Legal and socio-economic problems that arise during the detection of signs of violations of customs rules, and identifying property which has no owner or owner who is unknown by border and fi scal authorities

Author: Roman Havrik
Institution: National Academy of the State Border Guard Service of Ukraine named aft er Bohdan Khmelnytskyi
ORCID: https://orcid.org/0000-0003-1557-0594
Author: Svitlana Petrechenko
Institution: National Academy of the State Border Guard Service of Ukraine named aft er Bohdan Khmelnytskyi
ORCID: https://orcid.org/0000-0002-7329-0219
Year of publication: 2020
Source: Show
Pages: 45-57
DOI Address: https://doi.org/10.15804/rop2020403
PDF: rop/14/rop1403.pdf

In this research paper the author considers the problematic aspects of interaction of bodies (units) of state border protection and customs of the State Customs Service of Ukraine during the detection of signs of violations of customs rules, as well as the indentifying property that has no owner or owner unknown at border crossings. entry-exit checkpoint, in the controlled border area. At the same time, the current state of legal regulation of this issue, the main legislative developments in this area, which took place in connection with the joint order of the Ministry of Finance and the Ministry of Internal Affairs of Ukraine number 849/828, foreign approaches to cooperation between customs and border units. Based on the study, it was concluded that the issues of cooperation between state border guards and customs of the State Customs Service of Ukraine are regulated by the updated Procedure number 849/828, approved by a joint order of the Ministry of Internal Affairs and the Ministry of Finance of Ukraine. a number of powers from the administrative-operational group to draw up reports on administrative offenses, to send an act of detection, and on the property of the owner, who is unknown or as has no owner - transfer of property to the relevant department of the State Customs Service of Ukraine, to other officials of state border guards, and also extended the validity of this document not only to cases of violations of customs rules, property whose owner has no owner or whose owner is unknown, detected at checkpoints across the state border of Ukraine, but also for similar cases detected at the checkpoint of entry-exit, in the controlled border area. At the same time, the mentioned Procedure number 849/828 does not solve a number of urgent issues of such interaction, such as: insufficiently effective coordination of work of state border guards and customs of the State Customs Service of Ukraine on ensuring unity of customs and border control, impossibility to send a representative protection of the state border (units of protection of the state border) and customs of the State Customs Service of Ukraine, carrying out separate control in cases when it is necessary to carry out joint control, lack of interest in such interaction, lack of a specific list of reasons when a joint inspection should be conducted, lack of sanctions for failure to conduct a joint inspection in case of detection of goods moving in violation of customs rules and border legislation without sufficient reasons. Therefore, a solution to these problems is proposed.

REFERENCES:

  • Aurelija Pūraitė, Saulius Greičius, Danguolė Seniutienė (2017). Managing State Border in the Context of Migration Crisis in Europe. Lithuanian Case. Montenegrin Journal of Economics, vol. 13, no. 3, pp. 31-42.
  • Bobrova, O.G., Kozhankov, A. A.Ju., Korovjakovskij, D.G. (2017). Coordinated border management: international standards and law enforcement practice. Moscow: Prometey. (in Russian).
  • General Results on the activities of the State Border Guard Service of Ukraine in 2019 (2019). State Border Guard Service of Ukraine. Retrieved from: https://dpsu.gov.ua/upload/infografika_2019_na_sayt.pdf.
  • Pryimachenko, D.V. (2014). Informing as a form of interaction between revenue and fee bodies in the process of customs procedures. Finance law, no. 3, pp. 25-29.
  • Protocol amending the Marrakech Agreement Establishing the World Trade Organization (2014). Legislation of Ukraine. Retrieved from: https://zakon.rada.gov.ua/laws/show/981_053.
  • Halaniuk Ya, S. (2018). Fields of interaction of the State Border Guard Service of Ukraine with public authorities in the field of border security. Bulletin of the NAPA under the President of Ukraine (Series «Рublic Аdministration»), no. 2, pp. 41-47.
  • Sierykh, O.V. (2012). Some issues of interaction of customs authorities with state border guard authorities. Scientific herald of Uzhgorod National University. Series Law, no. 19, vol. 3, pp. 198-200.
  • Ministry of Health of the Republic of Belarus (2013). Decree of the Ministry of Health of the Republic of Belarus, State Customs Committee of the Republic of Belarus, State Border Committee of the Republic of Belarus of December 30, 2013 No. 135/34/16 “On Approval of the Instruction on the Procedure for Actions (Interaction) of the Customs Authorities of the Republic of Belarus, Border Service of the Republic Belarus, bodies and institutions that carry out state sanitary inspection, when conducting sanitary and quarantine control at checkpoints across the state border of the Republic and Belarus”. The official website of the State Customs Committee of Belarus. Retrieved from: http://www.customs.gov.by/images/storage/simplecatalog/000223_565753.doc.
  • Semenjuk, D.P. (2018). The concept and legal basis for the interaction of the bodies of the border service and the customs authorities in the fight against crime. Proceedings of the Border services of the Republic of Belarus: history and modernity (Moscow, Minsk, 03.05.2018). (eds. Grishko V.D.). Minsk: GUO “IPS RB”, part 1, pp. 290-293.
  • Bukanova, O.A. (2013). On the interaction of border guard service personnel carrying out border control and customs officers of the Federal Customs Service of the Russian Federation at checkpoints across the state border of the Russian Federation. Military Law Journal, no. 6, pp. 2-4.
  • Adamchik, M., Tkach, A. (2004). Border Guard of the Republic of Poland: Modern European Border Guard Service. Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR). Warsaw: Pebekom. 97 p.
  • Bojkova, M.V. (2017). Foreign experience of customs administration. Under total ed. V.V. Makrusev. M.: Publ. Russian Customs Academy. 130 p.
  • Mota, A.F. (2008). Fight is against Contraband Goods in Activity Government Boundary Service of Ukraine: Organizational and Judicial Aspects. Forum of law, no. 3, pp. 374
  • Ministry of Finance of Ukraine and the Ministry of Internal Affairs of Ukraine (2018). On approval of the Procedure for cooperation between the bodies of the State Border Guard Service of Ukraine and the State Fiscal Service of Ukraine in identifying signs of violations of customs rules, as well as identifying property that is not owned by the owner or whose owner is unknown: an order of the Ministry of Finance of Ukraine and the Ministry of Internal Affairs of Ukraine dated 18.10.2018, No. 849/828. Official Bulletin of Ukraine, art. 3208, No. 97, p. 30.

customs control violation of customs rules interaction state border guard customs border control

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