DOI: 10.7256/2454-0595.2016.9.16357

Abstract: The research subject is the set of legal provisions applied on different stages of development of legal relations in customs affairs, and the historical and legal experience of administrative coercion in the customs sphere. The research object is the set of social relations arising in the process of application of administrative coercion in various historical periods. The author analyzes the evolution of Russian customs legislation, considers the peculiarities of legal regulation of administrative coercion, applied by customs authorities, defines the stages of evolution of customs affairs, influencing the development of the administrative coercion institution. In the author’s opinion, the administrative coercion institution in customs affairs is developing progressively and can be characterized by the normative procedure of consolidation. The research methodology is based on the set of general scientific and special research methods (comparative-historical, formal-logical, analytical, the method of unity of historical and logical, etc.). The author comes to the conclusion that after the formation of the Customs Union in 2010, the development of the institution of administrative coercion by Russian customs authorities, as well as by the customs authorities of other member-states, has shifted to another stage, requiring conceptual rethinking and reconsideration of legal regulation. At present, legal regulation of the administrative coercion institution in customs affairs should be aimed at the search for the optimal strategy of its implementation, with account for the conditions of development of the law-bound state. 

DOI: 10.7256/2454-0595.2016.8.16356

Abstract: The subject of this study includes the patterns of functioning and historical development of administrative coercion in the sphere of customs relations. The author notes that the patterns of historical development of administrative coercion, applied by customs authorities, are related to the general trends of development of the law and legislation regulating the use of administrative coercion in general and in the sphere of customs affairs in particular. Among these trends, one of the most important is the legislative priority as a means of effective provision of the state policy in the sphere of a rule-of-law state construction, the protection of individual rights and freedoms.The research methodology is based on the set of general scientific and special methods of cognition (comparative-historical, formal-logical, analytical, the method of unity of historical and logical, and others.).The author comes to the conclusion that the understanding of logic and patterns of historical development of administrative coercion, applied by customs authorities, is of a great importance for the understanding of the fundamentals and prospects of development of customs administration in this sphere of activity. The development of the institution of administrative coercion by customs authorities is in conjunction with the historical development of customs affairs and other legal institutions.

DOI: 10.7256/2454-0595.2016.7.16358

Abstract: The research subject includes the legal provisions regulating the application of procedural measures by customs authorities, ensuring the proceedings on cases of customs violation and the work of customs authorities. The research object includes legal relationship emerging in the process of administrative coercion measures application by customs authorities. The author pays attention to the burning problems of administrative coercion measures application by customs authorities in the proceedings on cases of customs violation and offers the ways to solve them. The research methodology is based on the set of general scientific and specific methods of cognition (formal-legal, analytical, normative-logic, etc.). The author outlines one of the topical problems of application of measures of the proceedings on administrative cases ensuring, restricting property and non-property rights and freedoms of persons and legal entities, applied by customs authorities – the application of such measures hasn’t been under registration yet. The author suggests introducing such a registration into the practice of customs authorities and providing the control over administrative measures application. 

DOI: 10.7256/2454-0595.2016.6.16359

Abstract: The research subject is the institution of administrative coercion and the scientific literature allowing characterizing administrative coercion as a form of legal coercion by the state. The research object covers social relations emerging upon the application of administrative coercion by the authorized public bodies. The article describes the state coercion system and the role of administrative coercion; presents the opinions of scholars about the essence of administrative coercion; analyzes the peculiarities of this legal institution, defines its attributes, formulates the notion, and describes its purposes, grounds, and essence. The research methodology is based on the set of general scientific and special methods of cognition (formal-legal, analytical, normative-logical, system, etc.). The author concludes that administrative coercion is a form of legal coercion by the state which is the method of public management applied, as a rule, by the authorized bodies; the form of the coercive measures established by the provisions of administrative law and aimed at the provision of the discharge of legal obligations by persons who had committed illegal actions, or in the case of circumstances threatening social relations protected by the law. 

DOI: 10.7256/2454-0595.2016.5.16362

Abstract: The research subject is the set of legal rules and scientific sources characterizing the principles of application of administrative coercion by competent agencies of public authority. The research object is the range of legal relations emerging in the process of application of administrative coercion by authorized persons. The author analyzes statutory instruments and scientific literature and briefly describes the principles which are or should be applied when using administrative coercion measures by public agencies in a rule-of-law state. The author pays attention to the system of such principles. The research methodology comprises the set of general scientific and special research methods (technical, analytical, logical, et.). The author concludes that the principles of administrative coercion include the general principles of administrative law, the principles of administrative process and administrative liability, and the special principles of imposition and application of measures of administrative coercion. In the author’s opinion, the implementation of some principles can cause particular problems. 

DOI: 10.7256/2454-0595.2016.4.16350

Abstract: The research subject is the institution of administrative coercion, applied by customs authorities, its peculiarities, and topical theoretical and legal problems in this sphere. The author analyzes the scientific literature, devoted to the problem of administrative coercion, describes various opinions of the scholars about the essence of administrative coercion, the problem aspects of the work of customs authorities organization. These problems are caused, in the author’s opinion, by the variety of disputable and unresolved theoretical provisions of administrative coercion. The research methodology is based on the analysis of scientific literature and legal provisions. The author applies theoretical, general philosophical and traditional legal methods. The author analyzes the circumstances allowing concluding about the absence of a single scientists’ opinion about the key problems of the theory of administrative coercion. It is possible to consider administrative coercion, applied by customs authorities, as a topical scientific problem. Its solution is particularly important for the theory and the practice of the legal science. 

DOI: 10.7256/2454-0595.2016.3.16360

Abstract: The research subject is the system of administrative enforcement measures applied by the officials of customs authorities, and the legal provisions of administrative enforcement in the sphere of customs legal relations. The author describes various types of administrative enforcement, and their classifications, proposed by the researchers, and explains the criteria of classification. Taking into account the specificity of customs authorities, the author proposes his own variant of, in his opinion, a more comprehensive, structured, logically verified and scientifically grounded classification of administrative coercive measures applied by customs authorities. The research methodology is based on the set of general scientific and specific methods of cognition (technical, analytical, logical, system, etc.). The author marks out the approach of A.V. Surgutkovskaya to the grounds of classification of administrative coercive measures, agrees with them and with the conclusion that the understanding of the essence of administrative enforcement in the cases of violation of customs rules, and its differentiation from other forms of administrative enforcement attaches practical value to the classification of administrative enforcement measures in the sphere of customs legal relations. 

DOI: 10.7256/2454-0765.2016.1.17334

Abstract: The subject of research is the law governing the suspension of release of goods containing objects of intellectual property, copyright and related rights as a measure of administrative-legal coercion, as well as relevant activity of customs authorities. The object of the research is the social relations arising in the process of application of this administrative enforcement by the customs authorities. The author of the article gives a legal description of the suspension of release of goods containing objects of intellectual property, copyright and related rights as measures of administrative and legal coercion. The methodological basis of the research involves a combination of general philosophical, scientific methods and special legal methods (formal-legal, analytical, normative-logical, system analysis, etc.). The study identified problematic issues that arise in the law enforcement practice of customs authorities and judicial practice as well as ways of their solution. The author concluded that the suspension of release of goods containing objects of intellectual property, copyright and related rights is an administrative-legal measure of the risk of violation of the legislation in the field of intellectual property and prevention of harmful effects used by the customs authorities.