RESOLUTION OF INTER-PARLIAMENTARY ASSEMBLY OF EURASIAN ECONOMIC COMMUNITY

of April 14, 2005 No. 6-10

About harmonization of regulatory framework of state members of EurAsEC in the conditions of reforming of the customs legislation

The inter-parliamentary Assembly decides:

1. Take into consideration information on harmonization of regulatory framework of state members of EurAsEC in the conditions of reforming of the customs legislation it (is applied).

2. Send the specified document to the parliaments, the Secretariat of Integration Committee of EurAsEC interested state bodies of the countries of Community for use in practical activities.

3. The permanent commission of MPA on customs regulation and boundary policy and the Secretariat of MPA Bureau together with the Secretariat of Integration Committee of EurAsEC and Council of heads of Customs Services under Integration Committee (under approval) to complete work on studying of law-enforcement practice and approval of approaches to reforming of the customs legislation in 2005.

Appendix

to the resolution MPA of EurAsEC of April 14, 2005 No. 6-10

Information on harmonization of regulatory framework of state members of EurAsEC in the conditions of reforming of the customs legislation

By this moment in state members of Eurasian economic community the period of forming of qualitatively new regulatory framework of the customs legislation practically came to the end.

In the Republic of Belarus the draft of the Customs code is at the final stage of its acceptance in parliament of the state.

In the Republic of Kazakhstan the Customs code is accepted on April 5, 2003 and during 2003 - 2004 changes taking into account law-enforcement practice were made to it.

In the Kyrgyz Republic since January 1, 2005, according to the Law of the Kyrgyz Republic of July 12, 2004 No. 88 "About enforcement of the Customs code of the Kyrgyz Republic", took effect the new Customs code of the Kyrgyz Republic.

The customs code of the Russian Federation is accepted on May 28, 2003. Taking into account law-enforcement practice in it as well as in the Republic of Kazakhstan, changes are made.

In the Republic of Tajikistan the new Customs code which is enacted since January 1, 2005 is also accepted on December 3, 2004.

The main objective of preparation of new editions of customs codes in the states of Community is enhancement of the customs legislation according to the regulations and rules accepted in the international practice of regulation of customs affairs and also unification of customs procedures within integration educations.

All customs codes are developed on the basis of the principles of the Kyoto convention on simplification and harmonization of customs procedures of 1999.

With adoption of new customs codes in state members of EurAsEC almost new, conforming to the conventional international standards legal base of customs affairs is created, necessary conditions for upgrade of system of customs authorities are created. New customs codes are not editions of the former laws, and the documents constructed on new ideology of customs regulation taking into account modern economic realities.

This information represents the overview of basic provisions of new customs legislations of the states of Community, their similarity and distinction.

About condition of development of the new Customs code of the Republic of Belarus

Now development of new edition of the Customs code of the Republic of Belarus is complete.

The project underwent approval in the ministries and departments of the Republic of Belarus.

As well as in the Russian Federation, the main objective of preparation new editions of the Customs code of the Republic of Belarus is enhancement of the customs legislation according to the regulations and rules accepted in the international practice of regulation of customs affairs and also unification of customs procedures within integration educations.

In this regard in the new edition of the Customs code the basic principles and mechanisms of regulation of the foreign trade relations accepted by World Customs Organization, first of all containing in the Kyoto convention on harmonization and simplification of customs procedures of 1999 are considered.

Considering the international obligations of the Republic of Belarus which are defined by the Agreement on creation of the Union State of December 8, 1999 and the programs and plans adopted in its development, and also for the purpose of unification of customs procedures of the Republic of Belarus and the Russian Federation the Customs code of the Russian Federation is taken as basis by preparation of the project of new edition of the Customs code of the Republic of Belarus.

Distinctions at the national level acting tax, foreign trade and some other legislations, and also the existing regulatory legal base concerning customs regulation demanded essential conversion of the Customs code of the Russian Federation taken as basis. At the same time the basic principles of customs regulation which are underlain in new edition of the Customs code of the Republic of Belarus are approved and unified with provisions of the Customs code of the Russian Federation.

The normative instructions of acts of the President and the Government of the Republic of Belarus regulating along with the existing Customs code customs legal relationship, as well as the practice of application of the customs legislation acquired in thirteen years of existence of Customs Service of the Republic of Belarus, fixed in provisions regulatory legal acts of the State Customs Committee of the Republic of Belarus found reflection in the project of new edition of the Customs code.

The draft of the Customs code of the Republic of Belarus consists of seven Sections including 36 Chapters. Stopping in more detail on separate provisions of the draft of the Customs code it is possible to note the following.

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