10.1. Goals, principles, functions and methods of management Management is a holistic management system aimed at ensuring optimal coordination of the actions of team members to achieve their goals. Management has a special public

Law on Combating Corruption in Foreign Economic Activities The Law on Combating Corruption in Foreign Economic Activities specifically prohibits bribery of local companies and government officials, regardless of local traditions and norms business ethics. AT

This Law contains the main principles of regulation of foreign economic activity:

1) transforming (and not just purely regulating) activity of the state, which develops a policy for the development of industries and regions, under which the entire system of state regulation of foreign trade activities and control over its implementation is adjusted.

On the present stage development, the state seeks to regulate the development of foreign trade not by administrative prohibitions and restrictions, but by creating favorable economic conditions for the implementation of those foreign economic operations that contribute to increasing the efficiency of the national economy, the implementation of certain tasks of the country's socio-economic development. At the same time, less favorable economic conditions are created for transactions that may have an adverse impact on the country's economy.

Administrative measures can be used only if other (ie economic) methods cannot achieve the set goals. The market system of the economy, in principle, is more consistent with economic instruments for regulating foreign economic activity. But the effectiveness of their use has certain limits. During periods of significant economic deterioration, inflation and sharp differences between domestic and world prices, the government (and this is evidenced by Foreign experience) in the interests of mobilizing and better using limited resources, they are forced to resort to administrative instruments for regulating export-import operations.

However, the active use of administrative regulation should by no means be reduced to the use of the most severe instruments of a repressive nature. It is important to use the entire arsenal of such tools developed by world practice (in foreign countries, only dozens of types of quotas and licensing are used) and to create with their help an integrated system for managing foreign economic operations. Its goal should not be so much to restrict trade as to control its development.

Therefore, the use of administrative instruments in Russia is combined with the rules generally accepted in the world for regulating foreign economic activity. In particular, Russia has declared the establishment of such instruments as temporary; it provides for the distribution of the provisions of the relevant documents to all trading partners (exceptions are possible only for developing countries) and the ability to change the regulatory procedure only on the basis of published legislative acts.

1) As you get stronger market relations The main subjects of foreign economic activity should be independent enterprises of any form of ownership, operating within the framework of the law under their own responsibility. The main task of the state is all-round assistance and facilitation of foreign economic activity of these entities. Without strong state support - trade-political, credit-financial, tax and other benefits - young, novice Russian entrepreneurs cannot fit into international economic relations without huge losses for themselves and for the country. It is this direction - assistance and support - that should become the main one in the activity government agencies when improving the regulation of foreign economic activity;

2) change in foreign economic activity Russian firms in the direction from predominantly one-time foreign economic transactions to foreign economic activity as a permanent and organic part of their total economic activity with a long-term focus on maintaining and expanding foreign markets;

3) a clear division of the functions of the implementation of the VTP between the branches of government, departments, as well as the Federation and its subjects. Operation of the system of foreign economic regulation determined by federal laws and other regulatory legal acts RF, extends to the entire territory of the Russian Federation. The President directs the state foreign trade policy. The government ensures the implementation of a unified state foreign trade policy and takes measures to implement it. In accordance with the Law, the development of proposals on the state foreign trade policy of the Russian Federation, the regulation of the foreign trade activities of its participants, the conclusion of international treaties of the Russian Federation in the field of foreign trade relations is carried out by the Federal Executive Authority, which is directly entrusted by the Government of the Russian Federation with the coordination and regulation of foreign trade activities, together with other federal executive bodies within their competence.

4) foreign trade policy is integral part foreign policy of the Russian Federation. It is subject to the requirements of the foreign policy of the state and cannot conflict with it. Therefore, specific decisions in the field of foreign trade policy must be fully consistent with foreign policy. If, say, Russia joins international sanctions against any state, this should also be reflected in the termination of foreign trade operations with this country, no matter how beneficial they are. Therefore, the creation of favorable conditions for Russian exporters on the world market is called upon to become one of the central tasks of Russian foreign policy;

5) the unity of the export control policy carried out in the interests of implementing the state tasks of ensuring national security, political, economic and military interests, as well as fulfilling the international obligations of the Russian Federation to prevent the export of weapons of mass destruction and other most dangerous species weapons.

Export control is within the competence of the federal authorities and is determined solely on the basis of ensuring the security of the country, its economic, political and military interests. Lists of goods subject to export control are approved by the President of the Russian Federation;

6) a unified customs regime operates throughout the territory of the Russian Federation; uniform customs rules apply to all goods imported to and exported from it. In accordance with the Law, the customs-tariff and non-tariff regulation of foreign trade activities, the policy in the field of certification of goods, the establishment of standards and principles of safety and / or harmlessness to humans when importing goods, etc. is within the competence of the federal authorities, which establish uniform rules and norms throughout the territory of the Russian Federation. Note that the principle of the unity of the customs territory is also fixed in the Customs Code of the Russian Federation;

7) equality of participants in foreign trade activities and their non-discrimination. This principle proclaims the equality of rights and obligations of all those involved in foreign economic activity. The same rules and regulations apply to them. All economic entities conduct foreign economic activity on an equal footing, performing the same customs procedures and paying customs duties and taxes. It is easy to understand that the practice of granting customs privileges to individual participants in foreign trade operations is contrary to the Law on State Regulation of Foreign Trade Activities;

8) protection by the state of the rights and legitimate interests of participants in foreign trade activities. The state stands guard over the rights and legitimate interests of legal and individuals participating in foreign economic transactions. In the event that the interests of foreign trade participants have suffered as a result of Russia's participation in international sanctions, they are entitled to compensation for losses in court at the expense of the federal budget (Article 21 of the Law). The law provides that in order to protect the economic interests of Russian persons affected by the actions of foreign states, Russia may introduce retaliatory measures. A special section of the annual Federal program for the development of foreign trade activities should contain a list of cases of discrimination and violation of obligations against Russian persons, as well as a list of measures taken or planned in response;

9) exclusion of unjustified interference by the state and its bodies in foreign trade activities, causing damage to its participants and the economy of the Russian Federation as a whole. This principle assumes that, within the framework of the rules established by laws and by-laws of the Russian Federation, participants in foreign trade operations enjoy complete freedom of activity. It should be emphasized that the foreign economic sphere is subject to general principles civil law, fixed in the first part of the Civil Code: equality of participants in relations regulated by the code, inviolability of property, freedom of contract, equality of parties to civil relations, inadmissibility of outside interference in the relations of the parties (including by state bodies), the need for unhindered exercise of rights, ensuring the restoration of violated rights , their judicial protection

An important principle of regulation of foreign trade activity is the assistance to the development of this activity and its stimulation, fixed in the Law. This assistance is carried out, in particular, through the development and implementation of federal programs for the development of foreign trade activities.

The Government of the Russian Federation annually develops and submits such a program for approval to the Federal Assembly of the Russian Federation simultaneously with the draft Federal Budget.

The federal program contains:

Trade balance forecast as component balance of payments of the Russian Federation;

Assessment of the current state and problems of trade economic relations Russia with other states;

Plan of external borrowings of the Russian Federation with a detailed description of the intended use of foreign loans;

Plan for export credits provided with the use of federal budget funds or under the guarantees of the government of the Russian Federation;

Russia's External Debt Service Plan;

Plan of proceeds from servicing the debts of other states of the Russian Federation;

A list of state foreign trade regulation measures taken or planned in the relevant year, customs tariff rates and rules for their possible change, quantitative restrictions on exports and imports, as well as a list of measures to protect the domestic market and foreign exchange regulation;

List of measures to stimulate industrial exports for the relevant period, etc.

World experience in the use of foreign economic activity to overcome the lag behind the leading countries gives two basic models of foreign economic activity. The first assumes a predominant focus on exports, the second - on import substitution. The first model was followed at the end of the last century by the United States, after the Second World War - by the Western European countries, Japan, and after them - the new industrial states. The second model has been chosen in the last two decades by some Latin American countries. Many of its features were characteristic of the foreign economic activity of the USSR, which led to a deep dependence of the domestic industry on the import of equipment and spare parts, some types of raw materials, materials and components.

most efficient and effective strategy Russia's integration into world economy is a combination of economic restructuring with its focus on the active growth of exports.

As world experience shows, the basis for effective foreign economic activity and the guarantee economic security countries in the context of moving towards an open market economy is the development of export potential and all-round assistance to national exporters. For Russia, this is of particular importance, since only through the development of exports is it possible to have a positive trade balance without reducing imports of vital goods, and thereby solving the problems of repaying external debt and strengthening the ruble.

Thus, we can conclude that foreign trade policy, being an integral part of the economic policy of the state, can be considered as a completely independent factor influencing the economic growth of the country, its partner countries and, consequently, the Ministry of Energy as a whole.

Foreign economic relations, like any economic category, has legal norms that are legally formalized by various directive and legislative acts.

The regulation of foreign economic relations is carried out on the basis of bilateral government agreements and legislative acts on the foreign trade activities of the Russian Federation.

The main principles of state regulation of foreign trade activity in the Russian Federation are:

1) foreign trade policy - an integral part of the foreign policy of the Russian Federation;

2) the unity of the system of state regulation of foreign trade activities and control over its implementation;

3) the unity of the export control policy implemented in order to implement the state tasks of ensuring national security, political, economic and military interests, as well as fulfilling the international obligations of the Russian Federation to prevent the export of weapons of mass destruction and other most dangerous types of weapons;

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

5) priority of economic measures of state regulation of foreign trade activities;

6) equality of participants in foreign trade activities and their non-discrimination;

7) protection by the state of the rights and legitimate interests of participants in foreign trade activities;

8) exclusion of unjustified interference by the state and its bodies in foreign trade activities, causing damage to its participants and the economy of the Russian Federation as a whole.

The state foreign trade policy is carried out through the use of economic and administrative methods of regulating foreign trade activities.

These include methods:

Customs and tariff regulation, i.е. application of import and export tariffs;

Non-tariff regulation, i.e. use of quotas, licensing, etc.

These methods are established by the Law of the Russian Federation “On State Regulation of Foreign Trade Activities.”* Other methods of state regulation of foreign trade activities through interference and the establishment of various restrictions by the state authorities of the Russian Federation and its subjects are not allowed.

Regulation of other types of foreign economic activity, in particular international investment cooperation, industrial cooperation, currency and financial and credit operations, is carried out by the relevant federal laws and other legal acts of the Russian Federation.

In order to regulate import and export operations, including to protect the domestic market of the Russian Federation and stimulate progressive structural changes in the Russian economy, import and export customs duties are established.

Export from the Russian Federation and import to the Russian Federation are carried out without quantitative restrictions.

Quantitative restrictions on exports and imports may be introduced in exceptional cases by the Government of the Russian Federation in order to:

ensuring the national security of the country;

fulfillment of the international obligations of the Russian Federation, taking into account the state of the domestic commodity market;

protection of the domestic market of the country.

Decrees of the Government of the Russian Federation on the introduction of quantitative restrictions on exports and imports are adopted and officially published no later than three months before these restrictions are put into effect.

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 or carrying out export and (or) import operations until the total fulfillment of quotas.

The procedure for holding a tender or auction is established by the Government of the Russian Federation. Limitation of the number of participants in such a competition or auction and their discrimination on the grounds of the form of ownership, place of registration, position in the market are not allowed.

In the event that any product is imported in such large quantities or under such conditions that significant damage is caused or there is a threat of causing such damage to producers of similar or directly competing goods on the territory of the Russian Federation, the Government of the Russian Federation, in accordance with generally recognized norms of international law, has the right to adopt protective measures. measures to such extent and for such duration as may be necessary to remedy serious harm or to prevent the threat of such harm.

The forms of such protective measures in relation to the import of goods are: quantitative restrictions on imports; special increased customs duties.

The basis for taking protective measures is the report of the federal executive body, prepared on the basis of the results of an investigation conducted on behalf of the Government of the Russian Federation and (or) at the request of the executive body of the constituent entity of the Russian Federation, a manufacturer or an association of manufacturers, whose total production of similar goods or goods directly competing with imported, accounts for more than 50% of the total domestic production of such goods. The procedure for introducing protective measures is public and provides for the official publication of the decision of the Government of the Russian Federation on the introduction of a protective measure, indicating the total quantity and value of the goods or goods subject to restrictions.

As a protective measure, its early cancellation or extension, as well as all changes in the total volume and cost of goods for the period of validity in relation to their protective measure, are established by the Government of the Russian Federation, taking into account the international obligations of the Russian Federation.

Prohibitions and restrictions on the export and (or) import of goods (works, services) may be established based on national interests, including:

observance of public morality and law and order;

protection of life and health of people, protection of flora and fauna and environment generally;

preservation of the cultural heritage of the peoples of the Russian Federation;

protection of cultural property from illegal export, import and transfer of ownership rights to them;

the need to prevent the exhaustion of irreplaceable natural resources, if the measures related to this are carried out simultaneously with restrictions on the corresponding domestic production and consumption;

ensuring the national security of the Russian Federation;

protecting the external financial position and maintaining the balance of payments of the Russian Federation;

fulfillment of international obligations of the Russian Federation.

Goods imported into the territory must comply with the technical, pharmacological, sanitary, veterinary, phytosanitary and environmental standards and requirements established in the Russian Federation.

Import of environmentally hazardous products is subject to special control. It is prohibited to import into the territory of the Russian Federation goods that:

Do not meet the above standards and requirements established in the Russian Federation;

They do not have a certificate, marking or mark of conformity in cases provided for by the legislative acts of the Russian Federation;

Prohibited for use as hazardous consumer goods;

They have defects that pose a danger to consumers.

These goods must be exported 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 the manner determined by the Customs Code of the Russian Federation.

In order to protect the national interests of the Russian Federation in the implementation of foreign trade activities in relation to weapons, military equipment and dual-use goods, as well as to comply with the international obligations of the Russian Federation on the nonproliferation of weapons of mass destruction and other most dangerous types of weapons and the technology for their creation, an export control system is in place in the country.

The export of the above goods, works, services, results of intellectual activity, including exclusive rights to them, is carried out in the manner determined by the Government of the Russian Federation.

A state monopoly is established for certain types of goods for export and (or) import. Lists of such goods are determined by federal laws.

State monopoly on exports and (or) imports certain types goods is carried out on the basis of licensing activities for the export and (or) import of goods. Licenses are issued by the federal executive body exclusively unitary enterprises who are obliged to make transactions for the export and (or) import of goods on the basis of the principles of non-discrimination and good commercial practice. A unitary enterprise is commercial organization not endowed with the right of ownership to the property assigned to it by the owner.

Border trade and a free economic zone are special regimes for the implementation of certain types of foreign trade activities.

Border trade is carried out between Russian persons who have a permanent location (place of residence) on the border territory of the Russian Federation, and foreign persons who have a permanent location (place of residence) in the corresponding border territory, determined in international treaties of the Russian Federation with neighboring states, exclusively for the satisfaction of local needs in relation to goods produced within the existing border area, as well as goods intended for consumption within the relevant border area.

An important role in regulating foreign economic activity and in monitoring its implementation is played by the rational organization of customs affairs, which includes the customs policy of the Russian Federation, as well as the procedure and conditions for moving goods and vehicles across the customs border of the Russian Federation, collecting customs payments, customs clearance and customs control.

The legal, economic and organizational foundations of the customs business are determined by the Customs Code of the Russian Federation.

The customs business is carried out by the customs authorities of the Russian Federation, which are law enforcement agencies. The system of customs authorities includes:

1) State Customs Committee of the Russian Federation (SCC RF);

2) regional customs departments;

3) customs;

4) customs posts. In January 1998, specialized customs posts for precious metals and precious stones were created.

See also:

Introduction…………………..…………………………………………………………3

1. Concept, goals, principles of state regulation of foreign economic activity…………4

2. Legal basis and participants in the regulation of foreign economic activity in Russia…………………………………………………………...….6

3. Methods of state regulation of foreign economic activity……………………...……...7

4. Features and problems of state regulation of foreign economic activity in Russia……………………………..…12

Conclusion………………………………………………………………………… 15

References…………………………………………………………………16

Introduction

In modern conditions, the state actively regulates foreign economic relations in the national interests.

The market system of the economy, in principle, is more in line with economic instruments for regulating foreign economic relations, primarily customs duties, taxes, etc.

In a market economy, foreign economic activity of an entrepreneurial nature, as a whole, is subject to a generally permissible (and not permissive) legal regime. Participants in such activities are subject only to the rules of the market defined in the rules of law.

Consequently, the impact on foreign economic activity occurs at two levels: self-regulation through supply and demand and state regulation of foreign economic activity regulated by law as a system of social relations arising in this area.

Therefore, the study of state regulation of foreign economic activity in modern conditions is of particular relevance.

The purpose of the work is to study the state regulation of foreign economic activity.

Define the concept, study the goals, principles of state regulation of foreign economic activity;

Consider the legal framework and participants in the regulation of foreign economic activity in Russia;

To study the methods of state regulation of foreign economic activity;

Consider the features and problems of state regulation of foreign economic activity in Russia.

1. Concept, goals, principles of state regulation of foreign economic activity

Foreign economic activity is one of the areas of economic activity of the state, enterprises, firms, closely related to foreign trade, export and import of goods, foreign loans and investments, and the implementation of joint projects with other countries.

The system of state regulation of foreign economic activity (FEA) includes:

Legislative and legal framework for regulation;

Institutional and organizational structure of regulation;

State programming of foreign economic activity;

Quotas and licensing of foreign trade transactions;

Certification of imported goods;

Registration of certain export contracts;

Mandatory export assessment of the quantity, quality and price of exported goods;

Customs regulation;

Currency and monetary regulation of foreign economic activity.

The main objectives of state regulation of foreign economic activity are as follows:

Using foreign economic relations to accelerate the creation of a market economy in Russia;

Assistance in increasing labor productivity and the quality of national products through the acquisition of licenses and patents, the purchase of new technologies, high-quality components, raw materials and materials, the inclusion of Russian enterprises in world competition;

Creation of conditions for the access of Russian entrepreneurs to world markets through the provision of state, organizational, financial, information assistance;

Protection of national foreign economic interests, protection of the domestic market;

Creation and maintenance of a favorable international regime in relations with various states and international organizations.

State regulation of foreign economic activity in Russia in a market economy should be carried out in accordance with the following basic principles:

Unity of foreign economic policy and national (domestic) economic policy;

Unity of the system of state regulation and control over its implementation;

Transferring the center of gravity of foreign economic activity regulation from administrative to economic methods;

A clear delineation of the rights and responsibilities of the Federation and its subjects in the field of foreign trade management;

2. Legal framework and participants in the regulation of foreign economic activity in Russia

Legal regulation 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 national legislation on foreign economic activity, represented by laws, codes, as well as by-laws, as well as international rules and regulations signed by the Russian Federation and international treaties of Russia with other countries. These include the Constitution of the Russian Federation, the Law "On Customs Tariff", the Law "On Foreign Investments", the Law "On the Fundamentals of State Regulation of Foreign Trade Activities", the Law "On Currency Regulation and Currency Control".

Of great importance in the regulation of foreign economic activity is the structure of the authorities that carry it out. There are 3 branches of government in the Russian Federation: legislative, judicial and executive.

The legislative body in the Russian Federation is the Federal Assembly. The Federal Assembly issues laws, including those regulating the sphere of foreign economic activity.

The judicial authorities in the Russian Federation include the Constitutional Court, Supreme Court, the Supreme Arbitration Court, courts and judges of various instances. In the field of foreign economic activity, the judiciary is obliged to protect the interests of all subjects of foreign economic activity, regardless of their nationality.

However, the most significant role in the regulation of foreign economic activity is played by the executive branch. Also, in the context of considering the state regulation of foreign economic activity, we will also include the President of the Russian Federation as an executive branch, although formally the President of the Russian Federation does not belong to any of the branches of power. Based on this, we will divide the executive authorities into 4 levels: presidential, government, departmental and regional.

3. Methodsstate regulation of foreign economic activity

Baranov D.E. identifies the following methods of state regulation of foreign economic activity:

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.

The customs tariff is a systematic list customs duties collected from cargo owners when goods pass through the customs state border. Usually, a customs tariff contains detailed names of goods subject to customs duties, duty rates indicating their method of calculation, and a list of goods admitted duty-free.

Customs duty is a tax levied by the state on goods transported across the national border at the rates stipulated by the customs tariff.

Customs duties are divided according to the method of collection into ad valorem, specific and combined.

Ad valorem customs duty is a duty calculated as a percentage of the customs value of taxable goods (for example, 20% of the customs value).

A specific customs duty is a duty levied depending on the quantity of goods (for example, $10 per 1 ton). The advantage of this duty is that, if applied, there is no need to estimate the price of the goods, and therefore there is no place for abuses associated with valuations. However, depending on the price of the goods, the degree of protection of the domestic manufacturer also changes. The higher it is, the lower the degree of security and vice versa.

Combined duty - combines both of the above types of customs taxation (for example, 20% of the customs value, but not more than 10 dollars per 1 ton).

According to the object of taxation, customs duties are divided into import, export and transit.

By nature, customs duties are divided into seasonal, anti-dumping and countervailing.

The main functions of customs duties are protectionist, fiscal and balancing. The protectionist function is associated with an increase in the price of imported goods in the domestic market due to the collection of duties, which makes it less competitive and, accordingly, protects national producers. The collection of customs duties on imported goods increases the cost of the latter when they are sold on the domestic market of the importing country and thereby increases the competitiveness of domestic goods. The fiscal function of the customs tariff ensures the receipt of funds from the collection of customs duties in the revenue part of the country's budget. Finally, the balancing function refers to exported goods and its purpose is to prevent unwanted export of goods, in particular if their prices on the domestic market are lower than world prices.

a) Financial methods of limitation incorporated in the payment mechanism in the form of various direct and indirect fees covering government costs associated with solving organizational and economic problems at the expense of foreign suppliers. Consider some types of financial restrictions:

1) Sliding fees are additional payments designed to equalize world market prices for mainly imported agricultural and food products to bring them closer to domestic prices. The border tax regime involves the collection of fees at the time of movement of foreign trade goods across the customs border and customs clearance;

2) Domestic (equalizing) taxes and fees - equivalent to indirect taxes and fees (VAT, excises), levied on goods in the domestic market of the importing country; it is also fees on sensitive categories of products, which usually have an internal equivalent (issuance fees, product tax, administrative fees).

3) Additional fees - fees levied on imported goods in excess of customs duties and taxes, which do not have an internal analogue and are intended to finance certain types of activities related to foreign trade (tax on foreign currency transfers abroad, stamp duty, statistical tax);

4) Import deposits – these are requirements advance payment the cost of imports and payment of import taxes in the form of opening preliminary import deposits, payment of cash, advance payment of customs duties (official restrictions on the accumulation of foreign currency by obtaining various types of permits for conducting foreign exchange transactions within the country; deferred payments and priority for payment of taxes and duties in within the established minimum allowable periods from the moment the goods are delivered to the customs territory of the importing country until the completion of import settlements);

b) Export subsidy or production subsidy:

1) An export subsidy is a subsidy to the manufacturer or seller of an export product, which reimburses part of the costs of production or distribution, in order to increase the competitiveness of the product in the foreign market. The provision of export subsidies is a way of state stimulation of exports at the expense of the budget. Export subsidies are possible in the form of direct financing of research, development and export production, as well as through the provision of favorable loans.

2) Domestic subsidies - the most disguised financial method of trade policy and discrimination against imports, providing budget financing domestic production of goods that compete with imported ones.

3) Public procurement policy is a hidden method of trade policy that requires government agencies and enterprises to buy certain goods only from national firms, even though these goods may be more expensive than imported ones.

c) Quantitative restrictions on imports and exports through quotas, quotas, licensing, "voluntary restrictions" on exports. Let's take a closer look at these measures:

1) Quota is a measure of operational regulation of foreign economic relations by the state, which imposes quantitative and cost restrictions on the import (export) of goods into the country, is introduced on certain period in relation to certain goods, vehicles, works, services, etc., to countries or groups of countries and acts as a non-tariff measure of foreign economic regulation, a regulator of supply and demand in the domestic market, a response to discriminatory actions of foreign trading partners, etc. .d;

2) Contingenting - state regulation of foreign trade through the establishment of centralized export control over the import and export of goods within specific quotas for a certain period of time. The purpose of the contingent is to protect the interests of the national industry. Trade in goods within the established contingents is carried out under licenses;

3) Licensing of imports is the regulation by the competent state authorities of the export of goods from the country by issuing special permits (licenses) at the request (application) of interested parties;

4) Voluntary restriction of export - a method of state regulation of foreign economic relations; the obligation of one of the foreign trade partners to limit the volume of exports of certain goods;

5) The requirement for the maintenance of local components - a hidden method of the trade policy of the state, legislatively establishing the share of the final product, which must be produced by national producers, if such a product is intended for sale in the domestic market;

e) Technical standards and requirements for imported products related to health, regulations and safety (including industry standards, requirements for packaging and labeling of goods, sanitary and veterinary standards);

f) Customs, administrative import formalities that create obstacles and hinder the customs clearance of imported products. This category of measures includes the following:

1) Anti-dumping duty - an additional import duty imposed on goods exported at prices below normal world market prices or domestic prices importing country;

2) Compensatory customs duty - a duty levied in cases of importation into the customs territory of the country of goods, in the production or export of which subsidies were used directly or indirectly; Countervailing duties are levied if such importation causes or may cause damage to domestic producers of similar goods or hinders the establishment or expansion of the production of such goods;

3) Customs formalities - statutory mandatory requirements, without which vehicles, goods and other items cannot be passed through the customs border. Customs formalities include inspection of goods and other items, inspection of vehicles, verification and execution of documents, determination of the country of origin of goods, calculation and collection of customs duties, taxes and fees.

Note that the first group of measures is financial in nature, and all subsequent ones are administrative.

4. Features and problems of state regulation of foreign economic activity in Russia

State regulation of foreign economic activity in Russia is carried out based on the following principles:

There are no quantitative restrictions on exports and imports, except in special cases when it is necessary to ensure the national interests of the country and to fulfill the international obligations 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;

In order to protect the national interests of the Russian Federation in the implementation of foreign trade activities in relation to weapons, military equipment and dual-use goods, as well as compliance with international obligations on the non-proliferation of weapons of mass destruction and other most dangerous types of weapons and technologies for their creation, the country has an export control system;

A state monopoly is established for certain types of goods for export and (or) import;

Special regimes for the implementation of certain types of foreign trade activities are frontier trade and free economic zone;

The equality of participants in foreign economic activity is observed and their protection by the state is carried out.

Among the problems facing the Russian Federation in the field of foreign economic activity, the following can be distinguished:

The unfavorable position of the Russian Federation in the international division of labor. The specific share of Russian exports is made up of mineral products, i.e. raw materials. Moreover, their share tends to increase. In 1999 it amounted to 42.5% of the total export volume, and in 2009 it was already 65.9%. This is negative phenomenon, as the prices of such goods are prone to sharp fluctuations due to a sharp change in demand for them. It also means that the Russian Federation produces few quality products that can compete in the world market. At the same time, food products and agricultural raw materials (except for textiles) dominate in the import structure, chemical industry, rubber, as well as machinery, equipment and vehicles. In 1999, their total share was 72.6%, and in 2009 - 79.2%. That is, there is a tendency to increase the import of this type of product. Positive dynamics can be traced only in the reduction of the share of imports food products and agricultural raw materials (except for textiles), which may, on the one hand, mean that Russia has become more self-satisfied with its food needs.

Small attractiveness of Russia in the world in terms of doing business. According to the 2008 World Bank rating, the Russian Federation ranks only 120th in the world in terms of the comfort of doing business, behind even a large part of developing countries, while very few reforms are being carried out to improve the situation;

Protectionist measures implemented by the state often preserve the backwardness of Russian industries, feeling strong support from the state, these industries do not seek to introduce new technologies, improve product quality, since even without this they receive a profit that suits them, one of the most striking examples is the support of Russian automotive industry;

The global financial crisis, among the possible consequences of which are the bankruptcy of some Russian companies and banks, a slowdown in economic growth, the devaluation of the ruble, and a drop in investment in the Russian economy.

Conclusion

Thus, foreign economic activity is one of the areas of economic activity of the state, enterprises, firms, closely related to foreign trade, export and import of goods, foreign loans and investments, and the implementation of joint projects with other countries.

Based on the above, we can conclude that serious changes are needed in the foreign economic activity of the Russian Federation.

It is necessary to diversify the structure of exports towards more high-tech products. Certain steps are being taken in this direction: attempts are being made to raise the aircraft building complex, state corporations are being created, the purpose of which is the production of precisely high-tech products. However, these measures are this moment are insufficient.

It is necessary to build more trusting relations with foreign economic entities, form the image of Russia as an attractive state for investment and cooperation, and create the necessary conditions for this.

It is important to increase the competitiveness of domestic goods, and it is desirable to do this on the basis of increasing efficiency, and not by creating low prices on goods and labor due to the devaluation of the ruble.

Finally, an ordeal for Russian economy may have become the global financial crisis. Under these conditions, the task of improving the role of the Russian Federation in the foreign economic sphere becomes even more complicated.

Bibliography

1. The Constitution of the Russian Federation of 1333 - M .: Norma, 2002.

2. On the customs tariff: Federal Law of May 21, 1993 No. 5003-1 // Nureev R. M. Course of microeconomics. Textbook for high schools. - H90 2nd ed., rev. - M.: Publishing house NORMA, 2007. S. 67.

Risin I.E. State regulation of the economy / I.E. Risin, Yu.I. Treshchevsky, S.M. Sotnikov - Voronezh: Voronezh: Voronezh Publishing House. state un-ta, 2008. p. 88.

Baranov D. E. Legal regulation of foreign economic activity in Russia. - M.: RAGS, 2003. S. 99.

On the customs tariff: Federal Law of May 21, 1993 No. 5003-1 // Risin I.E. State regulation of the economy / I.E. Risin, Yu.I. Treshchevsky, S.M. Sotnikov - Voronezh: Voronezh: Voronezh Publishing House. state un-ta, 2008. S. 89.

Risin I.E. State regulation of the economy / I.E. Risin, Yu.I. Treshchevsky, S.M. Sotnikov - Voronezh: Voronezh: Voronezh Publishing House. state un-ta, 2008. S. 99.

Baranov D. E. Legal regulation of foreign economic activity in Russia. - M.: RAGS, 2008. - S. 89.

Topic 2. The place of customs authorities in the mechanism of state regulation of foreign economic activity

1. Goals, principles and methods of regulation of foreign economic activity

2. Customs policy: concept, content, implementation

3. The role of customs authorities in the development of the national economy

Foreign economic activity (FEA) in countries with market and transitional economies is regulated by the market and the state.

The mechanism of market regulation of foreign economic activity is a general mechanism of the market with its inherent principles, rules, norms of activity and behavior, but operating in a special area. The specifics of the foreign economic sphere, in which the subjects of relations along with firms are national states, their unions and associations, international organizations realizing their special goals, affects the mechanism of its regulation, requires the mandatory participation of the state in this process.

State regulation of foreign economic activity is a set of legal, administrative, economic, organizational and other measures of state influence on the economic relations of participants in foreign economic activity in accordance with national interests, goals, and objectives.

The specificity of the foreign economic sphere also affects the mechanism of its state regulation in a particular country, manifests itself in the choice and ranking of its goals, methods, tools, objects, as well as in the interaction of subjects.

The goals of state regulation of foreign economic activity in the Russian Federation are:

· formation of a favorable legal climate for foreign economic activity of economic entities;

· stimulating the implementation by business entities of foreign economic transactions in priority areas;

· provision of conditions for effective foreign economic activity of economic entities, including the creation of an appropriate infrastructure;

· coordination of the country's participation in the international division and cooperation of production, promotion of high-tech competitive domestic products to new markets;

Improving the structure of foreign economic activity;

regulation of economic relations at the intercountry and regional levels;

providing domestic exporters abroad economic support and legal security;

regulation of the country's balance of payments.

Thus, the main tasks of the state regulation of foreign economic activity are the formation legislative framework and favorable conditions (economic and organizational) for its development and efficiency improvement.

Foreign economic activity includes foreign trade activities, international movement capital, international currency and credit relations, scientific and technical exchange, international movement work force. Foreign trade activity in accordance with Article 2 of the Federal Law of December 8, 2003 No. 164-FZ “On the Fundamentals of State Regulation of Foreign Trade Activities” is defined as the activity of transactions in the field of foreign trade in goods, services, information and intellectual property.

The main principles of state regulation of foreign trade activities are:

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 Russian manufacturers and consumers of goods and services;

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

3) 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 a judicial or other 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 of the well-known classifications of methods of state regulation of foreign economic activity is their division into administrative-legal and economic methods.

Administrative-legal methods include:

Legislative support of foreign economic activity (adoption of laws, development of procedures and establishment of norms);

control over compliance with laws, procedures and regulations, the application of sanctions for their violation;

· adoption and implementation of compulsory administrative and legal decisions in relation to state and non-state companies (closure of bankrupt companies, disaggregation of monopolists, etc.);

· Issuance of permits, imposition of prohibitions and restrictions on the activities of economic entities.

Economic methods include:

· impact on the behavior of economic entities by regulating domestic prices and tariffs, the exchange rate, other financial parameters and instruments;

· redistribution of financial flows with the help of taxes, duties, subsidies, subsidies and other methods of financing.

Another common classification is the division of foreign trade regulation methods into tariff and non-tariff ones.

Some experts refer to tariff measures as customs duties and other customs-tariff measures, while others include all types of customs duties, customs duties and other types of customs payments. However, most scientists and specialists agree that the main instrument of tariff regulation is the customs tariff.

The customs tariff is a set of customs duty rates, systematized in accordance with the TN VED, collected when goods cross the customs border of the state.

Non-tariff measures of foreign economic regulation - a set of measures of an economic, administrative, technical nature (with the exception of the customs tariff), which impede free trade between states.

To non-tariff restrictions economic nature relate:

Anti-dumping measures;

Various types of taxation: value added tax from the importer, turnover tax, excise duties, special import taxes and fees, etc.;

Monetary and financial measures.

Non-tariff restrictions of an administrative nature include:

Import prohibition;

Quantitative restrictions: individual, tariff, seasonal, global quotas;

Licensing;

Voluntary export restrictions.

Non-tariff restrictions of a technical nature include:

National standards, product certification systems;

Requirements established by the sanitary-veterinary and health authorities;

environmental requirements;

Requirements for packaging and labeling of goods.

The classification scheme developed by the GATT Secretariat in the early 1970s currently includes more than 800 specific types of non-tariff measures and combines all non-tariff restrictions into 5 main categories:

1. Restrictions caused by the participation of the state in foreign trade operations. These include subsidies and grants to exporters or import-substituting industries, the preferred system for placing government orders, the use of local semi-finished products and components for certain conditions; measures that discriminate against the transportation of foreign goods and foreign carriers, etc.

2. Customs and other administrative import and export formalities, such as complicated customs clearance procedures, as well as methods for assessing the customs value and country of origin of goods; excessive requirements for the necessary documentation for registration.

3. Technical barriers to trade: standards and requirements related to environmental, sanitary, veterinary regulations, packaging and labeling of goods, rules and procedures for certification of products.

4. Quantitative and related administrative measures, such as import quotas, export restrictions, licensing, voluntary export restrictions, bans, and foreign exchange restrictions.

5. Restrictions based on the principles of securing payments, namely: taxes, fees, import deposits, sliding taxes, anti-dumping and countervailing duties, border taxation.

This classification of non-tariff restrictions and the catalog compiled on its basis have found wide application in the course of international trade negotiations and have served as a theoretical basis for the formation of classification schemes for non-tariff restrictions by other international organizations.

In accordance with Article 12 of Federal Law No. 164-FZ of 08.12.2003 “On the Fundamentals of State Regulation of Foreign Trade Activities”, state regulation of foreign trade activities in the Russian Federation is carried out through:

1) customs and tariff regulation;

2) non-tariff regulation;

4) economic and administrative measures that promote the development of foreign trade activities and are provided for by this Federal Law.

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

Customs tariff regulation is a method of state regulation of foreign trade in goods, carried out by applying import and export customs duties.

In accordance with Article 1 of the Customs Code, customs regulation consists in establishing the procedure and rules under which persons exercise the right to move goods and vehicles across the customs border of the Russian Federation.

In accordance with Article 2 of Federal Law No. 164-FZ of 08.12.2003 “On the Fundamentals of State Regulation of Foreign Trade Activities”, 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.

The Government of the Russian Federation in exceptional cases may establish the following measures of non-tariff regulation:

1) temporary restrictions or prohibitions on the export of goods to prevent or reduce a critical shortage in the domestic market of the Russian Federation of food or other goods that are essential for the domestic market of the Russian Federation. The list of essential goods is determined by the Government of the Russian Federation;

2) restrictions on the import of agricultural goods or aquatic biological resources imported into the Russian Federation in any form, if necessary:

a) reduce the production or sale of a similar product of Russian origin;

b) reduce the production or sale of goods of Russian origin, which can be directly replaced imported goods if there is no significant production of a similar product in the Russian Federation;

c) remove from the market a temporary surplus of a similar product of Russian origin by providing the existing surplus of such a product to certain groups of Russian consumers free of charge or at below market prices;

d) withdraw from the market a temporary surplus of goods of Russian origin, which can be directly replaced by imported goods, if there is no significant production of a similar product in the Russian Federation, by providing the existing surplus of such goods to certain groups of Russian consumers free of charge or at below market prices;

e) restrict the production of products of animal origin, the production of which depends on the goods imported into the Russian Federation, if the production in the Russian Federation of a similar product is relatively insignificant.

Licensing in the field of foreign trade in goods 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 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;

3) granting the exclusive right to export and (or) import certain types of goods;

4) fulfillment by the Russian Federation of international obligations.

Quotas and licensing of foreign trade in goods can have two goals: protection of national interests not related or indirectly related to the economy (security, environment, cultural heritage, etc.) and protection of the national market from disruptive imports or exports.

Export quotas are used when prices this product in the domestic market is lower than in the world market. As a result, with an unlimited scale of exports, there may be a shortage of it in the domestic market. Similar situation was quite typical for Russia, so export quotas were widely used in our country until recently. The number of goods subject to quotas, however, declined as domestic prices approached world prices.

With regard to licensing and import quotas, the import quota, by restricting the import of foreign goods into the country, leads to an expansion of demand for nationally produced products. The use of a quota allows you to precisely limit the volume of imports, in contrast to an import tariff. While the increase in customs duties may increase the total amount of import payments, the introduction of a quota guarantees their reduction. Therefore, quotas make it possible to deal with the balance of payments deficit more effectively than tariff protectionism.

In order to monitor the dynamics of exports and (or) imports of certain types of goods, as a temporary measure, monitoring of the exports and (or) imports of certain types of goods may be established, which is carried out by issuing permits for the export and (or) import of certain types of goods.

In accordance with Article 26 of Federal Law No. 164-FZ of 08.12.2003 “On the Fundamentals of State Regulation of Foreign Trade Activities”, the right to carry out foreign trade activities may be limited by granting the exclusive right to export and (or) import certain types of goods, which is carried out on the basis of a license .

In accordance with the federal law mentioned above, special protective measures may be introduced, anti-dumping measures and compensatory measures when importing goods to protect the economic interests of Russian producers of goods.

An important component of the mechanism of state regulation of foreign economic activity is customs. Its content is determined by the correlation between the mechanisms of market and state regulation of foreign economic activity that developed in the corresponding period and is fixed by the norms of the legislation in force in the country.

The degree of achievement of the goals of state regulation of foreign economic activity largely depends on the effectiveness of the customs business. In turn, as these goals are realized and new guidelines are chosen, the content of the customs business itself is also changing.

Customs permeates the entire set of methods and tools regulation of foreign economic activity . So, the composition of the customs business includes both administrative-legal and economic methods of influencing participants in foreign economic activity. Customs clearance and subject to control are goods and vehicles moved across the customs border as part of both trade and non-trade turnover. To some extent, all subjects of state regulation of foreign economic activity are engaged in the development, formation of a mechanism for the implementation and implementation of customs policy.

2. Customs policy: concept, content, implementation

There is no definition of customs policy in the current Customs Code.

Customs policy can be defined as a system of economic, legal, organizational and other measures carried out by the state and aimed at the comprehensive regulation of customs relations and the implementation of internal and external economic interests of the Russian Federation.

Customs policy is an integral part of the domestic and foreign policy of the state. Customs policy is carried out in order to:

· ensuring the most effective use of the instruments of customs control and regulation of commodity exchange in the customs territory of the country;

· participation in the implementation of trade and political tasks to protect the domestic market;

stimulating the development of the national economy;

· for other purposes determined by the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation.

Customs policy, as well as state policy in general, is based on the principles of unity, stability, independence, openness, equality, recognition of the priority of international treaties and agreements. At present, the tasks of Russia's customs policy are largely determined by the prospects for its entry into the World Trade Organization.

The role and content of the customs policy are determined by many components brought into it from other policies. It turns out to be closely connected with them and is in relation to direct or indirect subordination to them. This subordination is also due to the fact that its formation and implementation is influenced by a whole field of forces, the source of which is not only politicians, but also state, public, business structures both within the country and at the international level, some of which are subjects, others - objects of customs policy.

The subjects of customs policy that develop it, form the mechanism for its implementation and take part in its implementation include legislative and executive bodies states, unions of entrepreneurs, commercial banks, international organizations.

The objects of customs policy are participants in foreign economic activity, other institutions and organizations whose interests are affected by customs policy.

political factors (state policy, or the activities of public authorities and government controlled determined by their interests and goals, including domestic politics, foreign policy, economic policy, etc.);

economic factors (growth rates of gross domestic product countries, dynamics of investment and innovation activity, scientific and technical potential, state and dynamics of material production and non-production sphere, state financial system, the size and dynamics of the shadow sector of the economy, the size of external and domestic public debt, the size and structure of exports and imports, etc.);

· social factors (social status population of the country, including its differentiation by property, priorities social development, unemployment rate, etc.);

· external factors(state and development trends international trade and tourism, participation of the country in international and regional economic organizations, accession to international treaties, conventions, agreements in the field of foreign economic and customs activities, etc.).

There are two main types of customs policy: protectionist customs policy and policy free trade.

The protectionist customs policy provides for the establishment of a high level of customs taxation of foreign goods imported into the domestic market.

The policy of free trade is achieved by establishing a minimum level of customs duties or in their absence.

The most difficult procedure for the implementation of any policy, including customs, is its implementation - the process of achieving the goals set by the state. The implementation of the state customs policy is regulated by the relevant regulatory legal acts and includes the application of measures of customs tariff and non-tariff regulation of foreign trade.

The customs policy of Russia contributes to the development of the national economy, its integration into world economy. Currently, in the Russian Federation, the state customs policy is formed by expert means, in the course of developing a set of customs-tariff and non-tariff measures for regulating foreign economic activity. Legislatures take regulations governing this type of activity. The President of the country issues relevant decrees and orders. The Government of the Russian Federation, based on existing laws, decrees and orders of the President, adopts relevant resolutions. The Federal customs Service Russian Federation.