Tishchenko M. V., Usachev
V. A.
Donetsk National
University of Economics and Trade named after Mikhailo
Tygan-Baranovsky
Foreign economic activity
The concept of foreign economic activity came in 1987
with the transition to new management system and the launch of external
reforms. Their essence is the decentralization of foreign trade and the
transition from inter-governmental foreign economic ties to foreign economic
activity at the enterprise level. As a result of reforms in foreign developed
two concepts: foreign economic relations and foreign economic activity, the
latter of which has changed the pre-existing meaning and nature of
international relations.
Foreign economic activity as opposed to external
economic relations is carried out at the level of production structures (firms,
organizations, businesses, etc.) with full autonomy in choosing a foreign
partner, the nomenclature of goods for import and export transactions, the
pricing and contract value, volume and timing Delivery is part of their industrial
and commercial activity with both internal and with foreign partners. Thus, the
foreign economic activity is a combination of industrial and economic,
organizational, economic and commercial functions. Mandatory terms and
conditions associated external activities are certain operations to ensure the
promotion of goods from seller to buyer, on the timely provision of various
kinds of foreign trade services - transport, insurance, shipping, banking, the
implementation of payment and settlement operations, as well as the
availability of commercial and monetary information conjuncture of foreign
goods and money markets.
Foreign trade and foreign economic relations should
not be considered as two separate spheres of operation and public regulation.
The main objectives of foreign economic activities of the state, such as:
* Customs control of goods across the border;
* Non-tariff regulation of export and import of
certain goods of national importance (licensing and quotas);
* Measure the operational control of foreign economic
relations, including tariff regulation (taxes, fees and charges).
Significantly
affect the definition of a strategy of foreign trade activities of ministries,
agencies, individual companies and associations.
Foreign-economic
activity of enterprises is a sphere of economic activity associated with
international production and scientific-technical cooperation, export and
import goods, the equipment is in a foreign market.
The subjects
of foreign economic activities in Ukraine are:
- Individuals
- citizens of Ukraine, foreign citizens and stateless persons who have civil
legal capacity and competence in accordance with the laws of Ukraine and
permanently resident in the territory of Ukraine;
- Legal
persons registered in Ukraine, which are located on the territory of Ukraine
(companies, organizations and associations of all kinds)
- Integrating
the physical, legal, physical and legal persons who are not legal entities in
accordance with the laws of Ukraine, but in the territory of Ukraine and that
civil law is not prohibited by the laws of Ukraine to carry out economic
activities;
- Structural
units of foreign business entities that are not legal entities in accordance
with the laws of Ukraine (branch offices, etc.), but in the territory of
Ukraine;
- Joint
ventures with the participation of economic entities of Ukraine and foreign
business entities registered in Ukraine and who have permanent residence in the
territory of Ukraine;
- Other
business entities, provided laws of Ukraine.
- Ukraine,
through its agencies, local government and administration in the face of them
created by foreign organizations that are involved in foreign trade activities,
as well as other states that participate in economic activities on the
territory of Ukraine, acts as a legal entity in accordance with International
and Ukrainian legislation.
Economic
entities of Ukraine and foreign business entities in foreign trade activities
are guided by the following principles:
The principle
of freedom of foreign economic enterprise, which consists of:
- The right to
economic agents voluntarily engage in foreign economic relations;
- The right of
economic agents to exercise it in any form not expressly prohibited by
applicable laws of Ukraine;
- The obligation
to comply with the implementation of foreign economic activity of the order
established by the laws of Ukraine;
- The
exclusive right of ownership of foreign economic activity in all the results
obtained by this foreign economic activity;
The principles
of legal equality are:
- Equality
before the law for all economic agents, regardless of ownership, including the
State in carrying out foreign economic activity;
- Prohibition
of any, except as provided by this Act, state action, which resulted in a restriction
of rights and discrimination of foreign economic activity, as well as foreign
business entities for the forms of ownership, location and other
characteristics;
-
Non-restrictive activity on the part of any of its entities, except as provided
in this Act.
The rule of law, which consist of:
- Regulation
of foreign economic activity only by the laws of Ukraine;
- Ban the use
of regulations and acts of management of local authorities, which in any way to
create conditions for economic agents are less favorable than those established
by the laws of Ukraine;
The principles
of protecting the interests of foreign economic activity, which consist in the
fact that Ukraine as a state:
- Ensure equal
protection of the interests of all economic agents and foreign business
entities on its territory in accordance with the laws of Ukraine;
- Provide
equal protection for all subjects of foreign economic activity of Ukraine
outside of Ukraine in accordance with international law;
- Protect the
public interests of Ukraine, as in its territory and beyond its borders only in
accordance with laws of Ukraine, signed the conditions of its international
treaties and international law;
The principles
of equivalent exchange, consisting of non-dumped at import and export goods.
All economic
agents have an equal right to exercise any of its forms, is not directly
prohibited by the laws of Ukraine, irrespective of ownership and other
features. Individuals who have a permanent place of residence in the territory
of Ukraine, have this right if they are registered as businesses in accordance
with the Act. Individuals who do not have permanent residence in the territory
of Ukraine, have this right if they are business entities under the law of the
State in which they are domiciled or in which they are. Legal persons have the
right to carry out foreign trade activities in accordance with their statutory
instruments since gaining their legal status.