General legislation governs economic activity in all its forms and fields. Radical changes in the Russian economy, associated with its transformation into a market economy, are taking place within the framework of law, which enshrines such important provisions as the inviolability of property, new method regulation entrepreneurial activity- "everything that is not forbidden is allowed", the inadmissibility of state intervention in economic activity entities, etc. These and other provisions are enshrined in the Civil Code of the Russian Federation, a number of laws: "On Investment Activities", "On Enterprises and Entrepreneurial Activities", "On Joint-Stock Companies", "On Financial and Industrial Groups", "On Protection Consumer Rights", "On Standardization", "On Certification of Products and Services", etc.

Changes in the economy also led to radical changes in the foreign economic sphere: the elimination of the monopoly of foreign trade, granting the right to participate in foreign economic activity to all legal and individuals, organization of the domestic foreign exchange market, the development of foreign entrepreneurship, strengthening the controlling function of the state, expanding economic method regulation of foreign economic activity, etc.

Russia's integration into world economy is impossible without the development of national legislation in accordance with international. Legal regulation FEA is a set of normative acts within the framework and on the basis of which its practice is carried out. This set is represented by:

• international rules and norms signed by the Russian Federation. international treaties of Russia with other countries:
• national - legislation on foreign economic activity, represented by laws, codes, as well as by-laws.

The creation of a system of legal regulation of foreign economic activity is a long process that bears the imprint of the development of both the national economy and the international obligations of the Russian Federation, the forthcoming entry into the World Trade Organization. Therefore, a number of laws adopted in 1991-1993 have already been amended and supplemented.

The laws regulating foreign economic activity include the following: "On state regulation foreign trade activities"; "On currency regulation and currency control"; "On the customs tariff"; "On foreign investment"; "Customs Code of the Russian Federation".

Let us dwell in particular on the regulation of foreign entrepreneurship. Its basis is the law "On Foreign Investments in the Russian Federation". The law establishes the forms of foreign investment, guarantees, legal status foreign entrepreneurs, registration rules. In accordance with the Law, foreign investment can be carried out not only through equity participation in the creation of a joint venture, the acquisition of stakes in existing enterprises, shares, shares, valuable papers but also through the creation of enterprises wholly owned by foreign entrepreneurs.

For foreign enterprises, the issue of guarantees is extremely important. For any investor, nationalization is dangerous, i.e., the possibility of alienating his property and transferring it to state ownership, as well as the use of other coercive measures (for example, nationalization carried out in Soviet Russia and other countries of Eastern Europe). All this aggravates the issue of guarantees and makes it necessary to establish them in domestic legislation and in Russia's international treaties with other countries. A general idea of ​​the guarantees of foreign investment is given by the following list provided for by Russian legislation. These are the guarantees:

• from changes in legislation;
• from nationalization and requisition:
• upon termination of investment activity;
• transfer of payments in foreign currency, income;
• amounts received in the performance of contractual obligations;
• amounts received in connection with liquidation or sale;
• compensation for nationalization;
• compensation for damages;
• use of profits in the national currency of each state.

Determining the circle of persons who are foreign investors is of significant practical importance. First, the recognition of a person as a foreign investor depends on the provision of appropriate benefits to him, which are established by domestic legislation and international treaties. Secondly, the status of a foreign entrepreneur is important for registration, admission to business activities. Thirdly, if a person is recognized as an investor in a certain state, he may be subject to guarantees and other conditions provided for by an international treaty with the relevant country, as well as diplomatic protection from the state - the investor's country.

Foreign investors in Russia include the following categories of entities:

1. Foreign legal entities.
2. Foreign individuals:
   1. Foreign citizens;
   2. stateless persons.
3. Domestic citizens living abroad.
4. International organizations.
5. foreign states.

An enterprise with foreign investment can be established different ways. Firstly, by its establishment, secondly, as a result of the acquisition by a foreign investor of a participation interest (share, shares) in a previously established enterprise without foreign investment, and thirdly, by acquiring such an enterprise in full.

It must be emphasized that the size authorized capital(fund) of an enterprise with equity participation of foreign investments, regardless of the organizational and legal form, cannot be less than 1000 times the minimum wage per month, which is established by the legislation of the Russian Federation on the date of submission constituent documents for registration.

In addition to these sources of law (international treaties and national laws), there are non-state sources of law that are widely used in the practice of foreign economic activity. These include:

1. Publications of the International Chamber of Commerce, for example, International Trade Terms - "Incoterms-90", "Uniform Customs and Practice for Documentary Credits".
2. Documents of the European economic commission The UN, for example, general terms and Conditions deliveries, pro forma contracts, etc.
3. Customary law (customs and usages).
4. Litigation practice.

The legislation recognizes contracts between direct participants in foreign economic activity as a regulator of foreign economic activity, but this is such a regulator that is based on the norms of national law and norms international law which are of a diapositive nature, when the parties have the right to deviate from these norms. Diapositive norms of law play an important role in the relations of foreign partners, as they contribute to uniformity in the understanding of the terms themselves, the rights and obligations of the parties, and contribute to the acceleration of negotiations.

All foreign economic activity regulators must operate in a system that does not contradict each other. Through the rules of law, the protection of participants in foreign economic activity, the interests of society as a whole, is carried out.

Starting foreign economic activity, everyone should know that he enters into a special sphere of relations, regulated not only by general, but also by special legislation. General legislation regulates economic activity in all its types and areas. Radical changes in the Russian economy, associated with its transformation into a market one, occur within the framework of the law, which enshrines such important provisions as the inviolability of property, a new method of regulating business activity - "everything that is not prohibited is allowed", the inadmissibility of state interference in the economic activities of subjects etc. Changes in the economy also led to radical changes in the foreign economic sphere: the elimination of the monopoly of foreign trade, the granting of the right to participate in foreign economic activity to all legal entities and individuals, the organization of the domestic foreign exchange market, the development of foreign entrepreneurship, the strengthening of the controlling function of the state, the expansion of the economic method regulation of foreign economic activity, etc.

Russia's integration into the world economy is impossible without the development of national legislation in accordance with the international one. Legal regulation of foreign economic activity is a set of normative acts within the framework and on the basis of which its practice is carried out. This set is represented by:

ь international rules and norms signed by the Russian Federation international treaties between Russia and other countries:

b national - legislation on foreign economic activity, represented by laws, codes, as well as by-laws.

The laws governing foreign trade include the following:

"On state regulation of foreign trade activities"; "On currency regulation and currency control"; "About the customs tariff"; "On Foreign Investments"; "Customs Code of the Russian Federation".

The export of strategically important raw materials is carried out by enterprises and organizations registered by the Ministry of Foreign Affairs of the Russian Federation. Registered enterprises are entered in a special register, which is published in the periodical press. Refusal to register and exclude them from the register may be in case of violation of the current legislation of the Russian Federation or foreign countries that entailed economic and political damage to Russia; non-fulfillment of obligations on export deliveries. The list of strategically important raw materials is established by the relevant decree of the Government of the Russian Federation. Enterprises can carry out export-import operations directly or on a contractual basis through foreign economic organizations. Such organizations include business cooperation associations, trading houses, chambers of commerce and industry, etc. Foreign economic activity is carried out on the basis of a contract. Russian legislation prescribes a mandatory written form of a foreign economic contract. A deal can be concluded either by drawing up and signing one document, or by exchanging letters, telegrams. Foreign economic contract contains several sections arranged in a certain sequence. Moreover, each contract has certain legal attributes, without which it loses its legal force, and the rights arising from it cannot be protected. The foreign economic contract must contain the full official names of the parties and their legal addresses, full name and the name of the person representing the organization, his position, as well as an indication on the basis of which the representation is carried out. Management of foreign economic activity in the Russian Federation is carried out by the Ministry of Foreign Economic Relations, the State Customs Committee. Regulation of currency transactions is carried out by the Monetary and Economic Commission of the Russian Federation, the Central Bank of Russia. General management is entrusted to the President, the Government and the Ministry of Economy of the Russian Federation.

Regulation of foreign economic activity the state means not only support and stimulation, but also control over the observance of national interests, ensuring economic security. Maintaining the required level of economic security is becoming one of the strategic objectives of Russian foreign economic policy. Under economic security, it is customary to understand such a state of the economy and the system government controlled which ensures the guaranteed protection of national interests, the social orientation of the policy, sufficient defense potential even under adverse conditions for the development of internal and external processes. The regulation of foreign economic activity in all countries is aimed at ensuring, first of all, national economic security, which means the protection of the economy from internal and external adverse factors that disrupt the normal functioning of the internal reproduction process, reduce living standards, causing adverse social consequences. In law economic security defined as the state of the economy that provides enough level social, political and defense existence and progressive development of the Russian Federation, the invulnerability and independence of its economic interests in relation to possible external and internal threats and influences.

At present, the basis Russian legislation make laws:

- "About the customs tariff";

- "On measures to protect the economic interests of the Russian Federation in the implementation of foreign trade in goods";

- "On military-technical cooperation of the Russian Federation with foreign states";

- "On the coordination of international and foreign economic relations of the constituent entities of the Russian Federation";

- "On export control";

Customs Code;

- "On the fundamentals of state regulation of foreign trade activities";
- "On special protective, anti-dumping and countervailing measures for the import of goods".

The Customs Code of the Russian Federation defines the fundamentals of the customs business. In 1992 -1993 the Customs Code of the Russian Federation and the Law of the Russian Federation "On Customs Tariff" were adopted, which at that time created legal basis for the work of the customs authorities. However, such legislative provisions were soon required, which would be based on multilateral agreements concluded within the framework of the WTO and the International Customs Organization. At present, the Customs Code regulates the movement of goods across customs borders, establishes customs regimes, the procedure for customs clearance and customs control. Violations customs regulations and responsibility for this is also provided for in special sections. The Customs Code defines the basic concepts used in the country's customs system. Issues such as the country of origin of the goods, customs procedures, regimes, payments, etc. The Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activity" formulates the main directions, principles and organizational foundations of Russia's foreign trade. The foreign trade activity of Russia is considered in this law as an activity for the implementation of transactions in the field of foreign trade.
In accordance with this law, any Russian and foreign persons have the right to carry out foreign trade activities.

Participants in foreign trade activities:

Foreign trade firms different forms property, which are the main subjects of foreign trade relations;

State foreign trade organizations - legal successors of all-union foreign trade associations and newly created, having the status of federal state enterprises;

Participants in small wholesale trade.

Legal entities and individual entrepreneurs, carrying out foreign trade activities, are subject to accounting in customs authorities and this registration is voluntary.
The methods of state regulation of foreign trade activities in Russia include:

Customs and tariff regulation;

Methods of non-tariff regulation;

Prohibitions and restrictions of foreign trade;

Measures of an economic and administrative nature that contribute to the development of foreign trade activities Management of foreign economic activities of economic entities in Russia.

This law also contains a provision on the national treatment of goods originating from foreign countries: goods originating from a foreign state are granted treatment no less favorable than that provided to similar goods of Russian origin. Specially formulated provisions on state regulation of foreign trade activities in the field of foreign trade intellectual property, special types prohibitions and restrictions on foreign trade in goods, services and intellectual property.

27. Reasons for the adoption and essence of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities", its main principles and provisions

In 2003, the Federal Law “On the Basics of Regulation of Foreign Trade Activities” was adopted, according to which non-tariff regulation is 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. It is a well-established mechanism of interaction federal bodies executive power which ensures a unified foreign trade policy in order to protect the economic and political interests of the country, fulfill international obligations and expand its presence Russian enterprises in the global markets for goods and services.

In accordance with the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities”, pre-shipment inspection is a check of the quality, quantity, price, including its financial conditions, or the correctness of coding for customs purposes of goods intended for import into the Russian Federation.

In addition, in accordance with the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities", the collection of taxes applies to:

Quantitative restrictions;

Licensing;

Implementation of export control;

Provision of statistical services;

Confirmation of product compliance with mandatory requirements;

Expertise and inspections;

Implementation of measures to introduce quarantine of activities sanitary service, carrying out fumigation.

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 norms 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 Vehicle; on measures to state regulation foreign trade barter transactions; on tenders and auctions for the sale of quotas for the export/import of goods, works, services; for the protection consumer market Russia 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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