Safonenkov P.N. The genesis of administrative coercion applied by customs bodies

Abstract: The research subject is the set of legal provisions applied on different stages of development of legal relations in customs affairs, and the historical and legal experience of administrative coercion in the customs sphere. The research object is the set of social relations arising in the process of application of administrative coercion in various historical periods. The author analyzes the evolution of Russian customs legislation, considers the peculiarities of legal regulation of administrative coercion, applied by customs authorities, defines the stages of evolution of customs affairs, influencing the development of the administrative coercion institution. In the author’s opinion, the administrative coercion institution in customs affairs is developing progressively and can be characterized by the normative procedure of consolidation. The research methodology is based on the set of general scientific and special research methods (comparative-historical, formal-logical, analytical, the method of unity of historical and logical, etc.). The author comes to the conclusion that after the formation of the Customs Union in 2010, the development of the institution of administrative coercion by Russian customs authorities, as well as by the customs authorities of other member-states, has shifted to another stage, requiring conceptual rethinking and reconsideration of legal regulation. At present, legal regulation of the administrative coercion institution in customs affairs should be aimed at the search for the optimal strategy of its implementation, with account for the conditions of development of the law-bound state. 

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