Shkiperov A.A., Burygin A.A., Naku A.A., Vershkova M.A. —
Improvement of legal liability for violations in the field of export control
// Administrative and municipal law. – 2026. – ¹ 1.
– P. 107 - 121.
DOI: 10.7256/2454-0595.2026.1.77445
URL: https://en.e-notabene.ru/ammag/article_77445.html
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Abstract: The article analyzes the institutions of administrative and criminal liability in the field of export control of the Russian Federation as a key instrument ensuring national and international security. It examines the relationship between mandatory requirements established by export control legislation, compliance with which is assessed during state control by the Federal Service for Technical and Export Control (FSTEC Russia) and customs authorities, and the applicable liability measures provided by the Administrative Offences Code of the Russian Federation (CoAP RF) and the Criminal Code of the Russian Federation (Criminal Code RF). Special attention is given to justifying the imbalance between the number of detected violations and the limited number of initiated cases that lead to the imposition of punishment, as well as the issues of qualifying unlawful acts when distinguishing between export and customs control. The authors investigate the duplication and competition of the provisions of Articles 14.20 and 16.3 of the CoAP RF and Articles 189 and 226.1 of the Criminal Code RF, the impact of judicial practice on the implementation of the principles of non bis in idem for the same act, and the effectiveness of combating illegal cross-border circulation of dual-use goods and technologies. The research methods employed by the authors include both general scientific methods (abstraction, induction, deduction, hypothesis, analogy, synthesis, typology, classification, systematization, generalization, and others) as well as specialized methods of scientific cognition (system analysis, comparative legal, formal-legal, legal hermeneutics, system-structural, legal modeling, etc.), which are applied depending on the objectives and characteristics of the research object. The authors propose a comprehensive model of the correlation between mandatory requirements in the field of export control, detected violations, and resulting legal liability, allowing for a foundation of their systemic disproportion. It is proven that the priority of administrative offenses in the field of customs over special offenses in the field of export control, as well as the significantly limited statute of limitations for the latter, actually undermines the functions of the legal liability institution and the preventive potential of regulation. The necessity of recognizing Part 1 of Article 14.20 of the CoAP RF as a special norm in relation to Article 16.3, increasing the statute of limitations, and limiting the application of insignificance as a basis for exemption from liability is substantiated. The authors demonstrate that the low effectiveness of Article 189 of the Criminal Code RF is caused not by defects in the disposition but by the fragmentation of the evidence base among controlling bodies.
Burygin A.A., Shkiperov A.A., Sergeev I.V., Naku A.A. —
Risk management system used by the customs authorities of the Russian Federation: problems and areas for improvement
// Administrative and municipal law. – 2026. – ¹ 1.
– P. 12 - 34.
DOI: 10.7256/2454-0595.2026.1.77998
URL: https://en.e-notabene.ru/ammag/article_77998.html
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Abstract: The subject of this study is the legal regulation of the risk management system (RMS) applied by the customs authorities of the Russian Federation within the framework of the EAEU. The work analyzes the place and role of RMS in the system of customs law and customs administration, its relationship with the institution of customs control, as well as the implementation of the principle of selectivity of objects and measures to minimize risks. Special attention is given to the study of the mechanism for categorizing individuals performing customs operations as a tool of the subject-oriented model of RMS, aimed at ensuring differentiated application of risk minimization measures regarding customs control objects, taking into account the risk level category of the foreign economic activity participant. The authors conduct a detailed analysis of supranational and national regulation of RMS, international WTO and WCO standards in this area, as well as the peculiarities of law enforcement practice. Based on the research findings, the authors justify the problems of the current RMS model applied by the customs authorities of the Russian Federation and propose directions for its improvement. The research methods used by the authors include both general scientific methods (abstraction, induction, deduction, hypothesis, analogy, synthesis, classification, systematization, generalization, and others) and specific methods of scientific cognition (systemic analysis, comparative legal, formal legal, legal hermeneutics, systemic-structural, legal modeling, and others). The scientific novelty of the work lies in the comprehensive justification of the independence of the risk management institution within the system of customs law and its absorption of the customs control institution. It is concluded that RMS is not limited solely to the selection of customs control objects but represents a continuous cycle of actions, including the collection and analysis of information, identification and assessment of risks, development of risk profiles, application and subsequent evaluation of measures to minimize risks, and the use of the results of such evaluations to improve RMS. It is justified that the current model of categorizing participants in foreign economic activity is undergoing a crisis, manifested in an excessive concentration of subjects in the medium risk category, which reduces the stimulating and preventive potential of RMS. It is concluded that there is a need to shift the focus of RMS application towards the stage of preliminary information and the introduction of flexible risk assessment criteria. It is shown that international standards define key directions for the development and modernization of national customs risk management systems.
Burygin A.A., Shkiperov A.A., Vin'kova T.V., Agamagomedova S.A. —
Dispatching of customs declarations in the Russian Federation: problems of legal justification
// Administrative and municipal law. – 2025. – ¹ 1.
– P. 1 - 17.
DOI: 10.7256/2454-0595.2025.1.72952
URL: https://en.e-notabene.ru/ammag/article_72952.html
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Abstract: The subject of this study is the regulation of public relations proposed by the Federal Customs Service and the Ministry of Finance of the Russian Federation related to the automatic distribution of electronic customs declarations for goods between authorized electronic declaration centers using the customs information system, in particular, provided for by the current version of the draft order of the Ministry of Finance of the Russian Federation "On the powers of customs authorities to register customs declarations". Special attention in terms of argumentation of the need and specifics of the legal justification and regulatory consolidation of dispatching is paid to the positive effects of such a mechanism, which, in the author's opinion, are an integral manifestation and condition of full-scale digitalization and automation of customs authorities, established as a target for the development of the customs service of the Russian Federation until 2030, designed to ensure operational regulation and redistribution of the declarative array. To optimize the burden on officials, shorten the period of release of goods, simplify and accelerate customs operations, ensure uninterrupted registration of electronic customs declarations, and eliminate the possibility of interaction between declarants and customs officials is aimed at reducing the likelihood of corruption offenses. The authors used both general scientific methods (abstraction, induction, deduction, hypothesis, analogy, synthesis, typology, classification, systematization, generalization, and others) The same applies to special methods of scientific knowledge typical of jurisprudence (comparative law, historical, formal law, legal hermeneutics, system-structural, legal modeling, and others). The novelty of the scientific research lies in the applied proposals developed on the basis of the results of a comprehensive analysis of the existing sources of the EAEU law and the legislation of the member states on customs regulation, law enforcement practice regarding the legal justification of dispatching customs declarations in the Russian Federation as an integral direction in the implementation of strategic directions for the development of the customs service, providing for the formation by 2030 of a qualitatively new, rich "artificial intelligence", a rapidly reconfigurable, informationally connected with internal and external partners, a "smart" customs service that is invisible to law-abiding businesses and effective for the state, especially in terms of creating a "smart", flexible, information-rich, self-adjusting risk management system, as well as implementing and improving the effectiveness of the anti-corruption mechanism in in the customs sphere.
Shkiperov A.A., Al'bov A.P., Arutiunian G.V., Burygin A.A. —
Concepts of customs law
// Administrative and municipal law. – 2024. – ¹ 6.
– P. 1 - 42.
DOI: 10.7256/2454-0595.2024.6.72031
URL: https://en.e-notabene.ru/ammag/article_72031.html
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Abstract: The subject of this study are the concepts used to regulate public relations related to the realization of ownership of goods transported across the customs border, power relations between customs authorities and persons exercising ownership of goods, as well as public relations related to the regulation of customs affairs. The authors consider in detail the established legal and scientific approaches to the definition of the basic concepts of customs law, the analysis of which reveals their essential features, essence and content. The authors study in detail such concepts as customs legal relations, customs control, customs regulation, customs business, customs administration, customs policy, customs law, customs legislation and others. Special attention in the framework of the study is paid to providing a comprehensive analysis of these concepts, taking into account the specifics of approaches to their understanding in various spheres of public relations. The authors used general scientific methods (abstraction, induction, deduction, hypothesis, analogy, synthesis, typology, classification, systematization, generalization and others) as well as special methods of scientific cognition characteristic of jurisprudence (comparative law, historical, formal law, legal hermeneutics, system-structural, legal modeling and others). The scientific novelty of the research lies in the conclusions and proposals aimed at improving the basic terminology of customs law, based on ensuring uniform approaches to the unambiguous definition of the basic concepts of customs law, which do not contradict the current legislation and are aimed at its development. The authors substantiate the critical importance of unifying the understanding of customs law terms in order to achieve a unified customs regulation, uniformity of law enforcement practice during customs control and customs operations both in the customs territory of the Eurasian Economic Union and in the Russian Federation. A special contribution of the authors is the realized attempt to integrate the approaches of the legislator, representatives of legal and economic sciences to the definition of customs law concepts as the only guarantee of effective regulation and management of public relations in the field of foreign economic activity.
Shkiperov A.A., Kleimenova A.N. —
Administrative responsibility as a factor of innovative development in Customs
// Administrative and municipal law. – 2023. – ¹ 2.
– P. 68 - 78.
DOI: 10.7256/2454-0595.2023.2.39762
URL: https://en.e-notabene.ru/ammag/article_39762.html
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Abstract: The article is devoted to the study of the influence of the institute of administrative responsibility on the innovative development of customs administration and digitalization of public governance. Automation of customs operations, categorization of participants in foreign economic activity, selection of objects and forms of customs control using software tools are directly related to administrative responsibility in the field of customs. Conclusions are formulated concerning the need to stimulate innovative development of the commercial side of the customs sphere, as well as the need to ensure the effectiveness of the use of automated systems, minimize potential risks, develop a legal regulation mechanism that excludes bringing to administrative responsibility of foreign trade participants for illegal acts that are not guilty, but arose as a result of errors or technical malfunctions of automated systems. The subject of the research in this article is therefore the influence of the institute of administrative responsibility on the innovative development of customs administration and foreign economic activity. The research methods were: analysis, synthesis, generalization, comparison and analogy, induction and deduction, universal dialectical, logical, statistical, formal legal research methods, the method of legal forecasting, etc. Based on the results of the scientific research, the authors substantiate the need to revise the place and role of the institute of administrative responsibility in the field of customs relations, and also formulate proposals for improving this institute in order to ensure accelerated and balanced innovative development of both customs administration and foreign economic activity