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Theoretical and Practical Basics customs control


Author: Ciobanu Octavian
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2016
Scientific adviser: Teodor Cârnaţ
doctor habilitat, professor,
Institution: Moldova State University

Status

The thesis was presented on the 30 December, 2015
Approved by NCAA on the 25 February, 2016

Abstract

Adobe PDF document – 0.34 Mb / in romanian

Thesis

CZU 349:339.543 (478) (043.2)

Adobe PDF document 1.48 Mb / in romanian
176 pages

Keywords

customs control, form of customs control, risk analysis, documentary and informational control, physical customs control, corporal control, control after customs clearance, customs supervision, goods expertise and that of means of transport

Summary

Structure of the thesis: introduction, 4 chapters, general conclusions and recommendations, bibliography of 205 sources, 1 annex, basic text consisting of 152 pages. The results are published in 8 scientific articles.

Field of study: Institution of customs control as part of customs law.

The goal and objectives of the thesis. The purpose of this paper is the scientific analysis of customs control organization by determining the concept of customs control of its forms, the customs control procedure, the technical means used to achieve it, and formulate practical recommendations for increasing the effectiveness of this control. Research objectives concern: disclosure of national and international legal framework in the field of customs control; identifying and defining the concept of customs control; establishment and analysis of the principles and forms of customs control; determining the role of risk analysis system on establishing the form of customs control; determining the defining elements of the documentary and informational control of goods; establishing the realization of physical control of goods and means of transport; analysis of corporal control as an exceptional form of customs control; identification of customs supervision as a specific stage of customs control; determining the matters of achieving subsequent control; identification of technical means applied for the realization of customs control; establishment of the particularities of goods expertise when performing customs control.

Scientific novelty and originality are founded by: the exclusive first presentation in the science of customs law of the Republic of Moldova of issues of the institution of customs control, in terms of theoretical parts of acceptation, essence and legal nature, of its characters and particularities, under which were formulated theoretical conclusions and recommendations for the improvement of the legislation of reference.

Important scientific problem solved in area, consists in analyzing complex and multidimensional theoretical and practical institution customs for highlighting specific principles of realization of customs controls, forms of control and procedure of customs control in Moldova, which led to clarification customs theorists and practitioners of the principles, forms and customs control procedures to increase its effectiveness in terms of risk analysis. Theoretical significance of the research is completed by a scientific analysis of the examination of peculiarities of the customs control institution; through a considerable contribution to the development of local theoretical foundations concerning the nature and legal essence of customs control; connected with the realities present in the practice of customs authorities; clear exemplification of customs control forms joined with the present realities in doctrine and practice; emphasizing of the criteria and specific parameters of the defining elements of documentary and informational control of goods, physical control of goods and means of transport, corporal control as an exceptional form of customs control and customs supervision as a specific stage of customs controls, taking into account the overall and particular interests involved in these forms of customs control. Reformulated concepts of customs control and its principles, as well as the forms of realization of customs control, or of technical means applied when performing the customs control, which will facilitate the process of amending and completing the legal framework of customs authorities’ activity. The practical value of the paper, assumes that the analysis of the institution of customs control will be useful for academic process, the scientific and teaching process and for the persons who are working within the customs authorities for a better understanding of the mechanism of realization of customs control and for the scientific substantiation of the work on transposition and practical realization of the forms of customs control. Also, the importance of the study involves benchmarks useful in legal regulations of customs control and it aims recommendations in order to amend and optimize the legislative and regulatory framework in the field of customs control. As a result, the submitted law ferenda proposals, are considered by us to be useful for the development of national customs laws in general, and also for determining the procedure for realization of customs control, particularly. Implementation of scientific results was carried out by covering the theoretical findings and practical recommendations in scientific articles published in specialized journals and by their presentation within the framework of scientific conferences and by presenting them within the framework of national and international profile.