АДМІНІСТРАТИВНА ПРОЦЕДУРА ПРИ ЗДІЙСНЕННІ ЕКСПОРТУ ТА ІМПОРТУ ТОВАРІВ ВІЙСЬКОВОГО ТА ПОДВІЙНОГО ПРИЗНАЧЕННЯ В УКРАЇНІ

Abstract

Purpose. The purpose of the article is to reveal the content and form a categorical definition ofthe administrative procedure for the export and import of military and dual-use goods in Ukrainebased on the existing and prospective legislation and the theory of administrative law. On thisbasis, form the latest concept of development of social relations in the analyzed sphere.Methods. A system of methods of scientific knowledge was used during the research. Using themethod of systematic analysis, various legal sources and empirical material were analyzed andnew generalizations and conclusions were formed on the basis of this. Special legal method –formal-dogmatic gave an opportunity to analyze the current legislation. The forecasting methodensured the development of legislation on administrative procedures for the import of military anddual-purpose goods in Ukraine.Results. It has been proven that administrative procedures are the bottom level of legal regulation,which in most cases are most often directly faced by private individuals and legal entities in orderto ensure their rights, freedoms and legitimate interests in public administration, in particularbusiness entities that export and import goods for military purposes and dual purpose. It wasconcluded that in today’s conditions, the administrative procedures for the export and importof military and dual-purpose goods are regulated by the norms of a special profile Law anda number of secondary legal acts approved by the Government of Ukraine.It has been found that the administrative procedure for the export of military and dual purposegoods from Ukraine, which operated before the full-scale invasion of Russian-terrorist troops intoUkraine on February 24, 2022, was characterized by the monopoly of certain influential groupsclose to the government, which were not interested in the development of weapons productionand other means of fighting, and focused their attention mainly on the sale of weapons thatUkraine inherited from a bygone era. Public finances for the development of domestic armamentswere insufficiently provided, and effective economic and financial methods of attracting privateinvestments were not introduced. As a result, when repelling the armed aggression of Russianterrorist forces, Ukrainian soldiers mainly use outdated weapons and armaments, or thoseobtained from foreign partners. The rapid import of weapons to Ukraine was established thanks tothe goodwill of the top political leadership of the USA, Great Britain, Lithuania, Poland, a dozenother democratic states, and the liberalization of the administrative procedure for importinggoods for military purposes and dual purposes into Ukraine under martial law conditions, asbusiness entities, as well as charitable foundations, which received permits for this from the StateExport Control Office under a simplified administrative procedure. The latest concept of the administrative procedure for the export, import of military and dualpurposegoods from Ukraine is proposed, taking into account the experience gained by the subjectsof importing weapons under martial law and the principles of the Law of Ukraine of February 17,2022 No. 2073-IX “On Administrative Procedure”. After all, the war for domestic manufacturersis a time to improve their products. In some positions, they have good initial positions that areobjectively developed and tested on the battlefield. As a result, after the victory, weapons releasedin Ukraine will be bought by foreign countries with pleasure. At the same time, the new civilsociety will no longer allow a few government officials to monopolize the arms export market.Accordingly, permits for the export of weapons manufactured by domestic manufacturers shouldfirst of all be granted (legalized) to entities that imported them during the war. Next, it is necessaryto carry out systemic reforms, both at the level of foundations and public tools and administrativeprocedures. Therefore, liberalization in this area should be carried out, but not at the expense ofweakening control over the export of weapons, but the admission to it of all entities that meet thespecified conditions, regardless of the form of ownership, both domestic and residents of the USA,Canada, Great Britain, countries EU members (with the exception of Hungary) and other partnerstates, which imported weapons to Ukraine in the face of a full-scale invasion.Conclusions. The administrative procedure for the export and import of goods for military anddual purpose in Ukraine is a procedure defined by law for consideration and resolution of casesregarding the issuance to business entities of permits to import into Ukraine and (or) export fromUkraine weapons, goods for military and dual purpose. The provisions of the Law of Ukraineof February 17, 2022 No. 2073-IX “On Administrative Procedure” do not directly apply to theapproval of the administrative procedure for the export, import of goods for military use and dualpurpose, however, the categorical apparatus and principles defined in it must be used in a specialregulatory and legal high-level act - the new version of the Law of Ukraine “On State Control ofInternational Transfers of Military and Dual-Use Goods”, or, more appropriately, in the new draftof the Law of Ukraine “On Export, Import of Weapons, Military and Dual-Use Goods”.