Topic 2. The place of customs authorities in the mechanism of state regulation of foreign trade activities

1. Goals, principles and methods of regulation of foreign trade activities

2. Customs policy: concept, content, implementation

3. The role of customs authorities in the development of the national economy

Foreign economic activity (FEA) in countries with market and transition economies is regulated by the market and the state.

Market regulation mechanism externally economic activity- this is a general market mechanism with its inherent principles, rules, norms of activity and behavior, but operating in a special area. The specifics of the foreign economic sphere, in which the subjects of relations, along with firms, are national states, their unions and associations, international organizations realizing their special goals, affects the mechanism of its regulation and requires mandatory participation of the state in this process.

Government regulation foreign economic activity is a complex of legal, administrative, economic, organizational and other measures of state influence on the economic relations of participants in foreign economic activity in accordance with national interests, goals, and objectives.

The specifics of the foreign economic sphere also affect the mechanism of its state regulation in a particular country, manifested in the selection and ranking of its goals, methods, tools, objects, as well as in the interaction of subjects.

The goals of state regulation of foreign economic activity in Russian Federation are:

· formation of a favorable legal climate for foreign economic activities of economic entities;

· stimulating the implementation of foreign economic transactions by business entities in priority areas;

· ensuring conditions for effective foreign economic activity of economic entities, including the creation of appropriate infrastructure;

· coordination of the country's participation in the international division and cooperation of production, promotion of knowledge-intensive competitive domestic products to new markets;

· improving the structure of foreign economic activity;

· regulation of economic relations at the intercountry and regional levels;

· providing domestic exporters abroad with economic support and legal protection;

· regulation of the country's balance of payments.

Thus, the main tasks of state regulation of foreign economic activity are the formation of a legislative framework and favorable conditions (economic and organizational) for its development and increasing efficiency.

Foreign economic activity includes foreign trade activity, international capital movement, international currency and credit relations, scientific and technical exchange, international movement labor force. Foreign trade activities in accordance with Article 2 Federal Law dated 08.12.2003 No. 164-FZ “On the fundamentals of state regulation of foreign trade activities” is defined as the activity of carrying out transactions in the field of foreign trade in goods, services, information and intellectual property.

The main principles of state regulation of foreign trade activities are:

1) protection by the state of the rights and legitimate interests of participants in foreign trade activities, as well as the rights and legitimate interests of Russian producers and consumers of goods and services;

2) equality and non-discrimination of participants in foreign trade activities, unless otherwise provided by federal law;

3) unity of the customs territory of the Russian Federation;

4) reciprocity in relation to another state (group of states);

5) ensuring the fulfillment of the obligations of the Russian Federation under international treaties of the Russian Federation and the implementation of the rights of the Russian Federation arising from these treaties;

6) selection of measures of state regulation of foreign trade activities that are no more burdensome for participants in foreign trade activities than necessary to ensure the effective achievement of the goals for the implementation of which it is intended to apply measures of state regulation of foreign trade activities;

7) transparency in the development, adoption and application of measures of state regulation of foreign trade activities;

8) validity and objectivity of the application of measures of state regulation of foreign trade activities;

9) exclusion of unjustified interference by the state or its bodies in foreign trade activities and causing damage to participants in foreign trade activities and the economy of the Russian Federation;

10) ensuring the defense of the country and the security of the state;

11) ensuring the right to appeal in court or other established by law the procedure for illegal actions (inaction) of state bodies and their officials, as well as the right to challenge regulatory legal acts of the Russian Federation that infringe on the right of a participant in foreign trade activities to carry out foreign trade activities;

12) unity of the system of state regulation of foreign trade activities;

13) unity of application of methods of state regulation of foreign trade activities throughout the Russian Federation.

One of the well-known classifications of methods of state regulation of foreign economic activity is their division into administrative-legal and economic methods.

Administrative legal methods include:

· legislative support for foreign economic activity (adopting laws, developing procedures and establishing standards);

· monitoring compliance with laws, procedures and regulations, applying sanctions for their violation;

· adoption and implementation of compulsory administrative and legal decisions in relation to state and non-state companies (closing bankrupt companies, unbundling monopolists, etc.);

· issuing permits, imposing bans and restrictions on the activities of business entities.

Economic methods include:

· influencing the behavior of business entities by regulating domestic prices and tariffs, exchange rates, and other financial parameters and instruments;

· redistribution of financial flows through taxes, duties, subsidies, subsidies and other methods of financing.

Another common classification is the division of methods of regulating foreign economic activity into tariff and non-tariff.

Some experts include customs duties and other customs tariff measures as tariff measures, while others include all types customs duties, customs duties and other types of customs payments. However, most scientists and specialists agree that the main instrument of tariff regulation is the customs tariff.

A customs tariff is a systematized set of rates of customs duties levied when goods cross the customs border of a state, systematized in accordance with the Commodity Code of Foreign Economic Activity.

Non-tariff measures of foreign economic regulation are a set of measures of an economic, administrative, technical nature (with the exception of customs tariffs) that impede free trade between states.

Non-tariff restrictions of an economic nature include:

Anti-dumping measures;

Various types of taxation: value added tax from the importer, turnover tax, excise taxes, special import taxes and fees, etc.;

Measures of a monetary and financial nature.

Non-tariff restrictions of an administrative nature include:

Import ban;

Quantitative restrictions: individual, tariff, seasonal, global quotas;

Licensing;

Voluntary export restrictions.

Non-tariff restrictions of a technical nature include:

National standards, product certification systems;

Requirements established by sanitary, veterinary and health authorities;

Environmental requirements;

Requirements for packaging and labeling of goods.

The classification scheme developed by the GATT Secretariat in the early 70s currently includes more than 800 specific types of non-tariff measures and combines all non-tariff restrictions into 5 main categories:

1. Restrictions caused by state participation in foreign trade operations. These include subsidies and grants to exporters or import-substituting industries, a preferential system for placing government orders, the use of local semi-finished products and components under certain conditions; measures that discriminate against the transportation of foreign goods and foreign carriers, etc.

2. Customs and other administrative import and export formalities, for example, a complicated customs clearance procedure, as well as methods for assessing the customs value and country of origin of goods; inflated requirements for the documentation required for registration.

3. Technical barriers to trade: standards and requirements related to environmental, sanitary, veterinary standards, packaging and labeling of goods, rules and procedures for product certification.

4. Quantitative and similar administrative measures, in particular import quotas, export restrictions, licensing, voluntary export restrictions, bans, and currency restrictions.

5. Restrictions based on the principles of ensuring payments, namely: taxes, fees, import deposits, sliding taxes, anti-dumping and countervailing duties, border taxation.

This classification of non-tariff restrictions and the catalog compiled on its basis were found wide application during international trade negotiations and served as a theoretical basis for the formation of classification schemes of non-tariff restrictions by others international organizations.

In accordance with Article 12 of the Federal Law of December 8, 2003 No. 164-FZ “On the fundamentals of state regulation of foreign trade activities,” state regulation of foreign trade activities in the Russian Federation is carried out through:

1) customs and tariff regulation;

2) non-tariff regulation;

4) measures of an economic and administrative nature that contribute to the development of foreign trade activities and provided for by this Federal Law.

Other methods of state regulation of foreign trade activities are not allowed.

Customs tariff regulation is a method of state regulation of foreign trade in goods, carried out through the application of import and export customs duties.

In accordance with Article 1 of the Customs Code, customs regulation consists of establishing procedures and rules, subject to which persons exercise the right to move goods and vehicles across the customs border of the Russian Federation.

In accordance with Article 2 of the Federal Law of December 8, 2003 No. 164-FZ “On the Fundamentals of State Regulation of Foreign Trade Activities,” non-tariff regulation is a method of state regulation of foreign trade in goods, carried out by introducing quantitative restrictions and other prohibitions and restrictions of an economic nature.

In exceptional cases, the Government of the Russian Federation may establish the following non-tariff regulation measures:

1) temporary restrictions or bans on the export of goods to prevent or reduce a critical shortage in the domestic market of the Russian Federation of food or other goods that are essential for the domestic market of the Russian Federation. The list of goods that are essential is determined by the Government of the Russian Federation;

2) restrictions on the import of agricultural goods or aquatic biological resources imported into the Russian Federation in any form, if necessary:

a) reduce the production or sale of similar goods of Russian origin;

b) reduce the production or sale of goods of Russian origin that can be directly replaced imported goods, if there is no significant production of a similar product in the Russian Federation;

c) remove from the market a temporary surplus of similar goods of Russian origin by providing the existing surplus of such goods to certain groups of Russian consumers free of charge or at prices below market prices;

d) remove from the market a temporary surplus of goods of Russian origin, which can be directly replaced by imported goods, if there is no significant production of a similar product in the Russian Federation, by providing the existing surplus of such goods to certain groups of Russian consumers free of charge or at prices below market prices;

e) limit the production of products of animal origin, the production of which depends on a product imported into the Russian Federation, if the production of a similar product in the Russian Federation is relatively insignificant.

Licensing in the field of foreign trade in goods is established in the following cases:

1) introduction of temporary quantitative restrictions on exports or imports individual species goods;

2) implementation of the permitting procedure for the export and (or) import of certain types of goods that may have an adverse impact on the security of the state, the life or health of citizens, the property of individuals or legal entities, government or municipal property, environment, life or health of animals and plants;

3) granting an exclusive right to export and (or) import certain types of goods;

4) implementation by the Russian Federation international obligations.

Quotas and licensing of foreign trade in goods can pursue two goals: protection of national interests not related or indirectly related to the economy (security, environment, cultural heritage, etc.) and protection of the national market from disruptive imports or exports.

Export quotas are used in cases where the prices of a given product on the domestic market are lower than on the world market. As a result, with unlimited exports, there may be a shortage in the domestic market. This situation was very typical for Russia, which is why export quotas were widely used in our country until recently. The number of quota goods, however, decreased as domestic prices approached world prices.

As for licensing and import quotas, an import quota, by limiting the import of foreign goods into the country, leads to an expansion of demand for nationally produced products. Using a quota allows you to precisely limit the volume of imports, unlike an import tariff. While an increase in customs duties may increase total amount import payments, the introduction of a quota guarantees their reduction. Therefore, quotas make it possible to combat the balance of payments deficit more effectively than tariff protectionism.

In order to monitor the dynamics of exports and (or) imports of certain types of goods, monitoring of the export and (or) import of certain types of goods may be established as a temporary measure, which is carried out by issuing permits for the export and (or) import of certain types of goods.

In accordance with Article 26 of the Federal Law of December 8, 2003 No. 164-FZ “On the Fundamentals of State Regulation of Foreign Trade Activities,” the right to carry out foreign trade activities may be limited by granting an exclusive right to export and (or) import certain types of goods, which is carried out on the basis of a license .

In accordance with the above-mentioned federal law, special protective measures, anti-dumping measures and countervailing measures when importing goods to protect the economic interests of Russian manufacturers of goods.

Important integral part The mechanism of state regulation of foreign economic activity is customs. Its content is determined by the relationship between the mechanisms of market and state regulation of foreign economic activity that developed in the corresponding period and is fixed by the norms of the legislation in force in the country.

The degree of achievement of the goals of state regulation of foreign economic activity largely depends on the effectiveness of customs affairs. In turn, as these goals are realized and new guidelines are chosen, the content of the customs business itself changes.

Customs business permeates the entire set of methods and tools regulation of foreign economic activity . Thus, customs affairs includes both administrative-legal and economic methods of influencing participants in foreign economic activity. Customs clearance goods and products are subject to control vehicles, moved across the customs border as part of both trade and non-trade turnover. The development, formation of a mechanism for implementation and implementation of customs policy is carried out to one degree or another by all subjects of state regulation of foreign economic activity.

2. Customs policy: concept, content, implementation

The current Customs Code does not contain a definition of customs policy.

Customs policy can be defined as a system of economic, legal, organizational and other measures carried out by the state and aimed at the comprehensive regulation of customs relations and the implementation of the internal and external economic interests of the Russian Federation.

Customs policy is an integral part of the internal and foreign policy states. Customs policy is carried out for the purposes of:

· ensuring the most effective use instruments of customs control and regulation of trade in the customs territory of the country;

· participation in the implementation of trade and political tasks to protect the domestic market;

· stimulating the development of the national economy;

· for other purposes determined by the President of the Russian Federation, the Federal Assembly of the Russian Federation, and the Government of the Russian Federation.

Customs policy, like state policy in general, is based on the principles of unity, stability, independence, openness, equality, and recognition of the priority of international treaties and agreements. Currently, the tasks of Russia's customs policy are largely determined by the prospects for its entry into the World Trade Organization.

The role and content of customs policy are determined by many components brought into it from other policies. It turns out to be closely connected with them and is in a relationship of direct or indirect subordination to them. This subordination is also due to the fact that its formation and implementation is influenced by a whole field of forces, the source of which is not only politicians, but also state, public, business structures both within the country and at the international level, some of which are subjects, others – objects of customs policy.

The subjects of customs policy that develop it, form the mechanism for its implementation and take part in its implementation include legislative and executive bodies of the state, business unions, commercial banks, and international organizations.

The objects of customs policy are participants in foreign economic activity, other institutions and organizations whose interests are affected by customs policy.

· political factors (government policy, or the activities of government bodies and public administration, determined by their interests and goals, including domestic politics, foreign policy, economic policy, etc.);

· economic forces(growth rate of gross internal product countries, dynamics of investment and innovation activity, scientific and technical potential, state and dynamics of material production and non-production sphere, state financial system, the size and dynamics of the shadow sector of the economy, the size of external and internal public debt, the size and structure of exports and imports, etc.);

· social factors (social status population of the country, including its differentiation based on property, priorities social development, unemployment rate, etc.);

· external factors (the state and trends in the development of international trade and tourism, the country’s participation in international and regional economic organizations, accession to international treaties, conventions, agreements in the field of foreign economic and customs activities, etc.).

There are two main types of customs policies: protectionist customs policies and free trade policies.

Protectionist customs policy provides for the establishment high level customs taxation of foreign goods imported into the domestic market.

A free trade policy is achieved by establishing a minimum level of customs duties or their absence.

The most difficult procedure for implementing any policy, including customs, is its implementation - the process of the state achieving its goals. The implementation of state customs policy is regulated by relevant regulations legal acts and includes the application of measures of customs tariff and non-tariff regulation of foreign trade.

Russia's customs policy contributes to the development of the national economy and its integration into the world economy. Currently, in the Russian Federation, state customs policy is formed by expert means, in the course of developing a set of customs-tariff and non-tariff measures for regulating foreign economic activity. Legislative authorities adopt regulations regulating this type of activity. The President of the country issues relevant decrees and orders. The Government of the Russian Federation, based on current laws, decrees and orders of the President, adopts relevant resolutions. Direct control over compliance with customs tariff measures for regulating foreign trade is carried out by the Federal customs service Russian Federation.

General information about foreign trade activities

Definition 1

Foreign economic activity is the economic activity of the state and entities entrepreneurial activity related to foreign trade in goods and services.

Foreign economic activity is a set of production, economic, organizational, commercial, and economic functions.

Activities related to foreign economic activity are controlled by the state. It should be noted that in addition to internal trade policy, work is carried out with all subjects of international economic relations.

Goals and objectives of foreign economic activity

Foreign economic relations are based on the interaction of economic entities of Russia with other entities of other states.

Foreign trade objectives:

• acquaintance with foreign manufacturers;
• application of various market research techniques;
• assessment of the capabilities of foreign enterprises;
• monitoring pricing policy for similar and identical goods;
• providing the state with the necessary resources for the production of a competing product.

Tasks of foreign economic activity:

• formulate strategies for the development of foreign trade relations;
• study basic principles foreign trade policy of the country;
• protect economic security states;
• protect the economic interests of the state;
• regulate foreign trade activities at the state level;
• ensure control of export-import operations;
• exercise control over the certification of products imported into Russia;
• apply a unified system for checking the quality of goods;
• determine flat rates customs duties;
• use unified statistical reporting for all subjects of foreign trade;
• provide loans to persons who need it;
• attract investors for capital investments;
• sign international contracts with other foreign entities;
• create new trade missions of Russia outside its borders.

Main goals and objectives of state regulation of foreign trade activities

Note 1

Today, Russia uses international experience in regulating foreign trade activities in practice. The main task facing government bodies is the formation of a legislative framework and the creation of favorable conditions for conducting international business. At the same time, the state must strengthen control over the performance of functions that are provided for all subjects of foreign economic activity, which is necessary to ensure national security.

In Russia there is a process of liberalization of foreign trade activities. That is why it is necessary to adhere to the basic principles of foreign economic activity:

• equality of all participants in foreign economic activity;
• protection of the rights and interests by the state of all participants in foreign economic activity;
• interference of government bodies in the foreign trade policy of an economic entity is excluded.

The basic concept of the state is uniform requirements for foreign economic and foreign policy. It is on this concept that cooperation between other countries is based. This concept corresponds to the new concept of “conjuncture”.

Definition 2

Conjuncture is an economic situation that occurs in the market and characterizes the level of supply and demand.

The new concept provides for targeted integration into the world economy.

The main goal facing the state is to provide favorable conditions for the implementation of foreign trade activities, to protect the political and economic interests of Russia.

Regulation of foreign economic activity by the public sector is not only support and stimulation of domestic producers, but also control of the fulfillment of national interests to ensure internal security. It is also necessary to strengthen control over exporters’ compliance with international trade rules related to price formation.

The basic principles of state regulation of foreign trade activities are enshrined in Art. 4 Federal Law of December 8, 2003 N 164-FZ “On the fundamentals of state regulation of foreign trade activities”

The principles represent the initial principles in the mechanism of state regulation. They guarantee the continuity and consistency of the rule-making process and ensure the interconnection of foreign trade legislation and trade policy. Principles play a special role in shaping judicial and administrative practice. They also contribute to the abolition of outdated and adoption of new legal norms, interpretation of legal acts and elimination of gaps in legislation, etc.

1. The principle of state protection of the rights and legitimate interests of participants in foreign trade activities, as well as the rights and legitimate interests of Russian producers and consumers of goods and services.

The state ensures the protection of the rights and legitimate interests of legal and individuals participating in foreign trade activities. This is one of the goals of the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities.”

The law provides for the possibility of using various instruments of state regulation of foreign trade activities. So, for example, if a foreign state takes measures that violate the economic interests of Russian persons, including measures that unreasonably deny Russian persons access to the market of a foreign state or otherwise unreasonably discriminate against Russian persons, the Government of the Russian Federation may introduce retaliatory measures - measures to restrict foreign trade in goods, services and intellectual property.

Along with the protection of participants in foreign trade activities, state regulation of foreign trade activities is also aimed at protecting the rights and legitimate interests of Russian producers and consumers of goods and services. For this purpose, the arsenal of trade policy instruments contains, for example, special protective measures, anti-dumping measures and compensatory measures that can be introduced when importing goods to protect the economic interests of Russian manufacturers of goods (Federal Law of December 8, 2003 N 165-FZ “On special protective measures”) , anti-dumping and countervailing measures for the import of goods"). Many measures affecting the rights and legitimate interests of Russian consumers of goods and services are aimed at protecting foreign trade goods and services and introduced on the basis of national interests (Articles 32 and 35 of the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities”).

2. The principle of equality of participants in foreign trade activities and their non-discrimination, unless otherwise provided by federal law.

This principle is closely related to the constitutional principle of legal equality (Article 19 of the Constitution of the Russian Federation), recognition and protection equally of private, state, municipal and other forms of property (Article 8 of the Constitution of the Russian Federation).

It should be noted that the constitutional principle of equality of rights and freedoms of man and citizen does not exclude the presence of special rights, benefits and advantages for individual categories persons In this case, there is a combination of the principles of equality and justice based on the consideration in legislation of natural and social differences of individual categories of persons. It is important that the corresponding benefits are legally formalized (see, for example, Section VI of the Law of the Russian Federation “On Customs Tariffs” (Articles 34 - 37), dedicated to tariff benefits).

Simultaneously with consolidating the principle of equality of participants in foreign trade activities, the legislator establishes a ban on discrimination against them. The state should not discriminate against participants in foreign trade activities, that is, provide some entities with conditions for foreign trade activities that are worse than those provided to other entities. Yes, Art. 22 of the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities” is devoted to the non-discriminatory application of quantitative restrictions; in Art. Article 23 stipulates that the distribution of quotas is based on the equality of participants in foreign trade activities in relation to receiving a quota and their non-discrimination based on the form of ownership, place of registration or market position; Art. 26 requires organizations that are granted the exclusive right to export and (or) import certain types of goods to carry out transactions for the export and (or) import of certain types of goods, based on the principle of non-discrimination and guided only by commercial considerations.

The prohibition of discrimination is not absolute: in cases provided for by federal law, the use of discriminatory measures may be recognized as lawful (for example, as retaliatory measures, etc.).

3. The principle of unity of the customs territory of the Russian Federation.

The concept of “customs territory” refers to the territory in which the customs legislation of a given country is fully in force.

In accordance with Article 5 of the Law of the Russian Federation “On Customs Tariffs”, the customs territory of the Russian Federation is the territory over which the Russian Federation has exclusive jurisdiction in relation to customs matters.

The Customs Code of the Russian Federation of 2003 (Article 2) defines the customs territory of the Russian Federation as follows:

The territory of the Russian Federation constitutes the single customs territory of the Russian Federation (clause 1);

The customs territory of the Russian Federation also includes artificial islands, installations and structures located in the exclusive economic zone of the Russian Federation and on the continental shelf of the Russian Federation, over which the Russian Federation exercises jurisdiction in accordance with the legislation of the Russian Federation (clause 2);

On the territory of the Russian Federation there may be special economic zones created in accordance with federal laws that are part of the customs territory of the Russian Federation (clause 3).

To determine the spatial limits of the customs territory, the concept of “customs border” is used. The customs border is understood as a line delimiting the customs territory: “The customs border is the border of the customs territory of the Russian Federation” (Clause 2 of Article 5 of the Law of the Russian Federation “On the Customs Tariff”). The customs border outlines the spatial limits of the customs legislation of a given state and divides the customs territories of neighboring countries. In other words, the customs border establishes the scope of the customs sovereignty of the state.

The principle of the unity of the customs territory is aimed at preventing the emergence of foreign trade and customs particularism. It eliminates the possibility of the emergence of internal customs borders.

The principle of the unity of the customs territory is derived from the legal norms contained in Articles 8 and 74 of the Constitution of the Russian Federation, which enshrines the unity of the economic space, the free movement of goods, services and financial resources, support for competition and freedom of economic activity; there is a ban on the establishment of internal customs borders, as well as in Article 71 (clause “g”), in which the establishment of the legal foundations of the single market and customs regulation are the responsibility of the Russian Federation.

The principle of the unity of the customs territory is not contradicted by the norms of customs legislation that allow the exclusion of certain territories from the customs territory of the Russian Federation: “There may be free customs zones and free warehouses on the territory of the Russian Federation. The territories of free customs zones and free warehouses are considered to be outside the customs territory of the Russian Federation, except for cases determined by this Code and other legislative acts of the Russian Federation on customs affairs" (Part 3 of Article 3 of the Customs Code of the Russian Federation of 1993). The creation of so-called special economic zones in certain territories of the Russian Federation with the establishment of special models of customs regulation for these territories (Federal Law “On the Special Economic Zone in the Kaliningrad Region”, Federal Law “On the Special Economic Zone in the Magadan Region”) does not contradict this principle.

4. The principle of reciprocity in relation to another state (group of states).

Reciprocity is a generally recognized principle of interstate relations, according to which states must build relations with each other, including in the trade sphere, on a mutually beneficial, equal basis, taking into account the legitimate interests of the other party.

In the commented Law, reciprocity is understood as the provision by one state to another state of a certain regime of international trade in exchange for the provision by the second state of the same regime to the first state (Article 2 of the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activity”). A particular international trade regime (for example, most favored nation treatment) can be presented to both an individual state and a group of states (for example, the European Union).

5. The principle of ensuring the fulfillment of the obligations of the Russian Federation under international treaties of the Russian Federation and the implementation of the rights of the Russian Federation arising from these treaties.

State regulation of foreign trade activities should be aimed at ensuring the principle of conscientious fulfillment of obligations under international law. This principle of international law is a fundamental norm that legally obliges subjects to conscientiously exercise their rights and obligations arising from the principles and norms of international law.

The principle of faithful performance of obligations is one of the oldest principles of international law (it dates back to the ancient Roman maxim: Pacta sunt servanda! - Treaties must be fulfilled!). It is necessary for the existence of international law in any era, since its rejection would mean depriving international law of its legally binding force.

This principle is enshrined in many major international legal acts. For example, in the Vienna Convention on the Law of Treaties of 1969 it was formulated as follows: “Every treaty in force is binding on its parties and must be performed by them in good faith” (Article 26).

International law in characterizing this principle, it is assumed that in the exercise of their sovereign rights, including the right to establish their laws and administrative rules, states must ensure that their laws, administrative rules, practices and policies are consistent with their obligations under international law.

In the commented Law, the legislator repeatedly mentions the need for the Russian Federation to fulfill international obligations in connection with the use of one or another instrument of state regulation of foreign trade activities: for example, in Art. 24 provides for the establishment of licensing for the Russian Federation to fulfill international obligations; Art. Art. 32, 35 and 36, for these purposes, it is possible to introduce measures affecting foreign trade in goods, services and intellectual property.

6. The principle of selecting measures of state regulation of foreign trade activities that are no more burdensome for participants in foreign trade activities than is necessary to ensure the effective achievement of the goals for the implementation of which measures of state regulation of foreign trade activities are supposed to be applied.

It is assumed that when choosing a specific instrument for influencing foreign trade activities, the state will give preference to an instrument that, on the one hand, will ensure the effectiveness of trade policy and government regulation in this area, and on the other hand, will not be unduly burdensome for participants in foreign trade activities. This principle is closely related to other principles of state regulation of foreign trade activities enshrined in the commented article: the principle of reasonable and objective application of measures of state regulation of foreign trade activities, as well as the exclusion of unjustified interference by the state or its bodies in foreign trade activities and causing damage to participants in foreign trade activities. Restricting the entrepreneurial freedom of a participant in foreign trade activities using tariff and non-tariff regulation methods is possible to the extent that it serves the main goal - ensuring favorable conditions for foreign trade activities, as well as protecting the economic and political interests of the Russian Federation.

7. The principle of transparency in the development, adoption and application of measures of state regulation of foreign trade activities.

Glasnost means mandatory openness (transparency) for society and funds mass media procedures for the development, adoption and application of measures of state regulation of foreign trade activities, mandatory publication in the open press of decisions of state bodies adopted on this issue. The principle of openness makes it possible to ensure the implementation of other principles of state regulation of foreign economic activity - equality and non-discrimination of participants, ensuring the right to appeal in court or other procedures established by law against illegal actions (inaction) of state bodies and their officials, as well as the right to challenge regulatory legal acts of the Russian Federation, infringing on the right of a participant in foreign trade activities to carry out foreign trade activities, etc.

The principle of transparency is repeatedly mentioned in the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities”: for example, Art. 15 is devoted to issues of transparency in the development of measures of state regulation of foreign trade activities; in Art. 28 provides that pre-shipment inspection must be carried out in compliance with the principles of transparency and openness.

Publicity should not violate the information confidentiality regime established in individual cases. State authorities of the Russian Federation and officials of state authorities of the Russian Federation carrying out activities related to state regulation of foreign economic activity must ensure the confidentiality of information constituting state, commercial and other secrets protected by law, and use it only for the purposes for which such information is provided (v. 17).

8. The principle of validity and objectivity in the application of measures of state regulation of foreign trade activities.

Measures of state regulation of foreign trade activities should be taken on the basis of careful scientific analysis all circumstances and factors that make it possible to accurately and objectively assess the need to take appropriate measures, calculate their effectiveness, and the possible economic, social and political consequences of their adoption. The implementation of this principle in practice is facilitated by the activities of various research institutes, expert advice, groups of consultants involved in the development of measures of state regulation of foreign trade activities.

9. The principle of excluding unjustified interference by the state or its bodies in foreign economic activity and causing damage to its participants and the economy of the Russian Federation.

The Constitution of the Russian Federation (Article 34) enshrines: “Everyone has the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law.” In relation to foreign economic activity, this principle means that, within the framework of the rules established by the laws and regulations of the Russian Federation, its participants enjoy complete freedom of activity.

To regulate relations arising in the foreign trade sphere, the principles enshrined in Article 1 of the Civil Code of the Russian Federation are fully applied: equality of the parties to civil relations, inviolability of property, freedom of contract, inadmissibility of outside interference in the relations of the parties (including from government bodies), the need for the unhindered exercise of rights, ensuring the restoration of violated rights, and their judicial protection.

Obviously, this principle does not exclude the possibility government intervention in foreign trade activities as such. In Law we're talking about on excluding cases of unjustified interference. In certain situations, the state not only can, but is also obliged to intervene in foreign trade activities, thereby protecting the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state (Article 55 of the Constitution of the Russian Federation).

10. The principle of ensuring the country’s defense and state security.

State regulation of foreign trade activities should be aimed at ensuring:

Defense, which means a system of political, economic, military, social, legal and other measures to prepare for armed defense and armed defense of the Russian Federation, the integrity and inviolability of its territory (Article 1 of the Federal Law of May 31, 1996 N 61-FZ “ About defense");

Security, which is defined by the legislator as the state of protection of the vital interests of the individual, society and the state from internal and external threats (Article 1 of the Law of the Russian Federation of March 5, 1992 N 2446-1 “On Security”).

For example, such institutions of foreign trade legislation as military-technical cooperation and export control are directly related to the principle of ensuring defense and security. For these purposes, special measures may be established that affect foreign trade in goods, services and intellectual property (Articles 32, 35 and 36 of the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities”).

11. The principle of ensuring the right to appeal in court or in another manner established by law against illegal actions (inaction) of state bodies and their officials, as well as the right to challenge regulatory legal acts of the Russian Federation that infringe on the right of a participant in foreign economic activity.

This principle ensures the protection of the rights and legitimate interests of participants in foreign trade activities from encroachments and abuses by government bodies and their officials involved in regulating foreign trade activities.

A participant in foreign trade activities has the right to appeal a decision, action (inaction) government agency or his official, if such a decision, action (inaction), in the opinion of a participant in foreign trade activities, violates his rights, freedoms or legitimate interests, creates obstacles for him to realize them, or illegally imposes any obligation on him (Article 18 of the commented Law ).

A decision, action (inaction) of a government body or its official may be appealed to a court, arbitration court and in cases established by law Russian Federation, to a higher state body.

Participants in foreign trade activities are also given the right to challenge regulatory legal acts that infringe on their right to carry out foreign trade activities.

12. The principle of unity of the system of state regulation of foreign economic activity.

This unity is due to a number of factors, among which we should first of all mention:

Unity of the goals of state regulation of foreign trade activities: ensuring favorable conditions for foreign trade activities, protecting the economic and political interests of the Russian Federation;

Unity of trade policy of the Russian Federation;

Attribution of the following areas of activity to the jurisdiction of the Russian Federation: establishment of the legal foundations of the single market; financial, currency, credit, customs regulation, money issue, fundamentals of pricing policy; federal economic services, including federal banks, etc. (Article 71 of the Constitution of the Russian Federation);

Unity of the customs territory of the Russian Federation.

This principle presupposes the establishment unified system control over the mechanism of state regulation of foreign trade activities.

13. The principle of unity of application of methods of state regulation of foreign economic activity throughout the entire territory of the Russian Federation.

This principle is closely related to the previous principle - the unity of the system of state regulation of foreign trade activities.

In accordance with Art. 12 of the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities” state regulation of foreign trade activities is carried out through the following methods:

1) customs and tariff regulation;

2) non-tariff regulation;

4) measures of an economic and administrative nature that contribute to the development of foreign trade activities and provided for by the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities.”

At the same time, the legislator prohibits the use of others not provided for in Art. 12 methods of state regulation of foreign trade activities.

The unity of application of methods of state regulation of foreign trade activities is ensured by the unity of the corresponding regulatory framework: the application of the mentioned methods is carried out in accordance with international treaties of the Russian Federation, the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities”, other federal laws and other regulatory legal acts of the Russian Federation that constitute normative basis of state regulation of foreign trade activities.

The principle of uniform application of methods also means that these methods are applied uniformly throughout the Russian Federation.

Foreign economic activity: training course Makhovikova Galina Afanasyevna

2.1. Goals and principles of regulation of foreign economic activity

Conducted since the early 90s. in Russia, economic reforms directly extended to the foreign economic sphere, where consistent liberalization of foreign trade activities was carried out. In 1992–1995 in general, a system of state regulation of foreign economic relations was formed, using methods and tools inherent in countries with a market economy. The accumulated experience in the implementation of national foreign economic policy, ensuring the transition from mainly administrative to economic methods of regulation, made it possible to prepare, using world practice, the Law of the Russian Federation “On State Regulation of Foreign Trade Activities”, which came into force on June 1, 1996. It sets out the basic principles of regulation foreign trade activities, the competence of the Russian Federation and its subjects in this area is differentiated, the main functions of the federal executive and legislative bodies responsible for regulating foreign trade activities are listed, the basics of customs, tariff and administrative regulation, export-import currency control, the most important forms of promoting the development of foreign trade activities are determined .

The main principles of foreign trade regulation are:

1) unity of foreign trade policy as an integral part of the foreign policy of the Russian Federation;

2) unity of the system of state regulation of foreign trade activities and control over its implementation;

3) unity of export control policy implemented in order to implement state tasks ensuring national security;

4) unity of the customs territory of the Russian Federation;

5) priority economic measures state regulation of foreign trade activities;

6) equality of participants in foreign trade activities and their non-discrimination;

7) protection by the state of the rights and legitimate interests of participants in foreign trade activities;

8) exclusion of unjustified interference by the state and its bodies in foreign trade activities, causing damage to its participants and the economy of the Russian Federation as a whole.