Traders should be well aware regulatory framework and rules of conduct commercial activities in foreign markets established in our country and abroad, and constantly monitor the ongoing changes in this area.
The regulatory framework for foreign economic activity includes Russian legislative and other legal acts, international bilateral and multilateral agreements of the Russian Federation on trade and economic issues. Operating in Russia regulations are obligatory for application by all participants of foreign economic activity.
The generally recognized principles and norms of international law and international treaties of the Russian Federation are integral part the legal system of the Russian Federation (Article 7 of the Civil Code of the Russian Federation, the Federal Law "On International Treaties of the Russian Federation"). Rules established by an international treaty take precedence over national ones. legislative norms.
The provisions of many international acts have variously binding legal force for Russian business entities, namely:
(1) quite mandatory for use, considered regulatory requirements;
(2) having not a mandatory, but a recommendatory character, i.e. applied optionally, but some of them may be strongly recommended for use;
(3) containing both imperative rules providing for their obligatory observance, and dispositive rules that do not restrict the rights of the parties concerned to act by mutual agreement and are applied in resolving unresolved issues.
In addition, the established national or international trade customs and business practices (uzans) play an important role in world trade practice. Trade customs are understood as established and well-established uniform rules, sufficiently known, universally recognized and constantly observed in the relevant areas of trade, reasonable and defined in content. Trade habits are recorded in the materials of UN organizations, special collections of chambers of commerce, rules of large exchanges, standard contracts, decisions of arbitration courts on various issues. These trade usages can be seriously taken into account in the arbitration of disputes between the parties to a foreign trade contract.
To date, a fairly extensive legal framework for foreign economic activity has developed in Russia, and it is constantly being replenished and improved. At the beginning of this decade, a large package of new laws was adopted and many of the old ones were adjusted to take into account WTO rules. Important draft laws often require long time. Identified gaps in the legislation can be filled by decrees of the President, which have the force of legislative acts.
In modern Russian legislation, two groups of laws can be distinguished that regulate various aspects of foreign economic activity: (1) special laws on foreign economic activity and (2) laws more general related to foreign economic activity in one way or another.
Of the federal laws devoted specifically (mainly or to a large extent) to foreign economic activity, we note the following: the Customs Code of the Russian Federation, Laws "On the Fundamentals of State Regulation foreign trade activities", "On measures to protect the economic interests of the Russian Federation in the implementation of foreign trade in goods", "On special protective, anti-dumping and countervailing measures when importing goods", "On the customs tariff", "On foreign exchange regulation and foreign exchange control", "On export control", "On military-technical cooperation of the Russian Federation with foreign states", "On foreign investments in the Russian Federation", "On special economic zones in the Russian Federation", "On the accession of the Russian Federation to the UNIDROIT Convention on international financial leasing", "On the export of gas", "On the export and import of cultural property", "On participation in international information exchange", "On state control for the implementation of international road transport and on liability for violating the procedure for their execution", "On international commercial arbitration", "On the coordination of international and foreign economic relations of the constituent entities of the Russian Federation", etc.
Another group of laws is more extensive, which contain norms regulating certain aspects of foreign economic activity in conjunction with more general economic, financial, social, transport, information, general civil and other issues. Many of them are listed in the Appendix. When studying these laws, it is important to pay attention to the provisions relating to certain aspects of foreign economic activity.
Let us refer once again to the Civil Code of the Russian Federation, which contains many chapters relating to both domestic and foreign economic issues, in particular:
- Ch. 9 "Transactions (concept, types and form of transactions, their invalidity)";
- Ch. 21 - 26: "The concept and parties of an obligation", "Fulfillment of obligations", "Securing the fulfillment of obligations", "Change of persons in an obligation", "Responsibility for breach of obligations", "Termination of obligations";
- Ch. 27 - 29: "Concept and terms of the contract", "Conclusion of the contract", "Change and termination of the contract";
- Ch. 30 - 31: "Purchase and sale", "Mena";
- Ch. 34 "Rental";
- Ch. 37 - 42: "Contract", "Performance of research, development and technological works", "Paid services", "Transportation", "Transport expedition", "Loan and credit";
- Ch. 46 - 49: "Settlements", "Storage", "Insurance", "Order";
- Ch. 51 - 54: "Commission", "Agent", " Commercial concession".
For practical implementation adopted federal laws, many (thousands) by-laws are issued. First of all, these are resolutions and orders of the Government of the Russian Federation, as well as interdepartmental (issued jointly by several departments) and departmental instructions, rules, orders, instructions, instructions, regulations, letters and other regulatory documents, in particular, issued by the Ministry of Economic Development, the Federal Customs Service, the Bank of Russia on individual foreign trade issues.
A typical example of an interdepartmental normative act directly related to foreign economic activity is the Recommendations on the minimum requirements for mandatory details and the form of foreign trade contracts, approved on February 29, 1996 by the Ministry of Foreign Affairs in agreement with the State Customs Committee. These Recommendations were developed in pursuance of the Decree of the Government of the Russian Federation dated January 16, 1996. By a letter dated July 15, 1996, the Bank of Russia invited all authorized banks to take into account the provisions of the Recommendations when accepting contracts for settlement services and issuing transaction passports, as well as to recommend to clients of banks - participants in the VTD be guided by the Recommendations when concluding foreign trade transactions.

Note. Sub-legislative normative documents coming from different ministries and departments are not always interconnected and docked, sometimes contain conflicting guidelines, and most importantly, the mechanism for their implementation is not being satisfactorily worked out, which makes it very difficult to comply with them. The vulnerability of the sphere of law enforcement is also associated with insufficient control over the implementation of adopted legal provisions. Departmental regulatory documents become binding for all participants in foreign economic activity after appropriate approval by the Ministry of Justice of the Russian Federation. In practice, there were cases when the Ministry of Justice refused to register some orders of the former State Customs Committee for reasons of their inconsistency with the Constitution of the Russian Federation or federal laws, after which such orders were canceled.

Along with federal regulations, many constituent entities of the Russian Federation have adopted laws and resolutions of regional authorities on foreign economic activity.
At the federal level, the following types of treaties and agreements are concluded with foreign states (depending on the degree of their significance): interstate, intergovernmental and interdepartmental.
The most important of them are interstate treaties (agreements) signed on behalf of our country by the President of the Russian Federation and subject to ratification by the Federal Assembly of the Russian Federation. Intergovernmental agreements on the Russian side are signed by the Chairman of the Government, his deputies (in accordance with their competence), as well as by the Government's authorization - by responsible employees of the relevant ministries and other executive authorities. The terms of contracts (agreements) of this kind must be fulfilled by all legal entities and individuals on the territory of Russia. As for interdepartmental agreements, they become generally binding after appropriate approval (approval) by the highest authorities state power RF.
The subjects of the Russian Federation also conclude international treaties in accordance with their legal rights. On issues that are not within the competence of state bodies, international agreements may be concluded public organizations. Thus, the Chamber of Commerce and Industry of Russia has signed many agreements with chambers of commerce, commerce and industry, economic chambers of foreign countries and mixed Russian-foreign chambers.
International treaties and agreements regulating trade and economic relations between Russia and foreign countries, can have various titles: contracts (agreements) on trade, economic, industrial, scientific and technical cooperation, on trade and navigation, on trade and payments, on general conditions for the supply of goods, etc.
Over the past decade and a half, Russia has concluded more than 200 new agreements with many foreign countries on trade, investment, entrepreneurial activity, energy, Agriculture, science and technology, standardization, metrology and certification, defense industry conversion, cooperation in space exploration, environmental protection, nuclear safety, regional cooperation.
In modern trade and economic agreements, the provisions on the mutual application of the most favored nation (MFN) and the prevention of discriminatory conditions in trade, taxation, settlement of trade and non-trade payments (including clearing agreements), the use of quantitative, technical, sanitary, environmental and other requirements in mutual trade, the use of unified commercial terminology, coding, etc.

Note. Note importance Trade Agreement with the United States, concluded in June 1992, according to which the mutual provision of MFN was established. In September 1994, the Joint Statement of the Presidents of the Russian Federation and the United States "On the principles and goals of developing trade, economic and investment cooperation between the Russian Federation and the United States of America" ​​was signed, which for the first time outlined the main directions of bilateral trade and economic cooperation. On principle new basis a multifaceted Partnership and Cooperation Agreement (PCA) with the EU, which has been in force since 1997, was concluded. It determined the regime of mutual trade in goods and services, the movement of capital, labor, and business conditions. In anticipation of the expiration of the PCA, a new Agreement was prepared for signing with the EU at the end of 2006, which is given pan-European strategic importance.

A significant part of multilateral international agreements, conventions and other international legal acts are developed by the UN and its member organizations: the UN Conference on Trade and Development - UNCTAD (UN Conference on Trade and Development, UNCTAD), the United Nations Industrial Development Organization - UNIDO (UN Industrial Development Organization, UNIDO), Food and Agriculture Organization - FAO (UN Food and Agriculture Organization, FAO), Educational, Scientific and Cultural Organization - UNESCO (UN Educational, Scientific and Cultural Organization, UNESCO), World Organization intellectual property- WIPO (World Intellectual Property Organization, WIPO), International Maritime Organization - IMO (International Maritime Organization, IMO), International Organization civil aviation- ICAO (International Civil Aviation Organization, ICAO), UN Economic and Social Council - ECOSOC (UN Economic and Social Council, ECOSOC), UN Commission on International Trade Law - UNCITRAL, Economic Commission UN for Europe - UNECE (UN Economic Commission for Europe, UN / ECE), Economic and Social Commission for Asia and Pacific Ocean- ESCAP (Economic and Social Commission for Asia and Pacific Ocean, ESCAPO), UN Center for Facilitation of Procedures and Practices for Administration, Commerce and Transport, UN/CEFACT, International Monetary Fund - IMF (International Monetary Fund, IMF), International Bank for Reconstruction and Development - IBRD (International Bank for Reconstruction and Development, IBRD), Multilateral Investment Guarantee Agency - MIGA, United Nations Development Program - UNDP, United Nations Environmental Protection Program - UNEP and others.
Many international agreements have been signed within the framework of the World Trade Organization - WTO (World Trade Organization, WTO), World Customs Organization - WCO (World Customs Organization, WCO), International Organization for Standardization - ISO (International Organization for Standardization, ISO), Economic Cooperation Organization and development - OECD (Organization for Economic Cooperation and Development, OECD) and others international organizations.
One of the binding international acts in the field of foreign trade is the previously mentioned Vienna Convention. Approximately 2/3 of all international trade transactions are carried out on the basis of this document. Although this Convention gives preference to dispositive norms, its provisions are mandatory for the interpretation of the terms of foreign trade transactions concluded by Russian participants in foreign economic activity.
It is necessary to take into account the provisions of a number of other international conventions and agreements, for example, the UN Convention on Representation in the International Sale of Goods, 1983, the Ottawa UNIDROIT Convention on International Financial Leasing, 1988, the Paris Convention for the Protection of Industrial Property, 1883 (amended in 1979 d.), the Berne Convention for the Protection of Literary and works of art 1979, Geneva Treaty on the Law of Trademarks 1994, WIPO Copyright Treaty 1996, etc.
The UNECE made a significant contribution to the development of many recommendations for the implementation of international trade transactions. Under its auspices since the middle of the XX century. work was actively carried out on the international unification of foreign trade documents. The initial scheme of the form of a unified foreign trade document, recommendations for its use, and dozens of options for standard (standard) contract terms and general terms of sale for many goods were developed. Among them, the most famous are the following general terms and Conditions":
- export supplies of machinery and equipment;
- installation of machinery and equipment abroad;
- sales of consumer durables;
- sales of mass-produced metal products;
- sales of lumber conifers;
- sales of logs and lumber of hardwoods of the temperate zone;
- sales of grain;
- sales of potatoes;
- sales of fresh fruits and vegetables, including citrus fruits;
- sales of dried fruits (peeled or unpeeled), etc.
Standard contract terms are also developed by various industry associations, major exporters and importers.
The EEC has also developed Guidelines on international countertrade agreements, drafting international contracts for large industrial facilities, industrial cooperation, services for the operation and repair of industrial and other enterprises, engineering and consulting services, transfer of know-how in the field of mechanical engineering, rules of international commercial arbitration and others
At the regional level, many agreements have been concluded with the EU, within the CIS.

Note. In the second half of the XX century. in trade relations with our main partners - the former CMEA member countries, as well as with the PRC, the DPRK, Yugoslavia and Finland, the General Conditions for the Delivery of Goods (GTC) were applied. Within the framework of the CMEA, the General Conditions for Installation (OUM), the General Conditions for Maintenance (OGTO), the General Conditions for the Specialization and Cooperation of Production (OUSK), General principles provision of spare parts. At the same time, the GMOs with the CMEA countries, the People's Republic of China and the DPRK were mandatory, and with Yugoslavia and Finland they were optional.
During the liquidation of the CMEA, it was decided to keep the OUP CMEA (1968/1988) in force for several decades as a document recommended for use in trade between the countries that were part of this economic union. PMO with the DPRK (1981) and the PRC (1990), prisoners former USSR, retain their effect as normative (mandatory) bilateral documents. The OUP CMEA - Finland (1978) and the OUP between the organizations of the USSR and the SFRY (1977) continue to operate as optional documents, but if their provisions are incorporated into the contract by agreement of the parties, they become an integral part of the contract with all the ensuing consequences.

Among the many agreements of the CIS countries on issues of economic cooperation, we note the Agreement on General Conditions for the Supply of Goods between Organizations of the CIS Member States dated March 20, 1992, focused on the supply of goods for state needs under interstate agreements. Recently, there have been proposals to develop more comprehensive PMOs between organizations of the CIS countries, similar to PMOs with Finland and China.
ICC has developed and is constantly improving Incoterms - international rules application and interpretation of trade terms (International commercial terms), last edition 2000, ICC Publication N 560, Uniform Customs and Practice for Documentary Credits - UOP (Uniform Customs and Practice for Documentary Credits), ICC Publication N 600, Uniform Rules for Collections (URC), ed. 1995, ICC Publication N 522, and also published the Unifonn Rules for Demand Guarantee - Publication N 458, Force Majeure and Hardship Recommendations - Publication N 421, Model Commercial Model Commercial Agency Contract - Publication No. 496, Model Distributorship Contract - Publication No. 518, Guide for Drawing up of Contracts Commercial Agency - Publication No. 410, Drafting Guide Guide to Drawing International Distributorship Agreements - Publication No. 441, Guide to Documentary Credit Operations - Publication No. 515E, Uniform Rules for Bank-to- Bank Reimbursements under Documentary C redits) - publication N 525, etc.
The Manual for Documentary Credits contains unified forms many documents recommended for use in international trade: application for a letter of credit, irrevocable documentary letter of credit (confirmed and unconfirmed), notification (advice) on the opening of a letter of credit, request for the transfer of a letter of credit, commercial invoice, draft (bills of exchange), certificate of origin, insurance certificate , inspection certificate, bills of lading different types, air transport document (air waybill), waybill, railway waybill, multimodal transport document (for transportation in mixed traffic), transport document issued by the forwarder.
Most ICC publications are advisory in nature. But some of them, such as the Uniform Customs and Practice for Documentary Letters of Credit adopted by the Bank of Russia, are mandatory for all Russian participants in the VTD and authorized commercial banks. ICC recommendations help merchants different countries competently and in the most advantageous way to formulate the mutual rights and obligations of the parties in foreign trade contracts and correctly draw up various foreign trade documents.

MAIN FEDERAL REGULATIONS GOVERNING FOREIGN ECONOMIC ACTIVITIES:

1. “On the Fundamentals of State Regulation of Foreign Trade Activities” Federal Law No. 164-FZ of December 8, 2003 Defines the fundamentals of state regulation of foreign trade activities, the powers of the Russian Federation and the constituent entities of the Russian Federation in the field of foreign trade activities in order to ensure favorable conditions for foreign trade activities, as well as the protection of the economic and political interests of the Russian Federation.

2. "Customs Code of the Customs Union" (annex to the Agreement on the Customs Code of the Customs Union, decision Interstate Council of the EurAsEC at the level of heads of state of November 27, 2009 N 17)

Regulates relations regarding the movement of goods across the customs border of the Customs Union. Replaced the customs codes of the countries participating in the Customs Union.

3. “Tax Code of the Russian Federation (Part One)” dated 07/31/1998 N 146-FZ (as amended on 04/06/2015), “Tax Code of the Russian Federation (Part Two)” dated 08/05/2000 N 117-FZ (as amended. from 05.05.2014).

Regulates the elimination of double taxation in relation to individuals (Art. 232) and organizations (Art. 311), tax rates (Art. 284), features of taxation of foreign organizations (Art. 306-309), determines the procedure for refunding export VAT (Art. 165, paragraph 3 of article 172 of the Tax Code of the Russian Federation).

4. "Code of the Russian Federation on administrative offenses» dated December 30, 2001 N 195-FZ

Establishes administrative responsibility for violations in the field of the currency legislation of the Russian Federation and acts of currency regulation bodies (Art. 15.25), as well as for offenses in the field of customs (violation customs regulations) (Chapter 16).

5. "On currency regulation and currency control" Federal Law of December 10, 2003 N 173-FZ

Determines the principles for the implementation of foreign exchange transactions in the Russian Federation, the powers and functions of the bodies of foreign exchange regulation and foreign exchange control, the rights and obligations of legal and individuals in relation to the possession, use and disposal of currency values, liability for violation of currency legislation.

6. “On Customs Regulation in the Russian Federation” Federal Law No. 311-FZ of November 27, 2010

Establishes the features of customs regulation in the Russian Federation in accordance with the provisions of the customs legislation of the customs union and contains provisions reflecting the reference norms of the Customs Code of the customs union (hereinafter referred to as the Customs Code of the Customs Union), according to which the regulation of a number of legal relations, or the establishment additional conditions, requirements or features of regulatory legal regulation should be determined at the level of national legislation of the member states of the customs union.

7. "On special protective, anti-dumping and countervailing measures for the import of goods" Federal Law of 08.12.2003 N 165-FZ

The law is aimed at protecting the economic interests of Russian producers of goods in connection with increased imports, dumping imports or subsidized imports for customs territory Russian Federation. It establishes the procedure for the introduction and application of special protective, anti-dumping and countervailing measures for the import of goods.

8. "Oh technical regulation» Federal Law of December 27, 2002 N 184-FZ Regulates relations arising from: development, adoption, application and execution mandatory requirements to products or to related processes of design (including surveys), production, construction, installation, adjustment, operation, storage, transportation, sale and disposal.

9. "On Export Control" Federal Law of July 18, 1999 N 183-FZ

Establishes principles for the implementation of state policy, legal framework activities of state authorities of the Russian Federation in the field of export control, and also determines the rights, duties and responsibilities of participants in foreign economic activity.

10. “On Foreign Investments in the Russian Federation” Federal Law No. 160-FZ of July 9, 1999

It defines the main guarantees of the rights of foreign investors to investments and the income and profit received from them, the conditions for the entrepreneurial activity of foreign investors in Russia.

1 1. "On the customs tariff" Law of the Russian Federation of 05/21/1993 N 5003-1

Reveals the content of basic terms and definitions, such as customs duty. Establishes the right of the Government of the Russian Federation to set the rates of import and export customs duties, as well as the procedure for their calculation and calculation. With the entry into force of the Customs Code of the Customs Union, many provisions of the Customs Tariff Law have lost their force and are currently only of historical and analytical interest, but by no means of practical interest. At the same time, there are provisions in the Law that are not reflected in other regulatory legal acts of federal and union customs legislation (perhaps temporarily). For example, about special and temporary (seasonal) customs tariffs.

12. “On International Commercial Arbitration” Law of the Russian Federation of July 7, 1993 N 5338-I Establishes provisions on arbitration contained in international treaties of the Russian Federation, as well as in the model law adopted in 1985 by the UN Commission on International Trade Law, approved by the UN General Assembly for possible use by states in their legislation.

13. "On the coordination of international and foreign economic relations of the subjects of the Russian Federation" Federal Law of 04.01.1999 No. 4-FZ.

14. Decree of the President of the Russian Federation of 07.05.2012 N 605 "On measures to implement the foreign policy of the Russian Federation".

15. Decree of the President of the Russian Federation of August 19, 2015 N 424 "On the federal executive body authorized to carry out the functions provided for in paragraphs 1 and 2 of Article 4 of the Federal Law of January 4, 1999 N 4-FZ "On the coordination of international and foreign economic relations subjects of the Russian Federation".

16. Decree of the Government of the Russian Federation of 07.02.2003 N 79 "On approval of the Regulations on the preparation and signing of international intergovernmental acts that are not international treaties of the Russian Federation".

17. Decree of the Head of the Udmurt Republic of April 24, 2015 N 82 "On the Regulations on the international activities of the Head of the Udmurt Republic, the Government of the Udmurt Republic, the Administration of the Head and Government of the Udmurt Republic, executive bodies state power of the Udmurt Republic".

18. "On the concept of development of state financial (guarantee) support for the export of industrial products in the Russian Federation". (with amendments and additions) Decree of the Government of the Russian Federation dated October 14, 2003 No. 1493-r.

19. Decree of the Government of the Russian Federation of December 17, 2016 No. 1388 "On the provision of subsidies from the federal budget to manufacturers of high-tech products to compensate for part of the costs associated with the certification of products in foreign markets when implementing investment projects."

20. Decree of the Government of the Russian Federation of December 15, 2016 No. 1368 "On the provision of subsidies to Russian manufacturers to finance part of the costs associated with the registration of intellectual property objects on foreign markets"

21. On approval of the Plan for the implementation of subprograms of the state program of the Udmurt Republic "Creating conditions for sustainable economic development of the Udmurt Republic" for 2017"

Legislative base of foreign economic activity of Russia.

At present, a rather extensive legal framework for foreign economic activity has developed in Russia, and it is constantly being replenished and improved. At the beginning of this 10th anniversary, a large package of new laws was adopted and many of the old ones were adjusted to take into account WTO rules. It often takes a long time to develop important bills. In such cases, the identified gaps in the legislation can be filled by decrees of the President, which have the force of legislative acts.

In modern Russian legislation, two groups of laws can be distinguished that regulate the most important aspects of foreign economic activity: special laws on foreign economic activity and laws related to foreign economic activity.

Such federal laws include: the Labor Code of the Russian Federation, the laws “On the Fundamentals of State Regulation of Foreign Trade Activities”, “On Measures to Protect the Economic Interests of the Russian Federation in Foreign Trade in Goods”, “On Special Protective, Anti-Dumping and Countervailing Measures when Importing Goods”, “On customs tariff”, “On currency regulation and currency control”, “On export control”, “On military-technical cooperation with foreign states”, “On foreign investment in the Russian Federation”, “On special economic zones in the Russian Federation”, “On accession Russian Federation to the UNIDROIT Convention on International Financial Leasing”, “On Gas Export”, etc.

One of the first laws regulating foreign economic activity was the Federal Law. dated May 21, 1993 “On the customs tariff2 with subsequent amendments and additions. He determined the procedure for the formation and application of the customs tariff of the Russian Federation as an instrument of trade policy and state regulation of the domestic market of Russia in its relationship with the world market, as well as the rules for taxing goods various types duties when they are moved across the customs border of the Russian Federation.

Also, the law "On TT" fixes the principle of unity of duty rates of their types (ad valorem, specific, combined; seasonal, special, anti-dumping, compensatory), as well as the procedure and procedures for granting customs benefits, principles for determining the customs value of goods (6 methods), countries of origin goods, etc.

A wider range of foreign economic activity issues was reflected in the Federal Law No. 157-FZ of October 13, 1995 “On the state regulation of foreign trade”, which in 2003 was replaced by the Federal Law “On the fundamentals of state regulation of foreign trade”. Its adoption was due to the intensification of Russia's international relations, its intention to join the WTO. This law, on the one hand, provides a significant advancement of Russia on the path of liberalization of the BT regime, on the other hand, seeks to provide more active protection of the interests of Russian manufacturers.

In this law:

The legal characteristics of foreign trade activities are given and the goals and principles of its regulation by the state are determined;

A clear delineation of the competences of the federal center and subjects of the Russian Federation in the field of VTD was made and at the same time the need to coordinate their actions was fixed;

The main methods of regulating the VTD are outlined and listed federal authorities responsible for it;

The introduction of special regimes for the implementation of certain types of foreign trade activities is allowed: border zone, SEZ, foreign trade barter transactions;

It is envisaged to develop and implement programs to assist the VTD, in particular, its information and statistical support:

Measures aimed at ensuring favorable conditions for the access of Russian persons to foreign markets have been fixed and protection of the economic interests of the Russian Federation and Russian persons in the field of foreign trade is envisaged;

The responsibility of persons guilty of violating the legislation of the Russian Federation in the VTD has been established.

Compared to the previous Federal Law “On the State Regulation of VTD,” the new law sets out the principles of state regulation of the VTD in more detail, and the protection of the interests of participants in the VTD is put in the first place.

In the development of this Federal Law, the Federal Law "On measures to protect the interests of the Russian Federation in the implementation of military equipment with goods" was adopted.

The key concepts in this law are the concepts of “significant damage to the industry Russian economy(or its threat)" and "substantial damage from the import of the goods".

Significant damage to a branch of the Russian economy is understood in the law as a significant general deterioration in the position of a branch of the Russian economy, confirmed by evidence, which arose as a result of increased imports into the customs territory of the Russian Federation of a similar or directly competing product, or dumped imports of such goods, or goods subsidized by a foreign state 9union of foreign states) . The application of measures to protect the economic interests of the Russian Federation can be based only on the results of an appropriate investigation.

A separate chapter contains anti-dumping measures, the use of which is allowed both in relation to the goods themselves, imported at dumping prices, and to manufacturers (exporters) of this goods, taking into account the practice of applying anti-dumping measures in trade relations with a given foreign state or an alliance of foreign states.

07/18/1999 Federal Law No. 183 "On Export Control" was adopted. Export control is introduced in order to protect the interests of the Russian Federation, to implement the requirements of international treaties of the Russian Federation in the field of non-proliferation of weapons of mass destruction, their means of delivery, to control the export of military and dual-use products, as well as to create conditions for the integration of the Russian economy into the world economy. This law defines the principles and methods for exercising export control, the procedure for approving lists (lists) of controlled goods, sets out legal issues export control.

Thus, in the 90s. 20th century In Russia, a number of laws were adopted that made it possible to create a regulatory framework for the implementation of foreign economic activity and foreign trade activities.

On July 6, 2010, the Customs Code of the Customs Union came into force - codified legal act regulating relations regarding the movement of goods across the customs border of the Customs Union. Replaced the customs codes of the countries participating in the Customs Union.

However, the process of improving the RE legislation continues due to the integration of the Russian Federation into world economy and changes in the global economy.

The legislative and regulatory framework for the regulation of foreign economic activity is formed by a number of federal laws, decrees of the President of the Russian Federation and regulations of ministries and departments whose competence includes issues of regulating foreign economic activity.

One of the first laws regulating this area was Federal Law No. 5003-1 of May 21, 1993 “On the Customs Tariff” (with subsequent amendments and additions).

In this Federal Law, as in subsequent legislative acts of the Russian Federation, the priority of the norms of international law was established: if an international agreement to which the Russian Federation is a party establishes other norms than those contained in this Federal Law, then the norms of the international agreement shall apply.

The Federal Law "On the Customs Tariff" determined the procedure for the formation and application of the customs tariff of the Russian Federation as an instrument of trade policy and state regulation of the domestic market of goods of the Russian Federation in its relationship with the world market, as well as the rules for imposing various types of duties on goods when they are moved across the customs border of the Russian Federation. Federation.

The federal law establishes the principle of unity of duty rates, their types (ad valorem, charged as a percentage of the customs value of taxable goods; specific, charged in the established amount per unit of taxable goods; combined, combining both of these types of customs taxation; seasonal; special; anti-dumping; compensatory) , as well as the procedure and procedures for granting customs benefits.

A special section of the Federal Law sets out the principles for determining the customs value of goods, charging, paying and collecting duties. In the Russian Federation, the customs value of goods is calculated in six ways: 1) at the transaction price of imported goods; 2) at the transaction price with identical goods; 3) at the price of a transaction with similar goods; 4) based on cost subtraction; 5) based on the addition of value; 6) reserve. The main calculation method is based on the transaction price of imported goods. If for one reason or another it cannot be used, then each of the above methods is applied sequentially. In addition, each subsequent method must be used if the customs value cannot be determined on the basis of the previous method.

An important problem in the implementation of tariff and non-tariff regulatory measures is the determination of the country of origin of goods. The Federal Law "On the Customs Tariff" approved the relevant procedure and criteria.

In July 1993, the Customs Code of the Russian Federation was adopted, which fixed the legal, economic and organizational foundations of customs in the Russian Federation.

Experience gained during practical application of this Customs Code in the 90s. XX century, showed the need to adopt a new Customs Code, which came into force on January 1, 2004.

The current Customs Code enshrines the provision that customs regulation is under the jurisdiction of the Russian Federation; definition is given customs, which is a set of methods and means of ensuring compliance with customs and tariff regulation measures and prohibitions and restrictions established in accordance with the legislation on state regulation of foreign trade activities related to the movement of goods and Vehicle across the customs border; defines the basic principles for the movement of goods and vehicles across the customs border, methods for determining the country of origin of goods; established customs procedures (customs clearance and customs regimes) and customs payments.

Provisions on customs control and customs authorities.

A wider range of issues of foreign economic activity was reflected in the Federal Law of October 13, 1995 No. 157-FZ “On State Regulation of Foreign Trade Activity” (with subsequent amendments and additions). The need for such a law by the mid-90s. 20th century became quite obvious.

The establishment of market principles in the Russian economy, a higher degree of integration of the country into the world economy required the development of an integrated approach to the regulation of entrepreneurial activity in the field of international exchange of goods, works, services, information, results of intellectual activity. It is one thing when several large state foreign trade associations are engaged in foreign trade operations, as was the case in the Soviet period, and quite another when a huge number of firms and companies that have received the right to enter the world market become subjects of foreign trade relations. A regulatory system is required that is adequate to the needs of the transitional stage of development of the Russian economy.

The intensification of efforts aimed at a deeper participation of Russia in the international division of labor, the intention to join the World Trade Organization and, on this basis, to ensure a more equal position of Russian producers in the world markets for goods and services, necessitated the adoption of a new law on state regulation of foreign trade activities.

Federal Law No. 164-FZ dated 08.12.03 “On the Fundamentals of State Regulation of Foreign Trade Activities” ensures significant progress towards the liberalization of Russia's foreign trade regime, on the one hand, and, on the other hand, more active protection of the interests of Russian producers.

The federal law "On the Fundamentals of State Regulation of Foreign Trade Activity" is the main legislative act regulating foreign trade activities in the Russian Federation on a number of parameters.

First, the Federal Law provides a legal description of foreign trade activities and defines the goals and principles of its regulation by the state.

Secondly, a clear delineation of the competences of the federal center and subjects of the Russian Federation in the field of foreign trade activities was made and at the same time the need for coordination of their actions was fixed.

Thirdly, the category “participants in foreign trade activities” is defined, which includes both Russian and foreign persons, and the rules for conducting foreign trade activities by them are fixed.

Fourth, the Federal Law outlines the main methods of state regulation of foreign trade activity and lists the federal bodies responsible for this.

Fifth, the Federal Law allows the introduction of special regimes for the implementation of certain types of foreign trade activities (border trade, free economic zones, foreign trade barter transactions).

Sixth, the Federal Law provides for the development and implementation of a program to promote the development of foreign trade activities, in particular, its information and statistical support.

Seventh, the Federal Law establishes measures aimed at ensuring favorable conditions for the access of Russian persons to foreign markets, and provides for the protection of the economic interests of the Russian Federation and Russian persons in the field of foreign trade activities.

Eighth, the Federal Law establishes the responsibility of persons guilty of violating the legislation of the Russian Federation on foreign trade activities.

Let us consider some issues of foreign trade activities that are regulated by the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities", in particular, it defines the basic principles of state regulation of foreign trade activities in the Russian Federation:

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;

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

unity of the customs territory of the Russian Federation;

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

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

selection 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;

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

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

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;

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

Ensuring the right to appeal in a judicial or other procedure established by law illegal actions (inaction) of state bodies and their officials, as well as the right to challenge the 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;

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

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

Compared to the previous Federal Law “On the State Regulation of Foreign Trade Activities”, the new law sets out the principles of state regulation of foreign trade activities in more detail and puts the protection of the interests of participants in foreign trade activities in the first place.

The most important innovation in the new law is the provision on the national treatment of goods originating from foreign countries (art.

29), and with regard to foreign trade in services (art. 34).

It is allowed, depending on the country of origin of goods, to establish only differentiated rates of import customs duties.

State regulation of foreign trade activity is carried out in the form of:

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 that contribute to the development of foreign trade activities and provided for by the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities”.

Other methods of state regulation of foreign trade activities are not allowed.

In accordance with the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities", the Government of the Russian Federation has the right to apply special protective measures, anti-dumping and countervailing measures in the course of foreign trade in goods, as well as other measures to protect the economic interests of the Russian Federation.

The government also has the right to impose quantitative restrictions on the export and import of goods in accordance with international treaties of the Russian Federation, federal laws and determine the procedure for applying quantitative restrictions on the export and import of goods.

The law also established that the export and (or) import of certain types of goods that may adversely affect 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, requires special permits. The right to issue such permits is vested in the Government of the Russian Federation.

In practice, when carrying out import operations, there have been numerous cases of misrepresentation of information about goods imported into Russia, including their value. Therefore, the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activity” includes a special article. 28, which gives the Government of the Russian Federation the right to introduce pre-shipment inspection, including the issuance of a certificate of passing a pre-shipment inspection, in relation to certain goods imported into the Russian Federation. The term of such inspection may not exceed three years.

The law establishes a ban on the import into Russia of goods that do not meet the required technical, sanitary, environmental and other standards and do not have the appropriate certificates. Other types of foreign economic activity, in particular international investment cooperation, industrial cooperation, currency and financial and credit operations are not regulated by law.

As a follow-up to the Federal Law “On State Regulation of Foreign Trade Activities” (1995), Federal Law No. 63-F3 of April 14, 1998 “On Measures to Protect the Interests of the Russian Federation in Foreign Trade in Goods” was adopted. The key concepts in this law are the concepts of “significant damage to a sector of the Russian economy (or its threat)” and “significant damage from the import of goods”.

In the Federal Law, “significant damage to an industry of the Russian economy” means a significant general deterioration in the situation of an industry of the Russian economy, confirmed by evidence, which occurred as a result of increased imports into the customs territory of the Russian Federation of similar or directly competing goods, or dumped imports of such goods, or imports of goods subsidized by foreign state (union of foreign states).

The fundamental principle used in formulating the provisions of the Federal Law is based on the fact that the application of measures to protect the economic interests of the Russian Federation can be based only on the results of an appropriate investigation.

The Federal Law sets out the procedure for conducting such an investigation and a system of special protective measures that can be introduced after the discovery of the fact of causing significant damage to a sector of the Russian economy in connection with the increased import of goods from abroad.

A separate chapter highlights anti-dumping measures, the use of which is permitted both in relation to the goods themselves, imported at dumping prices, and to all (or individual) producers (exporters) of this product, taking into account the practice of applying anti-dumping measures in trade relations with this foreign state (union of foreign states). At the same time, the Federal Law takes into account the practice of dumping imports of goods by individual Russian manufacturers, who either carry out it themselves or form dependent or subsidiaries with exporters or importers of such goods in accordance with Russian legislation. civil law. In this case, the industry refers to other producers of a similar or directly competitive product.

Some provisions of this law were canceled in connection with the adoption of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities", in particular, Ch. V "Restriction of the import of goods in order to maintain the equilibrium of the balance of payments of the Russian Federation, the implementation of target federal programs development, in connection with the release of new types of goods, in order to protect the sectors of the Russian economy undergoing structural restructuring and when carrying out measures to limit the production of agricultural goods” and Ch. VI "Measures to protect the economic interests of the Russian Federation in the export of goods." In the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities" (2003), these issues are interpreted in accordance with the realities of the beginning of the 21st century.

The practice of applying legislative acts regulating Russia's foreign trade has shown the need to streamline the export of goods from Russia, in particular those that can be used to create weapons of mass destruction, their means of delivery, other types of weapons and military equipment, because such a threat in the context of the globalization of the world economy is quite real. Many countries already have sufficient scientific and technical potential that can be used to create weapons of mass destruction.

On July 18, 1999, Federal Law No. 183-FE "On Export Control" was adopted. Export control is introduced in order to protect the interests of the Russian Federation, implement the requirements of international treaties of the Russian Federation in the field of non-proliferation of weapons of mass destruction, their means of delivery, control the export of military and dual-use products, as well as create conditions for the integration of the Russian Federation economy into the world economy.

The Federal Law defines the principles and methods for exercising export control, the procedure for approving lists (lists) of controlled goods and technologies, and sets out the legal basis for export control.

In the development of the Federal Law "On the State Regulation of Foreign Trade Activities" (1995), this Federal Law specifies the provisions for the regulation of foreign economic activity in relation to goods, information, work, intellectual activity that can be used to create weapons of mass destruction, their means of delivery , other types of weapons and military equipment.

The federal law makes it possible to develop Russia's cooperation with other countries by establishing contacts in the field of export control of products that can be used in the military sphere.

For violation of this Federal Law, penalties are established, including in the form of a fine and deprivation of the right to engage in certain types of foreign economic activity for up to 3 years.

Thus, in the 90s. 20th century in Russia, a number of laws were adopted that made it possible to create a legal framework for the implementation of foreign economic (including foreign trade) activities. However, the process of improving foreign economic legislation continues, as the country faces difficult problems- deeper integration into the global economic system.

In this regard, it should be noted that the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities" specifies a number of regulatory legal acts that, after the entry into force of this law, are applied to the extent that does not contradict this Federal Law until the regulatory legal acts of the Russian Federation in the field of state regulation of foreign trade activities in accordance with this Federal Law.

Control questions and tasks 1.

Briefly outline the structure of foreign economic activity management in the Russian Federation in the 90s. 20th century 2.

Is it necessary in Russia to have a ministry or department that would deal with the issues of regulating foreign economic activity? 3.

What laws regulate foreign trade activity in the Russian Federation? 4.

What are the main problems reflected in the Federal Law "On the Fundamentals of State Regulation of Foreign Economic Activity"? 5.

Which rule of law takes precedence Russian legislation: national or international, if Russia would sign an appropriate international agreement? 6.

What are the principles underlying the state regulation of foreign trade activities?

Foreign economic activity: a training course Makhovikova Galina Afanasievna

2.2. Legislation regulating foreign economic activity in Russia

The legal basis for the regulation of foreign economic activity in Russia is a set of rules set forth in the laws of the Russian Federation, which either directly apply to this area of ​​activity or have a direct impact on it, as well as generally recognized norms of international law and international treaties in the field of economic relations.

Among the most important legislative acts regulating foreign economic activity are the Law of the Russian Federation “On the Fundamentals of State Regulation of Foreign Trade Activities” (dated November 21, 2003), the Law of the Russian Federation “On Foreign Investments in the Russian Federation” (dated July 25, 2002 No. 117- FZ), Law of the Russian Federation "On currency regulation and currency control" (dated December 10, 2003 No. 173-F3), Patent Law of the Russian Federation (dated September 23, 1992 No. 3517-1), Law of the Russian Federation "On customs tariff" ( dated May 21, 1995 No. 5003-1), the Customs Code of the Russian Federation (dated May 28, 2003, No. 61-FZ), the Law of the Russian Federation “On International Commercial Arbitration” (dated July 7, 1993 No. 5338-1) and etc. The general conditions and principles of conducting foreign economic activity determined by laws were further developed and concretized in decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, on the basis of which various normative acts of the relevant ministries and departments were prepared.

Among the by-laws involved in the administrative and legal regulation of foreign trade activities, attention should be paid to the decree of the Government of the Russian Federation concerning the rates of import and export customs duties on certain types goods; on the procedure for applying anti-dumping duties; on the establishment of quotas for the export of certain types of goods; on measures to protect Russian manufacturers of certain products; about introduction or cancellation of licensing of import of goods; on transboundary movement of waste; on measures state support individual areas production and services; on the introduction of product certificates; on the exercise of control and state expertise in appropriate cases, foreign economic activity; on state registration of types of goods produced in Russia or imported into the country; on a special procedure for the export/import of specific goods (for example, nuclear materials); on the rules for labeling goods; on issues of transit of goods; on the implementation of relevant international agreements regarding trade in certain types of goods; on the determination of damage in cases of imports of goods subsidized by foreign states, and in cases of dumping imports; about passports of vehicles; on measures for state regulation of foreign trade barter transactions; on tenders and auctions for the sale of quotas for the export/import of goods, works, services; to protect the Russian consumer market from the penetration of low-quality imported goods; on the application of the scheme of preferences of Russia to the goods of developing countries; on centralized purchases for imports; on licensing and quotas for export/import of goods, works, services; on the procedure for determining the customs value of imported goods; on the regulation of re-export and many others.

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