Frolov V. A. Legal Structures of Implementing the Prohibitions and Restrictions when Importing or Exporting through the Customs Border of the Customs Union

Abstract: The diversity of the forms of social relations which were created by Russia’s transition to the free economic development path, has mediated the requirement to study their structures, identify their systematic nature, explore the elements, methods and means by which they are regulated by the government. In this article, the author considers the legal structures of implementing the relationships in establishing non-economic prohibitions and restrictions in customs relationship at law, identifies the elements of such relationship, proposes for a scientific discussion the definition of the legal structure for implementing the relationship in establishing non-economic prohibitions and restrictions in customs relationship at law, considers some practical examples. On the basis of the legal structure of establishing non-economic prohibitions and restrictions in customs relationship at law that was identified and its elements, the author attempts to build a model of the social relations which are formed in customs relationship at law when goods or vehicles cross the customs border of the Customs Union. Methodological basic is made up from: dialectical method of cognition, fundamentals of philosophy and theory of law which helped to describe the specific feature, essence, internal connection and identify the inconsistencies between the two legal categories: “prohibitions” and “restrictions”, their integrity and systematic nature, and which provided the pre-requisites for identifying the problems and formation of one’s own understanding and idea of the categories under study. The articles draws the conclusion that the legal structure of establishing non-economic prohibitions and restrictions in customs relationship at law is a means to model the social relations in foreign economic operations. It was established that the foundation of the legal structure of implementing the legal prohibitions and restrictions in the customs sphere is made up of the three key elements: international, cross-national and national rules and principles; rules of law establishing the rights and duties of participants of foreign economic operations; rules of law and means (mechanism) of coercion by the state procuring the due behavior of all the participants of foreign economic operations and the rules ensuring responsibility for any violation of any rules.

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