home Success stories Structure of customs authorities and their main functions. Customs authorities: concept, structure, system and principles of activity

Structure of customs authorities and their main functions. Customs authorities: concept, structure, system and principles of activity

Customs authorities are part of law enforcement agencies that protect economic security and sovereignty, control the conditions and procedure for the movement of goods and transport across the border, collect and process appropriate payments.

Goals

The customs border is the parameters of free warehouses and economic zones. And also all the borders of the territory of the Russian Federation. This customs territory is ensured by law and order, protection of the rights and interests of all citizens, society, organizations and the state through a system of certain bodies. Violations of legislation and regulations in this area (for example, cases of smuggling) entail criminal and administrative liability.

Customs authorities exist for both economic and law enforcement purposes. The latter are aimed at maintaining the security of the state, the environment, health and life of people. The economic goals pursued by customs authorities are replenishing state budget revenues and protecting the interests of Russian producers by establishing restrictions, quotas and tariffs.

Tasks

The Constitution of the Russian Federation prescribes the exclusive monopoly of the state over all customs activities. This is ensured by a number of factors:

Unified customs policy.
Unity of border and territory.
A unified system and general regulation of activities carried out by customs authorities.

The organization and legal basis are determined by the Customs Code of the Russian Federation, as well as individual laws and regulations, and international treaties. If other countries with Russia establish other rules not provided for by domestic legislation, then, according to the Constitution, the rules of international treaties can be applied. The tasks that the customs system solves are the following:

Development of the relevant policy of the Russian Federation, its implementation.
Participation in organizing and improving the department's system.
Ensuring the unity of the customs territory and the security of the Russian economy.
Protecting the interests of the Russian economy.
International cooperation in the field of customs issues and problems.

Customs system

This is a single centralized system, which includes the following government bodies:

State Customs Committee of the Russian Federation.
Customs departments in the regions of the Russian Federation.
The departments themselves.
Posts.

There are also special divisions in this system: laboratories, scientific, research and educational institutions, computer centers, other organizations and enterprises. The customs authorities of the Russian Federation are headed by the State Customs Committee with a chairman. He is appointed and dismissed by the President of Russia. The board, formed as an advisory body under the chairman, considers the most important issues. It includes not only a chairman and deputies, but also other competent employees. The Committee also has an Advisory Council that controls the customs authorities of the Russian Federation. It also reviews and analyzes departmental policies.

Customs Committee

The system of customs authorities is headed, as already mentioned, by the State Customs Committee. This department manages all lower-level structural units. It consists of many departments distributed in areas of activity: control, revenue, analysis and statistics, legal and customs departments, centers of currency control, security, combating smuggling and crimes in this area. The State Customs Committee of Russia carries out control and organizational functions, determines the relevant bodies of the Russian Federation, reorganizes and liquidates specialized departments, and determines the legal status.

Customs departments

The activities of customs authorities in the regions are carried out on the basis of the organization of customs affairs. This also includes the management of posts in this territory, which does not at all coincide with the administrative division of Russia. They finance subordinate units, interact with local government and other law enforcement agencies and commercial structures.

Currently, ten regional customs departments have been created and operate in Russia. These are Tatar, Dagestan, West Siberian, Moscow, Ural, Volga, East Siberian, North Caucasian, Far Eastern and Northwestern. There are border customs and internal ones. That is, those that are created on the border and those that operate inside the country. Customs is a legal entity that has its own seal and its own bank accounts. This allows it to carry out customs regulation independently.

the customs post

This is a fully authorized unit. An object capable of carrying out control and clearance in a specific territory of a certain point is a customs post. It is not a legal entity in itself, but performs the following functions:

Collection of customs duties, taxes and other customs payments.
Ensuring compliance with permitting procedures in the movement of transport and goods across the border of the Russian Federation.
Combating smuggling and other violations of customs rules and tax laws.
Profile statistics of foreign trade and special data for the Russian Federation.
Commodity nomenclature of foreign economic activity.
Control over the export from the country of strategic and other vital materials for the interests of the Russian Federation.
Currency control is within the competence.
Compliance with all international obligations relating to customs.
Many other features.

Customs control authorities

They are staffed by authorized persons. It is they who exercise control in this area. The customs authorities of the Russian Federation also carry out control by checking information and documents. Department employees conduct inspections of vehicles, goods and individuals through registration, oral questioning, checking all reporting systems, inspecting territories and storage warehouses, duty-free trade points and free zones. In a word, all those places where appropriate control must be carried out.

Since customs regulation is one of the functions of the state apparatus of the Russian Federation, the management of this entire area also falls within the competence of control. The Federal Customs Service of the Russian Federation has the right to create the necessary auxiliary structures. These are customs institutions, authorities and enterprises, as well as representative offices abroad. This is a single centralized system where regulation is carried out systematically and continuously.

Functions

In the light of the law on customs regulation, these bodies are assigned the following functions.

Based on the above, the functions of customs authorities can be classified as follows. The first group is the main ones, that is, external, sectoral. They can be implemented only at the level of administrative relations: customs control, information, collection of payments, provision of benefits, and so on. The second group provides management of organs. These are internal functions - financial, planning, personnel, logistics and other activities that ensure work of an organizational nature.

Rights of customs authorities

When performing the functions assigned to them, customs authorities may use the following rights:

Request information and documents.
Check with officials and citizens participating in customs operations for an identity document.
Require legal entities and individuals to confirm their authority to operate.
Carry out operational investigative activities in order to identify, prevent, suppress and solve a crime within the competence determined by the legislation of the Russian Federation.
Carry out urgent investigative actions and inquiries within the limits of competence and in the manner determined by the legislation of the Russian Federation.
Bring to administrative responsibility.
Use means of communication or transport belonging to public associations or organizations to prevent crimes.
Detain and deliver to office premises persons who are suspected of committing crimes, administrative offenses or those who are within the borders of customs affairs.
Documentation, audio and video recording, photography and filming of events and facts that are related to the import into and export from the Russian Federation of goods, with transportation and storage that are under the control of customs, as well as cargo transportation or other operations.
Numerous other rights.

State authorities in the constituent entities of the Russian Federation, as well as local self-government and any public organizations are prohibited from interfering in the activities of customs departments when they perform relevant functions.

FUNCTIONS OF THE CUSTOMS AUTHORITIES OF THE RF - are defined in Art. 9 TK. The customs authorities of the Russian Federation perform the following main functions:

Participate in the development of the customs policy of the Russian Federation and implement this policy;

Ensure compliance with legislation, control over the implementation of which is entrusted to the customs authorities of the Russian Federation; take measures to protect the rights and interests of citizens, enterprises, institutions and organizations in the implementation of customs affairs;

Ensure, within their competence, the economic security of the Russian Federation, which is the economic basis of the sovereignty of the Russian Federation;

Protect the economic interests of the Russian Federation;

Apply means of customs regulation of trade and economic relations;

They collect customs duties, taxes and others;

Participate in the development of economic policy measures in relation to goods transported across the customs border of the Russian Federation, implement these measures;

Ensure compliance with the permitting procedure for the movement of goods and vehicles across the customs border of the Russian Federation;

They fight against smuggling, violations of customs rules and tax legislation related to goods moved across the customs border of the Russian Federation, suppress illegal trafficking across the customs border of the Russian Federation of narcotic drugs, weapons, objects of artistic, historical and archaeological property of the peoples of the Russian Federation and foreign countries, objects of intellectual property , endangered species of animals and plants, their parts and derivatives, other goods, and also provide assistance in the fight against international terrorism and suppression of illegal interference at airports of the Russian Federation in the activities of international civil aviation;

Carry out and improve customs clearance, create conditions that facilitate the acceleration of trade turnover across the customs border of the Russian Federation;

Maintain customs statistics of foreign trade and special customs statistics of the Russian Federation;

Maintain the Commodity Nomenclature of Foreign Economic Activity;

Promote the development of foreign economic relations of the republics within the Russian Federation, autonomous regions, autonomous districts, territories, regions, cities of Moscow and St. Petersburg, as well as enterprises, institutions, organizations and citizens;

Promote the implementation of measures to protect state security, public order, morality of the population, human life and health, protection of animals and plants, protection of the natural environment, protection of the interests of Russian consumers of imported goods;

Exercise control over the export of strategic and other materials vital to the interests of the Russian Federation;

Carry out within the limits of their competence;

Ensure the fulfillment of the international obligations of the Russian Federation in terms of customs affairs; participate in the development of international treaties of the Russian Federation affecting; carry out cooperation with customs and other competent authorities of foreign states, international organizations dealing with customs issues;

Conduct research and consulting in the field of customs affairs; carry out training, retraining and advanced training of specialists in this field for government bodies, enterprises, institutions and organizations;

Provide, in accordance with the established procedure, the highest legislative body of the Russian Federation, the President of the Russian Federation and the Government of the Russian Federation, other state bodies, enterprises, institutions, organizations and citizens with information on customs issues;

Implement a unified financial and economic policy, develop the material, technical and social base of customs authorities, create the necessary working conditions for employees of these authorities.

In addition, the functions of customs authorities in the field of taxation are determined in the Tax Code. In accordance with paragraph 4 of Art. 9 of the Tax Code, customs authorities (SCC and its divisions) are participants in relations regulated by legislation on taxes and fees. In accordance with paragraph 2 of Art. 30 of the Tax Code, in cases provided for by the Tax Code, customs authorities have the powers of tax authorities. In accordance with paragraph 4 of Art. 30 of the Tax Code, customs authorities carry out their functions and interact through the exercise of powers and fulfillment of duties established by the Tax Code and other federal laws that determine the procedure for the organization and activities of tax authorities. The powers of customs authorities and the duties of officials of customs authorities in the field of taxation and fees are determined by Art. 39 of the Tax Code as follows: “1. Customs authorities enjoy the rights and bear the responsibilities of tax authorities to collect taxes and fees when moving goods across the customs border of the Russian Federation in accordance with the customs legislation of the Russian Federation, the Labor Code, other federal laws on taxes and (or) fees, as well as other federal laws (as amended by Federal Law of July 9, 1999 No. 154-FZ). 2. Officials of customs authorities bear the duties provided for in Article 33 of this Code, as well as other duties in accordance with the customs legislation of the Russian Federation. 3. Customs authorities carry out, in the manner established by the customs legislation of the Russian Federation, holding persons accountable for violating the legislation on taxes and fees in connection with the movement of goods across the customs border of the Russian Federation.” Federal Law No. 154-FZ of July 9, 1999 included Art. 871: “Tax audits conducted by customs authorities”, establishing that customs authorities conduct desk tax audits and on-site tax audits in relation to taxes payable in connection with the movement of goods across the customs border of the Russian Federation, in accordance with the rules provided for in Art. 87-89 NK. Articles 87-89 of the Tax Code establish tax audits. Encyclopedia of Russian and international taxation. - M.: Lawyer

In the system of government bodies governing foreign economic activity (hereinafter referred to as FEA), a special role is assigned to the customs service of the Russian Federation, which is currently experiencing a new stage of its development and reform.

Law of the Russian Federation of May 28, 2003 No. 61-FZ adopted a new Customs Code of the Russian Federation. This was the second codified regulatory legal act in the field of customs legislation, which came into force on January 1, 2004.

In accordance with Decree of the President of the Russian Federation of March 9, 2004 No. 314 on the system and structure of federal executive authorities, the State Customs Committee of the Russian Federation was transformed into the Federal Customs Service of the Russian Federation (clause 15), which is under the jurisdiction of the Ministry of Economic Development and Trade of the Russian Federation.

In pursuance of this by-law, the Minister of Economic Development and Trade of the Russian Federation adopted order No. 190 dated July 5, 2004 “On organizational measures for the transformation of the State Customs Committee of Russia into the federal customs service. Not published in official sources. On August 21, 2004, the Regulations on the Federal Customs Service were approved by decree of the Government of the Russian Federation.

The goal of the customs authorities of the Russian Federation is to implement customs regulation through the most effective use of instruments of customs control and regulation of commodity exchange, participation in the implementation of tasks to promote foreign trade, stimulate the development of the national economy and a number of other goals.

The main tasks of the customs authorities of the Russian Federation:

- collection of customs duties in full and their transfer to the federal budget;
- implementation of state control over compliance by foreign trade participants with prohibitions and restrictions when moving goods across the customs border of the Russian Federation;
- control over the implementation of foreign economic activity using tariff and non-tariff regulation;
- identification, prevention, suppression and disclosure of crimes and administrative offenses in the customs sphere;
- carrying out the search for persons hiding from the preliminary investigation authorities and the court, evading criminal punishment, as well as searching for missing persons;
- obtaining information about events or actions that pose a threat to the state, military, economic or environmental security of Russia.

According to Art. 403 of the Customs Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), customs authorities perform the following main functions:

The Federal Customs Service of the Russian Federation (FCS of Russia) is the central body that directly manages customs affairs. It has the right to create institutions that are part of the customs system, but do not carry out law enforcement. In accordance with Decree of the Government of the Russian Federation No. 429 of August 21, 2004, the Federal Customs Service, as one of its powers, “carries out proceedings in cases of administrative offenses.”

Regional customs departments of the Russian Federation (RTU) are an intermediate link between the Federal Customs Service of Russia and customs. RTUs are part of the unified system of customs authorities of the Russian Federation and carry out operational management of customs affairs in the territory of subordinate regions under the direct supervision of the Federal Customs Service of Russia.

Customs directly implement the main part of the tasks of customs affairs in their area of responsibility and manage the activities of subordinate customs posts. Depending on their territorial location, they are divided into border and internal.

Border ones include customs houses and customs posts located at places where transport highways cross the border of the Russian Federation, as well as at airports and seaports. These also include crossing points (checkpoints) for all types of vehicles across the border of the Russian Federation. As a rule, they record the passage of goods and vehicles across the border and report this to internal customs and carry out customs control.

Internal ones include customs houses and customs posts located in places where participants in foreign trade activities (recipients and senders of goods) are concentrated in the customs territory of the Russian Federation. They carry out customs clearance of goods and control over their delivery, collection of customs duties due and other customs procedures directly on site.

The activities of customs authorities as executive authorities are expressed in the performance of the functions assigned to them by the state.

The functions of an executive authority should be understood as a complex of interconnected, defined in the status of the authority and based on the continuous exchange of information, organizational and legal influences of the authority, its structural divisions, employees who provide management objects with political, economic, methodological orientation, material, technical, labor and others resources aimed at achieving the goals set for the management system as a whole. The functions of the executive body are derived from the functions of the state, they reflect the material content of management activities, a list of them is contained in the acts regulating the legal position of the body in the general system of state bodies.

The classification of management functions in scientific and educational literature is not carried out unambiguously by various authors. The main classification criteria are the object and subject of management.

The object of management in relation to the activities of customs authorities is the legal, economic and organizational foundations of customs affairs, aimed at protecting the economic sovereignty and economic security of Russia, enhancing ties between the Russian economy and the world economy, ensuring the protection of the rights of citizens, business entities and government bodies and their compliance with responsibilities in field of customs affairs.

The functions performed by management subjects are divided into basic (industry) and supporting (functional).

Customs authorities perform the following main functions (responsibilities):

1. carry out customs control, improve methods for performing customs operations and conducting customs control, create conditions that facilitate the acceleration of trade turnover when importing goods into the Russian Federation and exporting goods from the Russian Federation;

2. promote the development of foreign trade of the Russian Federation, foreign economic relations of the constituent entities of the Russian Federation, acceleration of trade turnover;

3. maintain customs statistics of foreign trade and special customs statistics;

4. collect customs duties, taxes, anti-dumping, special and countervailing duties, customs duties, control the correctness of calculation and timely payment of these duties, taxes and fees, take measures to enforce them;

5. ensure on the territory of the Russian Federation compliance with the procedure for the movement of goods and vehicles of international transportation across the customs border of the Customs Union;

6. ensure, unless otherwise established by the legislation of the Russian Federation, compliance with the prohibitions and restrictions established in accordance with international treaties of the member states of the Customs Union and the legislation of the Russian Federation in relation to goods imported into the Russian Federation and exported from the Russian Federation;

7. ensure, within their competence, the protection of rights to intellectual property;

8. identify, prevent, suppress crimes and administrative offenses referred by the legislation of the Russian Federation to the competence of customs authorities, as well as other related crimes and offenses, carry out urgent investigative actions and carry out preliminary investigations in the form of inquiries in criminal cases about these crimes, carry out administrative proceedings in cases of administrative offenses in the field of customs affairs (violations of customs rules), provide assistance in the fight against corruption and international terrorism, combat the illicit trafficking of intellectual property, narcotic drugs, psychotropic substances, weapons and ammunition, cultural property and others items moved across the customs border of the Customs Union and (or) across the State border of the Russian Federation;

9. promote the implementation of measures to protect state security, public order, morality of the population, life and health of humans, animals and plants, protection of the natural environment, protection of the interests of consumers of goods imported into the Russian Federation;

10. exercise, within their competence, control over currency transactions related to the movement of goods across the customs border of the Customs Union, as well as the import of goods into the Russian Federation and their export from the Russian Federation, in accordance with international treaties of the member states of the Customs Union, currency legislation the Russian Federation and the regulatory legal acts of currency regulatory authorities adopted in accordance with it;

11. promote the development of the export and transit potential of the Russian Federation, optimize the export structure, protect the interests of domestic producers using customs regulation, constantly improve the customs control system, facilitating the optimal use of customs authorities’ resources;

12. provide, in accordance with the international treaty of the member states of the Customs Union, measures to combat the legalization (laundering) of proceeds from crime and the financing of terrorism when exercising control over the movement across the customs border of the Customs Union of the currencies of the member states of the Customs Union, securities and ( or) currency valuables, traveler's checks;

13. explain to interested parties their rights and obligations in the field of customs legal relations, provide assistance, within the limits of their powers, to participants in foreign economic activity in the exercise of their rights when carrying out customs operations in relation to goods and vehicles of international transportation;

14. ensure the fulfillment of the international obligations of the Russian Federation in terms of customs affairs, carry out cooperation with customs and other competent authorities of foreign states, international organizations dealing with customs issues;

15. provide information and consultation in the field of customs affairs, provide state bodies, organizations and citizens with information on customs matters in the prescribed manner;

16. carry out research and development activities in the field of customs affairs.

The supporting functions of customs authorities include personnel, financial planning, logistics and other functions of an organizational nature.

Customs authorities perform the functions assigned to them both independently and in cooperation with other government bodies, enterprises, institutions and organizations, as well as with citizens. At the same time, state bodies and their officials are obliged to assist customs authorities in solving the tasks assigned to them, including by creating appropriate conditions for this. This applies, first of all, to financial and tax authorities, border service authorities, transport authorities and many others, which are closely related functionally to customs authorities.

Customs authorities perform the following main functions:

1) carry out customs clearance and customs control, create conditions that facilitate the acceleration of trade turnover across the customs border;

2) collect customs duties, taxes, anti-dumping, special and countervailing duties, customs duties, control the correctness of calculation and timely payment of these duties, taxes and fees, take measures for their forced collection;

3) ensure compliance with the procedure for moving goods and vehicles across the customs border;

4) ensure compliance with the prohibitions and restrictions established in accordance with the legislation of the Russian Federation on state regulation of foreign trade activities and international treaties of the Russian Federation in relation to goods moved across the customs border;

5) ensure, within their competence, the protection of intellectual property rights;

6) fight smuggling and other crimes, administrative offenses in the field of customs affairs, suppress illegal trafficking across the customs border of narcotic drugs, weapons, cultural property, radioactive substances, endangered species of animals and plants, their parts and derivatives, objects intellectual property, other goods, and also provide assistance in the fight against international terrorism and suppression of illegal interference at airports of the Russian Federation in the activities of international civil aviation;

7) carry out, within their competence, currency control of operations related to the movement of goods and vehicles across the customs border, in accordance with the legislation of the Russian Federation on currency regulation and currency control;

8) maintain customs statistics of foreign trade;

9) ensure the fulfillment of the international obligations of the Russian Federation in terms of customs affairs, cooperate with customs and other competent authorities of foreign states, international organizations dealing with customs issues;

10) provide information and consultation in the field of customs affairs, provide state bodies, organizations and citizens with information on customs issues in the prescribed manner;

11) conduct research work in the field of customs affairs.

End of work -

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The use of weapons and special means in the implementation of private detective and security activities
In the course of carrying out private detective activities, it is permitted to use special means, and when carrying out private security activities - special means and firearms.

Legal service of the organization (legal work)
Legal work as a type of law enforcement activity is assigned to the legal service of organizations. This activity is aimed at ensuring the normal functioning of the enterprise, namely