№3 2017
INTEGRATION PROCESSES
V. B. Mantusov
PECULIAR FEATURES OF THE RUSSIAN FEDERATION INTEGRATION IN EURASIAN ECONOMIC TERRITORY
The article is devoted to the analysis of the current scientific and practical problems of Eurasian economic integration. The analysis and assessment of integration problems of the Russian Federation in the Eurasian economic territory are conducted on the basis of general estimation of economic competitiveness factors. The necessity to solve a number of problems with the participation of the Russian customs academy is substantiated and its possibility is shown in the article.
Keywords: the Russian Federation; the Eurasian Economic Union; regional integration; Eurasian economic territory; customs policy; unified customs territory; competitiveness; cooperation; customs duties; customs administration.
M. V. Zharikov
THE THEORY OF MULTIDIMENSIONAL CURRENCY INTERNATIONALIZATION
The article develops the theory of the multidimensional currency internationalization in application to the BRICS. By its means the inclusive development of Russia can be realized within the world system of currencies and the world economy as a whole.
Keywords: inclusive development; multidimensional currency internationalization; the BRICS’ currencies; world system of currencies.
FOREIGN ECONOMIC ACTIVITY
V. B. Mantusov
FOREIGN ECONOMIC RELATIONS BETWEEN THE COUNTRIES OF THE EURASIAN ECONOMIC UNION AND THE EUROPEAN UNION IN THE PRESENT CONTEXT
Foreign economic problems of integration associations on the contemporary stage are considered in the article. Primary attention is paid to the problem of ensuring competitiveness of integration association as a factor characterizing not only the situation on the world market, but to a great degree determines security and stability in the region.
Keywords: Russia; Kazakhstan; Belarus; Armenia; Kirghizia; the Commonwealth of Independent States; the Eurasian Economic Union; the European Union; economic integration; investments; political counteraction.
S. N. Gamidullaev, I. V. Borodushko
THEORETICAL ASPECTS OF STUDYING THE SECURITY OF FOREIGN ECONOMIC ACTIVITY
The article contains diverse characteristics of the concept “security of foreign economic activity”. The place of this concept in the system of economic security concepts is determined. The analysis of the major approaches to interpreting the concept “security of foreign economic activity” in economics as well as in legal documents is presented in the article. The authors establish the ratio of the concepts “ensuring national security” and “ensuring international economic security”.
Keywords: security; economic security; foreign economic security; foreign economic activity; security of foreign economic activity.
E. I. Andreeva, D. F. Zemlyannikov
PRACTICAL ASPECTS OF IDENTIFICATION AND CLASSIFICATION OF VEHICLES AND MECHANISMS IN FOREIGN ECONOMIC ACTIVITY
Practical problems of identifying technically complicated goods and their parts and classification mistakes in the unified Goods nomenclature of foreign economic activity connected with them are considered in the article. The analysis of classification rules violations by participants of foreign economic activity to evade customs payments is presented in the article and the ways to increase the safety of imported transport means are proposed.
Keywords: identification; classification; transport means; customs; the unified Goods nomenclature of foreign economic activity code; duty; parts; belongings; technically complicated goods.
CURRENT PROBLEMS OF CUSTOMS BUSINESS
V. B. Mantusov, S. V. Shklyaev
CONDITIONS FOR REALIZING PROVISIONS OF THE CUSTOMS CODE OF THE EURASIAN ECONOMIC UNION WITH REGARD TO ENSURING PROHIBITIONS AND RESTRICTIONS OBSERVANCE
Current issues of practical realization of provisions of the Customs Code of the Eurasian Economic Union with regard to ensuring the prohibitions observance are considered in the article. The primary focus is on the analysis of the problems of ensuring the observance of prohibitions and restrictions in the customs bodies of the Russian Federation requiring additional study and further settlement.
Keywords: Customs Code; the Eurasian Economic Union; customs authorities; federal executive bodies; prohibitions and restrictions; permitting documents; participants of foreign economic activity; interdepartmental electronic interaction; “single window” mechanism.
A. V. Knyshov
SIMPLIFYING THE PROCEDURE FOR MOVING GOODS THROUGH THE CUSTOMS BORDER BY REDUCING THE NUMBER OF DOCUMENTS
The analysis of the existing methods for assessing the activity of the customs authorities to reduce the number of provided documents by the participants of foreign economic activity is given in the article. The conducted performance monitoring helps identify the degree of achievement put before the customs service to simplify the procedure for moving goods through the customs border.
Keywords: customs authorities; the participants of foreign trade activity; indicators; assessment; monitoring; efficiency; execution of control tasks; the number of documents; export; release for home use.
E. N. Fuks
LEGALIZING “PARALLEL” IMPORT AS A WAY OF COUNTERACTING “GRAY” IMPORT
The article considers the question of legalization of “parallel” import. The positive and negative aspects of its legalization are presented. An integrated approach for introducing the international principle of exhaustion of rights is proposed in the article.
Keywords: “gray” import; “parallel” import; international principle of exhaustion of rights; right holder; “gray” schemes; the legalization of “parallel” import.
A. Yu. Kozhankov, K. I. Babenko
A NEW PARADIGM OF APPLYING INFORMATION COMMUNICATION TECHNOLOGIES BY THE WORLD CUSTOMS ORGANIZATION
The article outlines the prerequisites for the transition to a new paradigm of “digital customs” for the customs administrations activities, its general characteristic. Its core is revealed through the “paperless trade”, “electronic customs”, “digital economy” concepts. The authors presented the results of a comparative tools analysis of electronic and digital customs, the conclusion on the complementarity of these concepts in the customs activity.
Keywords: paperless environment; electronic customs; digital customs; egovernment; digital economy; digital agenda of the Eurasian Economic Union.
LEGAL ASPECTS OF CUSTOMS BUSINESS
N. M. Kozhukhanov
ON THE METHOD OF CUSTOMS LAW
Modern views on the method of legal regulation of customs law as a branch of the Russian law are analyzed in the article. The author reveals the essence of measures of tariff and nontariff regulation, as elements of the method of legal regulation of customs law.
Keywords: method; legal regulation; the Russian Federation; сustoms law; tariff regulation; nontariff regulation.
LAW ENFORCEMENT ACTIVITY
A. S. Mayakova
CRIMINAL LAW ASPECTS COUNTERACTING ILLEGAL EXPORT OF CONTROLLED GOODS AND TECHNOLOGIES FROM RUSSIA
In this article the author considers some problems of the correlation of a crime under article 189 of the Сriminal Code of the Russian Federation to the related ones and administrative offense.
Keywords: illegal export; illegal transfer; controlled goods and technologies; illegal performance of work (rendering of services); smuggling of weapons; high treason.
POINT OF VIEW
S. L. Blau
CUSTOMS SERVICES IN CONDITIONS OF IMPLEMENTING THE DEVELOPMENT STRATEGY OF INFORMATION SOCIETY IN RUSSIA
The main directions of improving the management of public services in conditions of forming the information society and the digital economy are considered in the article. The author explores the perspectives which the realization of the new “Strategy for the development of the information society in the Russian Federation for 2017–2030” opens for the state services. Approaches to improving the quality of managing customs services on the basis of modern information and communication technologies are proposed.
Keywords: state services; customs services; information technologies; information society; digital economy; the state task; electronic document management; unification; standardization; administrative regulations.
V. I. Panchenko
CURRENCY RESTRICTIONS AND CURRENCY CONTROL IN THE MECHANISM OF CURRENCY REGULATION
The author examines the peculiarities of the administrative method of currency regulation, discloses the content of its instruments — currency restrictions and currency control that are inextricably linked with each other, the essential point of which is the stipulation of currency control by applying currency restrictions.
Keywords: currency market; currency regulation; economic method of currency regulation; administrative method of currency regulation; currency interventions; currency transactions; currency restrictions; currency control; сausal subordination.
D. V. Nekrasov
ADMINISTRATIVELEGAL STATUS OF THE AUTHORIZED ECONOMIC OPERATOR IN THE NEW CUSTOMS CODE OF THE EURASIAN ECONOMIC UNION
The article reviews the novelties of the Customs Code of the Eurasian Economic Union. The main attention is paid to the legal innovations affecting the administrativelegal status of the authorized economic operator in the Memberstates of the Eurasian Economic Union at the present stage of development of customs regulation. A critical analysis is given related to the provisions of the new Customs Code.
Keywords: The Eurasian Economic Union (ЕAEU); Eurasian Economic Commission (EEC); the Customs Code of the Eurasian Economic Union; the authorized economic operator (the AEO); administrativelegal status of the authorized economic operator; special simplifications; customs; customs regulation; customs administration.
EDUCATIONAL ACTIVITY
O. N. Andreeva, R. V. Andreev
INFORMATIZATION OF ORGANIZING AND MANAGING RESEARCH ACTIVITIES AT THE UNIVERSITY
The authors made a research on the topical issues of informatization of organizing and managing the scientific work at a university. Special attention is paid to informatization of processes of planning, implementing and accounting in conducting and participating in research events, preparation and publication activities and planning and making reporting documents. The authors make an attempt to generalize the experience of the informatization of organizing and managing research activities at the Vladivostok Branch of the Russian Customs Academy.
Keywords: information system; informatization of organizing and managing research activities; scientific and organizational work; informatization of University management processes; informatization of the University.
T. D. Mikhailenko
PREPARING A SCIENTIFIC ARTICLE FOR PERIODICALS IN THE TIME OF CONTEMPORARY SCIENTIFIC PARADIGM
Some peculiar features of a scientific paradigm in Russia at the beginning of the XXI century are considered in the article. Main attention is paid to scientificpublishing activity as one of the major trends in scientific work as well as to the analysis of the causes stipulating the growth of publications significance when estimating the activity results of educational (scientific) organizations and individual scientists. The article is assigned to the researchersbeginners (candidates for Ph.D. degrees), who shall consider the peculiarities of this aspect of contemporary scientific paradigm when preparing publications.
Keywords: scientific paradigm; periodical; article; scientificpublishing activity; preparation of publication; researcherbeginner; estimation of activity results.
FIRST STEPS IN SCIENCE
E. A. Lysenko
THE SPECIFICS OF CUSTOMS OPERATIONS WITH REGARD TO THE VESSELS CROSSING THE CUSTOMS BORDER OF THE EURASIAN ECONOMIC UNION
The article investigates the procedure and terms for implementing customs operations in relation to vessels crossing the customs border of the Eurasian Economic Union. The specifics of customs operations with regard to ships as well as goods and vehicles for the international transportation of goods have been singled out. The need to simplify customs operations with regard to domestic ships operating under the Russian flag is substantiated.
Keywords: customs operations; customs control; water transport; shipbuilding industry.
O. M. Karpova
COMPARATIVE ANALYSIS OF CUSTOMS PROCEDURES IN RUSSIA AND CHINA
The article focuses on a comparative analysis of the customs procedures implemented in Russia and China. The applied method of comparative analysis facilitates the investigation into the customs law of Russia and China. The findings made it possible to identify similarities and differences in the list of procedures and the customs rules.
Keywords: customs legislation; synchronization; customs procedures; legislation; international trade; prospects.
S. A. Lyaptsev
PROBLEMATIC ISSUES OF REALIZING THE OBLIGATORY CLAIM PROCEDURE IN CASES OF “PARALLEL” IMPORT
The obligatory claim procedure in cases of importation of the original goods by unauthorized importers (“parallel” import) is analyzed in the article. The author considers amendments to the arbitration procedural code of the Russian Federation, as well as further amendments to the Civil Code of the Russian Federation and their conflict with the Customs Code of the Customs Union and the TRIPS agreement. The author concludes that there is a need to amend Article 1252 of the Civil Code of the Russian Federation and proposes a possible formulation.
Keywords: obligatory claim procedure; “parallel” import; object of intellectual property; customs authorities.
M. S. Churova
INTERNATIONAL AND FOREIGN ECONOMIC ACTIVITY OF THE SUBJECTS OF THE RUSSIAN FEDERATION: REALIZATION PROBLEMS
The article is devoted to legal regulation of international and foreign economic relations of the subjects of the Russian Federation. Special attention is given to the responsibility of the subjects of the Russian Federation, namely their public authorities, in this sphere. The author analyzes the existing problems and possible ways of their solution.
Keywords: international and foreign economic relations; crossborder cooperation; subjects of the Russian Federation; coordination of international and foreign economic relations; federative responsibility.
S. V. Novikov
STUDYING THE EXPERIENCE OF THE PEOPLE'S REPUBLIC OF CHINA IN CONDUCTING CUSTOMS AUDIT
The issue of applying customs audit in the People's Republic of China (PRC) as the major direction of the development of customs service aimed at reducing the time of the current customs control are considered in the article. Problems in the customs audit of China and measures taken by the Main customs administration of the PRC are regarded and differential peculiarities of customs control after the release of goods in Russia and customs audit used in the PRC are revealed in the article. Possibilities of applying customs audit in Russia are analyzed.
Keywords: customs audit; the People's Republic of China; international experience; the World Customs Organization; customs control after the release of goods; differential peculiarity.