G.S. Kaliyeva

Candidate of Law, associate professor

University NARXOZ

Almaty, Kazakhstan

kalieva-gs@mail.ru

Legal fundamentals of customs logistics

The term «logistics» has an ancient origin. In Ancient Greece the word «logistics» designated «calculating art» or «art of a reasoning, calculation». In the Roman Empire under the logistics understand the rules of food distribution. During the time of the Byzantine’s Emperor Leo VI (866-912) logistics was defined as the art of supply of army and control its movements. Subsequently, historically three sources of formation of the term «logistics»: the military, mathematical, economic (management). The main direction of development of logistics in the historical aspect is the military science. For the first time logistics approach was used by Alexander the Great, who was involved in the routing of the movement of troops. In this way of movement tied to river beds and the location of large settlements for the timely supply of weapons Army uniforms and food.

At the level of inter-functional and inter-organizational interaction the logistics underwent step-by-step development. Now scientists of the different countries agree in opinion that an object of logistics is the material flow on all way of the movement, i.e. from primary source to the final consumer, and a subject – a cost optimization on all chain of merchandising.

The purpose of logistics is determined by 7 rules: (1) the necessary goods shall be delivered (2) in due time (3) in the right place, (4) with the smallest costs, (5) necessary qualities, (6) in the necessary quantity and (7) necessary consumer. If these rules are carried out, then the purpose of logistic activities is considered reached [1, p. 8-10].

Let’s consider customs logistics. Customs logistics - the newest applied direction of logistics which connects two various, but interconnected fields of activity - logistic and customs.

The task of customs logistics is a conducting the processes connected with the organization of the international exchange of material flows. For example, in the Russian Federation process of a customs clearance still constitutes not only an essential part of expenses on movements of a flow, but also distracts many resources. Enters this process: a risks assessment of movement of goods through border, preparation of packets of shipping documents, filling of the customs declaration, an expert evaluation of freights; check of freights on compliance of the customs declaration; documentary registration of all processes from shipment before release of goods from the customs terminal; storage of freights as on a warehouse of temporary storage, and in stock safe custody of freight; licensing, certification of imported goods which require these procedures, etc.

Generally all methods and funds of customs logistics are allocated for optimization of foreign economic activity.

Proceeding from the aforesaid purpose, the Concept of a customs clearance and customs control of imported goods in the places which are brought closer to frontier of the Russian Federation was accepted.

Main goal of the Concept is transfer of customs declaring to the places which are brought closer to frontier and consequently, release of the large cities from extensive cargo flows that will lead to decrease in transport load of the cities.

With respect thereto there is a need of creation of new places of customs declaration of goods and vehicles for the places established by the Concept. The concept determines that to carry out customs declaring in the places which are brought closer to frontier, it is reasonable on customs and logistic terminals (further - CLT) - or again created, or by upgrade of already functioning CLT. Within implementation of the Concept the Federal Customs Service of Russia the list of CLT which creation is reasonable in a first-priority order is established. In an activities zone the northwest customs authority is planned to create 14 new CLT which will be tied to the international check points.

Customs clearance process of freights on CLT includes implementation in addition to customs and other types of the state control - quarantine phytosanitary and veterinary. At the same time invariable is a problem of increase in efficiency of control in case of the maximum reducing its terms in the conditions of constantly growing cross-border goods of a flow. As CLT are conceptually new complexes which tasks include ensuring the maximum number of participants of foreign economic activity with customs services (further - foreign trade activities), essentially new methodological base of management customs and other types of control on CLT is required.

Application of the existing methods of management customs and other types of control on CLT leads to emergence of material and temporary costs of participants of foreign trade activities, interferes with development of cross-border transportations and doesn't allow to realize fully provisions of the Concept of a customs clearance and customs control of imported goods in the places which are brought closer to frontier of the Russian Federation.

The customs and logistic terminal is a complex of the buildings, constructions, the territories united in a whole within which the services connected with a customs clearance of goods and vehicles, their storage, transportation in depth of the country, and also other accompanying services located in close proximity to the check point through frontier of the Russian Federation [4] are rendered.

Concept CLT can be divided into two components: commercial and customs:

- it is possible to refer implementation of the services connected with transportation, storage, a customs clearance of goods to a commercial component (warehouses, office buildings, parking for vehicles, and also points of food, hotel, insurance companies, etc.);

- the services connected with accomplishment of the state functions on a customs clearance and customs control of goods (i.e. availability of structural division of customs authority on CLT) belong to a customs component [5].

The main criterion for evaluation of CLT is its handling capacity, i.e. a possibility of simultaneous placement of vehicles on the platform intended for vehicles with the goods placed on temporary storage and also vehicles with the goods which are under customs control in the territory adjacent to the warehouse of temporary storage (WTS). Proceeding from it to the 1st category will refer CLT capable to one-timely place with themselves over 300 vehicles, to the 2nd category - complexes with an indicator from 50 to 300 vehicles, to the 3rd category - objects with handling capacity from 10 to 50 vehicles [6].

In case of the choice of the most optimum and perspective option of placement of CLT from the customs point of view it is necessary to recognize that CLT can be located based on WTS, or the check point (CP) through frontier (when the terminal is at distance of several tens kilometers from software, at distance from several hundred meters to several kilometers from software and when it directly adjoins to software territory).

Thus, the Positive moments during creation of CLT are reducing time for carrying out a customs clearance and customs control of goods; minimum expenses of participants of foreign economic activity; ensuring decriminalization of the customs sphere; considerable decrease in transport loadings and possibility of expansion of infrastructure and social and economic development of border regions.

References:

1. Logistics: Theory and Practice / G.G. Levkin. - Rostov n/D: Phoenix, 2009. - 221, [1] p .: silt. - (Higher education).

2. The concept of customs clearance and control in places close to the state border of the Russian Federation // Official site of the Federal Customs Service of Russia. URL: http // www.cust oms.ru.

3. The strategy of the Federal Customs Service until 2020 Electronic resource. Mode of access: World Wide Web. / URL: http://www.customs.ru/attachments/article/13872/Proektstrategii,odobr ennyyresheniemkollegiiFTSRossiiot26.06.2009.pdf

4. The concept of customs clearance and control in places close to the state border of the Russian Federation // Official site of the Federal Customs Service of Russia. URL: http // www.cust oms.ru.

5. Information about direction. Federal Customs Service Letter dated 8 September 2009 number 04-21 / 42519 // Consultant: computer-assisted legal research / razrab. NGO «Calc. mathematics and computer science».:Consultant, 1998-2010. URL: http // www.consultant.ru.

6. CLT direction categories. Federal Customs Service Letter dated 22 March 2010 number 21-16 / 13318 // Consultant: computer-assisted legal research / ed. NGO «Calc. mathematics and computer science». M .: Consultant, 1998-2010. URL: http // www.consultant.ru.