THE CUSTOMS LEGISLATION OF UKRAINE AND INTERNATIONAL CUSTOMS STANDARDS |
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Author |
 Shulga M. G., professor, Kharkiv, Pushinska, 77 |
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In heading |
Law; | ||||
Signed print |
24.10.2014 | Issues number |
2014 - № 4 (19) | Page |
220-232 |
Type of articles |
Scientific article | Code UDK |
342.95 | ISSN print |
2218-8010 |
Abstract |
Problem setting. In today’s conditions are more urgent legal adaptation of customs legislation with the international customs standards. For a long time in the territory of Ukraine separate international customs conventions (agreements) were related to specific customs and legal institutions, but did not address the principles of customs legislation did not require revision of the entire regulatory framework for its compliance with the provisions of the customs and other international agreements. Based on his sovereign that each state establishes itself permits, restrictions, prohibitions in respect of goods, thereby regulating their importation into the country of exportation or transit. Adopt the decision according to the principles of foreign policy, which is part of the state customs policy in customs. Through the system established by order of goods across the customs border of Ukraine, the mechanisms of tariff and non-tariff regulation of foreign economic activity, participation in customs unions, free trade zones and international agreements (conventions) on customs issues state establishes a particular customs procedure. The state can not take into account the generally recognized principles and norms of international law in the customs area. Based on the principle of non-discrimination in international economic relations and international trade, each country can count on to give it to other states the conditions that would be at least equal to all. Adoption law in the field of customs governing the movement of goods across the border of the state, currency, vehicles, customs clearance, collection fees, customs control is nowadays usually based on international standards in this area. All these interrelated rules create custom mode, determining the status of goods and vehicles for customs purposes. Relations associated with transcontinental movement governed by national and international law — complement each other depending on the nature of the relationship and the subject of regulation. They manifest various aspects of the state in the field of foreign economic relations, emerging international legal position. In connection with the above, and given that some time has passed since the adoption of the third since independence Customs Code of Ukraine, there is a need to understand the theoretical propositions to define a particular type of customs regulations, taking into account the generally recognized principles and norms of international law. Recent research and publications analysis. The issue of establishing a particular type of customs regulations, taking into account the generally recognized principles and norms of international law attracted the attention of scholars in law and economics. They engaged Sandrovskyy K. К., Borisov C. G., Habrychydze B. M., Sheiko A. V., Opryshko V. F., Kozyrin O. M., Grebelnyk O. P., Kormich B. A., Petrov G. A., Vakulenko А. О. et al. Review of scientific papers leads to the conclusion that despite the obvious relevance of these questions remain scarcely explored and disputed in legal science in general and in the customs law in particular. Positive perception of Ukraine international legal doctrine in the field of customs approval led to new approaches, some reflected in the Customs Code of 2012. [1] .About implementation of international standards in the field of customs requires further thorough research and proper customs and regulations. Paper objective. Aim of this paper is to analyze legal acts and scientific literature on the regulation of cross-border movement of goods and means of transport for commercial use in accordance with international standards in this area. In accordance with the designated purpose of the following objectives: the analysis of legal acts that establish the procedure for moving goods and vehicles in accordance with certain customs regimes, their appearance, customs control and their compliance with international norms and standards; proposals to improve legislation and its focus on harmonization and unification with generally accepted international standards. Paper main body. Ukraine as an independent subject of international law, apply the provisions of certain multilateral treaties. Activities of joining them in customs matters greatly intensified accession to the WTO and WCO. This led to a renewal of customs legislation. At present the current customs legislation transformed position of a number of international treaties (agreements), acting international standards in customs regulation. It is not all international agreements require compliance Ukraine national legislation with international norms. It is important to understand how much the current legislation on customs regulation meets international requirements presented. What are the problems and how much work will be required to achieve the desired result. Conclusions of the research. At the same time should be subjected to all the international instruments that apply to Ukraine, to identify all customs standards to be recorded in modern customs rulemaking. |
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Keywords |
Customs policy, customs regulations, international standards, the movement of goods and means of transport, customs regimes, customs law and international treaties. | ||||
Reviewer |
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External reviewer |
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Article in PDF |
4 220-232 | ||||
Bibliography |
none | ||||
Code DOI |
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04.09.2014