Often guests of shops, service organizations, company territories are faced with the requirement of the administration to hand over the bag at the entrance, or open and show its contents at the entrance or exit. Are such requirements legitimate?
What requirements do entrepreneurs in most cases place on buyers and guests?
When visiting a hypermarket or other protected facility, you may encounter the following requirements:
Handing over of bags and other personal items to the left-luggage office. Presentation at the entrance of products purchased in other places. Presenting of the bag for inspection at the exit. Requirement to lay out the contents of the bag and pockets. Ban on entry with the bag. Ban on entry with products acquired in other places .Checking the correspondence of the stamped check and the quantity of the product removed from the store. Presentation of the vehicle for inspection upon arrival at the guarded area and departure from it.
In most cases, entrepreneurs indicate the following as the motive for such requirements:
The fight against theft of goods. Prevention of collusion with sellers for theft. The ban on the use or use in their institution of products purchased elsewhere. Ensuring safety.
In what cases does the law allow searches and searches?
Search and search of personal belongings of citizens is allowed only in cases expressly provided by law.
Article sixteen of the Code of the Republic of Kazakhstan on administrative offenses indicates that no one may be subjected to personal search and search of the things that are with him except on the grounds and in the manner established by this code.
Personal search and inspection of things in accordance with Article six hundred twenty six of the Code of Administrative Offenses of the Republic of Kazakhstan is carried out in relation to a person who has committed an administrative offense (for example, petty theft in a store) in order to detect tools or objects of its commission.
A similar procedure in article one hundred thirty-five of the Code of Criminal Procedure of the Republic of Kazakhstan is referred to as "personal search of a detainee". It applies in cases in relation to a person detained on suspicion of committing a crime, when there is reason to believe that he has a weapon with him or will try to free himself from evidence that incriminates him in committing a crime, or in other necessary cases.