European experience in preventing and combating crime by customs authorities and the possibility of its use in Ukraine
Abstract
Nowadays, quite effective systems have been formed in the world to combat and prevent customs crimes in general and by customs authorities, however, the experience of not all states is positive. The article, based on the analysis of the scientific views of scholars, summarizes the experience of the leading European countries (on the example of Great Britain, France, Germany) in the field of preventing and combating crime by customs authorities. Both positive and negative aspects of the experience in the field of combating crime in these countries are singled out. The analysis of foreign experience in preventing and combating crime by customs authorities made it possible to formulate the following points that should be used by the domestic legislator: firstly, a high level of material, technical and financial support of the customs authorities, which makes it possible to more quickly respond to existing challenges; secondly, the customs authorities of the vast majority of countries have a wide range of powers in the context of the implementation of intelligence operations; thirdly, a high level of interaction and exchange of information between the EU countries in the framework of combating customs crime; fourthly, an important aspect of combating and preventing customs crime is the professional training of customs personnel; fifthly, on the example of foreign countries in Ukraine, it was expedient to strengthen administrative and criminal liability for violation of customs legislation; sixth, a high level of social and financial support for customs employees.
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References
Berr, C. J., & Tremeau, H. (1988). Le droit douanier: regime des operations decommerce international en France et dans la C. E.E. Paris: Economica.
Bocharova, N. V. (2011). Public and private partnership in the field of protection of intellectual property rights: the current experience of Switzerland. Intellectual Property: Scientific and Practical Journal, 10, 32-35.
Chentsov, V. (2009). Features of public administration of the French customs service. State and regions. Series: Public Management and Administration, 2, 180-183. http://pa.stateandregions.zp.ua/archive/2_2009/38.pdf
Chentsov, V. V., & Mazur, A. V. (2018). Organizational and legal mechanism of customs development in Ukraine. Legal Position, 1(18), 84-98.
Davydovska, H.I. (2016). Historical and legal aspects of evolution customs regimes France. Scientific Bulletin of KSU. Series «Economic Sciences»,1(18), 25-27. http://www.ej.kherson.ua/journal/economic_18/1/7.pdf
Deutsches Strafgesetzbuch. (1871). https://dejure.org/gesetze/StGB
Die Kriminalpolizei des Zolls / Gewerkschaft der Polizei. Bezirksgruppe Zoll. Bezirk Bundespolizei. https://www.gdp.de/gdp/gdpbupo.nsf/id/DG_13_BZGZoll_Zollfahndun
Kostyuk, V. (2019). The experience of European countries in preventing crime in the field of intellectual property. Scientific Bulletin of the International Humanities University. Series: Jurisprudence, 39, 115-117. DOI: https://doi.org/10.32841/2307-1745.2019.39.26
Melnyk, O. G., Todoshchuk, A. V., & Adamiv, M. Ye. (2018). French Experience in Establishing and Functioning of Customs System: Projection to Ukraine in the Conditions of European Integration. Business Inform, 7, 38–43. http://www.business-inform.net/export_pdf/business-inform-2018-7_0-pages-38_43.pdf
Panov, I. O. (2021). Role of Customs Legislation and Practice of Its Implementation in the Protection of Fauna of Ukraine. Law and Safety, 81(2), 27-32. https://doi.org/10.32631/pb.2021.2.03
Petrova, I. (2019). German Customs Service in the integrated system of customs services of the European Union. Entrepreneurship, Economy and Law, 1, 121–126.
Popivniak, O. I. (2018). International experience in ensuring customs security. Electronic scientific edition "Efektyvna ekonomika", 2, http://www.pravo.nayka.com.ua/pdf/2_2018/82.pdf
Savarets, A. (2017). Ukrainian and foreign experience in building customs authorities: recommendations for modern Ukraine. http://www.ier.com.ua/files/Projects/Projects_2014/Trade_Facilitation_dialogue/Ukrainian_customs_service_Savarets_2017.pdf
Vasyliev, V. M. (2018). Structure and content of administrative and legal status of the subjects counteracting offenses in the field of entrepreneurial activity. Law and Safety, 70(3), 10-15. https://doi.org/10.32631/pb.2018.3.01
Yaromii, I. V. (2017). Concerning the possibility of using foreign experience of functioning of customs authorities in Ukraine. Actual problems of native jurisprudence, 6(4), 382-385.
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