Legal and Practical Problems of Definition of Goods in Public Law Regulation of Foreign Trade

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Abstract

Objectives of the study. The material of the article considers the legal concept of goods in public law regulation of foreign trade. The substantive characteristics of the term in question undergo a critical analysis. International, regional and national legal foundations of foreign trade turnover are analyzed. Different types of official wording of goods in the law of the Eurasian Economic Union and in the Russian legislation are investigated. Research into causes hindering a common interpretation of goods is conducted. The practical consequences of law enforcement and judicial discrepancies, examples of specific conflict situations arising from customs legal relations are demonstrated. Major and minor criteria are established for the general definition of goods both imported into and exported out of the country in the context of Russia's membership in the Eurasian Economic Union. Conclusions. As the objectives of the study are achieved, the author's position of a legal interpretation of goods is formed. It is proposed to include materiality and customs classification in accordance with the Commodity Nomenclature of Foreign Economic Activities of the Eurasian Economic Union as the main defining criteria of goods. The derived features will serve as the possibility of transfer of goods across the border (the customs border of the Union and/or the state border of Russia) by any means of transportation, including the accompanied baggage of individuals crossing the border. The derived features clarify wording such as “arrival of goods on the customs territory of the Union by any means”, thus excluding the transmission of information via the Internet.

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About the authors

Sergey V. Khalipov

Russian Foreign Trade Academy of the Ministry of Economic Development of the Russian Federation (RFTA)

Author for correspondence.
Email: SHalipov@vavt.ru
SPIN-code: 6247-0387

Cand.Sci.(Law), Associate Professor, Head of the Public Law Department

Russian Federation, Moscow

References

  1. Borisov K.G. International customs law. М., 2001. 616 р.
  2. International classification of non-tariff measures. UN UNCTAD, 2019. 94 р.
  3. Ovchinnikov S.N. International customs law. Vladivostok, 2012. 176 р.
  4. Smbatyan A.S. Interpretation and application of the rules of the World Trade Organization: a monograph. М., 2017. 448 р.
  5. Khalipov S.V. Administrative and legal regulation of foreign trade in goods: a monograph. М., 2024. 186 р.
  6. Shumilov V.M. International economic law in the context of the globalization of the world economy (problems of theory and practice): a doctor of legal sciences thesis. Moscow, 2001. 400 р.

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