Analysis of the WCO Conceptual Approaches to the Development of the Legal Institution of E-Commerce in the Framework of the Review of the Revised Kyoto Convention
( Pp. 451-464)

More about authors
Sergei V. Mozer Cand.Sci.(Law), Deputy Head of the Division of Advanced Customs Technologies of the Department of Customs Legislation and Law Enforcement Practice
Eurasian Economic Commission
Moscow, Russia
Abstract:
Abstract: The research article is prepared as part of a scientific study conducted by the author on improving the theoretical and legal foundations of customs regulation in the Eurasian Economic Union (EAEU, Union) in cooperation with the World Customs Organization (WCO).
A task. To systematize the WCO basic approaches on the reflection of the legal institution of electronic commerce in the International Convention on the Simplification and Harmonization of Customs Procedures (Kyoto Convention), taking into account the WCO legal instruments and tools.
Conclusions. The article examines in a complex the proposals of the international customs community submitted to the World Customs Organization as part of a comprehensive revision of the Kyoto Convention in terms of the introduction of the electronic commerce institution.
Social Consequences. Conducting a study is associated with the implementation of paragraph 11.7.5. of Strategic Directions for the Development of Eurasian Economic Integration until 2025 in terms of working out the possibility of joining the Eurasian Economic Union to the WCO fundamental legal instruments and tools.
Practical value. The results of the study are of interest to the customs cooperation block of the Eurasian Economic Commission (EEC) and can be used by specialists of the customs authorities of the Member States of the Union, the EEC experts to organize strategic planning and to form the legal foundations for the modernization of the Union's law.
The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence».
Originality/value. The research material is based on an analysis of the practical aspects of the activities of the EEC, the customs authorities of the Member States of the Union, the WCO and is the result of a comprehensive study of the issue on improvement the law of the Union based on best practices of customs regulation and the legal instruments and tools of the World Customs Organization.
How to Cite:
Mozer S.V. Analysis of the WCO Conceptual Approaches to the Development of the Legal Institution of E-Commerce in the Framework of the Review of the Revised Kyoto Convention // Gaps in Russian Legislation. 2023. Vol. 16. №5. Pp. 451-464. (in Russ.). EDN: XBOAZW
Reference list:
Kabanov I.P. Development of e-commerce in the EAEU: results and plans. Round table «Union without Borders: Achieved Goals and New Challenges. Results of 2021», International Congress of Entrepreneurs of the EAEU / Alta-Soft, December 10, 2021 URL: https://www.alta.ru/expert_opinion/85575/.
Mozer S.V. Legal Instruments and Tools of the World Customs Organization: monograph. Moscow: Editorial and Publishing Department of the Russian Customs Academy, 2021. - 134 p. URL: http://customs-academy.net/?p=14071.
Mozer S.V. Methodology for the analysis of legal instruments and tools of the World Customs Organization // Problems of Economics and Legal Practice. - № 1. - 2023 - P. 236-237. URL: https://customs-academy.net/?p=16860.
Mozer S.V. Scientific and methodological approaches to improve the law of the EAEU on the basis of legal instruments and tools of the World Customs Organization // Problems of Economics and Legal Practice. - № 3. – 2023. URL: https://www.urvak.ru/journals/problemy-ekonomiki-i-yuridiche/23023/.
Single customs territory. On the implementation in the member states of the Union of a pilot project (experiment) in the field of foreign electronic trade in goods: presentation. Official page of the EAEU. Date of access: 14.07.2023. URL: https://eec.eaeunion.org/upload/medialibrary/b7b/n.-Pilotnyy-proekt-v-oblasti-vneshney-elektronnoy-torgovli-tovarami.pdf.
V Dogovor o tamozhennom kodekse EAES vnosyatsya izmeneniya po regulirovaniyu vneshney elektronnoy torgovli / Tamozhennaya akademiya: NAUKA, 10 iyulya 2023 g. URL: https://customs-academy.net/ p 17989.
The Treaty on the Customs Code of the EAEU is amended to regulate foreign electronic commerce / Customs Academy: SCIENCE, July 10, 2023 URL: https://customs-academy.net/?p=17989
International Convention on the Simplification and Harmonization of Customs Procedures. May 18, 1973 (as amended). URL: https://docs.cntd.ru/document/1901082.
Customs Code of the Eurasian Economic Union (as amended on May 29, 2019, as amended on March 18, 2023). Annex № 1 to the Treaty on the Customs Code of the Eurasian Economic Union. ConsultantPlus.URL: https://www.consultant.ru/document/cons_doc_LAW_215315/.
Decision of the Eurasian Intergovernmental Council dated November 19, 2021 № 10 «On the action plan («road map») to create favorable conditions for the development of electronic commerce within the framework of the Eurasian Economic Union». Alta Soft. URL: https://www.alta.ru/tamdoc/21ms0010/.
Explanatory note on the issue of signing the Protocol on amendments to the Treaty on the Customs Code of the Eurasian Economic Union dated April 11, 2017. Ministry of Finance of the Russian Federation. Date of access: 14.07.2023. URL: https://minfin.gov.ru/common/upload/npaprojects/PZ_00139947.docx.
Findings of the Assesment of Developed Recommendations Against the RKC and Existing WCO instruments and tools (step 2). [Horizontal Issues/Body]. Annex II to doc. PO0160Ea. «Step 4» of the Four-Step Framework: Consultation on the Potential Draft Text Relating to the General Annex of the Convention. (Item IV on the Agenda). 27th Meeting. Revised Kyoto Convention Management Committee, 29 November - 3 December 2021. Doc. PO0160Ea, Brussels, 20 October 2021.
Annex I to doc. PO0129E. Summary table of the main concepts and proposals (as of 18 October 2019). Revised Kyoto Convention Management Committee. 21st Meeting. 18 – 20 November 2019. Doc. PO0129Ea. Brussels, 23 October 2019. The Working Group on the Comprehensive Review of the RKC (WGRKC). Progress Report of the WGRKC. (Item V. (b) on the Agenda). – P. II/12.
The RKC Review process – Report of the 7th meeting of the Working Group on the Comprehensive Review of the RKC (WGRKC) by the Chair of the WGRKC (Item III on the Agenda). Revised Kyoto Convention Management Committee, 22nd Meeting, 10 - 12 February 2020. Doc. PO0133Ea. Brussels, 13 January 2020.
WCO Cross-border E-Commerce Framework of Standards. WCO. June, 2022. URL: https://www.wcoomd.org/-/media/wco/public/global/pdf/topics/facilitation/activities-and-programmes/ecommerce/wco-framework-of-standards-on-crossborder-ecommerce_en.pdf?db=web.
Keywords:
The World Customs Organization, the WCO, the Eurasian Economic Union, EEU, the Eurasian Economic Commission, EEC, customs regulation, international customs law, legal instruments and tools, e-commerce, e-trade..


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