scholarly journals CUSTOMS FORMALITIES: INTERNATIONAL AND NATIONAL EXPERIENCE

2019 ◽  
pp. 166-169
Author(s):  
A. Ye. Pletnova

In the context of the European integration processes that are currently being actively performed in Ukraine, issues of implementationand application in the field of customs-legal regulation of theconceptual-categorical apparatus used in international acts aregetting particular relevance. The study of the legal nature of the “customs formalities” concept becomes one of the modern problems. The unification andharmonization of national legal systems in the field of customs formalities is a key problem for international cooperation in the fieldof customs. According to the Customs Code of Ukraine, customs formalities are defined as a set of actions to be executed by the relevant personsand bodies of income and fees in order to comply with the requirements of the Ukrainian national customs legislation. The “customs formalities” concept is often used in bilateral international agreements of interstate andintergovernmental nature inthe field of customs activities between Ukraine and other states. International agreements (customs conventions) play significant rolein the regulation of customs formalities. According to the Kyoto Convention, customs formalities are defined as a set of actions to be performed by the relevant persons andthe customs service in order to comply with the requirements of customs legislation. In accordance with the Istanbul Convention, customs formalities relate to obtaining from the customs authorities preliminarypermissions, the usage of privileges for the temporary importation of certain categories of goods by the relevant persons, and the impositionof prohibitions and restrictions arising from national laws and regulations. In the Glossary of International Customs Terms, published by the World Customs Organization, customs formalities are understoodas all transactions to be performed by persons concerned and by the customs authorities in order to comply with customs legislation. It can be concluded that Ukraine national customs legislation is on the path of adaptation to the international norms and standards. In the field of legal regulation of international trade there are both positive moments and imperfections,which significantly complicatetransborder movements in the process of international trade.

2020 ◽  
Author(s):  
S.V. Strygina

The article analyses the legal basis of activities of cleaning up the world oceans. It is emphasized that they are complex. The role of the UN in solving environmental problems is also highlighted. The need for international cooperation in the protection of the marine environment is mentioned. The article raises the problem of improving both international and national legislation and eliminating gaps in the law. The importance of social responsibility of business is emphasized.


2021 ◽  
Vol 10 (1) ◽  
pp. 103-122
Author(s):  
Oleksandr Omelchuk ◽  
Inna Iliopol ◽  
Snizhanna Alina

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.


Author(s):  
D. M. Moshkova ◽  
I. Yu. Karandaev

The article presents aspects of the legal regulation of international scientific cooperation aimed at the creation and operation of unique scientific installations of the “megascience” class. On the example of scientific projects CERN, ITER and XFEL, the individual features of legal regulation are analyzed: the legal basis, the key provisions of the concluded international agreements, as well as the relationship with the Russian legislation. On the basis of the analysis and generalization, the authors identify the features of legal regulation, which should be taken into account when creating future scientific projects of the “megascience” class. 


Author(s):  
Alexander Fedyunin

This article analyzes the establishment of legal regulation of the court's activity in the consideration and resolution of the question of transferring foreign citizens sentenced by the court of the Russian Federation to serve their sentence in country of citizenship. The author offers periodization of the chronology of its evolution,  and draws attention to the gaps and inaccuracies in the current legislation and the need for amending normative legal framework, which is testified by the legal acts adopted by the state authorities of the Russian Federation, including those aimed at regulation of international legal relations in this sphere, as well as the works of the scholars-processualists. The conclusion is made that the corresponding court's activity acquires a special role. Compared to the Soviet period, national and international norms that regulate the court’s activity in this area have experiences significant changes, as the number of convicts transferred to their country of citizenship has increased considerably, the contractual practice of the Russian Federation has expanded, which is substantiated by the globalization processes and the need for the development and strengthening of international cooperation of the Russian Federation with foreign countries in the sphere of transferring foreign citizens. Examination of the chronology of changes experienced by the normative legal framework of the court’s activity in the course of its establishment and development, allows choosing the right direction for further improvements.


1948 ◽  
Vol 2 (2) ◽  
pp. 400-401

The special session of the International Wheat Council which began in Washington on January 28, 1948, announced on March 6 the successful conclusion of a five-year International Wheat Agreement fixing a range of prices within which 500 million bushels of wheat would flow annually through the channels of international trade. The agreement was signed by some 36 nations, including all the major wheat-importing and wheat-exporting countries of the world with the exception of Argentina and the Soviet Union. Subject to the ratification of the signatory states, the multilateral agreement — the first of its kind in history — was to come into force on August 1, 1948, climaxing many years of effort to stabilize the world wheat market through international cooperation. The agreement provided maximum and minimum prices for each of the five years of its duration and specified quantities to be purchased or sold by each of the importing and exporting nations. While transactions outside the prescribed range were permitted, they would not apply toward the fulfillment of each member's quota under the agreement.


2021 ◽  
Vol 10 (4) ◽  
pp. 304
Author(s):  
Volodymyr Cherniei ◽  
Serhii Cherniavskyi ◽  
Viktoria Babanina ◽  
Оlena Tykho

The article examines the features of criminal liability for transactions related to the circulation of cryptocurrencies. In order to determine the specifics of criminal violations in the field of cryptocurrency circulation, the legal nature of cryptocurrencies is studied. It is concluded that in order to properly qualify criminal offenses related to the circulation of cryptocurrencies, it is advisable to recognize cryptocurrencies as a type of property or money. The article analyzes the global approaches to the legal regulation of relations related to the circulation of cryptocurrencies. Based on the results of this analysis, it is concluded that relations regarding cryptocurrencies in most countries of the world are insufficiently regulated and are still outside of the legal field. This complicates, inter alia, the establishment of criminal liability for transactions involving the circulation of cryptocurrencies. A significant part of the article is devoted directly to the study of criminal liability for transactions involving the circulation of cryptocurrencies in different countries. The norms of the Criminal Codes, which establish liability for criminal violations in the field of cryptocurrency circulation, are analyzed. The measures that need to be implemented to ensure the control of government agencies over the circulation of cryptocurrencies and the security of all operations related to cryptocurrencies are identified.


2020 ◽  
Vol 15 (6) ◽  
pp. 55-63 ◽  
Author(s):  
M. A. Egorova ◽  
A. V. Belitskaya

Recently, the legislation on cryptocurrencies has been rapidly developing both in foreign countries and in the Russian Federation. The paper analyses trends and prospects of legal regulation of cryptocurrency emission and allocation, represents various approaches to this issue in the international arena. The author provides us with a thorough analysis of recent trends in the development of legislation on the emission and allocation of cryptocurrencies in the world, substantiates the theses that states are constantly seeking to settle the digital realm. By defining the legal nature of cryptocurrencies and referring them to a particular object of legal regulation, the state streamlines and systematizes the rules that will be applied to mining and ICO. Whether the market is interested in such regulation is a philosophical question, but the state as a sovereign cannot afford to recognize (the lack of regulation should be treated as a tacit recognition in this case) the existence of cryptocurrency as an alternative to the national payment unit.


Author(s):  
SERGEY V. MIKHNEVICH ◽  
◽  
SERGEY R. KRASILNIKOV ◽  

The authors gathered and analyzed the latest surveys and recommendations of major multilateral institutions of international cooperation (WTO, B20, UN, UNCTAD, IMF, ILO, OECD, WEF) dedicated to the possible ways and remedies to overcome the current social and economic crisis caused by COVID-19 pandemic. The authors also assessed the current stance and prospects of the world economy. They paid particular attention to the current trends in international trade and investment. As a result, the authors identified and classified some key concrete common ideas and proposals shared by various multilateral institutions of international cooperation and aimed at overcoming identified deficiencies of the global response to the crisis.


2021 ◽  
Vol 39 (6) ◽  
Author(s):  
Olga Tur ◽  
Marta Kravchyk ◽  
Ivanna Polonka ◽  
Oksana Levytska ◽  
Mariia Pshoniak

A money loan agreement is an independent type of civil law contract. It is described by one-sided obligations of the parties, reality, dispositive payment, and dispositive urgency. The paper provides a comprehensive study of the loan agreement, in particular the money loan agreement, solving theoretical and practical problems of legal regulation of the institution of loan obligations. The analysis of judicial practice and civil law legislation of Ukraine regulating the institution of credit is carried out. The genesis of the concept and features of the development of loan relations and the money loan agreement, its correlation with the loan agreement, are clarified. Based on the conducted research, theoretical conclusions are formulated and proposals are developed to improve the legal regulation of relations arising based on a loan agreement. It was stated that since the adoption of the European integration course by Ukraine, relations are increasingly developing, based on which loan agreements and credit agreements in particular are concluded. To overcome differences in their application, it is necessary to provide the loan agreement with the Civil Code of Ukraine with positive legal regulation so as not to apply the reference rules that relate to the loan agreement.


Author(s):  
M. A. Yegorova ◽  
A. V. Belitskaya

The article identifi es the defi nition and legal nature of cryptocurrency mining, raises the question of whether mining is a business activity and in which cases it becomes the object of legal regulation. The concept of mining is compared with similar phenomena — banking, securities issuance, money issuance by Central banks, on the basis of which a conclusion is made about the features of this business line.


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