To date, the list of bodiesgiven the right to some extent control the scope of foreign trade, is quite extensive. This list includes the President of the Russian Federation, the Government of the Russian Federation, the Federal Customs Committee, the Ministry of Industry and Trade, the Federal Tax Service, the Central Bank, etc. At the same time, it should be taken into account that control issues that are accountable to the above-mentioned bodies directly depend on their competence.
If we examine in detail the concept of "controlforeign trade ", one can understand that this concept is complex, in view of the fact that, in fact, it unites several different types of control.The application of each type of control depends on the specifics of each controlled object of foreign trade.
To date, the main types of control are five.The main one is currency control. Other types of control are represented by customs, tax, quarantine phytosanitary and veterinary control. We will dwell more deeply on such a concept as currency control.
Currency control is a special kind ofstate control, which is implemented to ensure that the state observes currency legislation. Currency control in russia is based on following the following principles:
- compliance with the priority position of economic measures in the implementation of state policy in the aspect of currency regulation;
- exclusion of interference by state bodies in the conduct of currency transactions carried out by residents and non-residents, in the event that such interference is not justified;
- observance of the unity of the internal and external monetary policy of the Russian Federation;
- compliance with the unity of systems of currency regulation and currency control;
- Ensuring that state bodies fully protect rights, as well as economic interests, both residents and non-residents in the process of currency transactions.
The legislative act on the basis of whichthere is currency control carried out by the customs authorities is the federal law No. 173-FZ of 10. 12. 2003 "On Currency Regulation and Currency Control."
The bodies of currency control are given the following powers:
- conducting inspections of compliance by non-residents and residents with the currency legislation of the Russian Federation, as well as legislative acts adopted by the bodies of currency regulation;
- carrying out of verification of reliability and completeness of accounting, as well as submission of reports on foreign exchange operations of non-residents and residents;
- requesting and receiving documents andinformation related to the conduct of foreign exchange transactions, as well as the opening and maintenance of foreign currency accounts. At the same time, a mandatory period is set in which documents must be provided. From the moment of receipt of the request submitted by bodies and agents exercising exchange control, this period can not be less than seven working days.
- issuing instructions for the elimination of violationscurrency legislation of the Russian Federation, as well as legislative acts issued by the bodies of currency regulation, after identifying these violations in the course of currency control;
- application of the measures of responsibility established by the legislation of the Russian Federation to violators of the currency legislation of the Russian Federation, as well as to non-observant acts issued by the bodies of currency regulation.
Let's remind, the currency control is only a partcontrol in the sphere of foreign trade, carried out by the state in a complex manner. This type of control can not be separated from other types of control, in particular customs. Thus, foreign trade control, or rather its features, is primarily determined by the specifics of the object to be controlled.
