№4 2016
Summaries of the presented articles
CUSTOMS POLICY
V. B. Mantusov, S. A. Konovalenko
THE PRIORITY DIRECTIONS OF THE FEDERAL CUSTOMS SERVICE INTERNATIONAL COOPERATION AT PRESENT
The article is devoted to the important and relevant scientific practical problem of improving the customs service of the Russian Federation in the field of international cooperation. Authors review the priority directions of the international customs cooperation, which form the new paths of advanced development and promotion of the Russian Federation interests within the international system of customs control of foreign trade.
Keywords: The FCS of Russia; customs authorities; international customs cooperation; priority directions; foreign trade activity; customs regulation; global trade.
FOREIGN TRADE ACTIVITY
Z. V. Udalova, V. V. Solovyev
CONTROL OF IMPORT OPERATIONS TO PREVENT THE WITHDRAWAL OF CAPITAL ABROAD
The article reviews the main violations, found during the import of goods to the Russian Federation, reflects the check stages of import operations by the customs service of the Russian Federation to prevent violations in foreign trade.
Keywords: control of import operations; import of goods; the registration of import operations; the VAT on import operations.
M. V. Zharikov
AN OPTIMAL CONTRACT OF PURCHASING AND SELLING RENMINBI FOR RUSSIAN IMPORTERS
The article proves the hypothesis according to which the Russian-Chinese foreign trade normalization can be achieved through hedging foreign exchange risks on the basis of the optimal contracts of purchasing and selling yuan and comparing the rates of the Moscow Exchange and the Bank of Russia. The main results of this article may be applied as supplementary to the exchange rate theory, since as the author stipulates, that in a country with the operating offices for purchasing the currency of the country – exporter of goods and services, the value of import depends more on the amount of purchasing yuan, rather than on the rouble-to-yuan exchange rate fluctuations.
Keywords: optimal currency contract; direct payments; the BRICS states; currency internationalization.
E. V. Roditelskaya
THE FEATURES OF THE RUSSIAN EXPORT DEVELOPMENT DURING CRISIS
The article reviews the peculiarities of the Russian export development during crisis, using the analysis of customs statistics data. The author provides a quantitative assessment of the main development trends of export and its components. The article researches and proves the practical value of the econometric model, connecting export and import.
Keywords: export; import; commodity composition; mineral goods; pair regression model.
A. Y. Kozhankov
THE WTO TRADE FACILITATION AGREEMENT: BACKGROUND AND CHARACTERISTICS
The article reviews the preconditions of adopting and a general description of the World Trade Organization trade facilitation agreement reached on December 6, 2013. The author reflects the results, expected due to the WTO trade facilitation agreement coming into force.
Keywords: trade facilitation; the World Trade Organization; customs regulation; customs legislation.
INNOVATIVE ACTIVITY
Y. I. Somov, I. E. Tkachenko
CUSTOMS SERVICE ACTIVITY IN RESPONSE TO THE CROSS-BORDER ELECTRONIC COMMERCE DEVELOPMENT
The article considers the characteristic features of the electronic cross-border trade and identifies the problems of customs service during its facilitation. The authors analyzed the international experience of solving these issues and suggested the directions of the Russian customs service activity in response to the electronic cross-border trade expansion.
Keywords: cross-border electronic trade; features; information and communication technologies; trade; informatization; economy.
THE LEGAL ASPECTS OF THE CUSTOMS SERVICE
N. M. Kozhuhanov
THE SECTORAL CLASSIFICATION OF THE CUSTOMS LAW
The article researches the sectoral affiliation of the customs law and its intersectoral linkages. The author analyzes the implementation details of individual customs law institutions, identified trends and patterns of their functioning. The author defines the factors that negatively affect the customs legal relations. The article explains the connection between the common patterns of the legal system functioning in general and the customs law in particular.
Keywords: legislation; the Russian Federation; the branch of law; customs activity; customs law; customs legal relations.
E. S. Nedosekova
CUSTOMS AUTHORITIES AS SUBJECTS OF FINANCIAL LEGAL RELATIONS AND THE FEATURES OF LEGAL REGULATION OF THEIR FINANCIAL AND LEGAL STATUS
The article characterizes the diversity of customs authorities’ participation in financial relations and analyzes the legal regulation of such relations. The author revealed the absence of a system and that the legal regulation of customs authorities’ financial and legal status in the Customs Code of the Customs Union and the Federal law “The customs regulation in the Russian Federation” is incomplete.
Keywords: customs authorities; financial legal relations; financial and legal status; legal regulation.
A. S. Lovinukov, A. N. Shashkina
THE ADMINISTRATIVE OFFENSE IN CUSTOMS: DEFINITION AND FEATURES
The article is devoted to the legal characteristics and the feature analysis of the customs administrative offense. The authors defined the concept of administrative offense in customs and highlighted its specific features.
Keywords: administrative offense; administrative offense in customs; the content of an administrative offense; Code of Administrative Offenses of the Russian Federation; administrative sanctions; legal qualification.
CRIMINAL PROCEDURE. FORENSIC EXAMINATION
M. O. Rumyantsteva, M. I. Kulikov
THE ISSUES OF APPLYING PREVENTIVE MEASURES IN THE FORM OF BAIL
The article considers some problematic issues, appearing in using the bail. The author researches the reasons why such preventing measures are rare in Russia and gives recommendations on improving the Russian criminal procedural law concerning the definitions of the pledged subject and the persons, able to act as pledgers.
Keywords: preventive measures; bail; pledger; violation of preventive measure.
I. V. Glazunova, D. A. Ryabinin
THE APPLICATION OF THE COURT EXPERTISE ON RELIGIOUS STUDIES IN INVESTIGATION OF MURDERS ON RELIGIOUS GROUND
The article defines on the basis of reviewing special literature and the analysis of the court and investigation practice the main directions of using the special knowledge in the area of religious studies in investigation of murders on religious grounds. Specific attention is drawn to the consideration of the essence of the said expertise through the disclosure of definitions: the subject matter, object and the methodic of examination.
Keywords: religion; religious studies; sect; destructive cult; expertise; court expertise on religious studies; murder on religious ground.
S. P. Zhdanov
THE PRACTICAL SIGNIFICANCE OF THE EXPERT ASSISTANCE IN CONDUCTION OF THE INVESTIGATION AND SEARCH OPERATIONS OF THE FEDERAL CUSTOMS SERVICE OF RUSSIA
The article presents the results of interview conducted by the author. He polled the representatives of the Russian FCS operational units (the North Western customs administration, the North Caucasus customs administration, the Far Eastern customs administration, the Central customs administration). The author gathered the opinions about the practical importance of the paragraph 5, article 6 of the Federal law “The investigation and search activities”, dealing with the expert assistance during operations. On the basis of his research the author offers ways of enhancing the institute of experts in the investigation and search operations.
Keywords: investigation and search activity; investigation and search operations; the operational units of the Russian FCS; expert; special skills; special knowledge.
ADMINISTRATIVE LAW; ADMINISTRATIVE PROCEDURE
P. N. Safonenkov
THE CLASSIFICATION ISSUES OF THE ADMINISTRATIVE COERCIVE MEASURES
The article analyzes different classifications of administrative coercive measures, proposed by law researchers. The author identified the absence of the universal criteria in designing of such classifications and suggested a number of solutions that contribute to the resolution of the classifying problem of the administrative coercive measures used in the practice of the state authorities.
Keywords: measures of administrative coercion; the classification criteria; the offense; the threat of harmful consequences; prevention; suppression; administrative sanctions; measures of production; administrative-remedial measures.
INFORMATION SECURITY
S. N. Anikin
MECHANISMS OF ENSURING THE LEGAL SIGNIFICANCE OF THE ELECTRONIC DOCUMENTS IN THE INTERNATIONAL DOCUMENTATION CIRCULATION OF THE EURASIAN ECONOMIC UNION
The article represents the mechanisms of ensuring the legal significance of the electronic documents in the cross-border data circulation within the Eurasian Economic Union using the trusted third party services. The author suggests establishing regulations, governing the trusted third party service, and the procedure of using the information sharing schemes.
Keywords: electronic signature; legally significant electronic document; trusted third party; cross-border interaction.
A. F. Bezzubov, V. E. Opletin, I. V. Sinitsin
ENSURING THE STATE UNIVERSITY INFORMATION SECURITY VIA SOFTWARE PRODUCTS AS A PART OF IMPORT SUBSTITUTION
The article reviews one of the significant aspects of the import substitution in the customs service – ensuring the information security. The authors conducted the analysis of the open source general purpose software. That will allow achieving the required level of information security of the state university (on the example of Russian Customs Academy) and its functional stability.
Keywords: information security; open source software; computers; import substitution; state university.
METHODOLOGY AND METHODS OF RESEARCH
Y. E. Gupanova
MODELING THE ASSESSMENT OF CUSTOMS SERVICE QUALITY ON THE BASIS OF THE FUZZY SETS METHOD
The author analyzed the opportunities of using the fuzzy sets method in the assessment of the customs service quality, if the application of the known economic-mathematical models is not possible. The article explains the assessment principles and generated the sequence of evaluating the various types of customs services. The offered evaluation approach is realized on the example of several individual customs services in MatLab program.
Keywords: customs service; quality of customs service; the assessment of customs service quality; fuzzy sets method.
POINT OF VIEW
O. V. Shishkina
THE PROBLEMATIC ISSUES OF USING THE CONCEPTUAL FRAMEWORK BELONGING TO THE SPHERE OF PROTECTING THE INTELLECTUAL PROPERTY RIGHTS BY CUSTOMS
The article reviews the basic concepts of the customs protection of intellectual property rights and their nomination terms, the use of which causes difficulties in research and practice. The author gives their detailed interpretation with examples. The generalizing table, which provides (from the author’s point of view) a correct concept definition and, respectively, the appropriate nominating term, is given in the paper.
Keywords: state services; intellectual property; customs service; customs authorities; customs protection of the intellectual property rights; customs control; detection of offenses and offenses; copyright owner; customs applicant; exclusive rights.
T. D. Mihaylenko, N. P. Bagmet
ACADEMIC PUBLISHING IN THE SPECIALIZED INSTITUTION OF HIGHER EDUCATION
The article reviews the current issues of academic publishing in the modern university. Main attention is paid to the management of this activity in the specialized (ministerial) organization of higher education and to the significance of publications in the evaluation of the specialized higher education institution research results.
Keywords: research activity; academic publishing; specialized institution of higher education; publication; evaluation of research results; rating.
THE TERMINOLOGICAL ASPECTS OF THE PROFESSIONAL COMMUNICATION
E. A. Fedorchenko
LEXICAL INNOVATIONS AS AN INDICATOR OF THE STATE LANGUAGE POLICY (ON THE MATERIAL OF THE RUSSIAN INFORMATION LAW TERMINOLOGY)
The article researches the impact of the state policy on the modern Russian literary language. The author reviews the direct and indirect influence of the language policy on the development of the information law terminology. The paper identifies the different types of lexical innovations, including the semantic neologisms, appearing as a result of semantic changes in the term meaning, and the lexical neologisms, coined in the information law discourse as a result of the terminological derivation process.
Keywords: language policy; language for special purposes; information law discourse; terminology; novel items of the term system.
FIRST STEPS IN SCIENCE
A. K. Tugushev
THE THEORETICAL FOUNDATIONS OF THE ADMINISTRATIVE AND LEGAL REGULATIONS FOR THE CUSTOMS PROCEDURES IN THE EURASIAN ECONOMIC UNION
This paper solves the scientific problem of composing the definition of “customs procedure” term that corresponds to the modern realities. Customs procedures are considered both as a legal institute and as an organizational process. The author also analyzed the issue of differentiation between the terms “customs procedure” and “customs regime”.
Keywords: customs procedure; customs regime; legal institute; customs control; customs operations; Eurasian Economic Union.
V. A. Panteleev
THE PROBLEM ISSUES OF INTERAGENCY COOPERATION BETWEEN THE STATE AUTHORITIES, PROVIDING THE SECURITY OF THE CRIMINAL PROCEEDINGS PARTICIPANTS
The article analyzes the procedural issues of ensuring the criminal proceedings participants’ security. The author identified the problematic aspects of interagency cooperation between state authorities, ensuring the safety of participants in criminal proceedings.
Keywords: state protection; safety of participants in criminal proceedings; threat; interaction.
A. A. Kulakov
TYPES OF GROUP CRIMES, INVESTIGATED WITH THE USE OF THE PRETRIAL COOPERATION AGREEMENT
The article justifies the need to limit the sphere of the pretrial cooperation agreement exclusively to the group crimes. Based on the theory of criminal law and procedure, and the legislative activity, preceding the introduction of Ch. 40.1 to the Criminal Procedural Code of the Russian Federation, the author defines the types of group crimes, which investigation can profit from the pretrial cooperation between the defense and the prosecution.
Keywords: pretrial cooperation agreement; pretrial cooperation; the principle of feasibility; group crimes; harboring; corruption; organized crime; complicity; conspiracy; “involved criminals”; involvement.
M. S. Aristeev
THE FORMATION AND DEVELOPMENT OF THE FORENSIC EXPERTISE IN CRIMINAL PROCEEDINGS
The article provides the history of formation and development of the forensic institute in the framework of criminal proceedings. The author analyzes the state policy in the field of forensic expertise. Forensics is researched as a practical and theoretical activity.
Keywords: forensic expertise; state forensics policy; the common theory of forensic expertise; court expertology; forensic expert activity; criminalistics; criminal policy.
Yang Zeping
HONG KONG AS A FREE ECONOMIC ZONE REALIZING THE CHINA’S MAJOR INNOVATION PROJECTS
The article reviews the basic directions of the innovative activity in China. The statistical data on the national economy and industry for the last three decades was analyzed, that allowed the author to reveal and justify the necessity of interaction between the mainland and the state free economic zones (on the example of the Hong Kong free economic zone) in the development of new technologies and attracting the foreign investment for the innovative projects realization.
Keywords: innovations; China; Hong Kong; economy; five-year plan.
D. A. Melnik
THE COMPARATIVE ANALYSIS OF THE RUSSIAN AND FOREIGN ELECTRIC POWER MARKETS
This article reviews the management, economic and market mechanisms of the Russian electricity market. The author conducted the comparative analysis of the electricity markets of the Great Britain and the Eurasian Economic Union member states.
Keywords: the Russian electricity market; the wholesale electricity and capacity market; the electricity market; “the day-ahead” market; the balancing market; the Great Britain electricity market; the Eurasian Economic Union.