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Foreign trade activity- is an activity for the implementation of transactions in the field foreign trade goods, services, intellectual property and information.

Foreign trade in goods- is the import and (or) export of goods. Its object is the goods, that is, movable property, as well as those classified as real estate air, sea ​​vessels, vessels of inland navigation and mixed (river - sea) navigation and space objects, as well as electrical energy and other types of energy. Foreign trade in goods can be carried out in the form of exports and imports. Export of goods is the export of goods from the customs territory of the country without the obligation to re-import, and the import of goods is the importation of goods into the customs territory of the country without the obligation to re-export.

Foreign trade in services- provision of services (performance of works), including production, distribution, marketing, delivery of services (works). Delivery of goods in foreign trade activities is carried out the only way- by moving it across the border. Unlike goods, the supply of services is carried out by one of the following methods or a combination of them:

• cross-border supply of services;
• movement of consumers to the exporting country;
• establishing a commercial presence in the country consuming the service;
• temporary movement of individuals to another country for the purpose of providing a service.

AT Russian legislation The following methods of foreign trade in services are distinguished:

• from the territory of the Russian Federation to the territory of a foreign state;
• from the territory of a foreign state to the territory of the Russian Federation;
• on the territory of the Russian Federation to a foreign customer of services;
• on the territory of a foreign state to a Russian customer of services;
• by a Russian service provider that does not have a commercial presence in the territory of a foreign state, through the presence of him or persons authorized to act on his behalf in the territory of a foreign state;
• by a foreign service provider that does not have a commercial presence in the territory of the Russian Federation, through the presence of him or foreign persons authorized to act on his behalf in the territory of the Russian Federation;
• by a Russian service provider through commercial presence on the territory of a foreign state;
• by a foreign service provider through commercial presence on the territory of the Russian Federation.

Foreign trade in intellectual property- is the transfer of exclusive rights to objects of intellectual property or the granting of the right to use objects of intellectual property by a Russian person to a foreign person or by a foreign person to a Russian person.

Foreign trade in information carried out in the following forms:

• in the form of foreign trade in goods, if the information is integral part these goods;
• in the form of foreign trade in intellectual property, if the transfer of information is carried out as a transfer of rights to objects of intellectual property;
• in the form of foreign trade in services in other cases.

Russia's foreign trade provides employment for a significant part of the country's able-bodied population, guarantees the stability of the ruble, is an important force shaping the country's growing state budget, and largely ensures sustainable development economy of the Russian Federation. Approximately 40% of the country's GDP is formed in export operations.

The agreement on the sale of goods is drawn up foreign trade agreement . This is a commercial document confirming the completion of a transaction, it is drawn up in accordance with the law and business customs and, as a rule, includes the following sections:

• preamble
• subject of contract
• delivery time of goods
• price and total cost of goods
• payment terms
• quantity and quality of goods
• packaging and labeling
• delivery and acceptance of goods in terms of quantity and quality
• liability for violation of the terms of the contract, sanctions
• grounds for exemption from liability (force majeure)
• insurance
• arbitration
• other conditions
• details of the parties.

Documentary support of a foreign trade transaction includes customs, transport and commercial documents. Customs documents- These are documents drawn up exclusively for customs purposes. These include the customs declaration. This is a document in which, in the prescribed form, the information necessary for submission to the customs authority is indicated. Assistance in registration customs documents enterprises engaged in export activities are provided by customs brokers. Customs broker (representative) is an intermediary that performs customs operations on behalf of and on behalf of the enterprise. The rights, duties and responsibilities of a customs broker on the territory of the Russian Federation are defined in the Customs Code of the Russian Federation.

To the number transport (shipping) documents include a bill of lading, waybill or other documents confirming the existence and content of the contract for the carriage of goods and accompanying goods and vehicles for international shipments. Commercial Documents- this is an invoice (invoice), shipping and packing lists and other documents that are used in accordance with international treaties, legislation or customs of business turnover in the implementation of foreign trade activities and which, by virtue of law, agreements of the parties or customs of business turnover, are used to confirm the completion of transactions related to the movement of goods across the customs border.

Question 1. Definitions of foreign economic activity and foreign trade activities in legislative acts

The term "foreign economic activity" was first legislated in the Constitution of the USSR in 1977, where it was written: "foreign trade and other types of foreign economic activity" indicating their conduct on the basis of state monopoly. However, the very concept of foreign economic activity was not disclosed at that time.

The content of the concept of foreign economic activity in Russian legislation was deciphered relatively recently, namely, in the Federal Law of July 18, 1999 No. 183-FZ “On Export Control”, which states: “Foreign economic activity is foreign trade, investment and other activities, including industrial cooperation, in the field of international exchange of goods, information, works, services, results of intellectual activity, including exclusive rights to them (intellectual property).

The concept of VTD was originally formulated in the Federal Law of October 13, 1995 No. 157-FZ "On the State Regulation of Foreign Trade Activities", and then adjusted in the Federal Law of December 8, 2003 No. 164-FZ "On the Fundamentals of State Regulation of Foreign Trade Activities" : "foreign trade activity - activities for the implementation of transactions in the field of foreign trade in goods, services, information and intellectual property." In this definition, the content of the VTD is disclosed more precisely than in the previous law, although its multi-level nature is not reflected.

The Law of 2003 singled out four groups of objects (subjects) of VTD: goods, services, information and intellectual property. In passing, we note that such a classification of objects of trade is quite applicable for both foreign trade and domestic trade. The law specifies the content of foreign trade for each of the listed objects. Let us decipher the relevant provisions of the law, accompanying them with some comments.

1. Foreign trade in goods - import and (or) export of goods. Goods as the subject of VTD are considered to be movable property, classified as real estate vessels - air, sea, inland and mixed (river - sea) navigation and space objects, as well as electrical energy and other types of energy. At the same time, in
vehicles used under international transportation contracts are not considered as goods.

This definition removed some of the previous discrepancies in the understanding of the term "goods". In essence, these are materialized objects of foreign trade exchange, the so-called "visible goods". In general, in Russian foreign trade, as well as in international trade as a whole, many goods are circulating, which are products of material production. All of them can be divided into several large groups:

Mineral raw materials and fuel (this product group also includes electricity and other types of energy);

Agricultural, food and forest products (including fish and marine products);

Non-food consumer goods (fabrics, clothing, shoes, furniture, dishes and other household items, medicines, perfumes and cosmetics, etc.);

Machinery and equipment (scattered and complete, and this group often includes vehicles, electronic equipment, Appliances and some other types of machine-technical products);

Other finished products and semi-finished products.

In foreign trade documents, the name of each specific commodity item should be indicated strictly in accordance with the FEACN.

2.Foreign trade in services - provision of services (including the performance of works), including the production, distribution, marketing and delivery of services (works). Services are provided in the following ways:

From the territory of the Russian Federation to the territory of a foreign state;

From the territory of a foreign state to the territory of the Russian Federation;

On the territory of the Russian Federation to a foreign customer of services;

On the territories of a foreign state to a Russian customer of services;

By a Russian service provider that does not have a commercial presence in the territory of a foreign state, through the presence of him or persons authorized to act on his behalf in the territory of a foreign state;

Foreign performer services that do not have a commercial presence in the territory of the Russian Federation, through the presence of him or foreign persons authorized to act on his behalf in the territory of the Russian Federation;

Russian service provider through commercial presence in the territory of a foreign state;

A foreign service provider through a commercial presence in the territory of the Russian Federation.

The above definition is essentially close to that contained in the General Agreement on Trade in Services (GATS), where trade in services is defined as their cross-border movement, as well as production and consumption by foreign legal entities and individuals in the customs territory of a participating country.

From this definition, there are three main ways of providing services:

Cross-border supply of services from the territory of one country to
the territory of another country, and the supplier and consumer of a certain service (legal entities or individuals) are located on opposite sides of the customs border (for example, through modern means of communication, the necessary information is communicated to a foreign customer in another country);

Provision of services (medical, tourism, etc.) in the territory of one country to consumers from other countries;

Provision of services (consulting, banking, etc.) by a supplier of one country, permanently or temporarily present in the territory of another country.

Thus, in international trade, not only services themselves can move from country to country, but also producers and consumers of services. Hence, the export of services is considered not only the provision of services by a producer in another country (country of consumption), but also the consumption of services by foreign persons in the country where they are produced.

Let us note that in the new law the concept of “services” is interpreted more broadly than in the previous one, including the performance of various works.

3. Foreign trade in information can be carried out in two ways: information acts either as an independent object of the VTD or as an integral addition to other objects of the VTD. Identification of foreign trade in information with other objects of the VTD is indicated in the following cases:

If the information is an integral part of the goods sold, this is considered foreign trade in goods;

If the transfer of information is carried out as a transfer of rights to objects of intellectual property, this applies to external
trade in intellectual property;

In other cases, it is regarded as foreign trade in services.
The information required to use the supplied product is usually referred to as accompanying information.

4. Foreign trade in intellectual property - transfer of exclusive rights to objects of intellectual property or granting the right to use objects of intellectual property by a Russian person to a foreign person or by a foreign person to a Russian person.

The concept of "intellectual property" includes the exclusive right of the owner to dispose of the results of his intellectual activity. The objects of trade in the results of intellectual activity are otherwise called goods of spiritual production. These include scientific and technical inventions and discoveries, new technologies, know-how, software products, works of literature and art, sold in the form of licenses, patents, copyrights.

The purchase and sale of these intellectual property objects can be carried out on the terms simple agreement(without granting the buyer the exclusive right to use the intellectual property object) or by granting the buyer the exclusive right to use such object in the contractual territory.

Question 2. Differences in character commercial activities in foreign and domestic markets

Foreign economic activity in general covers activities government agencies in this area and direct participants in foreign economic activity - economic entities engaged in foreign economic operations, as well as organizations assisting them.

In recent years, foreign economic activity of enterprises and other commercial organizations which is considered to be the microeconomic level. At the same time, foreign economic activity is also carried out at the macro level on the scale of the entire state, individual regions and subjects of the Russian Federation. It is quite legitimate to mention such levels of foreign economic activity as nationwide (federal), sectoral, regional, as well as subjects of the Russian Federation and municipalities.

We single out the following characteristics FEA:

1. Foreign economic activity is an integral part of general economic activity. Through the channels of foreign trade, the sale of export products produced in the country is ensured on the foreign market, and through imports, domestic needs are more fully satisfied in a variety of goods for industrial and consumer purposes.

2. FEA is closely related to foreign policy activities and is able to actively contribute to the implementation foreign policy countries by economic methods, in particular through sales and purchases of goods vital for the economy of certain foreign countries.

3. Foreign economic activity in the form of commercial activity in the foreign market differs significantly from similar work in the domestic market.

Commercial activities in the foreign market, in comparison with similar activities within the country, are characterized by many features. At the same time, there are some common features international commercial activities inherent in most foreign national (country) markets, as well as specific features characteristic of individual countries:

1. Organizational and legal conditions international trade are based on the national laws of the counterparty countries, as well as the rules arising from international agreements, especially those that operate on a multilateral basis. In the customs, currency, tax, environmental, sanitary, technical rules of foreign countries there are significant differences from the current Russian standards. It is also necessary to take into account the trade customs established in foreign countries, the established rules of commercial activity, and the existing trade practice. An important role in international commercial activity is played by special markets: international commodity exchanges, auctions, auctions. For many commodities, special conditions trade, provided for by international commodity agreements in order to stabilize world prices based on the normalization of the ratio of supply and demand in the relevant world commodity markets.

2. Market capacity and competition between sellers

The world market as a set of many national markets different big capacity and spicy competition. The world market as a whole is much wider than ours. domestic market. There are many sellers offering their goods, and many buyers interested in purchasing goods. Under these conditions, reputable sellers, interested in the constant sale of their goods in a particular market, thoroughly study potential buyers, their real needs, trying to find reliable customers, if possible, permanent ones.

This situation is usually beneficial for Russian importers (buyers), but creates considerable difficulties for producers and exporters (sellers). In conditions of intense competition between many producers and sellers in foreign markets, it is by no means easy for a new businessman to find his niche there.

3. Marketing activities

The world market, as a rule, is not characterized by a shortage of goods, but more often by an abundance of various goods. This encourages sellers to actively marketing research, choose the most effective advertising media in the relevant market segments, constantly adapt to the changing needs of foreign consumers.

4. Sellers Services

Foreign buyers and consumers are accustomed to receiving a wide range of services from sellers. Initially, buyers expect to receive detailed information about the quality characteristics, technological properties, purpose and ways of using a particular product. Particular importance is attached to questions Maintenance engineering products for both consumer and industrial purposes. The range of technical services includes pre-sales preparation of goods, after-sales maintenance during the warranty period and in the post-warranty period.

In this regard, Russian exporters, when selling various kinds products in foreign markets, you have to take care of providing foreign buyers with more services than is practiced in the domestic market, including providing increased warranties, organizing maintenance in the buyer's country, etc. Russian importers, in turn, should seek from foreign suppliers to obtain the maximum volume of services to effectively control their actual receipt.

5. Pricing, determining the level of contract prices

When concluding foreign trade transactions, foreign merchants are guided by the level of world prices, which are formed on the basis of prices big deals concluded in the leading centers of world trade. The fundamental pricing factor is the ratio of supply and demand for a particular product at a given moment. At the same time, other factors can have a considerable influence on the price level, for example, the state of the general economic situation, the seasonality of the production and consumption of the relevant product, state regulation measures (subsidizing and subsidizing exports, import restrictions, etc.), as well as non-economic circumstances related to the emergence of political, military, ethnic and other problems.

6. Brand structure of commodity markets, business reputation firms

In world trade, each product market is characterized by a certain corporate structure. Among the many firms operating in one or another commodity market, the strongest positions are those that have a high share in this market. As a rule, such firms achieve high prestige in the business world as a result of many years of productive commercial work.

Acquired by a manufacturing or commercial firm reputation is an important attraction for national and foreign merchants. Reputable foreign businessmen strive in every possible way to strengthen their position in the market, to establish their authority in the business world, to win a benevolent attitude, the sympathy of trading partners. Therefore, they greatly value their reputation, business ties, and try to expand the circle of reliable commercial partners in their country and abroad.

Question 3. Types and forms of foreign economic activity

Many types of foreign economic activity recommended to Russian exporters for expanding and ennobling exports are mentioned in federal program export development. This document, approved by Decree of the Government of the Russian Federation of February 8, 1996 No. 123, states that “more than twenty basic forms of economic cooperation are known to world practice, and many forms are used outside pure form but in combination with other forms. Each form has its own economic and organizational features, the skillful use of which in specific situations can guarantee the greatest return for the Russian side.” It also states that "for Russia, the main form of cooperation is foreign trade operations."

So, the basis of all foreign economic activity is still international trade, including the export and import of various goods in material form, barter transactions, the provision of various services, the performance of certain works in interaction with foreign contractors, etc.

Let us dwell on other types (forms) of foreign economic activity, which are known in our country and are considered promising:

1. Military-technical cooperation(MTC) with foreign countries, about which open publications began to appear only relatively recently. In 1998, Federal Law No. 114-FZ “On Military-Technical Cooperation of the Russian Federation with Foreign States” was adopted, in which military-technical cooperation is defined as “activities in the field of international relations related to the export and import, including the supply or purchase of products military purpose, as well as with the development and production of military products.

2. In areas scientific-technical and scientific-industrial cooperation With foreign partners- industrial cooperation, creation of joint ventures, R&D, research and development, including unique ones, provision of high-tech services (including space services for launching foreign-made satellites into orbit, selling aerial photographs of their territory to foreign countries), trading in licenses, patenting inventions , trademark registration.

3. Construction and design and construction services include the construction of facilities abroad with the assistance of Russian organizations and in our country with the participation of foreign firms, which may be preceded by design and survey work, as well as the modernization of previously built facilities, the provision of engineering and consulting services (engineering).

4. And investment cooperation- attracting foreign investment (capital investment in the Russian economy) and investing abroad, which can also include the creation of joint ventures, FDI, international associations and other organizations.

5. C cooperation in the monetary, financial and credit sphere, including the receipt and provision of loans, financing of various projects, the implementation of payment and settlement operations and insurance operations.

6. Due to the rapid development of the global market tourism services as an independent type of foreign economic activity can be distinguished foreign tourism - export and import of tourist services. The export of tourist services provides income from the stay of foreign tourists in our country, and the import entails the cost of paying for the departure of tourists from Russia and their stay in foreign countries.

7. Cooperation on a compensatory basis covers both simple and complex offset transactions, processing of raw materials tolling (tolling) and other types of countertrade.

8. Cooperation in the field of transport- international shipping export and import cargoes, transit transportation of foreign cargoes, forwarding services. Cooperation is increasingly intertwined with this type of foreign economic activity in the field of communications and informatics using modern electronic means, mass media, including TV, radio broadcasting, newspaper and magazine and documentary and cinematographic products.

9. C socio-cultural services, which are exchanged by Russian participants in foreign economic activity with foreign partners. This includes retail, catering, hotel industry, education, health care, physical education and sports, copyright trade, etc.

10. For our country, which has vast experience in navigation and fishing, international cooperation in the field of fisheries. This type of cooperation includes fishing by Russian vessels in the maritime economic zones of foreign countries and by foreign vessels in Russian territorial waters under agreements with the relevant countries, as well as the sale of marine products in Russia and abroad.

11. It is necessary to mention such special forms of foreign economic activity as coastal and border trade, which are very important for many regions and subjects of the Russian Federation.

In practice, it is quite difficult to draw a clear line between the types and forms of foreign economic activity. When developing a classification of types of foreign economic activity, a subjective factor plays a significant role. Forms of foreign economic activity are characterized by great diversity and mobility. As world economic relations intensify, new forms of foreign economic activity appear, which over time can become its independent types, while the essence of the main types of foreign economic activity as a whole remains quite stable.

Question 4. Foreign economic complex of the country, its features in modern conditions

Diverse foreign economic activity is carried out by state, industrial, commercial and public structures, which together constitute foreign economic complex(WEC) countries.

VEC includes the following links:

State bodies in charge of foreign economic activity (federal, regional, constituent entities of the Russian Federation);

Economic complexes, industries and individual enterprises producing export and consuming imported products;

Economic entities (legal entities and individuals) performing export-import operations;

Organizations that promote foreign economic activity.

1. State bodies in charge of foreign economic activity:

The highest bodies of state power;

Industry bodies;

Territorial (regional) bodies.

The highest bodies of state power- the highest level of foreign economic activity should be considered the activities of the main bodies of legislative, executive and judicial power: the Federal Assembly, the President, the Government, Supreme Court Russian Federation. These bodies issue laws, decrees, resolutions and orders, which establish the rules for the implementation of foreign economic activity, binding on all Russian organizations and individuals.

President of the Russian Federation being the head of state, carries out the general management of the state foreign (including foreign economic) policy. The President is subordinated to his representatives in seven districts of the country.

Federal Assembly, Consisting of the Federation Council and the State Duma, develops and adopts federal laws.

Government of the Russian Federation in accordance with the Federal constitutional law of June 19, 2004 No. 2-FKZ "On the Government of the Russian Federation" develops and implements state policy in the field of international economic, financial, investment cooperation, provides general management customs business, regulation and state control in the field of foreign economic activity, international scientific, technical and cultural cooperation.

Federal laws and government regulations are designed to form in the country certain organizational, legal and economic conditions for all traders. Another, no less important area of ​​activity of the legislative and executive authorities - external (international) aims to create favorable conditions for the implementation of export-import and other foreign economic operations by Russian participants in foreign economic activity with foreign trading partners (non-discriminatory conditions, ensuring the most favored nation treatment in foreign trade with foreign countries).

This is achieved through the conclusion of bilateral and multilateral international treaties and agreements of a trade and economic nature, Russia's participation in various international economic organizations, international commodity agreements, work in mixed Russian-foreign intergovernmental commissions on trade, economic and scientific and technical cooperation and ensuring control over compliance concluded international treaties.

The government is subordinate to sectoral and regional bodies, whose powers include issues of foreign economic activity. These state bodies can be called, respectively, the sectoral and regional components of the EEC management.

Industry bodies

In the structure of executive authorities in recent years there is no special foreign economic department. But a number of federal executive bodies are in charge of specific issues of foreign economic activity within their competence established by the Government of the Russian Federation.

The Ministry of Economic Development and Trade of the Russian Federation (Ministry of Economic Development of Russia), in accordance with the Decree of the Government of the Russian Federation, is endowed with following functions: public policy making and legal regulation in the field of foreign economic activity, customs, investment activity. The Ministry issues licenses and other permits for export-import operations with certain types of goods, passports for barter transactions.

The Federal Customs Service (FTS) performs the functions of control and supervision in the field of customs, a currency control agent and special functions to combat smuggling, other crimes and administrative offenses.

Certain powers in the field of foreign economic activity have the Ministry of Finance of the Russian Federation, the Ministry Agriculture Russian Federation, Ministry of Transport of the Russian Federation, Ministry of Railways of the Russian Federation, Ministry of Justice of the Russian Federation, Ministry of Industry and Energy of the Russian Federation, Ministry information technologies and Communications of the Russian Federation, the Ministry of Natural Resources of the Russian Federation, the Ministry of Education and Science of the Russian Federation, the Ministry of Health and social development Russian Federation, the Ministry of Defense of the Russian Federation and a number of other executive authorities.

central bank(CB) heads the banking system of the country. It includes Vneshtorgbank, Vnesheconombank and the Russian Export-Import Bank. The Central Bank licenses foreign exchange transactions by Russian commercial banks.

Territorial (regional) bodies

The activity of a number of federal executive bodies is carried out not only in the center, but extends to the entire territory of the country through their territorial bodies.

The FCS has regional customs offices who manage the work of hundreds of customs offices and customs posts throughout the country. These territorial customs organizations constantly interact with the administration of the subjects of the Russian Federation and representatives of the President of the Russian Federation in the respective districts.

Some divisions of the Ministry of Finance have regional offices.

Throughout the country there are territorial main departments (branches) of the Central Bank and cash settlement centers.

Introduction

2 Principles of state regulation of foreign trade activities

Chapter 2. Innovations in the state regulation of foreign trade within the framework of the customs union of Russia. Belarus, Kazakhstan

Conclusion

Introduction

Foreign trade activity is a dynamic process that requires constant regulation by the state. State regulation of foreign trade is to create the most favorable conditions for the development of the national economy, promotion domestic manufacturers on the world market.

State regulation of foreign trade activity has been and remains topical issue For Russia. The main task of our state at this time is integration into world economy as an independent market participant.

The active export of natural resources today is no longer able to provide our country with an advantageous position in the world economic arena. That is why the new aspect of outwardly trade policy Russia is to review the existing instruments for regulating foreign trade activities, which will create conditions for the effective development of domestic producers in the world market.

Foreign trade activity of Russia - object this study. The main methods and principles of state regulation of foreign trade, identifying the features of their implementation at this stage - this is what this work will be aimed at.

Work tasks:

Consider the features of Russia's foreign trade at the present time. Determine the most common methods and principles of state regulation of foreign trade activities at the present stage.

1 Characteristics of Russia's foreign trade activity: basic concepts, current state

Foreign economic activity should be understood as the activity of the state to develop cooperation with other states in the field of trade, economy, technology, culture, and tourism.

Foreign trade is the main link in foreign economic activity. It actively participates in the formation of the national income and is a sphere of conjugation of state interests and standards. different countries in order to find a mutually beneficial partnership of participating counterparties in purchase and sale transactions.

For the first time, the concept of "foreign trade activity" was used in Art. 2 of the Federal Law of October 13, 1995 No. 157-FZ “On State Regulation of Foreign Trade Activities” (currently invalidated), which stated that foreign trade activity is a type of entrepreneurial activity, including exclusive rights to them.

It should be noted that in the new Federal Law of December 8, 2003 No. 164-FZ (as amended on July 28, 2012) “On the grounds for state regulation of foreign trade activity”, foreign trade activity is understood as the activity for the implementation of transactions in the field of foreign trade in goods, services, information and intellectual property.

Foreign trade in goods is the import and (or) export of goods. Its object is a commodity, that is, movable property, as well as aircraft, sea vessels, inland navigation and adjacent (river - sea) navigation vessels and space objects classified as real estate, as well as electrical energy and other types of energy. Foreign trade in goods can be carried out in the form of exports and imports. Export of goods is the export of goods from the customs territory of the country without the obligation to re-import, and import is the importation of goods into the customs territory of the country without the obligation to re-export.

Foreign trade in services - the provision of services (performance of work), including the production, distribution, marketing, delivery of services in the only way - by moving it across the border. Unlike goods, the supply of services is carried out by one of the following methods or a combination of them:

) cross-border supply of services;

) movement of consumers to the exporting country;

) establishing a commercial presence in the country consuming the service;

) temporary movement of individuals to another country for the purpose of providing a service.

Foreign trade in intellectual property is the transfer of exclusive rights to objects of intellectual property or the granting of the right to use objects of intellectual property by a Russian person to a foreign person or a foreign person to a Russian person.

Foreign trade in information is carried out in the following forms:

a) in the form of foreign trade in goods, if the information is an integral part of these goods;

b) in the form of foreign trade of intellectual property, if the transfer of information was carried out as a transfer of rights to objects of intellectual property.

c) in forms of foreign trade in services in other cases.

1.2 Basic principles of state regulation of foreign trade activities

Article 4. Basic principles of state regulation of foreign trade activities

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

) 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) 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 illegal actions (inaction) of state bodies 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. 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.

The state ensures the protection of the rights and legitimate interests of legal entities and individuals participating in foreign trade activities. This is one of the goals of the Federal Law "On the Fundamentals of State Regulation of Foreign Trade Activities". The commented Law provides for the possibility of using various instruments of state regulation of foreign trade activities. For example, in accordance with Art. 40 of the commented Law, if a foreign state takes measures that violate the economic interests of Russian persons, including measures that unreasonably close Russian persons from access to the market of a foreign state or otherwise unreasonably discriminate against Russian persons, the Government of the Russian Federation may introduce retaliatory measures - measures restrictions on foreign trade in goods, services and intellectual property. Along with the protection of participants in foreign trade activities, state regulation of foreign trade activities is also aimed at protecting the rights and legitimate interests of Russian producers and consumers of goods and services. To do this, the arsenal of trade policy tools contains, for example, special protective measures, anti-dumping measures and countervailing measures that can be introduced when importing goods to protect the economic interests of Russian producers of goods (Article 27 of the commented Law; Federal Law of December 8, 2003 N 165 -FZ "On special protective, anti-dumping and countervailing measures when importing goods"). Many measures affecting foreign trade in goods and services and introduced on the basis of national interests are aimed at protecting the rights and legitimate interests of Russian consumers of goods and services (Articles 32 and 35 of the commented Law).

Equality of participants in foreign trade activities and their non-discrimination, 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 benefits for certain categories 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. Simultaneously with the consolidation of the principle of equality of participants in foreign trade activities, the legislator establishes a ban on their discrimination. The state should not discriminate against participants in foreign trade activities, that is, provide some entities with worse conditions for foreign trade activities than those provided to other entities. The principle of non-discrimination is directly reflected in a number of articles of the commented Law. Yes, Art. 22 is devoted to the non-discriminatory application of quantitative restrictions; in Art. 23 provides that the distribution of quotas is based on the equality of participants in foreign trade activities in relation to obtaining a quota and their non-discrimination based on the form of ownership, place of registration or market position; Art. 26 prescribes to organizations that have been granted the exclusive right to export and (or) import certain types goods, make transactions for the export and (or) import of certain types of goods, based on the principle of non-discrimination and guided only by commercial considerations. The prohibition of discrimination is not absolute: in cases provided for by federal law, the use of discriminatory measures may be recognized as lawful (for example, as retaliatory measures, etc.).

Unity of the customs territory of the Russian Federation

The concept of "customs territory" refers to the territory in 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. The Customs Code of the Russian Federation of 2003 (Article 2) defines the customs territory of the Russian Federation as follows: - the territory of the Russian Federation constitutes the unified customs territory of the Russian Federation (clause 1); - the customs territory of the Russian Federation also includes artificial islands, installations and structures located in the exclusive economic zone of the Russian Federation and on the continental shelf of the Russian Federation, over which the Russian Federation exercises jurisdiction in accordance with the legislation of the Russian Federation (clause 2); - on the territory of the Russian Federation there may be special economic zones created in accordance with federal laws that are part of the customs territory of the Russian Federation (clause 3). 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: "The customs border is the border of the customs territory of the Russian Federation" (clause 2, article 5 of the Law of the Russian Federation "On the customs tariff"). The customs border outlines the spatial limits of the customs legislation of a 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.

3 Methods of state regulation of foreign trade activities

Each state regulates the import and export of goods through tariff and non-tariff methods that affect the quantity, quality and cost of goods entering the domestic market, and other measures aimed at ensuring state interests in foreign trade. State regulation of foreign trade activities in the Russian Federation is carried out in accordance with the Constitution of the Russian Federation, international treaties, federal laws and other regulatory legal acts of the Russian Federation through the provisions of paragraph 1 of Art. 12 of the 2003 Methods Act.

These methods include:

) customs and tariff regulation;

) non-tariff regulation;

) prohibitions and restrictions on foreign trade in services and intellectual property;

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

An important provision of the Law is paragraph 2 of Art. 12, which provides that other methods of state regulation of foreign trade activities are not allowed, which gives the list of clause 1 of Art. 12 exhaustive character. For the first time, the 2003 Law includes special chapters on state regulation of foreign trade activities in the field of foreign trade in goods (Chapter 5), in the field of foreign trade in services (Chapter 6), in the field of foreign trade in intellectual property (Chapter 7). It is quite obvious that the area of ​​foreign trade in goods is most regulated in detail. In the field of foreign trade in goods, the 2003 Law, as well as the 1995 Law, put the method of customs and tariff regulation, which is a traditional tool for regulating foreign trade, determining the procedure for crossing the economic border of the state.

According to Art. 19 of the Law of 2003 "Customs and Tariff Regulation" in order to regulate foreign trade in goods, including to protect the domestic market of the Russian Federation and stimulate progressive structural changes in the economy, in accordance with the legislation of the Russian Federation, import and export customs duties are established, which, as is known are currently used in the Russian Federation. When concluding foreign trade contracts, customs and tariff regulation requires the attention of the parties when distributing obligations related to the passage of goods through customs, the fulfillment of which is necessary for the release of goods for export or for domestic consumption. The distribution of obligations is largely determined by the agreement on the basic terms of delivery based on the provisions of INCOTERMS 2010.

Customs tariff regulation in practice is often reflected in the provisions of contracts on the distribution of costs for payment of customs duties, which, however, cannot change the provisions of the law on who pays customs duties. In the practice of resolving disputes, there are other examples related to the fulfillment of the requirements of customs regulation. Special provisions of the 2003 Law are devoted to the group of methods of non-tariff regulation, which is defined in the Federal Law of 2003 as 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 (Article 2, Clause 17).

According to Art. 20 of the Law, non-tariff regulation of foreign trade in goods can be carried out only in cases provided for by law, subject to the requirements specified therein. It includes following methods: - application of quantitative restrictions established by the Government of the Russian Federation in exceptional cases (Articles 21 - 23); - application of licensing in the field of foreign trade in goods (Article 24); - restriction by granting an exclusive right to export and (or) import certain types of goods (Article 26); - introduction of special protective measures, anti-dumping measures and compensatory measures - to protect the economic interests of Russian producers of goods (Article 27). Among non-tariff methods, the first place in the 2003 Law was given to the method of introducing quantitative restrictions - restrictions on the import or export of certain goods within certain quantitative volumes in kind or value terms, established for a certain period.

A special article was also devoted to this method of regulation in the 1995 Law. It was provided that exports from the Russian Federation and imports to the Russian Federation are carried out without quantitative restrictions. The introduction of quantitative restrictions by the Government of the Russian Federation was allowed only in exceptional cases in order to:

) ensuring the national security of the Russian Federation;

) 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 Russian Federation in accordance with Art. 18 "Protective measures for the import of goods".

The 2003 Law also establishes that the import and export of goods is carried out without quantitative restrictions, except for cases specifically provided for in the Law. The Government of the Russian Federation in exceptional cases may establish, in particular, temporary restrictions or prohibitions on the export of goods in order 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 which is determined by the Government of the Russian Federation.

The Government of the Russian Federation may also restrict the import of agricultural products or aquatic biological resources imported into the Russian Federation in any form, if it is necessary to reduce the production or sale of a similar product of Russian origin; 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; as well as in a number of cases when it is necessary to withdraw from the market a temporary surplus of a similar product of Russian origin. Thus, the 2003 Law, in comparison with the previous one, reduced the possible cases of application of quantitative restrictions and limited the types of goods in respect of which quantitative restrictions may be applied. Thus, export restrictions are possible only in relation to food or other goods that are essential for the domestic market of the Russian Federation, the list of which is determined by the Government of the Russian Federation.

At the same time, quantitative restrictions on imports can only apply to food and agricultural products or aquatic biological resources. A special article of the 2003 Law is devoted to licensing in the field of foreign trade. Article 24 practically generalizes the existing practice of licensing. It is envisaged that licensing, firstly, is established in case of introduction of quantitative restrictions. Secondly, licensing is established in the case of the implementation of the permissive procedure for the export and (or) import of certain types of goods. Thirdly, licensing is established in the case of granting the exclusive right to export and (or) import certain types of goods. Examples of such licensing have been given previously. Fourth, according to Art. 24 of the 2003 Law, licensing is established if the Russian Federation needs to fulfill its international obligations.

The 2003 Law refers to non-tariff methods as restricting the right to carry out foreign trade activities by granting the exclusive right to export and (or) import certain types of goods, which is carried out on the basis of a license (Article 26), as already mentioned in paragraph 2 of this article . An important non-tariff method of regulation is the introduction of special protective measures, anti-dumping measures and countervailing measures for the import of goods to protect the economic interests of Russian producers, as provided for by the Law. Detailed regulation of the application of such measures is provided for by the new Federal Law of the Russian Federation N 165-FZ “On special, protective, anti-dumping and countervailing measures when importing goods” of 2003. The use of non-tariff methods provided for by the 2003 Law in most cases entails for the parties the need to obtain an appropriate permit for fulfillment of contractual obligations, obtaining a license.

Since the absence of a license is a ground for refusal to release goods by the customs authorities of the Russian Federation, when preparing a contract for the sale of goods for which a license is required, the relevant provisions should be included in the contract. An important guideline in this situation is the relevant provisions of the 1994 UNIDROIT Principles of International Commercial Contracts on applications for state permission (which is interpreted broadly and includes obtaining licenses in the export-import sphere) in cases where the legislation of a state requires state permission affecting the validity of the contract or its performance.

As stipulated by the UNIDROIT Principles, in this case, several questions arise regarding who bears the burden of applying for this permit, the time period for applying, the legal consequences of failure to obtain an administrative decision in a timely manner and refusal to issue a permit (Articles 6.1.14 - 6.1.17). For participants in foreign trade contracts, it is important to take into account the provisions of a special chapter of the Law (Chapter 8) devoted to special types prohibitions and restrictions on foreign trade in goods, services, intellectual property, i.e. for all kinds foreign trade transactions. Such prohibitions include: - prohibitions and restrictions on foreign trade for the purpose of Russia's participation in international sanctions in accordance with the UN Charter (Article 37); - restrictions in order to maintain the equilibrium of the balance of payments of the Russian Federation (Article 38); - restrictions related to the measures of currency regulation (Article 39); - retaliatory measures (art. 40).

The use of a group of state regulation measures in the form of prohibitions and restrictions quite obviously creates difficulties or impossibility of fulfilling obligations under a foreign trade contract, raises the question of releasing counterparties from liability for failure to fulfill obligations. Important requirements that need to be taken into account when drawing up foreign trade contracts are contained in the new Federal Law “On Technical Regulation” of 2002. In establishing the conditions for the import of products subject to mandatory conformity assessment into the territory of the Russian Federation, the Law, in particular, provides that in order to place products under customs regimes(providing for the possibility of alienation or use of these products in accordance with their purpose in the customs territory of the Russian Federation) to the customs authorities simultaneously with customs declaration the applicant is presented with a declaration of conformity or a certificate of conformity or documents on their recognition in accordance with Art. 30 of the Law.

Thus, in the terms of contracts concluded for the supply to the Russian Federation of products subject to mandatory certification in accordance with the legislation of the Russian Federation, the presentation of a certificate or other required documents confirming its compliance established requirements, which are necessary to obtain a permit to import products into the territory of the Russian Federation.

Chapter 2. Innovations in the state regulation of foreign trade within the framework of the customs union of Russia, Belarus, Kazakhstan

In connection with the creation of the customs union Russia, Belarus, Kazakhstan, the customs legislation has undergone a number of changes, which also affected the sphere of regulation of foreign trade activities.

As mentioned above, under the conditions of this integration association, part of the functions of regulating foreign trade was transferred from the national authorities of the participating states to the governing bodies of the customs union, primarily the Commission of the customs union. The decision of the Customs Union Commission is binding, subject to direct application in the member states of the customs union.

May 2010 at a meeting of the Interstate Council of the EurAsEC ( supreme body of the Customs Union) at the level of heads of government in St. Petersburg, decisions were made on the entry into force of the most important international treaties that form the legal framework of the Customs Union.

In particular, issues such as:

application of special protective, anti-dumping and compensatory measures in relation to third countries;

technical regulation within the customs union;

application of sanitary, veterinary-sanitary and phytosanitary measures in the customs union, etc.

May 2010, the State Duma of the Federal Assembly of the Russian Federation unanimously ratified the Customs Code of the Customs Union, presented by the Federal Customs Service. Russia was the first of the states of the Union Troika to legalize the Customs Code of the Customs Union.

Fundamental innovations in comparison with the customs legislation of the Russian Federation:

the deadline for payment of customs duties and taxes is set equal to the period of temporary storage - up to four months, the Labor Code of the Russian Federation established a payment period of 15 days;

participants in foreign trade activities are given the opportunity to carry out their activities anywhere in the member state of the customs union;

in the Customs Code of the Customs Union export - a procedure in accordance with which the goods of the customs union are exported outside the territory of the customs union. Thus, the movement of goods from Russia to Kazakhstan, for example, is considered mutual trade. As part of mutual trade no customs payments will be collected, a zero value added tax rate and (or) exemption from excise duties will be applied, and non-tariff regulation measures will not be applied.

Within the framework of the customs union, the statistics of mutual trade of the member states of the customs union were introduced. Mutual trade in goods and services is controlled by authorized bodies determined by the member states of the customs union. In the Russian Federation, it is certain that the authorized body in the field of maintaining statistics of foreign trade was the Federal Customs Service of Russia, and the authorized body in the field of maintaining statistics of mutual trade - Rosstat.

As for certificates of origin of goods, the EurAsEC Interstate Council considered measures to adopt the procedure for issuing and issuing a Unified Certificate of Origin of Goods from the Customs Union, which will be a document confirming the origin of goods from the Customs Union, as well as measures to recognize the Unified Certificate of Origin of Goods from the customs union customs services foreign states.

The mechanism for protecting the interests of commodity producers of the Customs Union from unfair competition of producers from third countries is implemented through:

national customs register of intellectual property objects, which is maintained in customs authority a member state of the customs union;

Unified Customs Register of Intellectual Property Objects of the Member States of the Customs Union (after signing the Agreement on the Unified Customs Register of Intellectual Property Objects of the Member States of the Customs Union);

in accordance with the legislation of the member states of the customs unions in respect of intellectual property objects not included in the specified customs registers.

In the process of preparing the regulatory framework of the customs union on non-tariff regulation, an analysis was made of the existing measures of state regulation of foreign trade in the three states and all prohibitions and restrictions were rethought. A single list of goods has been compiled to which bans or restrictions are applied on the export or import by the member states of the customs union within the framework of the Eurasian Economic Community in trade with third countries, as well as a list of goods that are essential for the internal market of the customs union, in respect of which cases, temporary restrictions or export bans may be imposed.

As for the customs and tariff regulation of foreign trade, a lot of work has already been done here, but this issue is still open to the participating countries.

May 2010, the Federal Customs Service of Russia prepared and submitted to the Government of the Russian Federation a draft federal law "On Customs Regulation in the Russian Federation", which entered into force on July 1, 2010 and defines the basis for the legal regulation of customs relations at the national level in the context of the legal framework of the customs union.

The federal law "On Customs Regulation in the Russian Federation" establishes the specifics of customs regulation in the Russian Federation in accordance with the provisions of the customs legislation of the customs union and contains provisions reflecting the reference norms of the Customs Code of the customs union, according to which the regulation of a number of legal relations, or the establishment of additional conditions, requirements or features of legal regulation should be determined at the level of the national legislation of the member states of the customs union.

On November 2009, the Commission of the Customs Union approved the Common Customs Tariff - a set of customs duty rates applicable to goods imported into the single customs territory from third countries, systematized in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Customs Union (TN VED CU).

In accordance with paragraph 2 of Article 72 of the Customs Code of the Customs Union, the types and rates of customs fees are established by the legislation of the member states of the customs union. In accordance with the draft federal law "On Customs Regulation in the Russian Federation", the rates of customs fees for customs operations are established by the Government of the Russian Federation.

Lists of developing countries and least developed countries-users of the system of tariff references of the Customs Union, as well as a list of goods originating and imported from these countries have been created. A list of goods and rates has been established in relation to which, during the transition period, one of the member states of the customs union applies rates of imported customs duties that differ from the rates of the Common Customs Tariff of the Customs Union and a list of sensitive goods in respect of which the decision to change the rate of import customs duty Commission customs union accepts by consensus. The list of goods for which tariff quotas have been established within the framework of the Customs Union since January 1, 2010 has not gone unnoticed.

foreign trade customs producer

Conclusion

Foreign trade is the exchange of goods between distant countries and regions using air, sea or land roads.

State regulation of foreign trade activity is a complex of economic, legal, administrative and managerial measures on the part of the state, pursuing the goal of creating favorable market conditions economic entities of foreign trade.

State regulation of foreign trade activities is based on the Constitution of the Russian Federation and is carried out in accordance with the Federal Law of December 8, 2003 No. 164 "On the grounds for regulating foreign trade activities", other federal laws and other regulatory, legal acts of the Russian Federation, as well as generally recognized principles and norms international law and international treaties of the Russian Federation.

It is accepted to allocate direct and indirect regulation of the state of foreign trade. Direct regulation in most cases includes administrative methods:

quoting;

licensing;

establishment of bans on the movement of certain goods;

prescription of a sanitary and veterinary nature;

technical standards and etc.

Indirect regulation is carried out with the help of economic instruments. These include:

customs duties;

customs duties;

taxation of export-import operations;

customs nomenclature;

the procedure for determining the customs value;

system of tariff preferences, etc.

Customs and tariff regulation in any state is the main mechanism for regulating the flow of goods and foreign exchange funds crossing the customs border of the country.

A rich arsenal of tools is used to introduce a specific customs-tariff regime. These should include:

rates of customs duties;

customs commodity nomenclature;

procedure for determining the country of origin and calculation (determination) of the customs value;

system of customs and tariff privileges and preferences, etc.

The customs tariff is the main mechanism of tariff regulation, which is a systematized list of rates that determine the amount of payment for import and export goods.

State regulation of foreign trade is carried out with the help of non-tariff restrictions. They are understood as a set of economic and administrative measures that go beyond the scope of the customs tariff policy and are used as an instrument in the regulation of foreign trade. In total there are about 800 species.

In connection with the creation of the Customs Union of Russia, Belarus and Kazakhstan, the regulation of foreign trade activity takes on completely new aspects and directions. Part of the functions of regulating foreign trade is transferred from the national authorities of the member states to the governing bodies of the customs union, primarily the Commission of the customs union, whose decisions are binding, are subject to direct application in the member states of the customs union.

List of used literature

1. The Constitution of the Russian Federation.- M.: AST, Astrel, 2005.

2. The Customs Code of the Customs Union dated May 28, 2003 and the updated customs codes of the Russian Federation on October 1 2011 when paragraph 1 of Article 357.10 has become invalid (types of customs fees ) of the newer code.

Federal Law No. 164-FZ of December 8, 2003 (as amended on July 11, 2011) "On the Fundamentals of State Regulation of Foreign Trade Activities"

Federal Law No. 318-F3 of November 30, 2013, Part 5 of Article 13 of this Federal Law is set out in new edition coming into force from December 1, 2013

Federal Law on Amendments to the Customs Code of the Russian Federation Project N 380975-4.

State regulation of foreign trade in Russia, Dzhabiev A.P. - M .: International relationships, 2006 - 280s.

State regulation of foreign trade activity, Mokrov G., - M YURKNIGA, 2006 - 320s.

Customs law of the Russian Federation. Textbook / Ed. B.N. Gabrichidze. M., 2004.

Kozyrin A.N. customs duty. Tutorial. M., 2004.

Kozyrin A.N. Commentary on the Law of the Russian Federation "On the Customs Tariff". M., 2004

Kozyrin A.N. Commentary on the Customs Code of the Russian Federation. M., 2004.

Economic Dictionary / E.G. Bagudin; resp. ed. A.I. Arkhipov. - M.: TK Velby, Prospect Publishing House, 2006. - 624p.

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