Theory and science of administrative and municipal law
Reference:
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 EDN: BVQJEQ URL: https://en.nbpublish.com/library_read_article.php?id=72031
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.
Keywords:
customs sphere, customs supervision, customs legislation, customs law, customs policy, administration of customs law, customs business, customs regulation, customs control, customs legal relations
Administrative and municipal law: business, economy, finance
Reference:
Milchakova O.V.
«Strategic business company» in the understanding of the Law on Foreign Investments
// Administrative and municipal law.
2024. ¹ 6.
P. 43-59.
DOI: 10.7256/2454-0595.2024.6.72186 EDN: HCUKYI URL: https://en.nbpublish.com/library_read_article.php?id=72186
Abstract:
The object of the study is the implementation of foreign investments in strategic sectors of the economy, the subject of the study is a «strategic business entity» as an object of investment activity. The author examines aspects of the normative and legal definition of «a business entity of strategic importance for ensuring the defense of the country and the security of the state», the features of the use of this concept in law enforcement. Particular attention is paid to the role of strategic business entities in ensuring the implementation of the National Security Strategy of the Russian Federation. The methodological basis of the study was made up of general logical methods of theoretical analysis, as well as a special formal-legal method and a method of technical-legal analysis. The conclusion is substantiated about the law enforcement agency going beyond the literal interpretation of the regulatory definition of a «strategic business entity» and a new concept of such a company is formulated and understood as «a legal entity created in the Russian Federation, implementing and (or) having the ability to implement, on the basis of a license, other permit document or agreement, any of the types of activities that are of strategic importance for ensuring the defense of the country and the security of the state and the implementation of national priorities provided for by the National Security Strategy of the Russian Federation (including performing work, providing services, delivering products necessary for another legal entity to implement the specified type of activity)». This definition must be provided for in the law in order to ensure legal certainty and create a positive investment climate.
Keywords:
national defense, economic security, national interests, strategic national priorities, National Security Strategy, strategic sectors of the economy, strategic business company, foreign investor, foreign investment, Government Commission