Kanatova
K.T.- the student 4 courses of department of international law,
the research supervisor Dosymbekova M. S. Cand.Jur.Sci., associate
professor
departments
of international law
KazNU
named by al-Farabi
Order
and conditions of movement of goods as object of the international customs law
As it was noted earlier,
integration represents the general tendency of world development. It is
generated by regularities of development of productive forces and therefore has
objective character. And it means that integration is inherent also in the
states with planned, and to the states with market economy in system of world
economic communications. Under the influence of process of internationalization
of world and economic communications of the states and formation of the
mechanism of international forms of the international relations the tamokzhenny
right regulating forms of an economic suvereniktet of the state began to act in
system of the states, obukslovlenny as action of regularities public a razviktiya,
as the regulator of the international economic otknosheniye and forms of
protection of economic security of gosukdarstvo in world economic
communications. From this it follows that the mezhkdunarodny customs right
represents the generalized rules and obligations of the states of the world
community, the koorkdiniruyushchy and governing relations on providing economic
security and sovereignty in the world economic communications caused by
development of the general economic world relations [1]. Observance of norms
and principles of the international tamokzhenny right is provided with the
states on the osnokvakh of balance of interests and full uniformity in
understanding and application of norms of international law by all states. For
the effective solution of the problems stated above it is necessary to
eliminate artificially created discrimination customs restrictions of both
tariff, and not tariff character from the sphere of the international customs
relations.
In the world community
under the influence of the general economic world relations there is an
integration of the right as by development of its general norms and principles,
and on the basis of regional or bilateral agreements, development of the norms
and principles operating in the states of various social and economic systems.
Internationalization of various aspects of life of society, emergence of global
problems of mankind also cause the directions of integration communications in
the international system in general. Processes of integration and
differentiation bypassed also modern international law. Influence of scientific
and technical progress made possible an otpochkovaniye from it other branches
of the right. In system of international law there were new branches of
international law and area of legal regulation of the international legal
relations, such as: the space right, the nuclear right, the medical right, the
nonconsumptive right, the humanitarian law, the river right, the railway right,
the economic right, the right of tourism and travel, the right of scientific
and technical cooperation, the ecological right, the customs right, the bank
right, etc. [2, with 27].
The international law is a
system of the precepts of law governing the relations between the states in the
course of their cooperation. That is the international law is a set of the
precepts of law and the principles governing the relations not only the states,
but also other subjects of the international communication. Therefore,
international law - a standard subsystem of the international system, special,
other than legal systems of the concrete states. The subject of regulation
other than a subject of regulation of the internal law has international law.
These are the interstate relations in the broadest sense, i.e. the relations
between all subjects of this system of the right. If the international law in
general regulates all spheres of the international relations, the international
customs law - interstate communications only in special area of their relations
arising in the course of movement through customs border of goods, natural
persons, subjects, services and the capitals [4, with. 378-379].
The most important
direction of customs cooperation of the states has standard fixing in contracts
on interaction of the states in the field of the organization of customs
formalities, questions of simplification and harmonization of customs
procedures. First of all it concerns an order of simplification of different
customs registration of the international transport transport, the transit
movement of goods, release of interstate transport transportations from
taxation by the customs duties within customs territories of contracting states
[3, c.245]. The specified types of customs privileges found the fixing not only
in conventions, but also in separate articles of the interstate contracts
regulating questions of the international cooperation, for example, articles
127 and 128 of the Convention of the UN on a marine law. According to Art. 127
of this Convention the transit movement isn't subject to taxation by the
customs duties and taxes or other collecting. The same rule is applied and to
the movement of the vehicles which are carrying out transit. Besides, Art. 128
of the specified Convention provides creation of duty-free zones and granting
other customs privileges in ports of an entrance and exit in the transit States
established under the agreement between these states and the states which don't
have an outlet to the sea. Or, for example, the Vienna convention on the diplomatic
intercourses of April 18, 1961 allows to import into Art. 36 and exempts from
all customs duties and customs duties: the subjects intended for private use of
the diplomatic agent or the members of his family living together with it
including the subjects intended for his acquisition [5].
Thus, one of necessary and
major attributes of the state sovereignty is the right of the state to
establish an order and conditions of movement through its borders of persons,
baggage and goods. On the one hand, this right is used for the prevention and
suppression of unauthorized import and export of the subjects forbidden and
withdrawn from a turn. Any measures undertaken by the state for protection of
the domestic market are reflected on bilateral, regional and even global
processes of the international commodity turnover. In spite of the fact that
establishment of the general principles of customs regulation is within the
competence of interstate bodies, they in the activity have to consider need of
the country for development of interstate economic relations. In this regard
there is an objective need of coordination of the international cooperation in
customs affairs [6, c.870].
Thus, the basis of the
international cooperation in the sphere of implementation of transportations
through customs borders of the states is made by the international agreements
in this sphere. The basic principles and the purposes of removal of the customs
relations by the State Parties of the joint decisions made in the form of the
international acts are: definition of the directions of customs cooperation;
standardization of normative legal acts, establishment of uniform rules of
customs registration; establishment of the coordinated types, methods and forms
of customs control; unification of customs privileges; prevention of
discrimination at establishment of customs tariffs; creation of Customs unions
and organizations; questions of rendering legal aid and cooperation between
states.
Literature
1. Regulation of foreign economic activity and evolution of customs
policy of Russia. Theses of reports of the international scientific and
practical conference (on October 22 — 23, 1996). Customs academy of Russia.
P.1. - M, 1996.
2. International public law. The textbook / Under the editorship of K.A.
Bekyashev. – M, 2007. – 640 pages – Page 27.
3. Madiyarova D. M., Tekenov U.A., Akbayeva B. M. International
transport transport and management of customs affairs: manual. – Almaty, 2000.
– 245 pages.
4. The Vienna convention on the diplomatic intercourses of April 18,
1961 year / http://www .un.org/ru/documents/decl_conv/conventions/dip_rel.shtml
5. Borisov K.G. International customs law: Studies. the settlement - M.,
2001. - 616 pages - Page 378-379.