Federal law on the basics of regulation of foreign trade activities. State regulation of foreign trade activities

Introduction

1. State regulation foreign trade activities: import regulation methods, regulatory authorities.

2. Use of measures of tariff regulation of imports in Russia

3. Measures of non-tariff regulation of imports in Russia

4. Problems and ways to improve the import regulation system in Russia

Conclusion

List of sources used

Introduction

The development of foreign economic activity plays a special role in modern conditions, when the process of integrating the economy into the world economy is taking place. Russia is pursuing a policy of consistent development of mutually beneficial trade with all foreign countries who are willing to do so.

Russia has export-import relations with more than 100 countries of the world. Today it is impossible to imagine the activity of any large enterprise without its participation in foreign economic activity. The efficiency of any enterprise involved in the field of foreign economic activity directly depends on the efficiency of the foreign economic relations department.

World experience shows that even in industrialized countries there is an objective need for state regulation of foreign economic activity. The state is called upon, first of all, to protect the interests of its producers, take measures to increase exports, attract foreign investment, balance the balance of payments, regulate foreign exchange, and, most importantly, adopt legislative acts establishing the rules for the implementation of foreign economic activity and control their strict observance. . International experience of state regulation of foreign economic activity is currently used in Russia. Russia today is a major and interested participant in international trade. In 2012, Russia accounted for 2.6% of world exports of goods and services (2.9% of world exports of goods). We are firmly entrenched in the top ten world exporters - in the export of goods, Russia occupies the 8th line, ahead of Italy and the UK. In the import of goods, our position is somewhat weaker: if we do not take into account re-exporters - Hong Kong and Singapore, then Russia will be in 14th place, importing as much as Austria and Sweden imported in 2012 combined. one

In January-July 2013, the volume of Russia's foreign trade (according to preliminary data) amounted to 477.1 billion dollars, including imports - 180.2 billion dollars. Compared to the same period in 2012, the value of exports from calculation at current prices decreased by - 2.3%, imports - increased by 2.5%. The positive balance of foreign trade operations amounted to 116.7 billion dollars.

In the structure of Russian imports of goods, 50% falls on machinery, equipment and vehicles. About 40% of all imports are consumer products. That is, the Russian domestic market is effectively working as one of the drivers of the post-crisis recovery of the global economy. one

The purpose of the course work is to study the features of the import regulation system in Russia, its development prospects in the context of Russia's membership in the World Trade Organization (hereinafter referred to as the WTO).

To achieve this goal, the following tasks were set:

    To study the principles of state regulation of foreign trade activity, to get acquainted with the regulatory bodies in this area in accordance with the current legislation.

    Consider the classification of import regulation methods.

    Familiarize yourself with the main instruments of tariff and non-tariff regulation, as well as provide data on their application within Russia and Customs Union(hereinafter TS).

    Make a conclusion, touching on the issues on the topic under study.

When writing this work, periodicals of the Russian Foreign Economic Bulletin, official websites of state bodies (Federal Customs Service, Ministry of Economic Development) were used.

1. State regulation of foreign trade activities: methods of import regulation, regulatory authorities

Import is part of foreign trade activity, which in turn is an integral part of international economic activity. International economic relations are built by states, taking into account both their own interests and the interests of other countries and third parties. Therefore, the regulation of international relations in any area, including the economy, and in particular in the field of international trade, is an important function of the state.

State regulation of foreign trade activities in the Russian Federation is carried out in order to ensure favorable conditions for this type of activity, as well as to protect the economic and political interests of Russia.

The main regulatory document that defines the foundations of state regulation of foreign trade activities - and, in particular, import operations - is the Federal Law of December 8, 2003 N 164-FZ "On the Fundamentals of State Regulation of Foreign Trade Activities" (hereinafter - Law N 164-FZ). 1 This law defines the main objectives of the foreign trade policy of the Russian Federation, its principles, as well as the instruments of state regulation of this sphere, subdividing the latter into instruments of customs-tariff and non-tariff regulation. The former include import and export customs duties, the latter include quotas, licenses, the exclusive right to export (import), monitor export (import) certain types goods, as well as special protective, anti-dumping and countervailing measures. As the goals of the foreign trade policy of the Russian Federation, the law highlights the “creation

favorable conditions for Russian exporters, importers, producers and consumers of goods and services”. The principles of state regulation are as follows:

1) protection by the state of the rights and legitimate interests of participants in foreign trade activities, as well as the rights and legitimate interests of Russian producers and consumers of goods and services;

2) equality and non-discrimination of participants in foreign trade activities, unless otherwise provided by federal law;

3) the unity of the customs territory of the Russian Federation;

4) reciprocity in relation to another state (group of states);

5) ensuring the fulfillment of the obligations of the Russian Federation under international treaties of the Russian Federation and the exercise of the rights of the Russian Federation arising from these treaties;

6) the choice of measures of state regulation of foreign trade activities that are no more burdensome for participants in foreign trade activities than necessary to ensure the effective achievement of the goals for the implementation of which it is supposed to apply measures of state regulation of foreign trade activities;

7) publicity in the development, adoption and application of measures of state regulation of foreign trade activities;

8) the validity and objectivity of the application of measures of state regulation of foreign trade activities;

9) exclusion of unjustified interference by the state or its bodies in foreign trade activities and causing damage to participants in foreign trade activities and the economy of the Russian Federation;

10) ensuring the defense of the country and the security of the state;

11) ensuring the right to appeal in court or in another procedure established by law against illegal actions (inaction) of state bodies and their officials, as well as the right to challenge regulatory legal acts of the Russian Federation that infringe on the right of a participant in foreign trade activities to carry out foreign trade activities;

12) unity of the system of state regulation of foreign trade activities;

13) unity of application of methods of state regulation of foreign trade activities throughout the territory of the Russian Federation. one

According to the current legislation of the Russian Federation, foreign trade activity is an activity for the implementation of transactions in the field of foreign trade in goods, services, information and intellectual property. one

The main objectives of the foreign trade policy of any state are:

Preservation of the country's economic and political independence, - maintaining military superiority, - ensuring economic growth, - optimal inclusion of the country in the international division of labor, - protection Russian manufacturers from the adverse effects of foreign competition, - maintaining the equilibrium of the country's balance of payments through

regulation of the import of goods,

Meeting the needs of the domestic market in the event

a critical shortage of agricultural or other goods

by regulating the export of such goods. 2

The President of the Russian Federation, the Government of the Russian Federation and the Ministry of Economic Development, the Ministry of Industry and Trade deal with the regulation of foreign trade relations of the Russian Federation. In addition, the Federal Customs Service (accountable to the Ministry of Economic Development), the Federal Tax Service and the Federal Financial Monitoring Service (part of the Ministry of Finance), the Central Bank of the Russian Federation are directly related to the regulation of Russia's foreign trade.

Within the structure of the Ministry of Industry and Trade there is the Department of State Regulation of Foreign Trade Activities, whose main tasks are: 1) preparation of proposals for the development of state policy in the field of state regulation of foreign trade activities, with the exception of issues of customs and tariff regulation and issues related to the accession of the Russian Federation to the World Trade Organization; 2) preparation of draft normative legal acts regulating the issues of state regulation of foreign trade activities, with the exception of issues of customs and tariff regulation and issues related to the accession of the Russian Federation to the World Trade Organization. one

Having studied the legislation in the field of state regulation of foreign trade activities, the following groups of methods of state regulation can be distinguished:

1. Protectionist and liberal (depending on the direction of action). Protectionist measures are aimed at protecting the domestic market from foreign competition. Liberalization measures are aimed at removing and reducing restrictions on foreign trade, which leads to increased competition from foreign companies. The application of these measures is carried out in accordance with the chosen course of the foreign trade policy of the state. The so-called mixed version of foreign trade policy is usually applied.

2. Economic and administrative (depending on the nature of the impact).

Administrative measures are measures of direct restriction of exports or imports. The administrative method of regulation of foreign economic activity is a system of organizational, legal and special measures to restrict, prohibit, control imports or exports. Administrative methods of foreign trade regulation include quotas, licensing, embargoes, currency control,

administrative barriers.

Economic measures act through economic interests. They are associated with the use of cost categories - loans, taxes, customs duties. When using the economic method, the final right to choose an imported or national product remains with the consumer. The economic methods of regulating the foreign trade sphere include insurance of export credits, tax incentives for participants in foreign economic activity, reduction of indirect taxation, provision of state guarantees for export / import credits.

3. Tariff and non-tariff (depending on the types of methods and regulatory instruments used). Tariff methods involve the use of customs tariffs as a tool for regulating foreign economic activity. Non-tariff methods of regulation include, in addition to the above administrative barriers, also import deposits and taxes on export-import operations.

The boundaries of state regulation of foreign economic activity are determined, on the one hand, by the need to expand national exports and deepen the country's involvement in the international division of labor, on the other hand, by the need to protect the national economy and the domestic market from adverse external influences, to prevent a threat to national security, and to protect national economic interests. one

A more detailed classification of the methods of state regulation of foreign economic activity is given by V.V. Pokrovskaya, highlighting tariff and para-tariff (non-tariff) methods of state regulation of foreign economic activity, while administrative and economic measures are combined into non-tariff ones. 2 (Appendix A)

Let's take a closer look at some of the controls:

tariff methods. Import tariff regulates the economic climate in the country (prices, profits, profitability of enterprises, the state of the national currency). The import tariff is based on the Law on Customs Tariff.

Non-tariff (para-tariff methods). These include other, in addition to customs duties, payments levied on the importation of foreign goods; various customs fees, internal taxes, special purpose fees. These measures do not officially aim to regulate foreign trade, but sometimes have a significant impact on it.

financial measures. To regulate foreign trade, rules for the performance of foreign exchange transactions may be introduced.

Price controls. These measures are aimed at protecting the national interests of producers. To protect some vulnerable sectors of the economy, anti-dumping measures, countervailing measures, etc. may be applied.

quantitative control. Quantitative restrictions (quotas) are established for the import and export of goods.

Licensing. For the importation of certain goods, it is required to obtain established document. In this way, the trade in these goods is monitored.

Monopolization. The state establishes its monopoly on trade in certain goods in general or on foreign trade in them.

technical barriers. Include import controls for compliance with national safety standards. one

The process of globalization of the world economy, accompanied by scientific and technological progress, has a huge impact on the activities of all economic entities. In particular, overall productivity increases, the quality of services provided increases, and the use of natural resources. Changes in these indicators have a significant impact on the economy of each country participating in the processes. However, at the same time, each subject is forced to accept new requirements imposed by the world system. In the current situation, it is necessary to periodically rethink the goals, objectives and ways to achieve them within the framework of the state's influence on foreign economic activity countries.

The main tasks of the global market system

Solutions of the tasks described above are especially relevant for the subjects of the global trade structure, whose domestic economy is undergoing processes of cardinal changes. Under these conditions, the socio-economic situation within countries has a significant impact on the formation of foreign economic trade. The main goals and objectives, ways and methods of their achievement are discussed. This situation has developed in the Russian Federation. Thus, there is a constant search for theoretical and practical measures, under the influence of which is the foreign trade activity of Russia. The purpose of the events is to achieve positive dynamics in the development of the country's economy.

Regulation of foreign trade activities at the legislative level

The movement of all goods across the borders of the Russian Federation occurs through checkpoints. Their work is controlled by the Customs Code. This set of norms, in turn, establishes special regimes, streamlines the processes of registration and control. Violation of the rules prescribed in the Code entails various. This is also reflected in the document. The Customs Code includes a list of all definitions used in the RF pass system. These include, for example, such as "the country of origin of the goods", "payments used in the design of products" and a number of others. The federal law, which explains the foundations of state regulation of foreign trade activities, includes basic formulations of areas of activity and development, streamlines organizational provisions. In addition, it forms the main principles of activity in the world market. Thus, customs regulation of foreign trade activities is carried out. At the same time, the participants, in accordance with the law, are divided into several groups. These include:

  • The main subjects of foreign economic relations. These are firms various kinds property, which carry out foreign trade activities.
  • Federal government organizations and enterprises.
  • Members of the international wholesale trade.

All legal entities and individual entrepreneurs involved in market relations registered with customs authorities. However, this procedure is voluntary.

Control methods

There are a number of techniques that the government of the Russian Federation uses in exercising control over participants in foreign trade activities. These include:

  • Restrictions and prohibitions.
  • Methods of regulation related and not related to customs tariffs.
  • Restraining (stimulating) measures in the field of economy at the state level.

State regulation of foreign trade activities

A properly built organization of government control is a key factor in the effectiveness of economic development. The bodies that supervise foreign trade activities are formed on the basis of the historical development of the country, its geographical location and general opportunities. For example, in the USSR there was a state system of centralized monopoly. It provided general control and leadership in the area. Later, during the transition to a monopoly structure, it was eliminated. At the same time, the ministries and departments of the regions participating in international trade received a number of rights.

Modern control system in the Russian Federation

The current system for regulating foreign trade activities was finally formed in 2005. This structure divided into three levels.

  1. Federal. At this level, decisions are made by state power.
  2. Regional. Here, decision-making is carried out by the authorities in the subjects of the country.
  3. Local. At this level, foreign trade activities are controlled by local authorities.

By decision of the government, specialized institutions were created executive power responsible for managing external economic activity. These bodies include: the Ministry of Economic Development of the Russian Federation, the Ministry of Trade and its subordinate Federal Service customs and the Federal Agency for the Control of Special Economic Territories.

Tariff and non-tariff methods of control

  1. Imposing import duties on imports. This method aims to take advantage domestic manufacturer and the state, which have additional income. Consumers, on the contrary, are forced to buy goods at inflated prices, as a result of which they incur losses.
  2. Introduction of export duties. Consumers receive additional advantage in the form of lower prices in the domestic market, producers suffer losses, the state receives

To maintain their own producers and increase exports, a number of countries are taking the following actions:

  • provided tax incentives export firms;
  • issuance of low-interest loans and loans for the export of products;
  • contracts are concluded at the state level aimed at selling goods in foreign countries.

Foreign trade activities are also controlled by non-tariff methods. These include:



open economy

This term should be understood as the process of trading with other participants in the world market with the introduction of a minimum number of import and export restrictions. This type of economy is characterized high levels the following indicators:

  • levels of exports and imports in total production;
  • a large amount of foreign investment in relation to domestic;
  • the presence of a foreign trade quota (GNP).

International market as a form of relationship

AT modern world trade between different countries considered as the main type of interaction. A huge number of scientific works are devoted to the problems of the external market, the essence of which is to find the most effective ways for the development and stable functioning of the global economic system. Not to be ignored is its impact on social development society. However, despite the globalization of the market, the main regulators of trade relations are the subjects of the world market. They are based on their country, depending on which the process of interaction with other subjects takes place. It is expressed in the formation of alliances, the creation of certain agreements at the state level.

In order to protect economic sovereignty, ensure economic security Russia, stimulating the development of the national economy in the implementation of foreign trade activities and providing conditions for the effective integration of the Russian economy into world economy the state exercises control over foreign trade activities.
Foreign trade is entrepreneurial activity in the field of international exchange of goods, works, services, information, results of intellectual activity, including exclusive rights to them (intellectual property).
State regulation of foreign trade is carried out through:
- customs and tariff regulation;
- non-tariff regulation;
- prohibitions and restrictions on foreign trade in services and intellectual property;
- measures of an economic and administrative nature, contributing to the development of foreign trade activities.
At the same time, other methods of state regulation of foreign trade activities are not allowed through interference and the establishment of various restrictions by state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation.
Customs-tariff regulation of foreign trade activity consists in the introduction of export and import customs duties. By regulating the amount of these duties, the state thereby influences the import and export of goods in the economic interests of the state. Unwanted goods are subject to high customs duties. On the contrary, goods needed by the economy are subject to a favorable customs tariff regime. Non-tariff regulation - a method of state regulation of foreign trade in goods, carried out by introducing quantitative restrictions and other prohibitions and restrictions of an economic nature.
Import and export of goods are carried out without quantitative restrictions, with the exception of a number of cases. Government Russian Federation in exceptional cases, may establish temporary restrictions or prohibitions on the export of goods in order to prevent or reduce a critical shortage in the domestic market of food or other essential goods; restrictions on the import of agricultural goods or aquatic biological resources, if it is necessary to reduce production or sale, remove from the market a temporary surplus of goods of Russian origin. Non-tariff regulation also includes quotas (setting export and import limits), licensing (issuing permits). The distribution of quotas and the issuance of licenses when establishing quantitative restrictions are carried out, as a rule, by holding a tender or auction.
Licensing in the field of foreign trade is established in the following cases:
1) the introduction of temporary quantitative restrictions on the export or import of certain types of goods;
2) implementation of the licensing procedure for the export and (or) import of certain types of goods that may have an adverse effect on the security of the state, the life or health of citizens, the property of individuals or legal entities, state or municipal property, environment, life or health of animals and plants;
3) granting the exclusive right to export and (or) import certain types of goods;
4) fulfillment by the Russian Federation of international obligations.
To protect the economic interests of Russian producers of goods, special protective, anti-dumping and countervailing measures may be introduced when importing goods.
Special protective measures - measures to limit increased imports by customs territory Russian Federation, which are provided through the introduction of an import quota or a special duty. They may be applied to a product if the import of the product into the customs territory is carried out in such increased quantities and under such conditions that it causes serious damage or threatens to cause serious damage to the industry. Russian economy.
Anti-dumping measures - measures to counteract dumping imports, which are applied by decision of the Government of the Russian Federation through the introduction of an anti-dumping duty. An anti-dumping measure may be applied to a product that is the subject of a dumping import, if the import of such a product poses a threat of causing or causes material damage to a sector of the Russian economy. At the same time, a product is subject to dumping imports if the export price of this product is lower than the comparable price of a similar product that develops during the normal course of trade in a similar product on the market. foreign country from which the product is exported.
Compensatory measures - measures to neutralize the impact of a specific subsidy of a foreign state on the sector of the Russian economy, applied through the introduction of a countervailing duty. A compensatory measure may be applied to imported goods, in the production, export or transportation of which a specific subsidy of a foreign state was used, if the import of such goods creates a threat of causing or causes material damage to a sector of the Russian economy.
In order to protect the external financial position and maintain the equilibrium of the balance of payments, the government of the Russian Federation may decide to introduce measures to restrict foreign trade in goods, services and intellectual property. In exceptional cases, the Russian Federation may prohibit the export of certain types of goods to the territory of the Russian Federation. Goods imported into the territory of the Russian Federation must comply with the technical, pharmacological, sanitary, veterinary, phytosanitary and environmental standards and requirements established in the Russian Federation. The import of environmentally hazardous products is subject to special control in the manner determined by federal laws and other legal acts RF. It is prohibited to import into the territory of the Russian Federation goods that:
- do not meet the standards and requirements established in the Russian Federation;
- do not have a certificate, marking or mark of conformity in cases stipulated by federal laws and other legal acts of the Russian Federation;
- prohibited for use as hazardous consumer goods;
- have defects that pose a danger to consumers.
These goods must be taken back or destroyed on the basis of an act drawn up by independent experts of the Chamber of Commerce and Industry of the Russian Federation. In addition to these circumstances, the Russian Federation may restrict both exports and imports due to participation in international sanctions against a number of states.
Export control applies to weapons, military equipment and dual-use goods, as well as compliance with the international obligations of the Russian Federation on the non-proliferation of weapons of mass destruction and other most dangerous types of weapons and technologies for their creation.
The list of weapons, military equipment, certain types of raw materials, materials, equipment, technologies, scientific and technical information and services subject to export control that are used or can be used in the creation of weapons of mass destruction, missile delivery vehicles and other most dangerous types of weapons, is determined by lists and lists established by decrees of the President of the Russian Federation on the proposal of the government of the country.
A state monopoly may be introduced on the export of certain types of goods of particular importance to the state. The state is interested in the development of foreign trade activities. To this end, the government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation, within their competence, take measures, including the necessary funding, that promote the development of foreign trade, including ensuring:
- lending to participants in foreign trade activities;
- functioning of systems of guarantees and insurance of export credits;
- organization of trade exhibitions and fairs, specialized symposiums, conferences and participation in them;
- conducting campaigns (including advertising) to promote Russian goods, services, intellectual property to world markets.

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