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Customs law is a branch of the law of the Republic of Moldova. It is studied in higher education as a course unit in the specialty law. Duty is an essential material in the units under public law.
Customs law is a branch of the law of the Republic of Moldova. It is studied in higher education as a course unit in the specialty law. Duty is an essential material in the units under public law.
Customs law is a branch of the law of the Republic of Moldova. It is studied in higher education as a course unit in the specialty law. Duty is an essential material in the units under public law.
Duty is a relatively new course unit in Moldova. Being a branch of the law of the Republic of Moldova , duty is studied in higher education as a course unit in the specialty law . The place and role of the course unit concerned in education is quite important because the essential changes in jurisprudence and economy have stimulated increasing interest in the customs legal relations . This course unit in any measure aims to put their future professional basis . It certainly is one of the basic building blocks of science in general law . Moreover , duty is an essential material in the units under public law. Course unit that has the task to familiarize students with how law specialty organization and functioning of the customs system of the Republic of Moldova and realization of customs . Compared coding system and its duty shall be submitted to the advanced requirements because the customs is a basic source of income of the state budget . Strategic Concept Customs duty rate requires knowledge of the general principles of organization of the customs tariff regulation of foreign economic activity of import / export cargo origin , customs valuation , tariff measures regulating foreign economic activity and clearance procedure customs documents , regimes ( destinations ) customs and international cooperation in customs . Knowing them will allow the creation of a concept transparent duty and a practical application of the knowledge acquired . Study unit under customs law in institutions of higher education in Law requires properties need not only basic customs normative acts pertaining to economic, financial , trade and so on , and theory related to the branch of law in question . This leads to the formation of not only specialists in customs , but also in other fields of activity necessary for the functioning of a democratic state . Study material is required for both students of law and people who do their masters or doctoral studies and customs officials and traders who practice foreign economic activity . in the postgraduate studies ( MA, PhD ) unit of the customs duty is being studied more in depth , taking into account the trends and prospects of the legislation and the practice of customs and conceptions of legal doctrine . Customs Law Study course unit , formed skills to correctly interpret legal standard customs to correlate concepts previously studied actual application in practice and , also , to solve any problem of customs duty .
II . Skills developed during the course 1 . The knowledge level of the student must : define the concept of customs activity ; identify the subject matter of duty ; define duty as an independent branch of law; To determine the role of customs in foreign economic activity ; to determine the rights and obligations of the declarants and customs . classify duty springs ; February . Application level student must : generalize peculiarities enforcement duty ; generalize the peculiarities of appearance, change and extinction of legal customs ; establish customs documents required for each type of system ( destination) customs ; describe the stages of customs clearance of goods and means of transport; March . Integration level student must : to know the orientation of state policy in the field of customs ; to evaluate the role of customs in the country's development ; determine the role and place of duty in the legal system ; propose legislative initiatives in customs ; present solutions or correct qualifications customs fraud or practical exercises ; propose new ways of improvement and simplification of customs procedure ; propose new ways observed; propose new ways of improvement and simplification of customs control ; III . IDENTITY INFORMATION COURSE
Section Course unit code Year of study
Semester
The number of hours the unit responsible course evaluation C S L Nr . Officer Evaluation Form DAY S.04.A.40 II IV 30 30-4 Exam R. Grigora F / R S.04.A.30 II IV 20 4-4 Exam R. Grigora
IV . THEMES AND INDICATIVE BREAKDOWN OF HOURS Thematic plan of lectures and seminars on customs law course unit
No. . NAME DAY BASIS F / R P S P S One . Activity Moldovan customs 1 1 1 - February . Duty - the branch of law and discipline of study 1 1 1 - Three . System springs subjects of Moldova duty 1 1 1 - April . Customs legal rule and the legal customs 1 1 1 - May . Moldovan customs system 2 2 1 1 June . Customs , customs offices and posts of Moldova 2 2 1 1 July . Customs Service of Moldova bodies 2 2 2 - August . Transporting goods across the customs border of the Republic of Moldova 2 2 2 1 September . Regimes ( destinations ) Customs 4 4 2 - 10 . Rights import / export 4 4 2 - 11 . Clearance of goods and means of transport 6 6 4 - 12 . Liability for fraud Customs 4 4 2 1 Total 30 30 April 20
V. INDEPENDENT WORK STUDENTS
No. . d / o content of individual work Nr . No. ZI hours . hours FR One . Examination Chapter I, of the Code of the Republic of Moldova " customs and organization of customs ." June 2 Two . Study on the emergence of legal doctrine development and improvement of customs law as complex and independent branch of law as well as sources and subjects involved in customs . June 4 Three . Analysis and examination of the legal status of the Moldovan customs http://customs.gov.md/index.php?id=11 , competence and achievement of its forms (Article 9-10 of the Code of the Republic of Moldova) ; Study of the basic functions of customs (Article 11 of the Customs Code of the Republic of Moldova) and feature a unique system of customs . Report . April 8 April . Examination Chapter XII of the Code of the Republic of Moldova , the characterization of the legal status of the Customs Service , Customs and Moldovan customs post http://customs.gov.md/index.php?id=11 ; Determination of tasks, functions and rights of these organs and identify their organizational structure http://customs.gov.md/index.php?id=2 ; 6:10
May . Examination of the law on customs service http://customs.gov.md/index.php?id=11 , the Government Decision on approving the Regulation on service satisfaction by body control customs control of state organs Moldovan and disciplinary body control customs control state organs http://customs.gov.md/index.php?id=11 and code of conduct of the customs http://customs.gov.md / index.php ? id = 11 Definition of customs service , identifying principles of employment in the customs service , determine the rights and obligations of customs officers , characterization exercise conditions on customs service to determine how social protection of the customs service ends distinguishing moments in customs and restore the customs service . Report . 6:10 June . Examination of the law on the import and export of goods from the territory of Moldova by natural persons http://customs.gov.md/index.php?id=11 ; Establish general conditions of passage of goods across the customs border , determining the rights and obligations of individuals to the movement of goods across the customs border , determining the conditions for import and export of cultural values and auto transport . http://customs.gov.md/index.php?id=1160 Case study . Disposition of goods crossing the customs border . 8:10 July . Examination Chapter II , of the Code of the Republic of Moldova Government Decision on approval of the application of customs destinations http://customs.gov.md/index.php?id=11 ; definition of system ( destination) Customs Customs , their classification, identification of their contents ; determination procedure and conditions for granting their placing under regimes (destinations ) customs ; Case study . Case-studies on the determination of clearance for each type of system ( destination) customs . 8:12 August . Examination Chapter III , of the Code of the Republic of Moldova and the Law on Customs Tariff http://customs.gov.md/index.php?id=11 ; Definition of import / export base for their determination and establishment and enforcement procedure of import / export ; Feature of the concept of value added tax , customs fee and feature procedures methods for determining the customs value ; determine the rights and obligations of customs declarants and to determine the customs value ; Case study . Establish procedures for determining the country of origin of goods. 8:12 September . Examination Chapter IV -V of the Code of the Republic of Moldova Government Decision approving the Regulation on the procedure for electronic clearance of goods for export , the Government Decision approving the Regulation on the activity of customs broker and customs clearance specialist http: / / customs.gov.md / index.php ? id = 11 . Determination of customs procedure and stages of goods, the role and place of customs broker customs documents ; determining the rights and obligations of the declarant in the clearance process ; identification forms , stages and procedure of customs control and customs declaration . Case study . Customs declaration . 8:12 10 . Examination Chapter X - XI of the Customs Code of the Republic, Art. 287, 311 of the Code of Administrative Offences of the Republic, Art. 248-249 of the Criminal Code of the Republic of Moldova , http://customs.gov.md/index.php?id=11 , http://lex.justice.md/ , definition of fraud ( misdemeanor ) procedure, determining the types her responsibility in determining the types of customs law, the pleadings in the case of customs offenses and determine the appeal procedure of customs decisions . 6:10 Total 60 hours 96
VI. CALENDAR of the course
OBJECTIVES OF REFERENCE CONTENTS
distinguishing features that characterize basic customs duty in a particular historical period ; to distinguish historical periods of development of customs duty; to assess the main sources of duty ; define the concept and content of customs ; distinguish the purpose of customs ; to characterize the main elements that are part of the structure of customs ; Identify the role of the customs in modern economies ; define the concept of customs legislation ; define and apply the correct terminology customs ; Identify the goals, methods and principles to promote customs policy I. Moldovan Customs Activity One . History and customs policy work Two . Notion , purpose, content and structure of customs Moldova March . Customs legislation April . Customs policy : aims, methods and principles to promote its define the concept and scope of duty ; duty to distinguish methods ; to determine the purpose of customs duty; define the general principles of duty ; define specific principles of duty ; to determine the importance of duty in relation to other branches of law II. Duty - the branch of law and discipline of study One . Notion , object and method duty Two . Purposes and principles of the Customs March . Duty ratio with other areas of law define the concept of duty system ; Identify the principles and criteria of customs law system define the concept of source of customs duty; distinguish and characterize the types of sources of duty ; Identify the legal acts in the sphere of customs activity; define the concept of subject of customs duty; identify the types of subjects duty . III . The springs and subjects duty January . Duty system : principles and criteria of his Two . Sources of Tariff: concept , types and their characteristics Three . Subjects duty of Moldova and their types define the concept of legal rule legally customs and customs ; Identify the structure of legal norms and legal relationship customs customs ; distinguishing types of legal norms and legal relations customs customs ; to discern the times of appearance, change and extinction ratio customs legal ; to refer the times of entry into force or discontinued legal norms customs ; define the term customs territory ; define the concept of legal enforcement of customs ; Identify the concept of immunity. IV . Legal rule and the legal customs customs One . Notion , structure and types of legal norms customs Two . Proceedings legal norms customs in time, space and the people Three . Notion and types of customs legal relationship
define the concept and legal status of customs bodies of the Republic of Moldova; to characterize the customs system ; describe the competence of customs ; Identify basic functions and duties of customs ; to characterize the unique system of customs and stages of development . V. The customs authorities of the Republic of Moldova One . Notion and legal status of customs bodies of the Republic of Moldova Two . Jurisdiction customs and forms of its realization Three . Functions of customs April . Feature unique system of customs to characterize the legal status of the Customs Service , Customs and the customs post of the Republic of Moldova; to determine the duties , functions and rights of the Customs Service , Customs and the customs post of the Republic of Moldova; Identify the organizational structure of these organs ; VI. Customs offices and customs posts of the Republic of Moldova 1 . The legal status of the Customs Service of the Republic of Moldova: the duties , functions and rights February . Organizational structure of the Moldovan Customs Service March . Juridical status of the customs office and customs post : tasks and their basic functions define the concept of service in customs; Identify the principles of employment in the customs service ; to determine the rights and obligations of customs officers ; to characterize the conditions for the exercise customs service ; determine how welfare customs enforcement officials ; distinguish moments customs service termination and restoration service in customs . VII. Customs service One . Notion and principles of employment in the customs service February . Awarding special Three . Rights and obligations of customs officers and customs service performance April . Conditions on customs service and social protection of customs officers May . Termination customs service June . Restoring the customs service define general principles goods crossing the customs border ; establish conditions under which the goods across the customs border ; to determine the rights and obligations of individuals to the movement of goods and cash across the border ; to determine the conditions for import and export of cultural values ; to determine the conditions for import and export of auto transport . VIII. Transporting goods across the customs border One . General principles goods crossing the customs border of the Republic of Moldova Two . Switching funds border of the Republic of Moldova Three . Import and export of cultural April . Inserting and removing auto transport define the concept of customs regime or customs procedure ; classify regimes ( destinations ) customs ; Identify content regimes ( destinations ) customs ; to determine entitlement to the procedure ( destinations ) customs ; to determine the conditions for placing the goods under regimes (destinations ) customs to determine the clearance procedure for each type of customs procedure or customs ; IX. Regimes ( destinations ) customs One . Notion of a ( destination) customs Two . Classification schemes ( destinations ) customs Three . Contents regimes ( destinations ) customs April . Choice , modification or waiver of customs regime or customs procedure
define the notion of the import / export ; to determine the basis on which the rights of import / export ; Identify and apply the procedure of duty ; to characterize the notions of value added tax and customs procedures fees ; define the concept and methods of determining the customs value ; to determine the conditions of application of the methods of determining the customs value ; to determine the rights and obligations of customs declarants and to determine the customs value ; Determine how to determine the country of origin of goods; identify tariff concessions ; establish the repayment of amounts overpaid duties . X. Rights import and export rights One . General feature of import / export February . Customs valuation : methods for the determination and the application of their March . Duty . Types . Collection mode . facilities April . Procedure application and fee levying customs procedures May . Excise . Types . Collection mode . facilities June . Value Added Tax . Types . Collection mode . facilities define clearance procedure ; to determine the procedure of issuing customs documents ; to determine the conditions for approval of customs clearance ; Identify stages of customs clearance of goods and means of transport; Identify the role and place of customs broker customs documents ; to determine the rights and obligations of the declarant in the clearance process ; define the concept and forms of customs control ; Identify the purpose of customs control ; Identify stages of customs control ; to determine the rights and duties relating to customs control ; to determine the customs control procedure ; to determine the rights and obligations of the declarant. define the concept of the customs declaration ; identify the rights and obligations of the declarant ; Identify the steps of declaring goods and means of transport; to determine the forms of declaration. XI. clearance 1 . General principles on customs documents . Preliminary operations . Two . Feature customs supervision Three . Notion of essence and content of customs control. Control information , economic and physical April . During customs clearance Cargo define the concept of customs offenses ; Identify the types of customs offenses . Identify the concept and types duty liability ; to determine the pleadings in the case of customs offenses ; to determine the appeal proceedings customs decisions . XII. Liability for customs fraud One . Notion of fraud ( misdemeanor ) customs ; Two . Classification fraud (misdemeanor ) customs Three . Notion and types of liability duty April . Procedural May . Appealing the decision of the customs of the case of customs offenses VII. Current assessment of the course unit Summative assessment is carried out periodically by the current evaluation tests , essays , verbal responses , case studies and case-studies .
Sample no. 1 I. Transporting goods across the customs border Define general principles goods crossing the customs border ; Describe the conditions of transit of goods across the customs border ; Determine goals goods crossing the customs border . II . customs control Define the concept of customs control; Determine the direction and principles of organization of customs control ; Describe the essential features of customs control ; Classify forms of customs control . III . resolve the particular case On 02/04/13 when customs control the customs declaration submitted by SRL , UNIT " found that import duties were calculated based on the official exchange rate of foreign currency ( in which merchandise was evaluated according to the sale contract may be ) to Moldovan leu of 02/01/13 . Expose subsequent actions of the customs body content ?
Sample no. 2 I. Tariff Define the concepts of Tariff and duty ; Classify the types of duties ; Define the concept and methods of determining the customs value ; Determine how to set the country of origin of goods. II . Customs offense and its types Concept of customs fraud ; Classification of customs fraud . III . resolve the particular case On 01.02.13 Ltd , UTIX "imported in Moldova by customs office Leueni the consignment . Economic agent and has its headquarters in Balti m . On 06/02/13 the company representative to the Bureau of Customs "North" customs declaration declaring that match . This time was recorded minutes of violation of customs rules . Customs officers actions were correct drawing up the minutes ? If "no" , why ? Arguments. If "yes " , why expose the preparation of the given ?
Sample no. 3 I. regimes ( destinations ) customs One . Define the notion of a ( destination) customs ; Two . Classify regimes ( destinations ) customs ; March . Regimes Play content ( destinations ) customs ; April . Determine the procedure of choice , modification or waiver of the customs ( customs destination ) . II . Liability to duty Define the concept and types duty liability ; Describe the procedure for appealing the decision of the customs . III . resolve the particular case Ltd mind " at the time of declaration of the consignment , the customs value calculated according to the method no.4 (based on unit cost of goods ) avoiding method no. 1 (based on the transaction value of the goods or in the price actually paid or payable ) . Customs authority is entitled to accept this value?
VIII. FINAL EVALUATION UNIT RATE : EXAM The final evaluation shall take the form of an oral exam .
FINAL ASSESSMENT QUESTIONNAIRE One . History and customs policy work Two . History of the customs system of the Republic of Moldova Three . Notion , purpose, content and structure of customs Moldova April . Customs legislation May . Customs policy : aims, methods and principles to promote its June . Notion , object and method duty July . Purposes and principles of the Customs August . Duty ratio with other areas of law September . Duty system : principles and criteria of his 10 . Sources of Tariff: concept , types and their characteristics 11 . Subjects duty of Moldova and their types 12 . The concept , structure and types of legal norms customs 13. The action legal norms customs in time, in space and on people 14. The concept and types legal relationship Customs 15 . The concept and legal status of customs bodies of the Republic of Moldova 16. Jurisdiction customs and forms of its realization 17. Functions of customs 18. Feature unique system of customs 19 . The legal status of the Moldovan Customs Service . 20 . Duties , functions and rights of the Customs Service 21. The organizational structure of the Moldovan Customs Service 22. The legal status of the customs office and customs post : tasks and their basic functions 23. The concept and principles of conduct customs service 24. Rights customs officers 25 . Obligations of customs officers 26. Exercising customs service 27. Conditions on customs service 28 . Termination customs service and restore service in customs 29. General principles goods crossing the customs border of the Republic of Moldova 30 . Switching funds border of the Republic of Moldova 31 . Inserting and removing jewelry 32. Import and export of cultural 33. Import and export of auto transport 34 . The concept and system characteristics ( destination ) customs 35 . Classification schemes ( destinations ) customs 36. Import / export of goods 37 . Customs Transit 38 . Customs warehouses 39. Inward processing 40 . Processing under customs control 41 . Temporary 42 . Outward processing 43 . The free zone 44 . Duty- free shop 45 . Reexport, reimportation , destruction and abandonment to the State 46 . Tariff: concept and legal nature of duty 47 . The setting and enforcement of customs duty and its types 48. The customs value of goods 49 . Customs valuation : methods for the determination and the application of their 50 . Determining the country of origin of goods and tariff benefits 51. General principles of customs clearance. 52. The customs broker 53 . Notion of essence and content of customs control 54. The forms of customs control 55 . Notion customs declaration and declaration forms 56 . Declarant : rights and obligations 57 . Completion and registration of customs declaration 58 . Rectification , cancellation and track customs declarations 59 . Notion of customs fraud and customs fraud classification 60 . Notion and types of liability duty 61 . Prescription duty 62 . Offences liability contravention 63 . Offences material liability 64 . Costs of customs offense case 65 . Investigating the case of customs offenses 66 . Appealing the decision of the customs authority of the case of customs offenses 67 . Execution of the decision of the customs penalties for customs contraventions 68. Customs facilities . 69 . Operative investigation and prosecution of customs 70 . The application of physical force , special means and firearms
IX. THEMES AN INDICATIVE thesis / dissertation LICENSE January . Duty - the branch of law and discipline of study Two . Principles duty March . Customs Legal Report April . Customs authorities of the Republic of Moldova May . Service in customs June . Declarant , customs broker , customs carrier - subjects of the legal relationship Customs July . Feature customs destinations August . Definitive characteristic of customs September . Feature suspensive customs regimes 10 . Customs warehouse - customs- way 11 . Import - customs- way 12 . Destination customs - free zone 13. Destination customs - inward 14. Customs Cargo 15 . Conditions of issuing transport documents duty 16. Transportation of goods under cover of TIR Carnets 17. Transporting goods under CMR 18. Conditions of issuing commercial acts 19 . General feature of import / export 20 . Duty - manifestation of the right of import / export 21. The value added tax - a manifestation of the import / export 22. Smuggling - economic crime in the sphere of customs 23. The customs value . general characteristic 24. Feature material liability imposed for violations of customs rules 25 . Feature crimes related to customs 26. Offenses committed by persons holding responsible positions in customs 27. Customs declaration - basic act of customs work 28 . Passage of goods across the customs border 29. Clearance 30 . Customs and Currency Control in Moldova 31 . The international cooperation in customs sphere
X. Information Resource I. Treaties international customs One . Convention on Temporary Admission agreed at Istanbul on 26 June 1990 (RM joined by Law No. . 253 of 05.12.2008 ) . It came into force on 2 May 2009. Two . Association issuing and guaranteeing associations temporary securities ( ATA and CPD) under the Convention is designated by Government Decision no . 495 of 14.08.2009 Three . Convention on creating the Customs Cooperation Council , done at Brussels on 15 December 1950 (RM joined by Parliament Decision No. 164 -XIII of 30.06.1994 ) .