№4 2017
INTEGRATION PROCESSES
V. B. Mantusov
SHANGHAI COOPERATION ORGANIZATION AS THE BASIS FOR ECONOMIC DEVELOPMENT AND COLLECTIVE SECURITY
The article is devoted to one of the development trends in the economic relations on regional level – Shanghai Cooperation Organization (SCO). The process of forming SCO is considered, the state, problems and perspectives of foreign economic cooperation of its memberstates are analyzed. Conditions, special features and possibilities of SCO development are estimated in the article.
Keywords: international economic relations; Shanghai Cooperation Organization; the Eurasian Economic Union; regional integration; interaction; economic cooperation; development prospects.
E. E. Tolikova
INTEGRATION PROCESSES IN THE SPHERE OF INNOVATIVE POLICY OF THE EURASIAN ECONOMIC UNION MEMBERSTATES
Theoretical and practical aspects of integration processes in the sphere of innovative policy of the Eurasian Economic Union memberstates are considered in the article. The innovative infrastructure of the Russian economy is analyzed; the comparative analysis of the institutional environment of innovative development is given. The key problems preventing the development of integration in the innovative sphere are defined; recommendations on the development of integration communications in the sphere of innovative policy of the Eurasian Economic Union memberstates are offered.
Keywords: innovative policy; the Eurasian Economic Union memberstates; innovative infrastructure; innovative development.
CURRENT PROBLEMS OF CUSTOMS BUSINESS
V. B. Mantusov, D. B. Zhukov
IMPROVEMENT OF CUSTOMS OPERATIONS WHEN CARRYING OUT FOREIGN TRADE ACTIVITY IN THE EURASIAN ECONOMIC UNION
Special features of customs operations in foreign trade activity connected with the introduction of the Customs Code of the Eurasian Economic Union (EAEU) are analyzed in the article. The authors have defined the urgent tasks of the customs authorities of the Russian Federation connected with the realization of customs operations in modern conditions and ways of their solution considering the interests of legal relations participants when moving goods across the customs border of the EAEU.
Keywords: the Federal Customs Service; the Eurasian Economic Union; Customs Code; foreign trade; customs authorities; customs operations; preliminary informing; electronic declaration; Institute of authorized economic operators; customs procedures.
ECONOMIC ASPECTS OF CUSTOMS BUSINESS
Yu. E. Gupanova, V. V. Podshivalova
CUSTOMS REGULATION IN THE SYSTEM OF STATE REGULATION OF AGRICULTURAL MACHINERY IMPORT
The role of customs regulation in the development of the system of state support for agricultural mechanical engineering is shown in the article. At the same time the results of the analysis of modern problems of regulation of agricultural mechanical engineering are presented, the importance of the customs regulation of import of agricultural machinery is defined and the key directions of its improvement are revealed in the article.
Keywords: customs regulation; state regulation; import; agricultural machinery; customs service; branch of agricultural mechanical engineering; tractors; combine harvesters.
A. V. Gubin
POTENTIAL RISKS OF EXPANDING THE LIST OF PREFERENTIAL GOODS IMPORTED FROM THE LEAST DEVELOPED COUNTRIES
The article considers changes in the system of tariff preferences in relation to goods originating from the least developed countries and possible consequences of such changes for certain sectors of the economy of the Eurasian Economic Union (EAEU). These changes cause the risks that expansion of imports of goods from the least developed countries with granted tariff preferences may damage the interests of domestic commodity producers. In addition, imports of goods from developed and developing countries may take place under the guise of goods originating from the least developed countries, without payment of import customs duty, which may also damage the production of similar goods in the EAEU.
Keywords: tariff preferences; least developed countries; import of goods without customs duties payment.
LEGAL ASPECTS OF CUSTOMS BUSINESS
M. A. Ryilskaya
MODERN PROBLEMS OF HARMONIZATION AND UNIFICATION OF THE LEGAL BASIS OF THE EURASIAN ECONOMIC UNION
Forms of harmonization and unification of the regulatory and legal basis of the Eurasian Economic Union have been considered and justified. Particular attention is paid to a set of methodological techniques that take into account not only the legal expertise, but also the assessment of the effectiveness of organizational and technical solution.
Keywords: the Eurasian Economic Union; free trade zone; international legal problems of competitiveness; investment legal relations; preferential customs regime; model legislation.
O. G. Bobrova
LEGAL ASSISTANCE ON THE CASES OF ADMINISTRATIVE OFFENSES AND MUTUAL ASSISTANCE OF CUSTOMS AUTHORITIES OF THE EURASIAN ECONOMIC UNION MEMBERSTATES
The article focuses on comparative analysis of provisions of chapter 29.1 “Legal assistance on cases of administrative offenses” of the Code of the Russian Federation on administrative offenses and the legislation on legal and mutual administrative assistance of customs authorities of the Eurasian Economic Union memberstates. The author supposes that standards of the Code of the Russian Federation on administrative offenses regulating legal assistance on cases of administrative offenses in the sphere of customs business should have subsidiary application.
Keywords: mutual administrative assistance of customs bodies; legal assistance; administrative process; a case on administrative offenses; customs cooperation; the Eurasian Economic Union.
E. I. Sidorov
CURRENT PROBLEMS OF ADMINISTRATIVE RESPONSIBILITY OF INDIVIDUALS FOR OFFENSES IN THE SPHERE OF CUSTOMS BUSINESS
The article is devoted to the legal characteristics, problems and features of administrative responsibility of individuals for violations in the sphere of customs business as part of the administrative jurisdictional activity of customs authorities. The author investigated the legal basis, administrative penalties, the procedure of registration of offenses, the role and importance of the customs authorities in this activity.
Keywords: individuals; administrative offenses in the sphere of customs activity; the Customs Union; Customs Code of the Customs Union; Code of the Russian Federation on administrative offenses; the Federal Customs Service of Russia; the legal characteristics; administrative punishment; the special subjects of offenses.
HISTORY OF CUSTOMS LAW
B. I. Ketsba
THE IMPORTANCE OF TRADE AGREEMENTS BETWEEN RUS AND BYZANTIUM FOR THE DEVELOPMENT OF NATIONAL CUSTOMS LEGISLATION
The general characteristics of the origin of the domestic customs right is given in the article; its formation in the process of trade relations development with the Byzantine empire is traced. It is shown that the relationship regulated by such contracts was the expression of trade and customs policy of that time. The conclusion is drawn on close interrelation of customs regulation and foreign policy of Russia.
Keywords: Byzantium; Ancient Russia; contracts; history of law; customs regulation; state; customs duties; diplomatic relations.
CRIMINALISTICS
L. V. Bertovsky
TECHNOLOGY OF CRIMINALISTIC RECOGNITION OF FICTIONS OF SPEECH NATURE
The article gives the definition of the “criminalrelevant fiction” and also the concept of “technology of criminalistic recognition”. The definition of the term “criminalrelevant fiction indication” is formulated and a classification of such indications is proposed. Signs of deception exhibited by fictioneers and modern methods of verification of false and true information are considered in the article.
Keywords: crime detection; criminalistic recognition technology; criminalrelevant fiction; fiction of speech nature; signs of lying; validity of the claims.
TECHNOLOGIES AND MEANS OF CUSTOMS CONTROL
V. B. Mantusov, S. V. Shklyaev
INFORMATION CUSTOMS TECHNOLOGIES IN ENSURING COMPLIANCE WITH PROHIBITIONS AND RESTRICTIONS IN FOREIGN TRADE AND PROTECTING INTELLECTUAL PROPERTY RIGHTS
The authors analyze the application of information customs technologies with the purpose of ensuring prohibitions and restrictions compliance in foreign trade and protecting intellectual property rights. The problems connected with the automation in customs bodies activity in the specified spheres and ways of their solution with the help of the system of interdepartmental electronic interaction and means of Integrated automated information system of customs bodies of the Russian Federation are defined.
Keywords: the Federal Customs Service; foreign trade; prohibitions and restrictions; intellectual property objects; customs authorities; federal executive bodies; information customs technologies; the system of interdepartmental electronic interaction.
N. G. Lipatova
CUSTOMS CONTROL AS THE MECHANISM OF RENDERING STATE SERVICES IN THE SPHERE OF CUSTOMS BUSINESS
On the basis of the contents analysis of the customs policy, the activity of customs authorities in fulfilling control functions and by establishing cause and effect connections emerging in the process of forming and realizing customs policy and customs control the author proves the hypothesis that customs control as the instrument of realizing state customs policy becomes the mechanism of rendering state services in customs business. For improving state services and increasing the effectiveness of customs control the author proposes research aspects in the sphere of providing services.
Keywords: customs authorities; customs control; customs policy; customs business; services; state policy; state service; instrument; mechanism.
P. N. Bashly, V. F. Verbov
NEW APPROACHES TO CLASSIFICATION OF THE CARGO VISION INSPECTION SYSTEMS AS MEANS OF RAISING THE EFFECTIVENESS OF THEIR APPLICATION
The article deals with the analysis of the cargo vision inspection systems classifications in respect of their objectivity. The new classification of such inspection systems has been offered, excluding, according to the authors, some errors that are taking place in the current classifications. The tendencies of modern development of the cargo vision inspection systems have been considered and some problematic issues of the customs control with their application have been pointed out.
Keywords: customs control; classification; stationary cargo vision inspection system; easyconstructed cargo vision inspection system; relocated cargo vision inspection system; mobile cargo vision inspection system; design version of the cargo vision inspection system.
O. A. Mozzhegorova, Yu. V. Pyshkin
SPECIAL FEATURES OF EXERCISING EXPORT CONTROL IN THE EURASIAN ECONOMIC UNION
The article discusses the state of national export control systems of memberstates of the Eurasian Economic Union in the context of international law. Special attention is paid to framing the problems associated with the lack of a unified procedure of export control in the Eurasian Economic Union.
Keywords: memberstates of the Eurasian Economic Union; weapons of mass destruction; export control system; international control regimes; control lists; customs control.
Yu. V. Malyshenko, M. P. Bogdanov
INTRODUCTION OF TECHNOLOGIES OF AUTOMATIC REGISTRATION AND RELEASE OF GOODS BY THE RUSSIAN CUSTOMS SERVICE
Legal bases and features of realization of processes of automatic registration and automatic release of customs declarations are considered in the article. The article discusses the statistics of introducing technologies for registration and automatic release of customs declarations on the example of the Far Eastern Customs Administration, as well as the main reasons and problems of their implementation.
Keywords: electronic declaration; automatic registration of declarations; automatic release of declarations; statistics.
METHODOLOGY AND METHODS OF SCIENTIFIC RESEARCH
V. V. Makrusev
FORMALIZATION OF MANAGEMENT PROBLEMS BY INSTITUTES OF CUSTOMS REGULATION
New operating conditions and development of institutes of customs regulation and administration are defined in the article. The complex of theoretical tasks of customs management ranged according to institutionalizing levels is structured. The general settings of tasks of synthesis of mechanisms and the strategy of the international, state and customs levels of regulating commodity and financial flows in the sphere of the foreign trade activities are provided. An abstract image integrating in itself the dual character of customs affairs – presence in it of lines of both an object, and the subject of control is constructed. The model reflects the main properties of customs institutes, their structure, functioning mechanisms, external and internal conditions of activity.
Keywords: customs business; customs management; institutes of customs regulation; customs administration; unified management model; objectives; mechanisms; management strategy.
A. G. Nikolskaya
APPLICATION OF CRIMINOLOGICAL FORECASTING METHODS IN THE FIGHT AGAINST OFFICIAL CRIMINALITY IN CUSTOMS BODIES
The article describes the specificity of methods of criminological forecasting with reference to the fight against official criminality in customs bodies. The author comments on the content of various methods from the point of view of the theoretical possibility of their application in anticorruption activities, as well as the practical situation of their use.
Keywords: official criminality; customs bodies; corruption; criminological forecasting; methods of criminological forecasting; extrapolation; modeling; expert evaluation; fight against crime.
M. A. Tsiveleva
METHOD FOR ASSESSING THE FINANCIAL SOLVENCY OF D. DURAN'S ORGANIZATION AS ANALYZER OF FINANCIAL STABILITY OF POTENTIAL AUTHORIZED ECONOMIC OPERATORS
Based on the comparative analysis of the legal status of the institution of the authorized economic operator (AEO) in the Eurasian Economic Union and abroad, problems of legal regulation, features and directions of the development of the AEO Institute as a mechanism for customs regulation were revealed in the article. A block diagram of the regulatory and legal framework regulating the activity of authorized economic operators is constructed, a method for assessing the financial stability of participants in foreign economic activity is proposed, which allows to reduce costs for ensuring customs payments and guaranteeing the economic security of the Russian Federation on the basis of improving the quality and efficiency of customs administration.
Keywords: status of an authorized economic operator; the Eurasian Economic Union; customs regulation; special simplifications; financial stability; method of D. Duran.
POINT OF VIEW
E. G. Bormotova
“SINGLE WINDOW” MECHANISM IN SEA PORTS OF ENTRY: REALITY AND PERSPECTIVES
The article examines the international practical experience of implementing the “single window” mechanism in the world's largest ports. The results of the implementation of these mechanisms in Russia within the framework of the Federal Customs Service are presented. The main problem questions are formulated and the ways of their solution and ways of further development are offered.
Keywords: customs control; customs operations; “single window”; seaport; state control; interdepartmental cooperation.
FIRST STEPS IN SCIENCE
S. N. Vasiliev
PROBLEMATIC ASPECTS OF INTERACTION BETWEEN CUSTOMS AUTHORITIES AND PARTICIPANTS OF FOREIGN ECONOMIC ACTIVITY
The article describes current problems of interaction between customs authorities and participants of foreign economic activity at present. The author analyzes the revealed problems and defines the main directions of interaction improvement.
Keywords: customs authorities; participants of foreign economic activity; interaction; information technology; foreign economic activity; customs operations; customs declaration.
A. K. Tugushev
IMPROVEMENT OF CUSTOMS PROCEDURE “FREE CUSTOMS ZONE” ON THE TERRITORIES OF PRIORITY DEVELOPMENT AND IN FREE PORT OF VLADIVOSTOK (ORGANIZATIONAL ASPECT)
The author presents the main organizational problems of international companies that use the customs procedure of free customs zone in advanced special economic zones and Free port of Vladivostok. Taking into account legal practice and statistics, the directions of enhancement of a free customs zone on the specified territories were suggested.
Keywords: customs procedure; free customs zone; Free port of Vladivostok; advanced special economic zone; “single window” mechanism; customs control.
A. A. Ermakova
ORGANIZATION OF CUSTOMS CONTROL UNDER CUSTOMS TRANSIT AND WAYS OF ITS IMPROVEMENT
The article reveals the problems of organization of the customs control system under the customs procedure of customs transit in Russia. The directions of improving the customs control in the context of Russia's integration into the system of international transport corridors are indicated.
Keywords: customs control; customs transit; international transport corridors; problems; prospects; Russia.
V. A. Dem'yanov
THE MAIN DIRECTIONS OF IMPROVEMENT IN LEGAL REGULATION OF PROFESSIONAL CANINE ENFORCEMENT TRAINING SYSTEM IN FEDERAL AGENCIES
The article is devoted to scientific substantiation of the formation and development of twolevel training system for canine enforcement specialists in Federal Agencies.
Keywords: improvements in legal regulation; training of specialists; professional training of canine enforcement specialists.