Legal incentives in customs law

Abstract

The subject of the study is legal incentives that regulate customs legal relations and encourage subjects of foreign economic activity to behave lawfully. The object of the study is the social relations arising in the process of moving goods across the customs border of the EAEU, regulated by the norms of customs law. The subject of the study is the norms of law that encourage persons initiating the movement of goods and subjects of activity in the field of customs affairs to conscientiously comply with customs legislation and mutually beneficial cooperation with customs authorities. The relevance of the study is confirmed by the Strategy for the Development of the Customs Service of the Russian Federation until 2030, according to which the strategic goal of the development of the Federal Customs Service is the formation of a customs service that is invisible to law-abiding businesses and effective for the state. To achieve this goal, the guidelines for its achievement are outlined, including the creation of competitive advantages for bona fide participants in foreign economic activity and authorized economic operators who stimulate the development of foreign economic activity. General scientific research methods were used in the work, such as the method of system analysis and synthesis of scientific knowledge, the method of dialectical cognition, the logical method, as well as comparative legal and formal-logical methods. In the results of the conducted research, we formulate the following main provisions on legal incentives governing customs legal relations: 1. The role of legal incentives in customs legislation will increase, since the creation of competitive advantages for bona fide participants in foreign economic activity is one of the strategic goals of the Federal Customs Service until 2030. Stimulating norms make it possible to achieve mutual benefits for the state and business, therefore, the future belongs to them. 2.Legal incentives include: 1) obtaining a special status, since upon voluntary compliance with the conditions for inclusion in the special status register established by the customs legislation of the EAEU, a legal entity receives privileges inaccessible to persons without such status, the amount of which depends on the type of certificate received; 2) categorization of participants in foreign economic activity into risk levels (in essence, the scale of control measures applicable to them) depending on compliance with lawful actions beneficial to the state; 3) voluntary notification by the declarant (customs representative) of the fact of an offense committed by him before the customs authorities begin verification measures as an opportunity to be released from administrative responsibility.