Rather-legal analysis of customs legislation of the Russian Federation and China as the members of the World Trade Organization
The conclusions drawn by results of comparison of the standards of the customs legislation of the Russian Federation and People's Republic of China are given in this article. Provisions of the International Convention on Simplification and Harmonization of Customs Procedures ratified in the specified countries are analyzed. Features of interpretation of provisions of the Kyoto convention in Russia and in China are revealed. The author formulated strong and weaknesses of the customs legislation of Russia and China and revealed ways on its improvement on the basis of the carried-out analysis.
The book presents in an accessible and clear form the organizational and legal foundations of the modern international customs Rights enshrined in the most important customs conventions adopted under the auspices of the Council for Customs Cooperation - the World Customs Organization: Kyoto Convention on the Simplification and Harmonization of Customs Procedures, the TIR Convention, the Istanbul The Convention on Temporary Importation, as well as on the Harmonized System of Coding and Description of Goods. The book is published in English and is intended, inter alia, for use as a study guide in the study Training course "International Customs Law" in English.
Providing a legislative framework for the term of Illegal trafficking as an illegal and criminally punishable act is considered as a regulatory guide for its governmental counteraction. The author
demonstrates the need for the term of Illegal trafficking study due to recent criminal and customs laws changes in Russia. The article provides results of research on origins of the term of Illegal trafficking in Russian legislation. These results reveal that in the pre-revolutionary period the term was set in customs laws. Meanwhile, the author states that the term was used to describe any activity related to secret movement of goods across the customs border or despite them or to describe evasion of taxes
and custom duties. The Soviet customs law provided even wider definition of the illegal trafficking term. It also included a list of associated activities. Modern Russian legislation also defined the term differently. Besides, the term is used both in customs and criminal law. Since illegal trafficking in Russia is defined as criminally punishable act in customs law, the author closely studies interrelation between the criminal and customs legislation relating to illegal trafficking definition. The author states
that current criminal law definition can not be defined without customs regulations. The author also analyses customs legislation, points out its weaknesses and suggests ways of optimization.
Customs payments play special role in the economy of the Russian Federation. They composed just over 50 percent of the total budgetary income on the eve of the Russian Federation’s entry into the EurAsEC Customs Union. The article considers the changes which occurred in the legal base of customs regulation since the EurAsEC Customs Union was created and the Russian Federation became a member. The customs legislation structure of the Customs Union is analyzed in the article. Special attention is given to the acts which became the source of financial law in the Russian Federation, being adopted by supranational regulator, the Eurasian Economic Commission.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/