The main objectives of the regulation of foreign economic activity. Principles of state regulation of foreign economic activity

State regulation of foreign economic activity is a system of measures of a legislative, executive, controlling nature, carried out by authorized state authorities and aimed at achieving the intended goals.

As a rule, the goals of state regulation of foreign economic activity are established and fixed by the state at the legislative level. AT Russian Federation they were enshrined initially in the Federal Law "On State Regulation of Foreign Trade Activities" of 1995, and at the moment - in the current Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities" of 2003.

Formed on this moment the mechanism of state regulation of foreign economic activity is aimed at:

Protection of economic sovereignty;

Ensuring the economic security of the Russian Federation;

Stimulation of the development of the national economy in the implementation of foreign economic activity;

Providing conditions for effective integration of the economy of the Russian Federation into the world economy.

Protecting economic sovereignty. The concept of economic sovereignty is derived from the category of state sovereignty and means the fullness of state power in the system of domestic economic relations and participation in international economic relations in accordance with the principle of sovereign equality of states.

The objective trend of internationalization of economic activity, the intensification of the participation of the Russian Federation in the international division of labor create the basis for a more complete interpenetration Russian economy and the world economy.

Ensuring the economic security of the Russian Federation. State regulation of foreign economic activity is aimed at maintaining the economic security of the Russian Federation, which means ensuring such a state of the Russian economy that would guarantee a sufficient level of social, political and defense existence and progressive development of the Russian Federation, invulnerability and independence economic interests in relation to possible external and internal threats and impacts.

The National Security Concept of the Russian Federation (approved by Decree of the President of the Russian Federation of December 17, 1997 N 1300, as amended by Decree of the President of the Russian Federation of January 10, 2000 N 24) states that “ensuring national security and protecting Russia’s interests in the economic sphere are priority areas of policy states". At the same time, the need to strengthen the protection of the interests of domestic producers “in the context of liberalization foreign trade Russia and the aggravation of competition in the world market of goods and services.

Stimulating the development of the national economy in the implementation of foreign economic activity. Recently, foreign trade has shown itself to be a dynamically developing sector of the Russian economy, as evidenced by the data of foreign trade and customs statistics.

State regulation of foreign economic activity is aimed at progressive changes in the structure of production and consumption of goods in the Russian Federation. The foreign trade policy of the Russian Federation is focused on achieving this goal - the purposeful activity of the state to regulate international commodity exchange (volume, structure and conditions of export, import and transit) by establishing an appropriate foreign trade regime. It aims to provide:

best conditions access of Russian goods to world markets;

Effective level of protection of the domestic market of goods;

Access to international resources of strategic importance for economic development(such as capital and technology, goods and services, the production of which is absent or limited in the Russian Federation);

Favorable balance of payments of the country;

Efficiency Improvement state support export of products with high added value;

Compliance with the principle of reciprocity - a favorable balance of mutual concessions and obligations.

Providing conditions for effective integration of the economy of the Russian Federation into the world economy.

Foreign trade regulation is aimed at enhancing the ties between the Russian economy and the world economy. In the interests of developing and strengthening international economic integration, the Russian Federation creates customs unions, free trade zones with other states, concludes agreements on trade and economic issues, cooperation in the customs sphere, etc.

The National Security Concept of the Russian Federation (Section IV) lists the following as the most important tasks in the foreign economic sphere:

Creation of favorable conditions for the international integration of the Russian economy;

Expansion of sales markets for Russian products;

Formation of a single economic space with the CIS member states.

State regulation of foreign economic activity can be aimed at solving macroeconomic problems (stabilizing the national economy, ensuring sustainable growth, solving the most pressing socio-economic problems, etc.), as well as economic problems at the micro level (i.e. at the level of economic entities, participants in foreign economic activity) .

Thus, based on the provisions of Art. 1 of the Federal Law of 08.12.2003 N 164-FZ "On the basics of state regulation of foreign trade activity" the objectives of state regulation of foreign economic activity are:

Formation of the legal basis for state regulation of foreign trade activities;

Determining the powers of the Russian Federation and the subjects of the Russian Federation in the field of foreign trade activities in order to ensure favorable conditions for foreign trade activities, as well as to protect the economic and political interests of the Russian Federation;

Legal regulation of relations in the field of state regulation of foreign trade activities, as well as relations directly related to such activities;

Legal regulation of the peculiarities of export from the Russian Federation and import into the Russian Federation, including from the supply or purchase, of military products, development and production of military products;

Legal regulation of the features of state regulation of foreign trade activities in relation to goods, information, works, services, results of intellectual activity that can be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment.

3. Goals and objectives of state regulation of foreign economic activity in the Russian Federation.

International experience of state regulation of foreign economic activity is currently used in Russia. What is new in state regulation of foreign economic activity lies in the very approach to the role of the state. This new approach fundamentally changes the content of the role of the state, the principles on which it is based, the content of the functions of regulating foreign economic activity and their correlation; new problems and methods of their solution appear. The main task state regulation of foreign economic activity is the formation of its legislative framework, creating favorable economic and organizational conditions for the development of all types and forms of foreign economic activity and increasing its efficiency. At the same time, the function of control on the part of the state over the implementation by the subjects of foreign economic activity of the current legislation, ensuring national security is being strengthened.

In the context of the liberalization of foreign economic activity, the need to comply with international norms and rules, the regulatory role of the state is based on principles other than in the conditions of an administrative-command economy. These principles of state regulation of foreign trade activities are formulated in Art. 4 Laws. Among them:

Equality of participants in foreign economic activity and their non-discrimination;

State protection of the rights and interests of participants in foreign economic activity;

Exclusion of unjustified interference of the state and its bodies in

foreign trade activities of enterprises.

State regulation of foreign economic activity includes its financial, currency, credit, customs-tariff and non-tariff regulation, export control; determination of policy in the field of certification of goods in connection with their import and export. All these directions of regulation are based on the current legislation.

One of the most important functions of the state is the development of the concept of foreign economic activity and foreign economic policy, on the basis of which cooperation with other countries is built. For many years, Russia was dominated by a state monopoly of foreign trade, in which the choice of partner countries was determined primarily by political and ideological interests. The transition to a market economy meant the recognition in foreign trade of the equivalence of exchange, the need to take into account competitive advantages Russia, to analyze the state of the foreign economic complex, to develop a strategy for the development of foreign economic activity.

In a number of federal programs of the Government, starting from 1993, as well as in presidential decrees, a new concept was developed, which included:

Rational use of the existing raw material specialization of Russia in MRT;

Increasing the currency efficiency of raw material exports;

Expanding sales markets and changing their geography;

Development of export potential and improvement of the export structure;

Development of foreign economic activity infrastructure.

This concept corresponds new model cooperation with other countries, in the economic literature it is called "trading" or "opportunistic". It is based on bringing national prices closer to world prices, granting all legal entities and individuals the right to independently enter the foreign market. All this is preparation for the decision strategic goal reforms: integration into the world economy.

The new concept of foreign economic policy is that in modern conditions it is not enough to use the existing specialization of Russia in MRI, it is necessary to carry out purposeful integration into the world economy. This concept and the corresponding foreign economic policy are presented in the Federal Export Development Program. The central place in the latter is occupied by improving the structure of Russian exports, increasing the share of highly processed goods in it, developing progressive forms of international industrial and scientific and technical cooperation, investment cooperation, and joint implementation of innovative projects. This concept also corresponds to a new model - production-investment, or strategic.

The main features of this model are:

Coverage of the entire reproduction process (investment cooperation can begin at the stage of project preparation, and production and investment cooperation at the stage of mining, etc.):

Expansion of partnership relations with all countries only on the basis of mutual economic interests;

Coincidence with the world economic sphere.

Thus, with the production-investment model, export-import operations are supplemented by other types of foreign economic activity - industrial cooperation, investment cooperation. Foreign capital, new technologies, leasing equipment, etc. are beginning to be used at all stages of the reproduction process - in oil production and refining, in logging and processing, in diamond mining, etc. And then not only natural resources, but also products of their processing.

International cooperation helps to increase the efficiency of both extraction and production and export, since not only raw materials are exported, but also finished products. For example, the efficiency of exporting roundwood is 79%, timber from it - 129, blockboard - 143, and sawn timber - 169%.

The production and investment model can be formed using the methods and means of state regulation worked out by world practice. The most important step in this direction was made in the Federal Program for the Development of Exports, which determined, firstly, the prerequisites for creating a model - production, investment, scientific and technical, as well as the need to increase the volume of capital investments; secondly, consistency in the formation and development of the model; thirdly, the directions of creating a model:

Expansion of foreign investment;

Establishment of direct production links between enterprises;

joint venture;

Industry integration;

Establishing cooperation between territorial and production structures;

Improving the structure of the foreign economic complex.

The purpose of state regulation is to create legal, economic and organizational conditions that ensure effective foreign economic activity at all its levels. At this stage, the state should create conditions for the implementation of the strategic goal defined in the Federal Export Development Program: "improving the structure of Russian exports, understood as a long evolutionary process of increasing the efficiency and scale of export activities based on expanding the range and improving the quality of exported products, improving the commodity and geographical structure export, use of progressive forms of international trade and economic cooperation". To achieve this goal, it is necessary to solve a set of tasks not only in the foreign economic sphere, but also in legislation, foreign policy, management organization, personnel training, etc. When solving problems in these areas, any state, including ours, must take into account the following principles established in international practice:

1. Taking into account the requirements of international organizations, for example:

GATT/WTO regarding customs and tariff regulation;

World Customs Organization regarding customs procedures and their unification:

the European Union with respect to compliance with export quotas for certain types of goods, such as textiles;

UN specialized organizations;

IAEA - the international agency for atomic energy - on a special requirement for the export of special goods - nuclear materials and equipment that can be used both for peaceful and military purposes.

2. Liberalization of foreign trade.

3. Trading at world prices.

4. Introduction of a real foreign exchange market.

5. Balancing the balance of payments and trade with partner countries.

In accordance with international practice, the Russian Federation needs to solve problems in the field of foreign policy that will contribute to the implementation of the strategic goal. First of all, we are talking about Russia's accession to the World Trade Organization, in which the bilateral foreign trade policy of Russia with any state turns into a multilateral one with the possibility of considering trade disputes in the WTO structures, with the complication of the procedure for introducing quantitative restrictions on the import of Russian goods, with the harmonization of counterclaims and many others.

Secondly, this is the signing of agreements with foreign countries providing for the liberalization of mutual trade, the solution at the level of intergovernmental commissions on trade and economic cooperation of the problems of the structure and dynamics of trade flows between interested countries. The cooperation agreement signed between the Russian Federation and the EU contributes to the promotion of Russian goods to the markets of the EU member countries, on its basis an agreement was signed between the Russian Federation and the European Coal and Steel Community on harmonizing the conditions for the access of Russian steel products to the territory of Germany.

Thirdly, the task in the field of foreign policy is the formation of trade and political alliances that make it possible to resist the collective protectionism of countries that are members of regional groupings.

Great importance has signed agreements on the avoidance of double taxation and protection of capital investments, expanding the functions of Russian trade missions abroad in advising and informing foreign economic activity participants, as well as government agencies and public associations.

Particular attention should be paid to the directions of foreign policy in relation to the member states of the CIS. The economic interests of Russia are largely determined by the deep interconnection of the states - the former republics of the USSR, that has developed in the previous decades. The economic policy of Russia in relation to the CIS countries, as indicated in the Program of the Government of the Russian Federation "Reforms and Development of the Russian Economy in 1995-1997", will be aimed at:

Development and rationalization of cooperative economic relations on a scale that ensures the maintenance of Russian production, the supply (primarily food) of the population;

Maintaining a leading position in the CIS markets, especially in the sales of Russian finished products;

Ensuring access to raw materials that the former Soviet republics have;

Guaranteed and safe use of transit communications serving the export-import commodity flows of Russia to third countries;

Cooperation and coordination of the efforts of the CIS countries in the structural transformation of production, in optimizing the deployment of production forces.

An active economic policy towards the countries of the near abroad is considered by the government as one of the levers for improving the Russian economy and creating conditions for its growth in the future, achieving Russia's full membership in the world community. In this regard, the subject of paramount importance in Russia's bilateral relations with the CIS countries should be:

Fulfillment of obligations on mutual deliveries;

Elimination of debt on commodity deliveries;

Return of previously granted loans;

Non-discriminatory regime for the transit of Russian goods

across the territories of these countries.

In the sphere of trade and economic relations, the reform will be carried out in the process of forming a free trade zone and creating Customs Union. Of great importance is the agreement on general conditions and the mechanism for supporting industrial cooperation between enterprises and industries of the CIS member states", signed in Ashgabat in December 1993. In accordance with it, the following do not apply to the supply of goods and services within the framework of industrial cooperation and specialization of production:

Import and export duties;

quantitative restrictions.

Each of the states that signed the named agreement determines the list of enterprises included in the cooperative deliveries, and they conclude contracts with partner enterprises of other states.

In March 1996, an Agreement was signed between the Republics of Belarus, Kazakhstan, the Kyrgyz Republic and the Russian Federation "On deepening integration in the economic and humanitarian fields." One of the goals of integration is the formation of a single economic space.

Regulation of foreign economic activity by the state means not only support and stimulation, but also control over the observance of national interests, ensuring economic security. To this end, among other measures, it should be noted the need to strengthen control over compliance by Russian exporters with the rules international trade such as those related to pricing. Thus, Decree of the Government of the Russian Federation of December 2, 1993 No. 1248 provides for sanctions against Russian enterprises resorting to methods unfair competition and, above all, to dumping. FEA participants should receive qualified advice on world prices for products they offer for export. App. 15 gives a list of organizations providing services for information support of price calculations.

By order of the European Economic Commission of May 27, 1997, anti-dumping duties on imports were temporarily introduced from July 1 seamless pipes from iron and steel to EU member states. The amount of duty is very high - 32.9% of the customs value. Pervouralsky, Seversky and other Ural plants will suffer, as well as the Taganrog metallurgical plant, which supplied large quantities of low-quality products to Italy at prices below world prices. In November 1966, Italian pipe manufacturers applied to the EEC with a request to start an anti-dumping investigation, because due to the expansion of the Taganrog Metallurgical Plant "Tagmet" into the Italian market of seamless pipes in 1995-1996. four companies producing pipe products went bankrupt, the number of cut jobs amounted to 13 thousand people.

Currency regulation is one of the forms of state influence on foreign economic activity participants in order to protect national interests. This influence is carried out on the basis of the law of the Russian Federation "On currency regulation and currency control". The most common method of currency regulation of foreign trade is the mandatory sale of part of the foreign exchange earnings for the national currency.

The method of currency regulation is the so-called "currency restrictions": state control over foreign exchange transactions, the concentration of foreign exchange transactions in authorized banks, restrictions on the export of capital, etc.

The strengthening of state control was manifested in the introduction of transaction passports: export - to control the return of currency, import - to control the validity of the transfer of currency and passports of barter transactions.

State regulation of foreign economic activity in all countries is aimed at ensuring, first of all, national economic security, which means the protection of the economy from internal and external adverse factors that disrupt the normal functioning of the internal reproduction process, reduce living standards, causing adverse social consequences. The Law defines economic security as a state of the economy that ensures a sufficient level of social, political and defense existence and progressive development of the Russian Federation. invulnerability and independence of its economic interests in relation to possible external and internal threats and influences.

The regulatory role of the state is realized through the use of economic and administrative methods. Both of these methods, their tools, as well as the institutional structures that implement these methods, are defined in the Law and are described in some detail in the Federal Export Development Program.

The economic method includes measures related to the use of cost categories - loans, taxes, customs duties, systems of guarantees and insurance of export credits. One of the most important areas of export support, especially for highly processed goods, is associated with the use of tax regulation measures, with the return of VAT to exporters. The economic method is also used in regulating imports through customs tariffs and import duties and through the use of various kinds duties.

Foreign economic activity. State influence on the implementation of foreign economic activity The state, in order to protect its national interests, the interests of the whole society, regulates foreign economic activity, and also influences in one way or another on the participants in the relations arising in this case, providing them with support or creating unfavorable ...

foreign markets. This is necessary both to protect the domestic market and to exercise state control over foreign economic activity (FEA) of business entities within the legal framework. Special sanctions as a regulation of foreign economic activity without additional intervention by the Verkhovna Rada of Ukraine back in 1991, taking one of the most "soft" ...

The basic principles of state regulation of foreign economic activity are enshrined in Art. 4 Federal Law of 08.12.2003 N 164-FZ "On the basics of state regulation of foreign trade activities"

The principles are the starting points in the mechanism of state regulation. They guarantee the continuity and consistency of the rule-making process, ensure the relationship between foreign trade legislation and trade policy. Principles play a special role in the formation of judicial and administrative practice. They also contribute to the abolition of obsolete and the adoption of new legal norms, the interpretation of legal acts and the elimination of gaps in legislation, etc.

1. The principle of state protection of the rights and legitimate interests of participants in foreign trade activities, as well as the rights and legitimate interests Russian manufacturers and consumers of goods and services.

The state ensures the protection of the rights and legitimate interests of legal entities and individuals participating in foreign trade activities. This is one of the goals of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities".

The law provides for the possibility of using various instruments of state regulation of foreign trade activities. So, for example, if a foreign state takes measures that violate the economic interests of Russian persons, including measures that unreasonably deny Russian persons access to the market of a foreign state or otherwise unreasonably discriminate against Russian persons, the Government of the Russian Federation may introduce retaliatory measures - measures to restrict foreign trade in goods, services and intellectual property.

Along with the protection of participants in foreign trade activities, state regulation of foreign trade activities is also aimed at protecting the rights and legitimate interests of Russian producers and consumers of goods and services. To do this, the arsenal of trade policy tools includes, for example, special protective measures, anti-dumping measures and countervailing measures that may be introduced when importing goods to protect the economic interests of Russian producers of goods (Federal Law of December 8, 2003 N 165-FZ "On special protective, anti-dumping and countervailing measures when importing goods"). Many measures affecting foreign trade in goods and services and introduced on the basis of national interests are aimed at protecting the rights and legitimate interests of Russian consumers of goods and services (Articles 32 and 35 of the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities”).

2. The principle of equality of participants in foreign trade activities and their non-discrimination, unless otherwise provided by federal law.

This principle is closely connected with the constitutional principle of legal equality (Article 19 of the Constitution of the Russian Federation), recognition and protection in the same way of private, state, municipal and other forms of ownership (Article 8 of the Constitution of the Russian Federation).

It should be noted that the constitutional principle of equality of rights and freedoms of man and citizen does not exclude the existence of special rights, benefits and advantages for certain categories of persons. In this case, there is a combination of the principles of equality and justice on the basis of taking into account in the legislation the natural and social differences of certain categories of persons. It is important that the relevant benefits be legally formalized (see, for example, Section VI of the Law of the Russian Federation "On the Customs Tariff" (Articles 34-37), devoted to tariff benefits).

Simultaneously with the consolidation of the principle of equality of participants in foreign trade activities, the legislator establishes a ban on their discrimination. The state should not discriminate against participants in foreign trade activities, that is, provide some entities with worse conditions for foreign trade activities than those provided to other entities. Yes, Art. 22 of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities" is devoted to the non-discriminatory application of quantitative restrictions; in Art. 23 provides that the distribution of quotas is based on the equality of participants in foreign trade activities in relation to obtaining a quota and their non-discrimination on the grounds of ownership, place of registration or market position; Art. 26 requires organizations that have been granted the exclusive right to export and (or) import certain types of goods to carry out transactions for the export and (or) import of certain types of goods, based on the principle of non-discrimination and guided only by commercial considerations.

The prohibition of discrimination is not absolute: in cases provided for by federal law, the use of discriminatory measures may be recognized as lawful (for example, as retaliatory measures, etc.).

3. The principle of unity of the customs territory of the Russian Federation.

The concept of "customs territory" refers to the territory in which the customs legislation of a given country is fully in force.

In accordance with Article 5 of the Law of the Russian Federation "On the Customs Tariff", the customs territory of the Russian Federation is the territory over which the Russian Federation has exclusive jurisdiction in relation to the customs business.

The Customs Code of the Russian Federation of 2003 (Article 2) defines the customs territory of the Russian Federation as follows:

The territory of the Russian Federation constitutes the unified customs territory of the Russian Federation (clause 1);

The customs territory of the Russian Federation also includes artificial islands, installations and structures located in the exclusive economic zone of the Russian Federation and on the continental shelf of the Russian Federation, over which the Russian Federation exercises jurisdiction in accordance with the legislation of the Russian Federation (clause 2);

On the territory of the Russian Federation there may be special economic zones created in accordance with federal laws that are part of the customs territory of the Russian Federation (clause 3).

To determine the spatial limits of the customs territory, the concept of "customs border" is used. The customs border is understood as a line limiting the customs territory: “The customs border is the border of the customs territory of the Russian Federation” (clause 2, article 5 of the Law of the Russian Federation “On the customs tariff”). The customs border outlines the spatial limits of the customs legislation of a given state and separates the customs territories of neighboring countries. In other words, the customs border establishes the scope of the state's customs sovereignty.

The principle of the unity of the customs territory is aimed at preventing the emergence of foreign trade and customs particularism. It excludes the possibility of internal customs borders.

The principle of the unity of the customs territory is derived from the legal norms contained in Articles 8 and 74 of the Constitution of the Russian Federation, which establishes the unity of the economic space, free movement of goods, services and financial resources, support for competition and freedom of economic activity; contains a ban on the establishment of internal customs borders, as well as in Article 71 (p. "g"), in which the establishment legal framework single market and customs regulation are within the jurisdiction of the Russian Federation.

The principle of the unity of the customs territory is not contradicted by the norms of the customs legislation allowing the exclusion of certain territories from the composition of the customs territory of the Russian Federation: “Free customs zones and free warehouses may be located on the territory of the Russian Federation. Territories of the free customs zones and free warehouses are considered as being outside the customs territory of the Russian Federation, with the exception of cases determined by this Code and other legislative acts of the Russian Federation on customs affairs ”(Part 3, Article 3 of the Customs Code of the Russian Federation of 1993). The creation of so-called special economic zones in certain territories of the Russian Federation with the establishment of special models of customs regulation for these territories (Federal Law “On the Special Economic Zone in the Kaliningrad Region”, Federal Law “On the Special Economic Zone in the Magadan Region”) does not contradict this principle.

4. The principle of reciprocity in relation to another state (group of states).

Reciprocity is a generally recognized principle of interstate relations, according to which states must build relations with each other, including in trade, on a mutually beneficial, equal basis, taking into account the legitimate interests of the other party.

In the commented Law, reciprocity is understood as the provision by one state to another state of a certain regime of international trade in exchange for the provision by the second state to the first state of the same regime (Article 2 of the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities”). One or another regime of international trade (for example, the most favored nation treatment) can be presented both to an individual state and to a group of states (for example, the European Union).

5. The principle of ensuring the fulfillment of the obligations of the Russian Federation under international treaties of the Russian Federation and the exercise of the rights of the Russian Federation arising from these treaties.

State regulation of foreign trade activities should be aimed at ensuring the principle conscientious performance obligations under international law. This principle of international law is a fundamental norm that legally obliges subjects to conscientiously exercise their rights and obligations arising from the principles and norms of international law.

The principle of conscientious fulfillment of obligations is one of the oldest principles of international law (it goes back to the ancient Roman maxim: Pacta sunt servanda! - Treaties must be fulfilled!). It is necessary for the existence of international law in any era, since its rejection would mean the deprivation of international law of its legally binding force.

This principle has found its consolidation in many important international legal acts. For example, in the Vienna Convention on the Law of Treaties of 1969, it was formulated as follows: “Each treaty in force is binding on its participants and must be fulfilled by them in good faith” (Article 26).

International law, in characterizing this principle, proceeds from the fact that, in exercising their sovereign rights, including the right to establish their own laws and administrative rules, states must ensure that their laws, administrative rules, practices and policies are consistent with their obligations under international law.

In the commented Law, the legislator repeatedly mentions the need for the Russian Federation to fulfill international obligations in connection with the use of one or another instrument of state regulation of foreign trade activities: for example, in Art. 24 provides for the establishment of licensing for the fulfillment by the Russian Federation of international obligations, Art. Art. 32, 35 and 36 for this purpose, it is allowed to introduce measures affecting foreign trade in goods, services and intellectual property.

6. The principle of choosing measures of state regulation of foreign economic activity that are no more burdensome for participants in foreign trade than necessary to ensure the effective achievement of the goals for the implementation of which it is supposed to apply measures of state regulation of foreign trade.

It is assumed that when choosing a specific instrument of influencing foreign trade activity, the state will give preference to an instrument that, on the one hand, will ensure the effectiveness of trade policy and state regulation in this area, and on the other hand, will not be unduly burdensome for participants in foreign trade activity. This principle is closely related to other principles of state regulation of foreign trade activities, enshrined in the commented article: the principle of reasonable and objective application of measures of state regulation of foreign trade activities, as well as the exclusion of unjustified interference by the state or its bodies in foreign trade activities and causing damage to participants in foreign trade activities. Restriction of entrepreneurial freedom of a participant in foreign trade activities using the methods of tariff and non-tariff regulation is possible to the extent that it serves to achieve the main goal - to ensure favorable conditions for foreign economic activity, as well as to protect the economic and political interests of the Russian Federation.

7. The principle of publicity in the development, adoption and application of measures of state regulation of foreign economic activity.

Glasnost means mandatory openness (transparency) for society and the media of the procedures for the development, adoption and application of measures of state regulation of foreign trade activities, mandatory publication in open seal decisions taken by state bodies on this issue. The principle of publicity makes it possible to ensure the implementation of other principles of state regulation of foreign economic activity - equality and non-discrimination of participants, ensuring the right to appeal in court or other procedure established by law against illegal actions (inaction) of state bodies and their officials, as well as the right to challenge the regulatory legal acts of the Russian Federation, infringing on the right of a participant in foreign trade activities to carry out foreign trade activities, etc.

The principle of publicity is repeatedly mentioned in the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities”: for example, Art. 15 is devoted to the issues of openness in the development of measures of state regulation of foreign trade activities; in Art. 28 provides that pre-shipment inspection should be carried out in compliance with the principle of publicity and openness.

Publicity should not violate the regime of confidentiality of information established in individual cases. State authorities of the Russian Federation and officials of state authorities of the Russian Federation engaged in activities related to the state regulation of foreign economic activity must ensure the confidentiality of information constituting state, commercial and other secrets protected by law, and use it only for the purposes for which such information is provided (Art. 17).

8. The principle of validity and objectivity of the application of measures of state regulation of foreign economic activity.

Measures of state regulation of foreign economic activity should be taken on the basis of a thorough scientific analysis of all circumstances and factors that allow to accurately and objectively assess the need for taking appropriate measures, calculate their effectiveness, and the possible economic, social and political consequences of their adoption. The implementation of this principle in practice is facilitated by the activities of various research institutes, expert councils, groups of consultants involved in the development of state regulation of foreign economic activity.

9. The principle of excluding unjustified interference by the state or its bodies in foreign economic activity and causing damage to its participants and the economy of the Russian Federation.

The Constitution of the Russian Federation (Article 34) fixed: "Everyone has the right to free use of his abilities and property for entrepreneurial and other economic activities not prohibited by law." With regard to foreign economic activity, this principle means that, within the framework of the rules established by the laws and by-laws of the Russian Federation, its participants enjoy complete freedom of activity.

To regulate relations arising in the foreign trade sphere, the principles enshrined in Article 1 are fully applied. Civil Code Russian Federation: equality of parties in civil relations, inviolability of property, freedom of contract, inadmissibility of outside interference in the relations of the parties (including by state bodies), the need for unhindered exercise of rights, ensuring the restoration of violated rights, their judicial protection.

Obviously, this principle does not exclude the possibility of state interference in foreign trade activities as such. The Law deals with the exclusion of cases of unjustified interference. In certain situations, the state not only can, but is also obliged to intervene in foreign trade activities, thereby protecting the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensuring the defense of the country and the security of the state (Article 55 of the Constitution of the Russian Federation).

10. The principle of ensuring the defense of the country and the security of the state.

State regulation of foreign economic activity should be aimed at ensuring:

Defense, which is understood as a system of political, economic, military, social, legal and other measures to prepare for armed defense and armed defense of the Russian Federation, the integrity and inviolability of its territory (Article 1 of the Federal Law of May 31, 1996 N 61-FZ " About defense");

Security, which is defined by the legislator as a state of protection of the vital interests of the individual, society and the state from internal and external threats (Article 1 of the Law of the Russian Federation of March 5, 1992 N 2446-1 "On Security").

The principle of ensuring defense and security is directly related, for example, to such institutions of foreign trade legislation as military-technical cooperation and export control. For these purposes, special measures may be established that affect foreign trade in goods, services and intellectual property (Articles 32, 35 and 36 of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities").

11. The principle of ensuring the right to appeal in a judicial or other procedure established by law illegal actions (inaction) of state bodies and their officials, as well as the right to challenge the regulatory legal acts of the Russian Federation that infringe on the right of a participant in foreign economic activity.

This principle ensures the protection of the rights and legitimate interests of participants in foreign trade activities from encroachments and abuses on the part of state bodies and their officials involved in the regulation of foreign trade activities.

A participant in foreign trade activity has the right to appeal against a decision, action (inaction) of a state body or its official, if such decision, action (inaction), in the opinion of a participant in foreign trade activity, violated his rights, freedoms or legitimate interests, created obstacles to their implementation or illegally any obligation is assigned to him (Article 18 of the commented Law).

A decision, action (inaction) of a state body or its official may be appealed to a court, an arbitration court and, in cases established by the legislation of the Russian Federation, to a higher state body.

Participants in foreign trade activities are also vested with the right to challenge normative legal acts that infringe on their right to carry out foreign trade activities.

12. The principle of unity of the system of state regulation of foreign economic activity.

This unity is due to a number of factors, among which we should first of all mention:

The unity of the purpose of state regulation of foreign economic activity: providing favorable conditions for foreign trade activities, protecting the economic and political interests of the Russian Federation;

Unity of trade policy of the Russian Federation;

Attribution to the jurisdiction of the Russian Federation of the following areas of activity: establishment of the legal foundations of the single market; financial, currency, credit, customs regulation, money issue, bases of price policy; federal economic services, including federal banks, etc. (Article 71 of the Constitution of the Russian Federation);

Unity of the customs territory of the Russian Federation.

This principle involves the establishment of a unified system of control over the mechanism of state regulation of foreign trade activities.

13. The principle of unity of application of methods of state regulation of foreign economic activity throughout the territory of the Russian Federation.

This principle is closely related to the previous principle - the unity of the system of state regulation of foreign economic activity.

In accordance with Art. 12 of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities" state regulation of foreign trade activities is carried out through following methods:

1) customs and tariff regulation;

2) non-tariff regulation;

4) measures of an economic and administrative nature that contribute to the development of foreign trade activities and provided for by the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities".

At the same time, the legislator prohibits the use of other, not provided for in Art. 12 methods of state regulation of foreign trade activity.

The unity of application of the methods of state regulation of foreign trade activities is ensured by the unity of the relevant legal framework: the application of the above methods is carried out in accordance with the international treaties of the Russian Federation, the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities", other federal laws and other regulatory legal acts of the Russian Federation, which constitute normative basis of state regulation of foreign trade activity.

The principle of uniform application of methods also means that these methods are applied uniformly throughout the territory of the Russian Federation.

State regulation of foreign economic activity (FEA) is a set of economic, legal, administrative and managerial measures on the part of the state, represented by its bodies, pursuing the goal of creating a framework of favorable business conditions for FEA entities, ensuring their economic support and legal protection in the domestic and foreign markets.

These measures are aimed at the qualitative improvement of the export potential and the implementation of the export expansion strategy for international markets goods, services and intellectual property rights, products with a high level of added value, as well as sustainable maintenance of a positive foreign trade balance and ensuring economic security on a national scale.

The goals of state regulation of foreign economic activity are:

Formation of a favorable legal climate for the correct, within the framework of the current legislation and international agreements, the activities of national economic entities in the field of foreign economic activity both within the country and abroad;

Creation of conditions for economic stimulation of foreign trade operations, primarily as a source of foreign exchange earnings and the formation of the national income of the state, in priority areas, according to the economic concept of the country's economic development;

Ensuring the conditions for effective foreign economic activity of each economic entity, using for this a variety of levers of influence, such as: various forms economic and administrative control(the priority of control functions was set by us in connection with the specifics of the formation of the mechanism for transforming the Russian economy along the path to the market), the creation of an appropriate supporting infrastructure for business - information, consulting, etc., assistance in the training and retraining of personnel across the entire spectrum of specialized areas of foreign economic activity , and etc.

Coordination of the country's participation in the conditions of globalization of the world economy in the international division and cooperation of labor and its entry into new markets, primarily with competitive science-intensive products, which should be the basis of the country's export potential;

Improving the structure of foreign economic activity by increasing the share in export operations of the share of services (tourism, after-sales service, technical assistance on a commercial basis), engineering products developed on the basis of the latest achievements science and technology, and patents, licenses with a consistent course to reduce the supply of raw materials, natural resources and the forced import of waste from the processing of previously delivered radioactive raw materials:

Regulation of trade relations at the intercountry and regional levels, assistance to domestic exporters abroad, providing them with various kinds of information, consulting, legal and other assistance in conducting transactions with foreign counterparties, monitoring the maintenance of a stable positive balance in foreign trade;

Regulation of the country's balance of payments in terms of transactions related to foreign economic activity, and timely repayment of external debt with strict control over maintaining the potential of national independent, independent of foreign creditors, economic development, i.e. when controlling the point of the limiting value of external borrowing for the country;

Formation of the image of the country and its individual regions in foreign economic activity as a conscientious state, acting within the framework of legal norms and international agreements, observing the current legislation when regulating the foreign economic activity of national and foreign partners on its territory and other international norms and rules of foreign states on their territory, suppressing any kind of smuggling or money laundering operations;

Ensuring compliance with the priority of national economic interests in the process of deeper participation of the country in the globalizing world economy and interstate regulation of its development;

Promoting the formation of a multipolar geo-economic model of the world economic system based on the consistent implementation of the strategy of cooperation with various regions, international organizations and groupings, unions and individual corporations, including taking into account their regional orientation.

Tools of state regulation of foreign economic activity

The mechanism of state regulation of foreign economic activity can be reduced to a combination of the following types of instruments: economic (customs-tariff) and non-economic.

Foreign economic activity includes purely foreign trade operations related to the movement of goods, services, intellectual property rights, as well as a number of services that are not formalized by foreign trade contracts (the main feature is the transfer of ownership from the seller to the buyer), for example, medical services, tourism, educational services etc. In modern conditions, foreign economic activity also includes the so-called virtual trade, the regulation of which at the state level is only coming into force in a number of countries where this type of trade is being progressively developed (Japan, the USA, etc.).

In the World trade organization(WTO) there are more than 50 multilateral agreements aimed at regulating foreign trade as such, services, as well as certain aspects directly related to foreign trade transactions.

In 2004, the new Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities” (No. 164-FZ of December 8, 2003) came into force. This Law, in its essence, consolidates a large number of acts of various levels regulating foreign trade activities in the Russian Federation or aspects related to it. Moreover, this Law provides for the organic connection of the legal aspects of regulation in Russia with the provisions of more than 50 agreements included in the so-called WTO package.

The regulatory mechanism proposed by the Law involves the use of the following tools:

The law defines the freedom of international transit of goods - through special checkpoints. This law does not apply to aircraft.

For the first time, the right of the state to implement administrative measures (of a prohibitive, restrictive nature) affecting the national (state) interests of the nation, in particular, in order to comply with public morality, to protect the life and health of the nation, protect the environment, etc.

For the first time in Russian law, systemic provisions on trade in services have been introduced, which is a clear evidence of the adaptation of the Russian legal system to international WTO law. Restrictions on foreign trade in services can only be implemented in the form of prohibitions, restrictions on the way they are provided. Foreign performers are given national treatment. The state may also apply a number of restrictions and prohibitions in order to ensure national interests.

The Law singles out as special regimes: cross-border trade, economic activity in free economic zones (FEZ).

The border trade regime is determined by the Government of the Russian Federation on the basis of an intergovernmental agreement with the neighboring state (states), as particularly favorable for trade in goods and services in order to meet local needs. This regime is an exception to the most favored nation treatment provided for by international treaties with third countries. This means that countries cannot claim preferences established by the border regime.

Special economic, incl. foreign trade, the regime is introduced in free economic zones by a special federal law.

Article 30 of Law No. 164-FZ provides that all payments other than duties and taxes levied in connection with the export/import of goods, services or intellectual property rights must not:

Pursue fiscal goals;

Used to protect Russian goods, manufacturers;

Exceed the estimated cost of the services for which these charges apply.

Principles of state regulation of foreign trade activity in Russia

The purpose of state regulation is to create favorable conditions for Russian exporters, importers, producers and consumers of services and to prevent unfair competition in Russia from foreign contractors.

The President of the Russian Federation ensures the coordinated functioning and interaction of the authorities; determines the main directions of domestic and foreign policy; negotiates and signs international treaties; determines the procedure for the export / import of precious metals and stones; defines restrictions on foreign trade activities in the event of international sanctions.

The duties of the Government of the Russian Federation include:

Organization of foreign and domestic trade policy;

Regulation of economic processes;

Formation of federal programs;

Development of investment policy;

Federal property management;

Policy in the field of international cooperation;

General management of the customs business;

Measures to protect the interests of domestic producers of goods and contractors of services and works;

Unified financial, credit, monetary, tax, migration policy, price policy;

Management of internal and external debt;

Management of monetary and financial relations with foreign states;

Ensuring the sanitary and epidemiological safety of the country;

Conclusion of international treaties, ensuring their implementation, control over the execution by other participants of these treaties;

Regulation and state control over foreign economic activity, international scientific and technical cooperation and cultural ties.

The principles of state regulation of foreign trade activity, which are the initial normative and guiding foundations of the mechanism of state regulation, determine the relationship between foreign trade legislation, policy and the mechanism for regulating foreign exchange relations in this area and are aimed at:

Ensuring the unity of foreign trade policy as an integral part of foreign policy. Foreign trade policy is an integral part of the foreign economic policy of the state. This predetermines the need to harmonize specific decisions in the field of foreign trade with general guidelines. So, for example, Russia's accession to international sanctions against any state entails the immediate termination or suspension of foreign trade operations with this country, no matter how beneficial they may be;

Ensuring the unity of the system of state regulation of foreign trade activities and control over its implementation. Control over the implementation of foreign trade activities is carried out by the relevant state authorities and government bodies the authorities of the constituent entities of the Russian Federation within their competence in order to ensure the provisions federal laws and other regulatory legal acts of the Russian Federation on foreign trade activities, as well as in order to protect the economic and political interests of the Russian Federation, municipalities and Russian persons;

Ensuring the unity of the export control policy. The export control system is a set of measures for the implementation by federal authorities of the procedure established by Russian law for the export of weapons and military equipment from the Russian Federation, as well as certain types of raw materials, materials, equipment, technologies and scientific and technical information that can be used to create weapons and military equipment, to prevent the export of weapons of mass destruction and other most dangerous types of weapons and technologies for their creation, to identify, prevent and suppress violations of this order;

Ensuring the unity of the customs territory of the Russian Federation. The customs territory is the territory over which the Russian Federation has exclusive jurisdiction in relation to the customs business. The customs territory of the Russian Federation is defined as the land territory of the Russian Federation, territorial and internal waters, and the airspace above them. The customs territory also includes, in the maritime economic zone of the Russian Federation, artificial islands, installations and structures over which the Russian Federation has exclusive jurisdiction in relation to customs affairs. The principle of the unity of the customs territory is aimed at preventing the emergence of foreign trade and customs particularism. It excludes the possibility of the appearance of internal customs borders;

Ensuring the priority of economic measures of state regulation of foreign trade activities. The state foreign trade policy is carried out through the application of economic and administrative methods of regulating foreign trade activities in accordance with the current legislation of the Russian Federation;

Ensuring the equality of participants in foreign trade activities and their non-discrimination. This principle is closely connected with the constitutional principle of legal equality, recognition of the protection equally of private, state, municipal and other forms of ownership. The state should not discriminate against participants in foreign trade activities, i.e. provide some subjects with better and other subjects with worse conditions for foreign trade activities;

Protection by the state of the rights and legitimate interests of participants in foreign trade activities. If the interests of participants in foreign trade operations have suffered due to the participation of the Russian Federation in international sanctions, they are entitled to compensation for losses in judicial order at the expense of the federal budget. To protect the economic interests of Russian persons affected by the actions of foreign states, the Russian Federation may take retaliatory measures;

Exclusion of unjustified interference by the state and its bodies in foreign trade activities, causing damage to its participants and the economy of the Russian Federation as a whole. Obviously, this principle does not exclude the possibility of state interference in foreign trade activities. In a number of situations, the state not only can, but is also obliged to intervene in foreign trade activities, thereby protecting the foundations of the constitutional order, morality, legality, rights and legitimate interests of others, ensuring the defense of the country and the security of the state.

The toolkit of government competence is to use:

Special protective, anti-dumping, compensatory measures in foreign trade in goods, setting customs tariff rates;

Quantitative restrictions on exports, imports and the procedure for their application;

Permissive procedure for the import and export of individual commodity groups, determining the list of such goods;

The procedure for licensing BT goods, maintaining a bank of issued licenses;

The list of goods whose export/import is being monitored, the procedure for monitoring (on the proposal of the Ministry of Economic Development and Trade);

Making decisions on the introduction of retaliatory measures against foreign states;

Procedure for export/import of nuclear (fissile) substances;

The procedure for exporting goods from Russia, integral part which is information containing a state secret;

Approval of the commodity nomenclature of foreign economic activity.

In addition, the competence of the government includes:

Determining the method of allocation of import/export quotas
goods, the procedure for holding competitions or auctions on a quota;

Introduction of pre-shipment inspection for certain import commodity groups, according to the approved list for up to 3 years, approval of the regulation on this inspection (in this case, customs duties on the relevant goods should be reduced, the period for considering the importer's application should not exceed 3 days. Pre-shipment inspection body determined on a competitive basis by the Government, approved by it);

Procedure for carrying out cross-border trade;

Prohibitions and restrictions on foreign trade barter transactions, control over them;

Collection and processing of statistical data on BT, their publication, creation of federal statistical reporting;

The creation of trade missions abroad and the issuance of consent to the creation of such by the subjects of the Federation, as well as other measures already previously listed in a number of tasks of state regulation.

A special place is given to the functions of the Ministry of Economic Development and Trade of the Russian Federation. It is regarded as authorized by the government for the state regulation of foreign trade activities.

In particular, the government contributes:

Trade policy proposals;

Proposals on measures of state regulation of foreign trade;

Proposals for the conclusion of international treaties or other agreements in the field of foreign economic cooperation;

Coordinates all proposals of other ministries or executive authorities in the field of foreign economic cooperation;

Coordinates with executive bodies the authorities of the subjects of the Federation all plans and programs relating to this subject.

Implementation of licensing of foreign trade and maintenance of a data bank of licenses is carried out if it is necessary to temporarily restrict export / import; if the goods have an adverse effect on the security of the state, the life and health of the nation, the property of individuals, state or municipal property, the environment, the life and health of animals and plants, and also if the exclusive right to export/import certain goods is required or otherwise provided for in connection with the fulfillment of international obligations.

In order to conduct systematic or temporary monitoring of imports / exports, as a temporary measure, a permissive procedure for export-import operations can be introduced, which will be extended to all participants in foreign trade activities based only on their application (without limitation). In addition, the ministry manages foreign trade information provided on a paid basis to Russian and foreign persons.

The mechanism of state regulation of foreign trade in Russia

The mechanism of state regulation includes customs-tariff and non-tariff measures.

Customs tariff regulation applies exclusively to visible goods and consists in the establishment of import/export (export, import) duties. Non-tariff regulation is also applied in the trade of a visible product.

Developed in the late 1990s. the principles of building a system of state influence on foreign economic activity are preserved at the present time, although life makes some adjustments directly to the model of managing foreign economic activity. The priority is still to abandon the predominant use of administrative and managerial methods with a gradual increase in the effectiveness of economic measures. The state retains the functions of control and regulation of export-import activities.

Foreign trade is the main link in foreign economic activity: it actively participates in the formation of national income, while it is a sphere of conjugation of interests and requirements (including state standards different countries) and finding a mutually beneficial partnership participating in sales transactions (almost all contracts in foreign trade can be reduced to the basic form of "purchase and sale" of goods, services or industrial property) counterparties. The specificity of foreign trade lies in the fact that it is a continuation of the reproduction cycle in its "implementation" link, but outside the national customs border.

And hence, as a consequence, the fact that foreign trade can be realized in the markets. However, foreign trade is not decisive for the development of a strategy for the economic development of an individual subject; it is only intended to improve efficiency entrepreneurial activity through comparative low level production costs and, accordingly, pricing (lower costs and prices should be in the exporting country, otherwise it is not interested in exporting).

The 1990s were characterized in Russia by the fact that a situation developed in which foreign trade activity was the only stable solvent sphere. At present, the situation is gradually changing, and foreign trade operations, while maintaining a significant interest of economic entities in their implementation, are losing the status of the “single source” of obtaining real Money for manufactured products.

The prevalence in the structure of exports of the raw material group of goods (otherwise called the irrational structure of exports), which has been characteristic of Russian foreign trade for almost half a century, is due to the fact that this is the only possible stable source that requires the least amount of costs and efforts on the part of exporters to obtain foreign exchange earnings.

The raw material orientation of Russia's foreign trade testifies to a fairly high degree of conservatism in the development of this sector of the economy, which inherited the structure from the late 1960s. The system of regulation of foreign economic activity in Russia in modern conditions is reduced to influencing traditionally implemented foreign trade transactions, practically without taking into account the geopolitical and geoeconomic strategies for the entry of the Russian economy into the globalized world economy and ensuring the priority of national economic interests in the process of interstate regulation of world trade.

Considering the mechanism of state regulation of foreign economic activity, the following measures of non-tariff regulation can be distinguished:

Reducing the list of goods whose export is subject to quotas;

Redistribution of quotas based on competitive sale;

Creation of a trade register of Russia (as is the case in developed countries - declarative registration of participants in foreign economic activity);

Certification of export and import (for example, when exporting, both a certificate of origin of goods and an export certificate are required);

Any kind of safety checks for the import of goods (fumigation, sanitary and epidemiological control, decontamination, etc.);

Distribution of domestic fiscal imports: VAT, excises and other duties and fees;

Using the mechanism of anti-dumping and countervailing duties;

Improving the export control system while deepening cooperation in this area with the EU and other groupings and alliances.

In accordance with the new Law on the State Regulation of Foreign Trade Activity, the previously considered instruments of direct economic regulation are practically excluded from the list of measures that can be used. But this does not mean that they are not acceptable. First of all, government programs in research and development, including with an emphasis on the subsequent export orientation of economic entities, on ensuring the release of mass production are quite feasible if they are not aimed at the production of a product that is currently exported.

Secondly, if they are not provided as some kind of hidden subsidizing (or in the form of non-competitive lobbying) to certain economic entities, which naturally undermine the integrity of competition in the domestic and foreign markets. Absolutely necessary (and are available in almost all WTO countries) are grants and subsidies for the development of the national infrastructure of the economic complex, including priority sectors of the economy.

Under the conditions of gradual convergence of the level of domestic and world prices, the use of a variety of tools for unified regulation at the federal level of the tariff policy of natural monopolies is not ruled out, since the latter are the main price-forming link in the system of production costs for both domestic and foreign consumption. For example, lower prices for natural gas within the country are determined by the costs of its production and transportation, and they are the same for producers of goods for domestic consumption and for exporters, and therefore do not violate the principle of fair competition.

It is also not excluded, in accordance with the provisions of the WTO agreements, the possibility of using direct subsidies or subsidies from the state in certain sectors of the economy. All subsidies are divided into red, yellow and green boxes. Reds are not allowed, yellows and greens are not prohibited. In particular, subsidies that undermine competition in the domestic or foreign markets, including those that give rise to the possibility of dumping, are classified as red. For Agriculture the mechanism of subsidies is even more flexible, since their application takes place in almost all countries.

In terms of attracting foreign investment, mainly direct and industrial, it is also assumed that a variety of administrative tools can be used, but not contrary to the TRIMs Agreement (investments related to trading activities). For example, a restriction for a foreign investor to attract only national work force or national equipment for arranging production is contrary to the principle of fair competition, but the introduction of strict regulation to attract foreign labor on the territory of Russia and its subjects will create advantages for increasing the employment of national personnel.

Currency control and its place in the regulation of foreign trade operations

Considering foreign trade activity as one of the areas of currency regulation in the Russian Federation, one cannot but turn to the consideration of the subjective and objective aspects of these legal relations.

So, all participants in legal relations on currency control can be divided into controlling entities and persons whose foreign trade activity is the object of control.

Controlling entities are represented by bodies and agents of currency control. Currency control bodies, within their competence, issue regulations binding on all residents and non-residents of the Russian Federation.

The expansion of foreign trade contacts and the liberalization of foreign economic relations have led to a situation where enterprises and organizations that do not have sufficient experience in this field of activity began to enter the foreign market. One of the consequences of the abolition of the state monopoly on foreign trade was serious monetary and financial problems associated with the incomplete repatriation of foreign exchange earnings from the export of goods from Russia.

The currency control mechanism created in Russia has as its main goal ensuring the full and timely receipt of export foreign exchange earnings to the Russian Federation in the interests of the federal budget, strengthening financial discipline, developing the domestic foreign exchange market and forming state foreign exchange reserves.

When organizing control over the receipt of foreign exchange earnings from the export of goods, work is carried out in several stages:

preliminary control;

Information and analytical control;

Final documentary control.

For quality control, residents and non-residents engaged in foreign exchange transactions are required to:

Submit the required documents and information to the bodies and agents of currency control;

Keep records and draw up reports on their foreign exchange transactions in accordance with the established procedure, ensuring the safety of relevant documents and materials for at least three years from the date of the relevant foreign exchange transaction, but not earlier than the date of execution of the contract;

To comply with the instructions of the currency control bodies to eliminate the revealed violations of the acts of the currency legislation of the Russian Federation and the acts of the currency regulation bodies. In order to ensure accounting and reporting on foreign exchange transactions in accordance with the current legislation, the Central Bank of the Russian Federation may establish uniform rules for residents to issue transaction passports in authorized banks when performing foreign exchange transactions between residents and non-residents.

The transaction passport must contain the information necessary to ensure accounting and reporting on foreign exchange transactions between residents and non-residents. The specified information is reflected in the transaction passport on the basis of supporting documents available to residents. The transaction passport can be used by bodies and agents of currency control for the purposes of exercising currency control in accordance with the current legislation.

The transaction passport is issued for each contract concluded by the exporter in two copies by an authorized bank, to a transit currency account, to which all foreign exchange earnings from the export of goods under this contract must subsequently be received from the non-resident importer. To issue a transaction passport to an authorized bank, the exporter submits, along with the passport executed and signed on his behalf, the original and duly certified copy of the foreign trade contract on the basis of which the transaction passport was drawn up.

The transaction passport contains the following mandatory information: details of the authorized bank; details of the exporter; details of the foreign buyer; details and terms of the contract. Each transaction passport is assigned its own number, which is a complex code. It is drawn up and signed in two copies. One copy remains in the authorized bank and serves as the basis for opening the currency control dossier (the dossier is formed by the authorized) bank for each transaction passport and is a special collection of documents on control over the receipt of foreign exchange earnings from the export of goods) for the delivery, the other copy is returned to the exporter.

The signing of the transaction passport by the exporter means that he has assumed responsibility for:

For full compliance of the information given in the passport with the terms of the contract on the basis of which it was drawn up;

For crediting in full and on time the proceeds from the export of goods under the contract, on the basis of which the transaction passport was drawn up, to the exporter's foreign currency account in an authorized bank, to which he provides the transaction passport for registration.

Russia's cooperation with international organizations to combat financial abuse in foreign economic activity

An important role in monitoring the integrity of foreign trade operations is played by the cooperation of national authorities against money laundering, which is carried out within the framework of the Egmont Group, established in 1995.

The fundamental international documents directly related to the issue of combating money laundering are:

1988 United Nations Convention on Combating Illicit Traffic in drugs and psychotropic substances” (Vienna Convention);

1990 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of Proceeds from Crime (Strasbourg Convention);

Council of Europe Directive 1991 No. 91/308/EEC on the Prevention of the Use of the Financial System for the Purpose of Money Laundering;

1959 European Convention on Mutual Legal Assistance in Criminal Matters;

European Convention of 1957 "On Extradition".

Russia has ratified the last two conventions and is expected to ratify the Strasbourg Convention of 1990 in the near future. According to the FATF requirements, the country's willingness at the political level to agree to bring its legislation into line with the 40 FATF Recommendations within a reasonable time frame ( not more than three years), annually conduct an independent review of the internal situation in the field of capital laundering, go through two stages of assessment by FATF specialists, take an active part in the work of the FATF or relevant regional organizations, classify laundering of proceeds from the sale of drugs and other criminal activities as crimes , oblige financial institutions to identify customers and report unusual or suspicious transactions to government authorities. The last two requirements are the most important.

Strict rules of banking secrecy are one of the most serious problems for the effective functioning of the system for collecting and transmitting information, creating obstacles to combat money laundering. At the same time, the legislation obliges organizations that provide information to strictly keep secrecy regarding the direction of information to the competent authorities. Disclosure of such information is usually punished very severely, since criminals can use such information for their own purposes. The requirement for financial and non-financial organizations on the mandatory collection and transfer of information to the competent authorities is mandatory.

The system for collecting and providing information on suspicious transactions to regulators has evolved over the past decades. Initially, the requirements for the collection and transmission of information to the competent authorities were addressed mainly to purely financial enterprises controlled by government oversight bodies. As the fight against money laundering has evolved, such requirements have been imposed by the laws of many countries on a wider range of institutions and individuals. This was due to the fact that organizations and individuals who do not fully fall under the established systems of state supervision often work with finances. Most a prime example such are the exchange offices. In addition, the process of money laundering often involves not only persons and organizations working with finances, but also providing certain aspects corporate activities– establishment and registration of companies; provision of legal or audit services.

The EU Directive obliges the credit and financial institutions of the Member States to collect and transmit information to the competent authorities. Meanwhile, many EU countries have extended this requirement to other persons and non-financial organizations: notaries, accountants and auditors, real estate companies and agents, casinos and money transfer firms, auctions, jewelers, antique dealers, coin and stamp dealers, professional consultants, individuals that carry out or control the movement of capital.

Particular attention is paid big deals. First of all, the movement of cash is monitored. The object of close attention is also money transfers, operations on bank accounts, storage of valuables in deposit safes, exchange operations taking place on accounts, and movement of funds across the border. The nature of the transactions plays a special role - new or non-standard transactions are usually singled out as "suspicious" transactions, which can become a way of money laundering.

Currently, the legislation of a number of countries hinders the implementation of international cooperation in the fight against money laundering. In particular, the laws of Austria, Denmark, Germany, Luxembourg, Ireland, Finland do not allow the financial intelligence of these countries to exchange information with similar institutions in other European countries.

In order to develop international cooperation, countries conclude bilateral agreements on mutual cooperation in the fight against money laundering. A large number of organizations are involved in the process of financial control in various countries, including central banks, ministries of finance, tax, customs, law enforcement, and judicial authorities. These structures usually play a large role in the collection, analysis and provision of information on money laundering to the so-called "financial intelligence".

The tasks of financial control organizations include:

Ensuring that supervised organizations have anti-money laundering protection programs;

Implementation of cooperation with judicial and law enforcement agencies;

The presence of powers to regulate activities in the field of combating money laundering, not only in relation to supervised financial institutions, but also to other professional persons carrying out cash transactions;

Development of the main directions of combating money laundering in their areas;

Assisting financial institutions in identifying the suspicious nature of their clients' activities;

Taking the necessary legal and administrative measures against the establishment of controlling influence or the acquisition of significant participation in financial institutions by criminals or their accomplices.

International experience shows that regulators should have sufficiently broad powers to exercise control over financial institutions, collect and transmit information about suspicious transactions. Practice also shows that the effectiveness of the fight against money laundering is closely related to the ability of regulators to access necessary information even if the law contains provisions on commercial and banking secrecy. A prerequisite in this case, the regulators must comply with the confidentiality requirements of the information received. In addition, possible loopholes for money laundering through uncontrolled financial institutions (such as exchange offices) and persons who, by the nature of their profession, are associated with the movement of money, should be blocked.

In a number of countries, special organizations have been created to deal with money laundering.

World financial crisis showed that there are a fairly large number of countries that have little control over their financial systems. In addition, many countries, even those actively fighting money laundering, adhere to very strict requirements for secrecy of information, which makes such a fight much less effective. The FATF has identified 15 "non-cooperative" countries, or territories, that do not adhere to targeted measures to prevent money laundering. These include mainly developing countries and states that act as "tax havens", convenient not only for reducing taxes legally, but also for money laundering: the Bahamas and Cayman Islands, the Cook Islands, the Dominican Republic, Lebanon, the Marshall Islands, Nauru , Nui, Panama, Philippines, Saint Kitts and Nevis, Vincent and the Grenadines.

Of the countries with market economies, only Liechtenstein and Israel were included in the list, and of the countries with economies in transition, only Russia. To distinguish "non-cooperative" countries, 25 special criteria were developed, reflecting weaknesses in the legal, administrative, financial, law enforcement and judicial systems of these countries that contribute to money laundering. These criteria largely correspond to the FATF 40 recommendations on combating money laundering.

Countries should be subject to money laundering laws only if the activities and proceeds derived from their territory (or through registration on their territory) are criminal. In this regard, SEZs, SEZs or offshores should not differ from other territories covered by this legislation.

Factors influencing the use of offshore companies can be divided into two groups. The first group refers to the legislation of the country where the company is supposed to be used. In our case, this is the Russian Federation. The second group of factors relates to the legislation of the countries where offshore companies are registered, or to international organizations that have a significant impact on them.

As for the first group, i.e. Russian legislation, it is relatively liberal and no significant restrictions are imposed on offshore companies in their activities when compared with ordinary non-residents. The most serious limitation is set forth in the recently adopted Directive of the Central Bank of the Russian Federation No. 1318-U “On the Formation and Size of the Reserve for Operations of Credit Institutions with Residents of Offshore Zones” dated August 7, 2003.

This document somewhat complicates the work of credit institutions by requiring the formation of a reserve of 25 to 50% in case of debt to credit institution on the part of a resident of an offshore zone that is in group 2 or 3 of Central Bank Directive 1317-U “On the Procedure for Establishing Correspondent Relations by Authorized Banks with Non-Resident Banks Registered in States and Territories Providing a Preferential Tax Treatment and (or) Not Providing for the Disclosure of Information when conducting financial transactions (offshore zones).

The movement of export-import cargoes, the procedure for the implementation of foreign trade transactions are also regulated by the Customs Code and the Law "On Customs Tariffs". The Customs Code defines: legal status customs authorities, types of customs regimes and payments, the procedure for their calculation and collection, procedures for processing goods and vehicles, grounds for restricting the import and export of goods and services.

Articles of the Code relating to criminal activity came into force simultaneously with the corresponding amendments and additions to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation on July 18, 1994. The Law "On Customs Tariff" is effective from July 1, 1994 and is a tariff, customs duties applied to goods and services moved across the customs border of the Russian Federation and systematized in accordance with the Commodity Nomenclature of Foreign Economic Activity. The law determines the types of duties, the method of their determination, measures for the operational regulation of foreign trade, the procedure for determining the customs value of goods and their country of origin, as well as the mechanism for granting preferences.

The topic is covered in more detail in the following literature:

State regulation market economy: Textbook. Ed. 3rd, add. and reworked. / Under the total. ed. IN AND. Kushlin, - M .: Publishing house of the RAGS, 2006. Chapter 27.

Macroeconomics is the economy as a whole or its most important components.

Innovative activity is the production development and replication of innovations.

FAO is a specialized agency of the UN system that promotes the development of agriculture, forestry and fisheries in order to eliminate hunger, improve nutrition and improve the quality of life. In addition to collecting and analyzing information, FAO is responsible for coordinating the provision of food aid to developing countries, as well as promoting agricultural development. It develops and implements a variety of technical assistance projects. The FAO system has had an industrial cooperation program since 1967, in which more than one hundred business corporations take part.

The development of the RPB was discussed in detail in the book Mayer V.F. Planning social development and standard of living. - M.: Publishing house of Moscow State University, 1988.

The current stage of development of foreign economic activity in our country is associated with fundamental changes in the forms and methods that have been used over decades of previous development. Tens of thousands of enterprises, whether they are in the public or private sector, organizational form, size of property, scope of activity, composition of property, got the opportunity to actively participate in international economic cooperation.

State regulation of foreign economic activity includes its financial, currency, credit, customs-tariff and non-tariff regulation, export control; determination of policy in the field of certification of goods in connection with their import and export. All these directions of regulation are based on the current legislation.

The main objectives of state regulation of foreign economic activity are as follows:

Using foreign economic relations to accelerate the creation of a market economy in Russia;

Assistance in increasing labor productivity and the quality of national products by acquiring licenses and patents, purchasing new technologies, high-quality components, raw materials and materials, including Russian enterprises into global competition;

Creating Access Conditions Russian entrepreneurs to world markets through the provision of state, organizational, financial, information assistance;

Protection of national foreign economic interests, protection of the domestic market;

Creation and maintenance of a favorable international regime in relations with various states and international organizations.

State regulation of foreign economic activity in Russia in a transitional economy should be carried out in accordance with the following basic principles:

Unity of foreign economic policy and national (domestic) economic policy;

Unity of the system of state regulation and control over its implementation;

Transferring the center of gravity of foreign economic activity regulation from administrative to economic methods;

A clear delineation of the rights and responsibilities of the Federation and its subjects in the field of foreign trade management;

Ensuring equality of all participants in foreign economic activity.

Of particular importance today is a clear delimitation of the competence of the Federation and its subjects in the field of foreign economic activity. The competence of the federal bodies should continue to be the solution of such important issues as:

Determination of the basic principles for the implementation of foreign economic activity and the foreign economic policy of Russia as a whole;

Development of appropriate federal programs;

Protection of the economic interests of the country in the field of foreign economic activity, its individual subjects and citizens in particular;

Development of the most important instruments for regulating foreign economic activity;

Preparation and conclusion of international treaties and state agreements, control over their execution;

Organization and control of the activities of trade missions of the Russian Federation abroad;

Definition and implementation of the country's monetary policy;

Formation and use of gold and foreign exchange reserves of the Russian Federation;

Control over the procedure for the sale and purchase of individual (selected) commodity groups (environmentally hazardous waste, weapons, etc.);

Development of the balance of payments of the Russian Federation, etc. Subjects of the Russian Federation in the conditions of an emerging market economy are entitled to:

To carry out foreign economic activity within their territory in accordance with the law;

Control and coordinate the activities of foreign economic activity participants within their regions, develop and implement relevant regional programs;

Provide participants in foreign economic activity with additional benefits and guarantees in addition to federal ones that do not contradict the laws of the Russian Federation (the Federation is not responsible for them);

Conclude agreements on international cooperation within its competence (that is, with subjects of foreign federal states);

To have representatives in trade missions of the Russian Federation abroad, which are maintained at the expense of the subjects of the Federation. Certain questions are in jointly administered Federation and its subjects. Among them:

Coordination of actions of foreign economic activity participants;

Fulfillment of agreements of the Russian Federation with foreign countries(if their implementation concerns the interests of the regions);

Development and implementation of interregional and regional foreign trade programs;

Regulation of border trade;

Information Support FEA.

Methods of state regulation of foreign economic activity.

The methods of state regulation of foreign economic activity are divided by their nature into tariff methods - those based on the use of a customs tariff, and non-tariff methods - all other methods. Non-tariff methods of regulation are divided into quantitative methods and methods of covert protectionism. Separate instruments of state regulation of foreign economic activity are more often used when necessary, either to restrict imports or to force exports 11 .

administrative methods. Under administrative method regulations understand the system of organizational, legal and special measures: quantitative restrictions, distribution of quotas and licenses, export control in relation to certain types of goods, the establishment of a state monopoly on the export and (or) import of certain types of goods. In order to regulate foreign economic activity, the authorities government controlled issue acts legal regulation relationships between counterparties, joint stock laws, customs codes, regulations obliging importers and exporters, on the basis of their execution, to observe the interests of states interacting in the foreign market.

international trade agreements. They determine the general ways of developing economic relations between states, establish a trade, economic, political regime of interaction, provide for the conditions for mutual settlements, terms of cooperation, etc. Long-term agreements - 5 -10 years or more - on trade and other forms of interaction. And also the conclusion of annual protocols on mutual deliveries of goods is practiced. Agreements and protocols, complementing each other, contribute to the development of sustainable mutually beneficial cooperation.

Customs formalities. They are based on the customs code approved by the legislature. The customs code is created in accordance with the customs policy of the state 12 . It defines the general tasks and functions of the customs authorities, the procedure for developing, approving and using tariffs, the conditions for exemption from duties, sanctions for violation of customs rules, and the procedure for handling complaints. Customs formalities are one of the most effective methods regulation of foreign economic activity 13 .

Contingenting and licensing. Export and import quotas are quantitative or cost restrictions on exports and imports, introduced for a certain period of time for individual goods and services, countries and groups of countries.

Licensing is a system written permission issued by government agencies for the export and import of goods. Licensing is applied for certain periods of time for individual goods included in the list of products for national purposes. The quota is carried out by establishing a regime for issuing individual licenses, while the total volume of exports (imports) under these licenses should not exceed the volume of the established quota. The following types of export (import) quotas (contingents) are used: global, group, individual. For each type of product, only one type of quota is established.

anti-dumping procedures. They are legal and administrative claims brought by national entrepreneurs against foreign suppliers, accusing them of selling goods at underpriced prices that could harm local manufacturers of similar products. Authorities and courts are obliged to suspend the movement of goods accused of dumping and investigate the merits of the claims.

Price preferences. They are established by law in some countries by determining the minimum difference in prices at which the importer's goods and services must be lower than the prices of national producers. For example, US energy companies have the right to place orders for imported equipment only if the prices for it are at least 6% lower than those of American manufacturers.

technical procedures. They are established by law. government organizations and represent a set of measures to verify the compliance of imported products with the requirements of international and national standards, industry standards and technical regulations.

One of the types of technical barriers is the requirement for certification of products, goods imported into the country. Why they are subjected to tests in specialized laboratories for compliance of their properties with the requirements of standards for technical, sanitary, technological, traditional indicators 15 .

import procedures. They are the rules for conducting import operations in public procurement. In many countries, in these cases, the buyer must conduct an international auction in order to determine the most advantageous seller. Sometimes a buyer is only granted a license if it has met the requirements for counter-export transactions.

5. Execution of foreign letters of request .

Letter of request is an appeal of the court of one state to the court of another state with a request to perform any procedural actions on the territory of this state. The execution of foreign letters of request means:

drawing up, certification, forwarding, delivery of documents;

providing material evidence;

interrogation of witnesses, experts, other persons for the purposes of legal proceedings;

· communication of information about the current law, etc.

The execution of such orders is based on the provisions of international treaties and national legislation. general order- letters of request are transmitted through diplomatic channels, unless otherwise provided by an international treaty. Arbitrage practice- legal assistance is provided on the basis of reciprocity. When executing an order, the civil procedural law of the state where the order is executed is used. Orders aimed at performing procedural actions prohibited by the law of the state executing the order are not executed. The procedure and conditions for the execution of instructions are mainly established not in the law, but in the rules and instructions of the ministries of justice. Not found in Anglo-American law general concept legal assistance. The institution of special commissioners (commission agents) is widely used. The possibility of direct communication between the courts when requesting the execution of an order is provided. In the legislation of the Russian Federation, the general procedure for the execution of foreign letters of request is established in Art. 407 Code of Civil Procedure R and art. 256 APC RF. In the absence of an international treaty, legal assistance may be provided in the manner and under the conditions of international comity. There is no requirement of reciprocity. The diplomatic route is the main mode of transmission of Letters of Request. General rule: the procedure for executing an order of a foreign court on the territory of the Russian Federation is governed by Russian law. current trend: at the request of a foreign state, it is possible to execute an order using its procedural law.

It is expedient to send the letter of request and the documents attached to it in the language of the requested state. When executing the order, taking into account the procedural nature of these actions, the requested authorities apply the legislation of their state. Refusal to perform certain procedural actions is possible if: a) the execution of the order damages the sovereignty of the Russian Federation; b) the execution of the order is not within the competence of the court (Article 407 of the Code of Civil Procedure of the Russian Federation).

6. PIL rules. The concept, structures and classification of conflict rules .

In MCHP under count. Norm - a rule of conduct that establishes the law of which state d.b. applied to this particular legal relationship complicated by a foreign element. Qty. A norm is a norm of a general, abstract, referential nature, it does not contain a material model of behavior, does not directly establish the rights and obligations of the parties, they only indicate the competent order of a competent issue. Actual application count. norms is possible only with the application of the national system of the country to which it refers. But this is not a purely technical technique, it is an important point in the cooperation of various states. It is the count. The norms authorize the application of the norms of foreign law in the territory of the state. 2 functions: regulatory and delimiting. Regulatory - in the possibility of coll. norms to serve as the basis for the application of substantive norms of foreign law. Qty. the norm of the state is the instrument by which the legislator makes foreign law valid in its territory. Delimiting function - they set limits on the application of the law of a particular state. The coll.norm resolves the conflict only between national legal orders, therefore, those that refer to the provisions of international treaties are not recognized as conflicts. (Art. 15 Coll., Art. 7 of the Civil Code - if the m. agreement provides otherwise than the law of the Russian Federation - the rule of m. agreements is applied).

Structure. Differs from the usual. 2 parts: volume and binding. The scope of the number of norms determines the type of legal relationship to which it should be applied. Anchor - indicates the legal system or legislation in force in this case. Example: Art. 1197. Legal capacity of natural persons - the volume is determined by his personal law - binding. Simple and complex. The structure is simple - one volume and one binding. 1112. Complex - several of this or that. 1221. Binding is abstract in nature; it refers not to a specific legal act, but to the legal system as a whole, that is, to the entire legal order of the entire state. feature modern development bindings - the rejection of rigid conflict of laws rules, which are based on one criterion for choosing the law - a system of interrelated conflict of laws rules is used to select the law. Application of flexible rules. Plurality of number of bindings - splitting, alternative, cumulation.

Cumulation - when the number of norms is formulated taking into account the legislation of two or more states. 156 SC.

Splitting - when the legal relationship as a whole is subject to one legal order, and its individual issues - to another.

7. Grounds for the application of foreign law. The procedure for establishing the content of a foreign legal norm by the courts.

three fundamental provisions that determine the basis for the application of foreign law.

1. In the territory of a given state, foreign law may be applied only if there are direct instructions to this effect from national law. Such prescriptions are established by national conflict of laws rules, and not by any, but by bilateral ones. Thanks to bilateral conflict of laws rules, a conflict of law can be resolved both in favor of one's own, domestic law, and foreign. A conflict-of-law rule is legally binding on all state bodies and officials, and if it refers to foreign law, then it must be applied by all bodies and officials by virtue of a legally binding prescription of a conflict-of-law rule. A conflict rule is a legal basis for the application of foreign law in the territory of a given state. Conflict law in general is a bridge linking the national legal system with foreign law.

2. National law provides for general principles on which the application of foreign law is based, methods for determining its content, the procedure for applying foreign law, as well as the limits of its application.

3. The application of foreign law is also carried out in accordance with the generally recognized principles of international law. The foundations for the application of foreign law are determined by such principles of international law as the sovereign equality of states, self-determination, and non-interference in internal affairs. In accordance with these principles, states are obliged to respect each other's right to freely determine their political and legal system and not interfere with its functioning. The right of a state to make and enforce laws is one of its sovereign rights, which must be respected by other states. Law enforcement authorities must respect the applicable foreign law, its features, so that the prescriptions of foreign law are implemented with the utmost care. Respect for foreign law follows from the principle of the sovereign equality of states.