Principles and methods of state regulation of foreign economic activity. Goals of state regulation of foreign economic activity. Goals and principles of state regulation of foreign economic activity in the Russian Federation

State regulation of foreign economic activity is a system of measures of a legislative, executive, controlling nature, carried out by authorized state authorities and aimed at achieving the intended goals.

Typically, goals state regulation Foreign trade activities are established and fixed by the state at the legislative level. IN Russian Federation they were enshrined initially in the Federal Law "On the State Regulation of Foreign Trade Activities" of 1995, and at the moment - in the current Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities" of 2003.

The currently formed mechanism of state regulation of foreign economic activity is aimed at:

Protection of economic sovereignty;

Ensuring the economic security of the Russian Federation;

Stimulation of the development of the national economy in the implementation of foreign economic activity;

Ensuring the conditions for effective integration of the economy of the Russian Federation into world economy.

Protecting economic sovereignty. The concept of economic sovereignty is derived from the category of state sovereignty and means the completeness of state power in the system of domestic economic relations and participation in international economic relations in accordance with the principle of the sovereign equality of states.

Objective trend of internationalization economic activity, the intensification of the participation of the Russian Federation in the international division of labor creates the basis for a more complete interpenetration Russian economy and the world economy.

Ensuring the economic security of the Russian Federation. State regulation of foreign economic activity is aimed at maintaining the economic security of the Russian Federation, which means ensuring such a state of the Russian economy that would guarantee a sufficient level of social, political and defense existence and progressive development of the Russian Federation, invulnerability and independence of economic interests in relation to possible external and internal threats and influences.

The National Security Concept of the Russian Federation (approved by Decree of the President of the Russian Federation of December 17, 1997 N 1300, as amended by Decree of the President of the Russian Federation of January 10, 2000 N 24) stipulates that “ensuring national security and protecting the interests of Russia in economic sphere are priority areas state policy." At the same time, the need to strengthen the protection of the interests of domestic producers “in the context of liberalization foreign trade Russia and the aggravation of competition in the world market of goods and services.

Stimulating the development of the national economy in the implementation of foreign economic activity. IN Lately foreign trade manifests itself as a dynamically developing sector of the Russian economy, as evidenced by the data of foreign trade and customs statistics.

State regulation of foreign economic activity is aimed at progressive changes in the structure of production and consumption of goods in the Russian Federation. The foreign trade policy of the Russian Federation is focused on achieving this goal - the purposeful activity of the state to regulate international commodity exchange (volume, structure and conditions of export, import and transit) by establishing an appropriate foreign trade regime. It aims to provide:

best conditions access of Russian goods to world markets;

Effective level of protection of the domestic market of goods;

Access to international resources of strategic importance for economic development(such as capital and technology, goods and services, the production of which is absent or limited in the Russian Federation);

Favorable balance of payments of the country;

Efficiency Improvement state support export of products with high added value;

Compliance with the principle of reciprocity - a favorable balance of mutual concessions and obligations.

Providing conditions for effective integration of the economy of the Russian Federation into the world economy.

Foreign trade regulation is aimed at enhancing the ties between the Russian economy and the world economy. In the interests of developing and strengthening international economic integration, the Russian Federation creates with other states customs unions, free trade zones, concludes agreements on trade and economic issues, cooperation in the customs sphere, etc.

The National Security Concept of the Russian Federation (Section IV) lists the following as the most important tasks in the foreign economic sphere:

Creation of favorable conditions for the international integration of the Russian economy;

Expansion of sales markets for Russian products;

Formation of a single economic space with the CIS member states.

State regulation of foreign economic activity can be aimed at solving macroeconomic problems (stabilizing the national economy, ensuring sustainable growth, solving the most acute socio-economic problems, etc.), as well as economic problems at the micro level (i.e. at the level of business entities, participants externally economic activity).

Thus, based on the provisions of Art. 1 of the Federal Law of 08.12.2003 N 164-FZ "On the basics of state regulation of foreign trade activity" the objectives of state regulation of foreign economic activity are:

Formation of the legal basis for state regulation of foreign trade activities;

Determining the powers of the Russian Federation and the constituent entities of the Russian Federation in the field of foreign trade activities in order to ensure favorable conditions for foreign trade activities, as well as to protect the economic and political interests of the Russian Federation;

Legal regulation relations in the field of state regulation of foreign trade activities, as well as relations directly related to such activities;

Legal regulation of the peculiarities of export from the Russian Federation and import into the Russian Federation, including from the supply or purchase, of military products, development and production of military products;

Legal regulation of the features of state regulation of foreign trade activities in relation to goods, information, works, services, results of intellectual activity that can be used in the creation of weapons of mass destruction, their means of delivery, other types of weapons and military equipment.

TEST

BY DISCIPLINE: Subjects of foreign economic activity

Topic: "Goals and principles of the state

regulation of foreign economic activity”.

Completed by a student

6 courses correspondence department

35 groups

Kaliningrad 2010

Introduction

1. Goals and principles of state regulation of foreign economic activity;

2. Features of the principles of state regulation

foreign economic activity:

2.1. Ensuring the fulfillment of the obligations of the Russian Federation under international treaties of the Russian Federation and the implementation of the rights of the Russian Federation arising from these treaties;
2.2. Unity of the system of state regulation of foreign trade activities;

2.3. Ensuring the defense of the country and the security of the state;

2.4. Unity of the customs territory of the Russian Federation;

2.5. Choice of measures of state regulation of foreign trade activity;

2.6. Equality and non-discrimination of participants in foreign trade activities, unless otherwise provided by federal law;

2.7. State protection of rights and legitimate interests participants in foreign trade activities, as well as the rights and legitimate interests of Russian producers and consumers of goods and services;

2.8. 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;

Conclusion

Bibliographic list

Introduction

As Russia integrates into world economy foreign economic activity (FEA) is becoming an increasingly important and resulting factor in its economic life.
A fundamentally new sphere of entrepreneurship is being formed, aimed at independent development of the foreign market and subject to the laws of the world economy in its activities. If earlier the sphere of foreign economic relations was, in essence, the lot of only dozens of specialized foreign trade organizations, now many thousands of industrial and trade structures are engaged in foreign trade operations. Appearance on foreign markets Russian business people, often professionally poorly trained, little familiar with state regulation of foreign economic activity, often leads to unforeseen results. Therefore, it is so important to know the physical and legal entities all the subtleties of state regulation of this type of business. task present work is acquaintance with the state regulation of foreign economic activity and, most importantly, with the principles of state regulation of foreign economic activity, the disclosure of their methods and features.
As you know, a qualified participant in foreign economic activity must not only see the current state of affairs, but also understand in which direction the processes are going in order to correctly solve strategic problems. The role of the state, its bodies and structures in the development organizational system regulation and stimulation of foreign economic activity.

1. Goals and principles of state 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

Russia market economy;

Assistance in increasing labor productivity and the quality of national products by acquiring licenses and patents, purchasing new technologies, high-quality components, raw materials and materials, including Russian enterprises V world competition;

Creating Access Conditions Russian entrepreneurs to the world

markets through the provision of state, organizational, financial, information assistance;

Protection of national foreign economic interests, protection

domestic market;

Creation and maintenance of a favorable international regime in

relations with various states and international organizations.

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 of Russian producers and consumers of goods and services;
2) equality and non-discrimination of participants in foreign trade activities, unless otherwise provided by federal law;
3) the 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 of illegal actions (inaction) government agencies and their officials, as well as the right to challenge the 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.

2. Features of the principles of state regulation of foreign economic activity.

The principles are the starting points in the mechanism of state regulation. They guarantee the continuity and consistency of the rule-making process, ensure the relationship between foreign trade legislation and external trade policy. Principles play a special role in the formation of judicial and administrative practice. They also contribute to the abolition of obsolete and the adoption of new legal norms, the interpretation of legal acts and the elimination of gaps in legislation, etc. Among the principles of state regulation of foreign trade activities, there are general (respect for human rights and fundamental freedoms, legality, federalism, legal equality and judicial protection of subjective rights, etc.) and special ones. The latter are enshrined in Article 4 of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities".

Foreign trade policy is part of foreign policy - the general course of the state in international affairs. Foreign trade policy is subordinated to the goals and requirements of the foreign policy of the state and cannot contradict them. This implies the need to coordinate specific decisions in the field of foreign trade with general settings foreign policy. Foreign policy interests can push arguments into the background economic efficiency particular foreign trade transaction. For example, the accession of the Russian Federation to international sanctions against any state entails the immediate cessation of foreign trade operations with this country, no matter how beneficial they may be.

2.2. Unity of the system of state regulation of foreign trade activities .

The unity of the system of state regulation of foreign trade activity is due to a number of factors, among which, first of all, it is worth mentioning:
- the unity of the purpose of foreign trade regulation: protecting economic sovereignty, ensuring the economic security of the Russian Federation, stimulating the development of the national economy in the implementation of foreign trade activities and ensuring conditions for the effective integration of the economy of the Russian Federation into the world economy;
- the unity of the foreign trade policy of the Russian Federation;
- assigning the following areas of activity to the jurisdiction of the Russian Federation: establishing legal framework single market; financial, currency, credit, customs regulation, money issue, fundamentals pricing policy; federal economic services, including federal banks, etc. ;
- the unity of the customs territory of the Russian Federation.
The legislator supplements the commented principle with the requirement to establish unified system control over the mechanism of state regulation of foreign trade activities. According to Article 35, control over the implementation of foreign trade activities is carried out by the relevant state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation within their competence in order to ensure compliance with the provisions of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities", other federal laws and other regulatory legal acts of the Russian Federation on foreign trade activities, ensuring and protecting the economic and political interests of the Russian Federation and the constituent entities of the Russian Federation, as well as protecting economic interests municipalities and Russian persons.

2.3. Ensuring the defense of the country and the security of the state.

The export control system is a set of measures for the implementation by federal authorities executive power established Russian legislation the procedure for the export of weapons and military equipment from the Russian Federation, as well as certain types raw materials, materials, equipment, technologies and scientific and technical information that can be used in the creation of weapons and military equipment (the so-called dual-use goods), to prevent the export of weapons of mass destruction and other most dangerous types of weapons and technologies for their creation, as well as measures to identify, prevent and suppress violations of this order.
The export control policy is carried out 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. One of necessary conditions achieving the set goals is to ensure the unity of the export control policy.
The guarantor of the unity of the export control policy is the President of the Russian Federation, who regulates cooperation in the military-technical field (Article 12 of the commented Law), approves the lists of goods subject to export control (Article 16 of the commented Law). The procedure for the export of goods, works, services, results of intellectual activity falling under the export control system is determined by the Government of the Russian Federation.
In 1999, the Federal Law "On Export Control" was adopted, which established the principles for the implementation of state policy, the legal basis for the activities of state authorities of the Russian Federation in the field of export control, and also determined the rights, duties and responsibilities of participants in foreign economic activity. In accordance with Article 3 of the said Law, the issues of ensuring export control are within the exclusive jurisdiction of the Russian Federation.

2.4. Unity of the customs territory of the Russian Federation.

The concept of "customs territory" refers to the territory on which the customs legislation of a given country is fully in force.
In accordance with Article 5 of the Law of the Russian Federation "On the Customs Tariff", the customs territory of the Russian Federation is the territory over which the Russian Federation has exclusive jurisdiction in relation to the customs business.
To determine the spatial limits of the customs territory, the concept of "customs border" is used. The customs border is understood as a line limiting the customs territory: "Customs border - the border of the customs territory of the Russian Federation". The customs border outlines the spatial limits of the customs legislation given state and separates the customs territories of neighboring countries. In other words, the customs border establishes the scope of the state's customs sovereignty.
The principle of the unity of the customs territory is aimed at preventing the emergence of foreign trade and customs particularism. It excludes the possibility of internal customs borders.
The principle of the unity of the customs territory is derived from the legal norms contained in Articles 8 and 74 of the Constitution of the Russian Federation, which establishes the unity of the economic space, the free movement of goods, services and financial resources, support for competition and freedom of economic activity; contains a ban on the establishment of internal customs borders, as well as in Article 71 (p. "g"), in which the establishment of the legal foundations of a single market and customs regulation are within the jurisdiction of the Russian Federation.
The principle of the unity of the customs territory is not contradicted by the norms of the customs legislation, which allow the exclusion of certain territories from the composition of the customs territory of the Russian Federation: "Free customs zones and free warehouses may be located on the territory of the Russian Federation. The territories of free customs zones and free warehouses are considered as being outside the customs territory of the Russian Federation , except for the cases determined by this Code and other legislative acts of the Russian Federation on the customs business". The creation of so-called special economic zones in certain territories of the Russian Federation with the establishment of special models of customs regulation for these territories does not contradict this principle.

2.5. The choice of measures of state regulation of foreign trade activities that are no more burdensome for participants in foreign trade activities than is 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;

The state foreign trade policy is carried out through the application of economic and administrative methods of regulating foreign trade activities in accordance with current legislation Russian Federation.
One or another method of regulation involves the use of specific instruments of state regulation of foreign trade activities, which can be conditionally combined into the following groups:
1) customs tariff instruments (import and export tariffs);
2) para-tariff (or quasi-tariff) instruments, the use of which is not formally related to customs and tariff regulation, but actually has a similar effect on foreign trade activity (customs fees and other non-tax customs payments, excises, VAT collected by customs authorities);
3) monetary and financial regulation (the procedure for making currency transactions, currency restrictions, currency control over foreign trade activities, etc.);
4) anti-dumping and countervailing duties, with the help of which the interests of national producers are protected, the fight against underpricing of exported goods and the use of export subsidies;
5) state monopoly on foreign trade individual goods;
6) the establishment of technical barriers to control import deliveries for their compliance with national safety and quality standards;
7) contingenting (quoting) of foreign trade operations, which means limiting export and/or import deliveries a certain amount goods or their total value for a specified period of time;
8) licensing, which involves the issuance of permits (licenses) by authorized executive authorities for export and / or import operations.
On present stage development, the state seeks to regulate foreign trade activities not by administrative prohibitions and restrictions, but through the creation of favorable economic conditions for the implementation of those foreign trade operations that contribute to increasing the efficiency of the Russian economy, the implementation of specific tasks of the socio-economic development of the Russian Federation. Conversely, for transactions that may have an adverse impact on the economy of the country, less favorable economic conditions. For these purposes, economic instruments of foreign trade regulation are used - a decrease or increase in import customs tariff rates, changes in the procedure for performing foreign exchange transactions, etc.
Administrative measures may be used only if it is impossible to achieve the set goals with the help of economic measures. Thus, in accordance with Article 15 of the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities”, quantitative restrictions on exports and imports, which are a type of administrative restrictions on foreign trade activities, can be introduced only for exceptional purposes (to ensure the national security of the Russian Federation, fulfill the international obligations of the Russian Federation, etc. .).

2.6. Equality and non-discrimination of participants in foreign trade activities, unless otherwise provided by federal law.

This principle is closely connected with the constitutional principle of legal equality (Article 19 of the Constitution of the Russian Federation), recognition and protection in the same way of private, state, municipal and other forms of ownership (Article 8 of the Constitution of the Russian Federation).
It should be noted that the constitutional principle of equality of rights and freedoms of man and citizen does not exclude the existence of special rights, benefits and advantages for certain categories of persons. In this case, there is a combination of the principles of equality and justice on the basis of taking into account in the legislation the natural and social differences of certain categories of persons. It is important that the relevant benefits are legislated.
The state should not discriminate against participants in foreign trade activities, that is, provide some entities with conditions for foreign trade activities that are worse than those provided to other entities.

The concept of state regulation of foreign trade. Goals and objectives of state regulation of foreign trade activities. Protectionism, free trade. Legal regulation. Principles of state regulation of foreign trade activity. Participants in foreign trade activities. State authorities. The formation of a multilateral system of regulation of international trade (GATT).

The concept of state regulation of foreign trade activities

State regulation of foreign trade activities - a set of state measures aimed at developing and regulating trade relations with other countries.

State regulation of foreign trade activity is one of the components in the general system of public administration, representing one of the links in state regulation of foreign economic activity.

Legal regulation:

State regulation of foreign trade activity is based on:

Constitution of the Russian Federation

Federal Law No. 164 "On State Regulation of Foreign Trade Activities"

Law "On currency regulation and currency control"

Law "On Customs Tariff"

- "Customs Code of the Customs Union"

Federal Law No. 311 "On state regulation in the Russian Federation"

- "On special protective, anti-dumping and countervailing measures for the import of goods".

- "On export control"

and others federal laws and other regulatory legal acts Russian Federation, as well as generally recognized principles and norms of international law and international treaties of the Russian Federation. Laws determine the general conditions and principles for the implementation of foreign economic activity in Russia.

State regulation of foreign trade activities is carried out in accordance with international treaties of the Russian Federation, Federal Law No. 164, other federal laws and other regulatory legal acts of the Russian Federation 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.

Goals and objectives of state regulation of foreign trade activities.

The goals of state regulation of foreign trade activities are reflected in the trade policy of each country. It is an integral part of economic policy. Trade policy objectives should be consistent with customs policy objectives

Trade policy is part of the state's economy, the main purpose of which is to create favorable conditions for Russian exporters, importers, producers and consumers of goods and services. The trade policy of the Russian Federation is an integral part of the economic policy of the Russian Federation. The goal of the trade policy of the Russian Federation is to create favorable conditions for Russian exporters, importers, producers and consumers of goods and services.

The trade policy of the Russian Federation is built on the basis of observance of generally recognized principles and norms of international law, as well as obligations arising from international treaties of the Russian Federation.

priority The objectives of Russia's foreign trade policy are:

1.. ensuring access for domestic enterprises to world markets for machines, technologies, equipment, information and capital

2. provision of political, financial, informational support in promoting the products of Russian enterprises in international markets

3. development and application of a system of tools, methods that ensure the achievement of state goals - ensuring economic security.

4 protection of the legitimate interests of participants in foreign trade activities,. Achieving a favorable trade and political regime and removing trade and economic barriers

As a rule, the goals of state regulation of foreign trade activity are established and fixed by the state at the legislative level. The currently formed mechanism of state regulation of foreign trade activity aimed on the:

1. Protecting economic sovereignty . The concept of economic sovereignty is derived from the category of state sovereignty and means the fullness of state power in the system of domestic economic relations and participation in international economic relations in accordance with the principle of sovereign equality of states. 2. Ensuring the economic security of the Russian Federation . State regulation of foreign trade activities is aimed at maintaining the economic security of the Russian Federation, which means ensuring such a state of the Russian economy that would guarantee a sufficient level of social, political and defense existence and progressive development of the Russian Federation, invulnerability and independence of economic interests in relation to possible external and internal threats and influences. 3. Stimulation of the development of the national economy in the implementation of foreign trade activities . Recently, foreign trade has shown itself to be a dynamically developing sector of the Russian economy, as evidenced by the data of foreign trade and customs statistics.

State regulation of foreign trade activities is aimed at progressive changes in the structure of production and consumption of goods in the Russian Federation. The foreign trade policy of the Russian Federation is focused on achieving this goal - the purposeful activity of the state to regulate international commodity exchange (volume, structure and conditions of export, import and transit) by establishing an appropriate foreign trade regime. It aims to provide:

The best conditions for the access of Russian goods to world markets; - an effective level of protection of the domestic market of goods;

Access to international resources of strategic importance for economic development (such as capital and technology, goods and services, the production of which is absent or limited in the Russian Federation);

Favorable balance of payments of the country; - improving the efficiency of state support for the export of high value-added products;

Compliance with the principle of reciprocity - a favorable balance of mutual concessions and obligations. 4. Providing conditions for effective integration of the economy of the Russian Federation into the world economy. Foreign trade regulation is aimed at enhancing the ties between the Russian economy and the world economy. In the interests of developing and strengthening international economic integration, the Russian Federation creates customs unions, free trade zones with other states, concludes agreements on trade and economic issues, cooperation in the customs sphere, etc.

The main goals, objectives, principles and instruments of state regulation of foreign trade activities in Russia are formulated in the Federal Law "On State Regulation of Foreign Trade Activities" No. 164. The most important goals of state regulation include: the use of foreign trade relations to accelerate the creation of a market economy in Russia; creation of conditions for the access of Russian entrepreneurs to world markets through the provision of political, organizational, financial, informational 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.

The main strategic task of the foreign economic policy of any country is to ensure favorable conditions in the field of foreign economic activity for the effective development of domestic business.

Principles of state regulation of foreign trade activity.

In Art. 4 FZ-164 formulated basic principles of state regulation VTD:

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 of Russian producers and consumers of goods and services;

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

3) the 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 court or in another 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.

TEST

BY DISCIPLINE: Subjects of foreign economic activity

Topic: "Goals and principles of the state

regulation of foreign economic activity”.

Completed by a student

6 course correspondence department

35 groups

Kaliningrad 2010

Introduction

1. Goals and principles of state regulation of foreign economic activity;

2. Features of the principles of state regulation

foreign economic activity:

2.3. Ensuring the defense of the country and the security of the state;

2.4. Unity of the customs territory of the Russian Federation;

2.5. Choice of measures of state regulation of foreign trade activity;

2.6. Equality and non-discrimination of participants in foreign trade activities, unless otherwise provided by federal law;

2.7. State protection of the rights and legitimate interests of participants in foreign trade activities, as well as the rights and legitimate interests of Russian producers and consumers of goods and services;

Conclusion

Bibliographic list

Introduction

As Russia integrates into the world economy, foreign economic activity (FEA) becomes an increasingly important and resulting factor in its economic life.
A fundamentally new sphere of entrepreneurship is being formed, aimed at independent development of the foreign market and subject to the laws of the world economy in its activities. If earlier the sphere of foreign economic relations was, in essence, the lot of only dozens of specialized foreign trade organizations, now many thousands of industrial and trade structures are engaged in foreign trade operations. The appearance on foreign markets of Russian business people, often professionally poorly trained, little familiar with state regulation of foreign economic activity, often leads to unforeseen results. Therefore, it is so important for individuals and legal entities to know all the subtleties of state regulation of this type of business. The objective of this work is to get acquainted with the state regulation of foreign economic activity and, most importantly, with the principles of state regulation of foreign economic activity, the disclosure of their methods and features.
As you know, a qualified participant in foreign economic activity must not only see the current state of affairs, but also understand in which direction the processes are going in order to correctly solve strategic problems. The role of the state, its bodies and structures in the development of the organizational system of regulation and stimulation of foreign economic activity is considered.

1. Goals and principles of state 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

Russian market economy;

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 access of Russian entrepreneurs to world

markets through the provision of state, organizational, financial, information assistance;

Protection of national foreign economic interests, protection

domestic market;

Creation and maintenance of a favorable international regime in

relations with various states and international organizations.

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 of Russian producers and consumers of goods and services;
2) equality and non-discrimination of participants in foreign trade activities, unless otherwise provided by federal law;
3) the 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 court or in another 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.

2. Features of the principles of state regulation of foreign economic activity.

The principles are the starting points in the mechanism of state regulation. They guarantee the continuity and consistency of the rule-making process, ensure the relationship between foreign trade legislation and foreign trade policy. Principles play a special role in the formation of judicial and administrative practice. They also contribute to the abolition of obsolete and the adoption of new legal norms, the interpretation of legal acts and the elimination of gaps in legislation, etc. Among the principles of state regulation of foreign trade activities, there are general (respect for human rights and fundamental freedoms, legality, federalism, legal equality and judicial protection of subjective rights, etc.) and special ones. The latter are enshrined in Article 4 of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities".

Foreign trade policy is part of foreign policy - the general course of the state in international affairs. Foreign trade policy is subordinated to the goals and requirements of the foreign policy of the state and cannot contradict them. This implies the need to harmonize specific decisions in the field of foreign trade with the general principles of foreign policy. Foreign policy interests can push into the background the arguments of the economic efficiency of a particular foreign trade deal. For example, the accession of the Russian Federation to international sanctions against any state entails the immediate cessation of foreign trade operations with this country, no matter how beneficial they may be.

2.2. Unity of the system of state regulation of foreign trade activities.

Foreign economic relations like any economic category has legal regulations, which are legally formalized by various directive-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 related measures are carried out simultaneously with restrictions on the relevant domestic production and consumption;

ensuring the national security of the Russian Federation;

protection of 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.

The specified 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 Customs Code RF.

In order to protect the national interests of the Russian Federation in carrying out 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.

The state monopoly on the export and (or) import of certain types of 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. 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: