In the public administration system, the customs authorities play an important role. The law enforcement activity of this element of the executive branch has several main directions and is implemented in various forms. In the article, we will consider the features of customs in Russia and government agencies that perform not only a fiscal, but also a protective function, and determine the main ways of developing and improving the work of these state structures.
Law and rule of law protection
The activities of organizations that belong to the category of law enforcement are aimed at ensuring the rule of law and legitimacy, protecting the rights, freedoms and legal interests of citizens, state and non-governmental organizations, and combating various types of offenses.
The essence of the law enforcement activities of the customs authorities in the Russian Federation boils down to protecting the country's security not only economically. Of particular importance is the protection of sovereignty and the protection of the economic interests of all subjects of state power. The main document that determined the status of this structure and regulated the procedure for its operation was the Customs Code of the Russian Federation not so long ago. Now the tasks of law enforcement activities of customs authorities are regulated by the EAEU Customs Code.
The Federal Customs Service of Russia deserves special attention as the central executive body in the legal branch under consideration. The provision on it says that this state organization is called upon to fight smuggling, to suppress economic crimes and administrative offenses. The main areas of law enforcement activity of customs authorities also include the establishment of a ban and restrictions on certain groups of goods that move across the state border of the Russian Federation.
The main tasks that the FCS and the units under its control should strive to achieve are considered to be:
- guarantee of economic security of the state and the unity of its territories;
- the requirement of compliance with legislation from participants in customs relations;
- control over the implementation of legitimate rules and regulations within the framework of the competency granted.
Key Functions and Powers
Law enforcement activities of the customs authorities of the Russian Federation imply the performance of a number of professional functions that confirm their human rights mission. Thus, the Customs Code of the Customs Union, which was in force until recently, and now replaced by the Customs Code of the EAEU, gave the customs authorities the function of conducting measures for the preliminary investigation of cases of smuggling, illegal export of technologies and other crimes in this area from the territory of the Russian Federation. In this sense, the mandatory direction of law enforcement activities of the customs authorities is the adoption of appropriate measures to detect violations and detention of dangerous criminals, smugglers, in accordance with the provisions and articles of the Code of Criminal Procedure of the Russian Federation.
The second function of customs officers is permissive. The law enforcement activities of the customs authorities include compliance with the licensing order when moving citizens, their cars and trucks, various products across the state border. In addition, the FCS employees are required to combat smuggling, prevent or stop violations of applicable tax laws.
Another function is consulting and information. One of the areas of law enforcement activity of the customs authorities is the provision in response to requests from citizens and other state bodies of information regarding issues of crossing a checkpoint at the border. Customs officers keep statistics of foreign economic trade operations, carry out registration and control, creating conditions for uninterrupted commodity circulation across the border.
Coercive Measures
The law enforcement activities of the customs authorities include the possibility of legal enforcement measures during its implementation. Like other representatives of the federal government, for the performance of their duties, customs officers have the right to resort to various measures of influence:
- customs control of documents and information of citizens, officials and legal entities;
- entering data into the accounting system;
- inspection of personal belongings, inspection of vehicles and goods transported in them.
In addition, one of the forms of law enforcement activity of the customs authorities is the collection of various monetary amounts and tax fees, duties, etc. The fiscal functions of customs officers are to control the calculation and timeliness of making payments, as well as to take measures to enforce them in cooperation with bailiffs .
Customs authorities are empowered to protect intellectual property. In case of violation of the law, they have the right to initiate criminal cases to combat smuggling, illegal trafficking of antiques, valuables, drugs, to assist in the capture of terrorists, to bring offenders to administrative responsibility, etc.
Characteristics and signs
Law enforcement activities carried out by customs authorities have a number of features. In many ways, it is similar to the law enforcement activity that other executive bodies are engaged in.
First of all, it is worth noting that the powers of customs officers are supported by the right to use legal measures of influence, which include state coercion and enforcement. Apply such measures at customs can only in accordance with the regulations established by federal law. An equally important role is given to measures to prevent unlawful actions, their prevention and suppression.
Law enforcement activities of the customs authorities is of a procedural nature. FCS employees carry out their duties in compliance with certain procedures prescribed by law. Another characteristic feature of the work of law enforcement officers is the inability to engage in this activity in the absence of delegated authority - it refers to the customs service. The units are staffed by trained civil servants who have a legal education and have sufficient professional experience. FCS employees are provided with all necessary material and technical means. In the course of law enforcement, the customs authorities of the Russian Federation on the principles of efficiency and legality make informed decisions on measures of legal impact in order to protect rights from various kinds of violations.
Customs is a whole subsystem of law enforcement agencies that actively interacts with other executive bodies, government agencies, enterprises, healthcare institutions, and private entrepreneurs.
Structure of the FCS divisions
Fulfilling their duty to the state, customs authorities are guided by the Administrative Code of the Russian Federation and the EAEU Customs Code. The law enforcement activities of the customs authorities are implemented in the legal field of Russian legislation, but at the same time they can be guided by individual norms of the Member States of the Union. In addition, in their work, customs officers also apply the Criminal Codes of the Russian Federation, including the procedural one. All these legislative acts are the legal basis for the law enforcement activities of the customs authorities.
The structure of the departments of the central department at this stage has a three-tier system. At the first level is directly the FCS of Russia and its subordinate Anti-Smuggling Directorate. The latter organization consists of several departments:
- organization of inquiry;
- customs investigation;
- investigations of tax evasion;
- the disclosure of crimes related to smuggling and illegal trafficking of drugs across the Russian border;
- on cooperation with law enforcement agencies of other countries;
- information and analytical units;
- quick response units.
A similar list of departments operates in each region. A special place is occupied by units of their own security, built according to the vertical subordination scheme.
Criminal Proceedings
There are several types of law enforcement activities of customs authorities. One of them is the inquiry - an important tool and method for the state, allowing to defend its economic interests, territorial integrity and security. Law enforcement activities of the customs authorities are carried out in the form of a preliminary investigation or preliminary investigation. In general, an inquiry is a comprehensive work of the FCS staff in collecting, checking, evaluating evidence that are important for establishing the circumstances of the case.
Customs officers may conduct a preliminary investigation of one of five offenses provided for by criminal law:
- smuggling (Article 188);
- illegal export of technology, export of scientific and technical information, weapons, military equipment, etc. (Article 189);
- non-return to the territory of the Russian Federation of things of artistic, historical and archaeological significance recognized as the property of the people of Russia or abroad (Art. 190);
- non-return of funds in foreign currency from abroad (Article 193);
- refusal or tax evasion, customs duties, fees (Article 194).
In the field of inquiry, only those officials who have the authority and specialized education for this can be involved. In criminal proceedings, a preliminary investigation is one of the stages of inquiry, which, in case of serious crimes, precedes the investigation and allows the FCS employees to prevent some offenses and collect evidence in the case under consideration.
Conditionally, the law enforcement activities of customs authorities in the field of inquiry can be divided into two categories:
- criminal cases, the preliminary investigation of which is mandatory;
- criminal cases in which a preliminary investigation is not necessary.
FCS employees are empowered to independently determine whether there is a need for a preliminary investigation or not. Inquiry, as well as the initiation of a criminal case, is an independent stage of the criminal process. Moreover, for criminal proceedings there should be a good reason, that is, a recorded fact of an offense. The basis for a criminal case by customs officers is:
- detection during the inspection of signs of a crime with appropriate recording of what is happening in the protocol witnessed by the signatures of witnesses;
- statements and other written appeals of citizens;
- a message from an enterprise, institution, organization or official containing information about the crime;
- information obtained from the media, publications on the Internet;
- surrender.
To initiate a criminal case, the employees of the Federal Customs Service of the Russian Federation use the data on the crime committed in the process of law enforcement. Customs authorities, as a rule, identify signs of unlawful actions in the subject or documentary inspection of a vehicle, transported cargo, identity verification.
Investigation work
This type of law enforcement activity of the customs authorities of Russia is carried out by persons and units authorized to carry out appropriate measures to protect the lives, health, rights and interests of citizens, their property, public safety and the integrity of the state from criminal encroachments. Today, crimes committed in the customs sphere, cause the greatest damage to the country from an economic and political point of view.
In law enforcement, the customs authorities of Russia are most often faced with smuggling committed by organized criminal groups. Large-scale illegal export operations involving the export of strategic developments, raw materials, and energy are causing enormous damage to the state’s economy. Despite an active struggle over many years, there is still an illegal import of weapons, ammunition, and narcotic substances. All these smuggled goods entering the country contribute to the exacerbation of the criminal situation.
The law states that the operational-search and law enforcement activity of customs authorities is carried out in the form of public and secret measures, but more often this type of work is performed by employees behind the scenes. If the task can be solved by open methods, and there is no need to hide information, use special encryption tools and methods, customs officers resort to publicity. The operational-search work is close in content to the criminal process carried out by the bodies of the Ministry of Internal Affairs and the FSB. The legal basis for law enforcement activities of the customs authorities is the Constitution of Russia, the Criminal Code, federal law. Customs officers use the decrees of the President of the Russian Federation, regulatory documents of the Federal Assembly, the Government of the Russian Federation, orders and instructions of the Prosecutor General of the Russian Federation, etc.
To improve the performance of law enforcement, the customs authorities have the right to carry out various actions with the aim of solving crimes, namely:
- interrogate the population;
- make inquiries and collect samples for forensic research;
- carry out test purchases;
- collect evidence;
- request documents;
- monitor suspected individuals;
- to survey premises, buildings, cars with the help of special search devices;
- check the contents of the mail for suspected shipments of illegal items;
- to listen to telephone conversations;
- request information from technical communication channels;
- conduct operational experiments.
In addition, customs officers are authorized to engage in cooperation with persons who show initiative in assisting in the implementation of law enforcement activities. For this, office premises, property of private and public institutions, residential and non-residential funds, vehicles and property of individuals are used.
In the system of customs authorities, only those officials who have the relevant competence can engage in law enforcement activities. Moreover, in their work, they are allowed to use encrypted documents that allow them to hide their identity and belonging to the FCS during the operational search task. Employees have all the necessary powers to create enterprises, institutions, organizations and units, if this will solve the task.
Customs Law Enforcement Principles
After analyzing the law enforcement activities of the customs authorities, it is not difficult to conclude on what principles and ideas it is based. To highlight the main provisions that guide FCS employees in their work, one should turn to federal legislation. According to the EAEU Customs Code, law enforcement activities of customs authorities are based on several principles.
The first is the principle of legality, under which the obligation of officials to follow the provisions of the Constitution of the Russian Federation, the laws and other legal acts regulating this specific area of activity is assumed. Moreover, for the violation of the regulations, the FCS employees face the offensive. As supervisory authorities, the prosecutor's office is called upon to monitor compliance with the law.
The second is the principle of respect for dignity and civil rights. In the course of the performance of official duties, carrying out operational investigative work, the FCS employees are obliged to protect the interests of Russia, its population, legal entities and hold violators accountable.
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In addition, to fully combat terrorism and drug trafficking, it is necessary to expand the structure of the customs authorities of the Russian Federation, which would carry out their law enforcement activities directly on the state border. All of the above problems lead to a decrease in the efficiency of administration in the customs sphere, the maintenance of conditions for unfair competition and the entry of low-quality imported goods into the domestic market.
In what areas is additional development required?
By forming a new and more effective approach to customs administration, it will be possible to solve a number of problems that occur in the system. Innovations will help customs authorities to develop a scheme for timely response to changes that occur in modern international practice, and bring into line with them the structure of domestic customs.
It is also necessary to develop such a direction in the work of customs officials as providing FCS employees with access to various sources of information, including foreign ones, in order to obtain preliminary operational data to prevent damage to the interests of Russians and the country as a whole about smuggled supplies of weapons, drugs, counterfeit or substandard goods Inaccurate declaration and indication of unreliable value.
It is equally important to work on the creation and development of partnerships. International cooperation will make it possible to acquire additional channels, sources of operatively significant information, as well as gain the support of other states in carrying out various events. Customs authorities must conduct preliminary operational checks of the supply of products using operational-search methods.
The fight against corruption and misconduct that arise in the work of the units of the FCS of the Russian Federation is another area in the development of law enforcement. In this matter, the experience of international cooperation, which implies the introduction of effective legal, organizational, technical, and administrative mechanisms to simplify the customs procedure, can be useful.
A huge role for the full development of the law enforcement system is played by ways to expand trade relations, search for partners and a new market for domestic products - all this pushes us to accept the conditions for the development of bilateral relations and the direct participation of government agencies in international cooperation.
Over the past few years, organized criminal groups have made numerous attempts to introduce their members into the divisions of the customs authorities of Russia. The criminals are equipped with the latest weapons, have support not only from outside, but also within the regions. In such circumstances, ensuring the security of law enforcement activities of public servants is an urgent issue not only in the context of operational investigations in the customs industry, but also in terms of preventing corruption.
The main factor in the performance of Russian customs in the field of suppression of administrative offenses has been and remains the development by employees of the Federal Customs Service and territorial divisions of skills in working with the Code of Administrative Offenses of the Russian Federation, the EAEU CC and other documents that regulate the work of law enforcement units and create the legal basis for the suppression of illegal circulation of products, cars and trucks through the state border of Russia. At the same time, the support of the law enforcement status of customs officers is associated with a number of difficulties due to the conduct of operational investigations. Solving problems will take some time. An active search for employees for special and optimized units of the FCS of the Russian Federation is required, as well as the application of joint efforts of other law enforcement agencies.
Completion
It is impossible to ignore the topic of administrative violations of the customs sphere. This is an important issue that deserves serious consideration. According to official and unofficial data, the number of crimes related to smuggling or illegal import of prohibited products, weapons, drugs is not decreasing, which serves as a reason for a thorough review of the customs procedures, their effectiveness and reliability. At this stage of the development of law enforcement, the system of coercion and punishment, there are a number of controversial issues, shortcomings and gaps in the legislation.
The main indicator of the effectiveness of law enforcement bodies is the organization’s widespread opposition to interference in the economic security of the country, the development of tactical opposition to criminals, coordination of all law enforcement agencies and their interaction by expanding the information space. Cooperation with the units of the Ministry of Internal Affairs of the Russian Federation, the Federal Security Service of the Russian Federation, the State Drug Control Service of the Russian Federation, the Prosecutor General’s Office of the Russian Federation can be safely attributed to the priority practical measures aimed at improving the work on detection, suppression and prevention of customs offenses.