在发现违反海关规则的迹象和查明无主财产或边境和财政当局不知道其所有者的财产时产生的法律和社会经济问题

R. Havrik, S. Petrechenko
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引用次数: 0

摘要

在这篇研究论文中,作者考虑了国家边境保护机构(单位)和乌克兰国家海关服务海关在发现违反海关规则的迹象时相互作用的问题方面,以及在过境点识别没有所有者或所有者未知的财产。在边境控制区的出入境检查站。与此同时,这一问题的法律规定的现状,这一领域的主要立法发展,是根据乌克兰财政部和内政部第849/828号联合命令,海关和边境单位之间合作的外国办法而发生的。根据这项研究,得出的结论是,国家边防军与乌克兰国家海关总署海关之间的合作问题是由乌克兰内政部和财政部联合命令批准的最新程序849/828规定的。administrative-operational集团的权力从他起草行政报告,发送的检测,在主人的财产,是未知的或没有所有者——财产转移到国家有关部门乌克兰海关,到其他国家边境警卫人员脸部用的,同时也延长了本文档的有效性不仅违反海关规定的情况下,物业的业主没有所有者或其所有者是未知的,在乌克兰国家边境检查站发现的病例,以及在控制边境地区的出入境检查站发现的类似病例。同时,上述第849/828号程序并没有解决这种互动的一些紧迫问题,例如:国家边防军和乌克兰国家海关总署海关在确保海关和边境监管统一方面的工作没有充分有效的协调,不可能派遣国家边境保护代表(国家边境保护单位)和乌克兰国家海关总署海关,在需要进行联合监管的情况下进行单独监管,缺乏对这种互动的兴趣;应当进行联合检查时缺乏具体的理由清单;如果发现货物违反海关规则和边境立法而没有充分的理由而不进行联合检查,则缺乏制裁措施。因此,本文提出了一种解决这些问题的方法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal and socio-economic problems that arise during the detection of signs of violations of customs rules, and identifying property which has no owner or owner who is unknown by border and fi scal authorities
: In this research paper the author considers the problematic aspects of interaction of bodies (units) of state border protection and customs of the State Customs Service of Ukraine during the detection of signs of violations of customs rules, as well as the indentifying property that has no owner or owner unknown at border crossings. entry-exit checkpoint, in the controlled border area. At the same time, the current state of legal regulation of this issue, the main legislative developments in this area, which took place in connection with the joint order of the Ministry of Finance and the Ministry of Internal Aff airs of Ukraine number 849/828, foreign approaches to cooperation between customs and border units. Based on the study, it was concluded that the issues of cooperation between state border guards and customs of the State Customs Service of Ukraine are regulated by the updated Procedure number 849/828, approved by a joint order of the Ministry of Internal Aff airs and the Ministry of Finance of Ukraine. a number of powers from the administrative-operational group to draw up reports on administrative off enses, to send an act of detection, and on the property of the owner, who is unknown or as has no owner - transfer of property to the relevant department of the State Customs Service of Ukraine, to other offi cials of state border guards, and also extended the validity of this document not only to cases of violations of customs rules, property whose owner has no owner or whose owner is unknown, detected at checkpoints across the state border of Ukraine, but also for similar cases detected at the checkpoint of entry-exit, in the controlled border area. At the same time, the mentioned Procedure number 849/828 does not solve a number of urgent issues of such interaction, such as: insuffi ciently eff ective coordination of work of state border guards and customs of the State Customs Service of Ukraine on ensuring unity of customs and border control, impossibility to send a representative protection of the state border (units of protection of the state border) and customs of the State Customs Service of Ukraine, carrying out separate control in cases when it is necessary to carry out joint control, lack of interest in such interaction, lack of a specifi c list of reasons when a joint inspection should be conducted, lack of sanctions for failure to conduct a joint inspection in case of detection of goods moving in violation of customs rules and border legislation without suffi cient reasons. Th erefore, a solution to these problems is proposed.
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