Experimental Regulation of Russia's Foreign Trade in Goods in the Context of Eurasian Economic Integration
( Pp. 25-31)
More about authors
Sergey V. Khalipov
Cand. Sci. (Law), Assoc. Prof., Head of the Public Law Department; Russian Foreign Trade Academy of the Ministry of Economic Development of the Russian Federation
All-Russian Academy of Foreign Trade of the Ministry of Economic Development of the Russian Federation
Moscow, Russian Federation
All-Russian Academy of Foreign Trade of the Ministry of Economic Development of the Russian Federation
Moscow, Russian Federation
Abstract:
Abstract: Objectives of the study. The article proposes to pay attention to the scientific category of a legal experiment for its subsequent analysis in public law regulation of foreign trade in goods. The theoretical bases of experimental legislating, prerequisites of adoption and features of experimental legal acts, criteria for measuring of the obtained results are investigated. Examples of legal experiments in the sphere of foreign trade turnover are considered. The proposed types of wording and peculiarities of the experimental method in improvement of the institution of customs control, in introduction of new schemes of interaction between the state and business are considered to see if they are applicable. The possibility of experimental regulation of cross-border electronic trade in goods is mentioned. The forced (unplanned) legal acts aimed at ensuring economic and food stability of the Union member states are highlighted. Conclusions. Comparative analysis of the theory and practice of experimental regulation of foreign trade in goods indicates an active interest of legislating bodies in the method of a legal experiment. Experimental acts are used in customs, customs tariff, non-tariff and other spheres that have a legal impact on foreign trade relations. Each level of regulatory competencies (union, national) allows for legal experimentation. Experimental legislating is marked by different names of documents (experiment, pilot project, temporary order), but has one main feature—it is in force temporarily. It is a temporary character of legal regulation of foreign trade in goods that distinguishes legal experimentation from regular legislating.
How to Cite:
Khalipov S.V. Experimental Regulation of Russia's Foreign Trade in Goods in the Context of Eurasian Economic Integration // Gaps in Russian Legislasion. 2024. Vol. 17. № 8. P. 25-31. (in Russ.) DOI: 10.33693/2072-3164-2024-17-8-25-31. EDN: QQFMKU
Reference list:
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Legal experiment and improvement of legislation. V.I. Nikitinsky, I.S. Samoshchenko (eds.). Мoscow., 1988. 304 р.
Legal models and reality: a monograph. Yu.A. Tikhomirov, E.E. Rafalyuk, N.I. Khludeneva (eds.). Мoscow., 2014. 280 p.
Repyev A.G. Legal experiment and law-making experience as special models of legal regulation: technique, practice, limits. Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2023. № 1 (97). Pp. 44–52.
Sivitsky V.A., Sorokin M.Yu. Legal experiment and development of law. Right. Journal of the Higher School of Economics. 2016. № 4. Pp. 15–30.
Fatyanov I.V. The law-making experiment in Russia as a method of legal regulation: Dis. ... of Cand. Sci. (law). Omsk. 2015. 35 р.
Chagin I.B. The essential characteristic of the legal experiment. Siberian Legal Bulletin. 2021. № 1. Рр. 14–18.
Chagin I.B. Law-making experiment and evaluation of its effectiveness (theoretical and legal research): Dis. ... of Cand. Sci. (law). Irkutsk. 2022. 27 р.
CHagin I.B. Pravotvorcheskiy eksperiment i otsenka ego rezul tativnosti (teoretiko-pravovoe issledovanie): avtoref. dis. kand. yurid. nauk. Irkutsk. 2022. 27 s.
Keywords:
legal experiment, foreign trade in goods, pilot project, customs control, customs preferences, technical regulation.
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