№3 2014
HISTORY OF CUSTOMS
M. M. Savchenko
Russian Customs Policy in theTimes of the First World War
The article deals with organizational, legal and institutional bases for the formation and implementation of Russian customs policy in the times of the First World War; defines the role of customs policy in the budget formation of the Russian Empire, meeting the needs of the army, navy, military economy.
Keywords: Russian customs policy; The First World War; customs tariff; autonomous tariff; trade agreement; right to most-favored nation.
ECONOMIC ASPECTS OF CUSTOMS ACTIVITY
V. E. Novikov
Interaction of the Prices and the Customs Duties in State Regulation of Economy
Theoretical bases of interrelation of customs duties and prices are investigated. It is shown that A. Smith and D. Ricardo’s theory of international trade doesn't take into account the influence of scientific and technical progress on structural changes in production and in this regard, on the possibility of increasing newly created value. The critical analysis of models for efficiency assessment of a customs tariff level, which don't consider the loss of state in the sum of added value, is given.
Keywords: customs duty; price; interaction; theory; value added; international trade; models.
A. Ya. Chernysh
The Principles of Customs Economics
The article considers the concept of “principle” – the main element of the development methodology of special area of human activity. Focus is on the analysis of groups of principles that define the formation of customs economics theory.
Keywords: customs economics; theory; principle; tariff regulation; non-tariff regulation; financial principles; international cooperation.
E. P. Kuprinov
Theoretical Bases of a Functional and Economic Assessment of Customs Information Products
The article deals with topical issues of the assessment of customs information products: their functions, the cost of development, usefulness and value for consumers. Theoretical provisions and recommendations are formulated and offered for discussion in the journal "Bulletin of the Russian Customs Academy".
Keywords: information products; usefulness; prime cost; cost; customs authorities; theoretical bases; functions; price; value.
T. M. Vorotyntseva
State Regulation in the Field of Import Quotas for Meat
The article substantiates the necessity of improving the procedure of quotas on import of meat into the customs territory of the Customs Union. It gives an analysis of the dynamics of resources, the necessity of quotas on the most sensitive groups of goods, identifies some problems of quota arrangement.
Keywords: non-tariff regulatory measures; the mechanism of import restrictions; the list of goods; which is essential; tariff quotas; procedure for calculating the volumes of tariff quotas.
LEGAL ASPECTS OF CUSTOMS ACTIVITY
S. A. Agamagomedova
Interaction of the Federal Customs Service with the Federal Service for Intellectual Property and Copyright Holders in the Implementation Mechanism for the Protection of Intellectual Property Rights by Customs Authorities
The author considers the formation and development of interagency cooperation of the Federal Customs Service and the Federal Service for Intellectual Property, as well as its impact on customs cooperation with right holders in the implementation of the mechanism of cross-border protection of intellectual property rights. In order to optimize this cooperation the simplifications for right holders are proposed, which would make administrative mechanism more efficient for the protection of intellectual property rights by customs authorities.
Keywords: FCS of Russia; Rospatent; the object of intellectual property, rights holder; cooperation; interagency cooperation; Customs Development Strategy.
E. I. Sidorov
Administrative Investigation of Customs Law Violations As a Form of Legal Process
The article is dedicated to the core issues of administrative investigation of customs law violations as a form of legal process. The author presented the legal features and processing aspects of the administrative investigation of customs violations.
Keywords: administrative investigation; customs law violations; Administrative Code of the Russian Federation; the Federal Customs Service; customs officers; judges; legality.
LAW ENFORCEMENT OF CUSTOMS AUTHORITIES
A. U. Kozlovskiy
Operative-Search Activity Principles for Russian Customs
The article defines the place of the special theory of operative-search activity of customs authorities in the system of operative-search science; proposes the classification of operative-search activity principles for Russian customs developed by the author.
Keywords: customs authorities; operative-search activity; operative-search science; special theory of operative-search activity of customs authorities; operative-search activity principles for customs authorities.
A. G. Nikolskaya
Criminal Law Characteristic of Illegal Transfer of Funds From the Russian Federation
The article analyzes the content of the grounds of criminal responsibility for carrying out currency operations on transfer of funds in foreign currency or currency of the Russian Federation to non-residents’ accounts with using false documents under Art. 193.1 of the Criminal Code of the Russian Federation. The author comments on the individual characteristics of the basic structure of the crime from the point of view of theoretical and practical problems of crime qualification.
Keywords: criminal responsibility; customs crimes; structure of the crime; conducting currency transactions; transfer of funds; Novels of criminal law.
A POINT OF VIEW
V. E. Burdin, L. D. Zaitseva, N. G. Lipatova
Comparative Analysis of the Customs Control Technologies Based On Mathematical Modeling
The article dealt with the process of creation and research of a mathematical model of customs control technologies, presents comparative assessments of the results of the analytical and simulation modeling of different variants of the modern customs control technologies.
Keywords: customs control; formalization; model; modeling; computer experiment; analysis; assessment; adequacy; simulation results.
Yu. N. Egorov
Creating the Concept of ISO 9000 Implementation with the Peculiarities of the Customs System Taken Into Account
In this article the issues of providing the quality requirements for Customs control are considered at the stage of their occurrence and in the process of their solving based on the analysis of materials on improving the quality of Customs authorities’ activity.
Keywords: quality; concept; requirements; nonconformity; customs control; customs authorities; problematic direction.
S. P. Zhdanov
Government Agency and Expert as a Participant in Forensic Activities
This article analyzes the concept of "government agency" and "expert" in the context of forensic activities of the Ministry of Interior, the Ministry of Justice, and the Federal Customs Service of Russia. Analysis showed the need to create special (complex) theory "Speciology" taking into account the needs of modern practice.
Keywords: expert; special knowledge; Federal Law "On the activity of the expert in the Russian Federation"; proceedings, operational and investigative activity; government agency; forensic activities; speciology.
V. G. Bespalko
Biblical Beginning of Ensuring the Stability of Criminal Law
The article raises the problem of the negative impact on legal relations and the public legal consciousness of instability of domestic criminal law and randomness of its development (including regulations of customs crimes). The author considers the stability of the criminal law as one of the most important conditions for stability social benefits protected by it. As an example of importance of the stable criminal law regulation mechanism, the ancient biblical experience of lawmaking is considered (the example of Deuteronomistic edition of Criminal Law of Moses presented in the book of Deuteronomy Old Testament). The most important principle of which was the firmness of criminal prohibitions, from ancient times to the present day defining the vision and legal consciousness of millions of people.
Keywords: criminal law; principles of criminal law; the history of criminal law; criminal law of the Old Testament; Moses criminal law; the Bible and criminal law; law and religion.
Yu. I. Somov
Systematic Economic Analysis and Synthesis of Customs Information Services
In this article a service is proposed as the economic system. The features of information services are proposed also. The procedure of creation of new information services is given. The author represents the example of economic estimate of information customs services.
Keywords: information service; producer services; consumer services; exchange; analysis of service; economic estimate of service.
TECHNOLOGY AND TECHNICAL MEANS OF CUSTOMS CONTROL
Yu. V. Malyshenko, G. A. Shtanov
Load Evaluation of X-ray Customs Inspection Systems
The article discusses the effectiveness evaluation of the X-ray customs inspection systems (CIS) as technical control system. The authors conclude that current indicators cannot objectively assess the intensity of using the CIS and propose to enter additional index – load factor, which allows planning and assessing the intensity of using the CIS more objectively.
Keywords: X-ray customs inspection systems; evaluation; availability; load factor.
E. G. Bormotova, N. G. Lipatova, I.I. Fedotkina
Customs Control Improvement: the Experience of Creating an Electronic Certification System of Goods Origin
In this article issues of the creation an electronic certification system of goods origin are considered; the structure of the system is proposed, general requirements and principles of its practical implementation in conditions of information interaction in the framework of the customs control are formulated.
Keywords: customs authority; authorized body; country of importation; country of exportation; tariff preferences; customs control; certificate; information system; information interaction.
V. F. Verbov, S. V. Martynenko
Fission and Radioactive Materials Revelation and Identification Scintillation Gamma-Detectors Application Prospects in the Customs Control Process
The article deals with the characteristics of the present and long-range scintillation materials to be used in gamma-radiation detectors for the customs control of fission and radioactive materials. The comparative analysis of the above mentioned devices is being made. The author describes probable trends of technical means for fission and radioactive materials customs control modification based on the new scintillation devices application.
Keywords: customs control; fission and radioactive materials; gamma-radiation; technical means; spectrometry; non-organic scintillation device; scintillation detector.
METHODOLOGY AND SCIENTIFIC RESEARCH METHODS
N.G. Lipatova
The Simulation System for Researching Processes of Customs Control
In the article the approach to building the simulation system was proposed for researching the processes of Customs control. The system is based on the aggregate method of formalization and time-based simulation mechanism with a random step (modeling for “special” situations). The proposed system may be used as a tool for researching the processes of Customs control and solving the problems connected with quantitative analysis and identification of bottlenecks in Customs control technologies.
Keywords: Customs control; simulation model; simulation system; tool; formalization; simulation algorithm.
LANGUAGE (TERMINOLOGY) ASPECTS OF PROFESSIONAL COMMUNICATION
E. V. Anikina, E. V. Krasilnikova
Terminological Aspects of Identification And Classification of Goods for Customs Purposes
The article analyzes the meaning of the terminology for the identification and classification of goods for customs purposes. It is discussed the features of the term, the requirements to the definitions. Much attention is given to the issues arising with the classification of goods under Foreign Economic Activity Commodity Nomenclature (FEACN) as a result of incorrect using the term and its definition in the different normative documents.
Keywords: term; terminology; definition; classification; identification; criteria for the identification.
E. I. Andreeva, A. E. Epov
Incorrect Translation of the Original Nomenclature As A Factor of Semantic Inaccuracies In Unified Combined Commodity Nomenclature of Foreign Economic Activity
It is analyzed some semantic inaccuracies in the Unified Foreign Economic Activity Commodity Nomenclature of the Customs Union, which are caused by an incorrect translation of the original nomenclature. The analysis is carried out on the example of the names of commodity items, which include the word "other".
Keywords: term; classification; goods; semantic inaccuracies; Foreign Economic Activity Commodity Nomenclature; Harmonized System of Commodity Description and Coding System; Combined Nomenclature of the European Union; commodity items.
FIRST STEPS IN SCIENCE
E. A. Chernyshevskaya
Customs Tariff Regulation as a Development Factor of Shipbuilding
The article investigates the issues of using customs tariff regulation as a development factor of shipbuilding industry in Russia. The need to support the shipbuilding industry by government is reflected and the technique of implementing this support by customs tariff regulation is proposed.
Keywords: customs tariff regulation; customs procedures; customs duty; shipbuilding industry; value added; network schedule.
A. A. Kulakov
Testimonies of Collaborators of Justice in the System of Criminal Evidence
The article is devoted to the analysis of little-investigated problem of determining place and importance of the testimony of the accused, concluded the pretrial cooperation agreement, in the system of criminal evidence. The author gives the examples of jurisprudence and the history of Russian law to justify the necessity of theoretical and practical solution to this problem.
Keywords: collaborators of justice; pretrial cooperation agreement; accused; witness for the prosecution; testimony; criminal evidence; slander; pretrial cooperation.
I. A. Topkova
The Method of Mapping the Risk Levels of Customs Legislation Violation during the Customs Control
The article considers the application of the method taking into account the probability of occurrence the risk of customs legislation violation and its materiality (expressed in the probable amount of recollected customs payments). The method is realized by the example of goods classified in the commodity subheading 0712909000 «Other vegetables, other vegetable mixtures" of the Unified Foreign Economic Activity Commodity Nomenclature of the Customs Union.
Keywords: risk management system; risk level; customs authority; consignment; mapping risk; risk area; customs control; time of customs operations; declaration; risk.
E. N. Peschannikova
Improving the Management of Library and Information Support of University Education on the Basis of Formalization in the Interest of Customs Training
In the article the mathematical model of management of library and information support is formed to apply in the educational process of the university. The proposed model is a methodological basis for building a wide range of structural models for the decision making on various aspects of the management of library and information support.
Keywords: library and information support; library and information resources; library and information system; management; formalization; model; purpose; educational activities.
A. Ya. Penner
Procedural Form of Termination of Criminal Proceedings and Prosecution, Features of Its Compliance in Criminal Cases Involving Customs Offenses
The article discusses the concept and components of the procedural form of termination of criminal proceedings and prosecution, and features of its application and compliance in criminal cases involving customs offenses.
Keywords: bodies of preliminary investigation; procedural form; termination of criminal proceedings or prosecution; remedial order; customs offenses; criminal procedure law.