Theoretical Aspects of Customs Procedures Legal Regulation in Russia

Abstract

The publication studies the advantages and disadvantages of the legal regulation accompanying in Russia the establishment of the Customs Union for some CIS countries. The sources analyzed for the article are RF federal laws and codes, books and text books of Russian experts in civil and administrative law, as well as legal, explanatory dictionaries and encyclopedias and some acts of international law. The disadvantages have been found primarily in the customs procedures. The author argues that Russian legislators attempt to exclude the concept of customs regime from legal regulation and replace it with a wider category of customs procedure. The author finds that this intention is an advantage as it is in line with the international law regulation in particular with the Kyoto Convention, 1973 which Russia has joined recently. However, this is still work in progress. The article stresses that the normative acts being lengthy and cumbersome do not completely meet the Kyoto convention requirements. The concept of the status of products is used irregularly in Russian normative acts. The author of the publication suggests unifying the conceptual framework to be applied in customs law and associated branches and removing controversies and inconsistencies. He recommends introducing the concept of the right of possession into Russian customs procedures.