Prevention of corruption risks when performing customs procedures: types and concepts

Inna Pai
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Abstract

The aim of the work is involves clarifying the theoretical and practical problems of preventing corruption risks in the implementation of customs procedures, the peculiarities of its definition of the essence and concept, and the selection of separate criteria for their classification within the limits of its customs and legal provision. The methodological basis of the study used a set of scientific research methods such as dialectical, formal-legal, systemic, hermeneutic, comparative-legal, empirical, etc. The content of individual categories “corruption”, “corruption risk”, “procedure”, “legal procedure”, “customs procedure”, “customs formalities” was clarified, the constituent elements of customs procedures were revealed. A proper definition of “corruption risk in the field of customs procedures” is proposed. It has been established that the customs procedure is a set of requirements that are determined by the implementation of customs control and customs clearance of goods and the peculiarity of paying taxes and customs payments, and the conditions of their implementation depend on a certain customs regime (that is, on the purpose, form and conditions of the movement of goods). It was determined that the institution of prevention of corruption risks in relation to violations of the established procedure for the implementation of customs procedures has its own specificity of legal support and is a separate subject of research in the science of customs law. It was found that the prevention of corruption risks in the implementation of customs procedures is a component of the prevention of corruption risks in the public administration of state customs affairs and is a separate part of the prevention of corruption in this area.   It was concluded that the corruption risk in the field of customs procedures is legal, organizational and other factors and reasons that generate, encourage (stimulate) corruption in the implementation of customs control procedures, customs clearance procedures, as well as tax and customs payment procedures and their order implementation. According to the prevalence, it is proposed to highlight the following corruption risks in the implementation of customs procedures in the activities of customs officials, namely: dishonesty of customs officials, the occurrence of a conflict of interests among customs officials, lack of control by the management of customs authorities, the presence of discretionary powers of customs officials etc.
在办理海关手续时预防腐败风险:类型和概念
这项工作的目的是澄清在执行海关程序中预防腐败风险的理论和实践问题,其本质和概念定义的特殊性,以及在海关和法律规定的范围内选择单独的分类标准。研究的方法论基础采用了一套科学研究方法,如辩证法、形式-法律法、系统法、诠释法、比较-法律法、实证法等。明确了 "腐败"、"腐败风险"、"程序"、"法律程序"、"海关程序"、"海关手续 "等单个范畴的内涵,揭示了海关程序的构成要素。提出了 "海关手续领域腐败风险 "的正确定义。确定了海关手续是由实施海关监管和货物通关以及缴纳税款和关税的特殊性所决定的一系列要求,其实施条件取决于一定的海关制度(即货物流动的目的、形式和条件)。经确定,与违反执行海关程序的既定程序有关的腐败风险预防制度有其法律支持的特殊性, 是海关法科学中的一个独立研究课题。研究发现,海关程序执行中的腐败风险防范是国家海关事务公共管理中腐败风险防范的组成部 分,也是该领域腐败防范的一个独立部分。 其结论是,海关程序领域的腐败风险是指在执行海关监管程序、通关程序以及税收和海关支付程序及其秩序执行过程中产生、鼓励(刺激)腐败的法律、组织和其他因素和原因。根据这一普遍现象,建议在海关官员的活动中突出海关程序执行中的以下腐败风险,即:海关官员不诚实、海关官员之间发生利益冲突、海关当局管理层缺乏控制、海关官员存在自由裁量权等。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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