without the order or approval of the mixed Commissions, consisting of: a chairman appointed by the Extraordinary Commissioner of the Council of Labor and Defense for supplying the front or army, and one representative each from the District Food Committee of the front or army, the Revolutionary Military Council of the front or army and a representative of the local Executive Committee.

39. In the absence of the bodies of the mixed Commission on the spot or when communication with them is broken, the military authorities are allowed to make requisitions on their own, immediately reporting this to the local mixed Commission.

40. The right to assign the requisition referred to in § 39 is granted to military commanders starting with the division commander and above.

41. Regardless of this, the head of any detachment, not excluding small teams and patrols or a military unit, who has completely lost contact with his troops and acts separately, in case of impossibility to prepare in other ways everything necessary to fulfill the task assigned to him to provide the entrusted detachment or unit with allowance, and if it is impossible to request a timely permission to make a requisition, he is obliged to apply the requisition. The said chiefs inform about the reason and amount of requisition on command at the first opportunity.

42. When making any kind of requisition, both in areas subordinate to the District Military Commissariats and the Revolutionary Military Council of fronts or individual armies, the military authorities are obliged to strictly monitor the protection of the rights and property interests of the working population.

43. Requisition in the enemy's sphere of influence is carried out subject to the above conditions, but under the cover of troops, and in this case a special person is appointed to whom both the head of the cover and the person directly performing the requisition are subordinate.

44. The head of the cover receives instructions from a person specially appointed for the production of requisition about the area designated for the requisition, about the time of the performance and information about the enemy, and during the production of the requisition - about the degree of success in its implementation. In turn, the head of the cover informs the designated person about the danger threatening the requisition unit.

45. The head of the cover is responsible for the safety of the requisition unit both during the production of the requisition and on the way to the area designated for the production of the requisition and back.

E. Confiscation by the Post and Telegraph Office.

The People's Commissariat of Posts and Telegraphs is granted the right to confiscate: in accordance with the decree of April 16, 1920 ( Collected Uzak. 1920, No. 29, Art. 143 ) the following property:

46. ​​Telegraph, telephone, radio-telegraph apparatus and accessories.

47. Telegraph tools and machine tools for the production of linear works and the production of spare parts for telegraph devices and their repair.

48. Telegraphic tape.

49. Money circulating in the Republic, in cases of sending the latter in postal items, in which such transfer is not allowed.

50. Miscellaneous items, the transfer of which by mail, on the basis of the current postal rules, is prohibited, in cases of detection of the latter in the mailings.

51. The right to confiscate items specified in Art. Art. 46-51, is carried out by the People's Commissariat of Posts and Telegraphs or its local authorities, which are governed by special rules issued by the People's Commissariat of Posts and Telegraphs in accordance with the decree of April 16, 1920 and the Instruction issued by virtue of a note to from. 8 of the named resolution ( Collected Uzak. 1920, No. 65, p. 288 ). When confiscating money (Russian and foreign), as well as chain papers, one must proceed in accordance with Art. 4 of this resolution.

Signed by:

Chairman of the Council of People's Commissars V. Ulyanov (Lenin).

N. Gorbunov, Administrator of the Council of People's Commissars .

Secretary L. Fotieva .

January 3, 1921.