Modern Problems and Ways of Development of Public Customs Control in Russia

Abstract

Annotation. The article is devoted to the analysis of modern problems and ways of development of public customs control in Russia. The role and importance of the institution of public control in the system of legal guarantees for the implementation, protection and defense of the system of constitutional principles, the system of human and civil rights and freedoms, as well as the rights and legitimate interests of public associations and other non-governmental non-profit organizations is substantiated. The analysis of points of view in scientific and educational literature on the possibility of public customs control in Russia, its grounds and limits is carried out. The possibility and necessity of functioning of public control in the customs sphere are substantiated, the author's definition of the concept of “public customs control” is given. The modern problems hindering the implementation of public customs control in Russia are formalized and analyzed: the lack of formalization of this institution of civil society in the Constitution of the country; the failure to consolidate the institution of public customs control in customs legislation; the removal from the subject of Federal Law dated of 21.02.2014 № 212-FL “On the Basics of Public Control in the Russian Federation” of objects related to the field of law enforcement agencies (including customs); the lack of development in the Russian scientific legal doctrine of specific forms, methods and types of measures of public customs control; weak powers of its subjects; weak material and technical database of subjects; weak use of positive foreign experience of civil society control in the customs sphere in their work. The resolution of these problems will require, in particular: the incorporation of the institution of public control into the Basic Law of the country, and its varieties in the customs sphere into the legislation on public control; the expansion of the powers of subjects of public customs control and the development of the material and technical base of their activities, taking into account the positive foreign experience of civil society control in the customs sphere; the organization by the Public Chamber of the country of scientific- practical research on the development of specific forms, methods and types of public customs control measures.