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., Kallaur R.R., Kleimenova A.N. —
Actual problems of legal regulation of innovations in the activities of a temporary storage warehouse
// Administrative and municipal law. – 2023. – ¹ 5.
– P. 53 - 66.
DOI: 10.7256/2454-0595.2023.5.44205
URL: https://en.e-notabene.ru/ammag/article_44205.html
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Abstract: The maximum possible acceleration, simplification and cheapening of all operations that make up foreign economic activity or accompanying it has always been one of the priority areas for the development of cross-border trade. Currently, in the context of a significant increase in the negative impact of political factors and, as a consequence, the complexity and reorientation of supply chains, the tendency to maximize the reduction of time, material and other costs on the way of goods movement is becoming most relevant for business structures. Meanwhile, the transformation of the economic activities of foreign trade participants at a certain stage creates prerequisites, and then – the objective need for a corresponding change in legal relations with administrative bodies, improvement of mechanisms of state control (supervision). In this case, problems naturally arise to ensure dynamic, organized and harmonious mutual development of administrative bodies and economic entities, their legal relations, as well as mechanisms of state regulation. Economic incentives that determine the directions of foreign economic activity development do not always correspond to the prevailing institutional and legal conditions of economic activity. In this regard, it is of particular importance to ensure the possibility of building a constructive dialogue between customs authorities and the business community.
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