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PERFORMANCE OF CUSTOMS FORMALITIES ON MARINE TRANSPORT UNDER THE CONDITIONS OF MARTIAL LAW

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 68)

Publication Date:

Authors : ; ;

Page : 25-33

Keywords : customs formalities; import; transit; martial law; legislative changes; reforms; maritime security; humanitarian aid; military equipment; customs duties; taxes;

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Abstract

The article is devoted to the study of adaptation processes taking place in national legislation in the spheres of customs and maritime law caused by wartime circumstances. The reasons for which the study of sea freight transportation, in current conditions, is a priority area of research are highlighted. The article examines the current state of customs legislation of Ukraine in the aspect of passing customs formalities by sea transport. The article is devoted to the study of the changes made to the legislation in connection with the declaration of martial law, namely, the significant simplification of the process of passing customs formalities for goods that have humanitarian, military, infrastructural or other important significance for the state's defense capability. The article describes the Laws of Ukraine No. 2837-IX dated 13.12.2022, No. 3020-IX dated 10.04.2023, No. 3324-IX and 3325-IX dated 10.08.2023. The study analyzed future changes to legislation, which, as of the date of writing the article, have been adopted by the legislator, but have not yet entered into force. Considered draft laws aimed at making changes to customs and related legislation in the aspect of the researched issue. On the basis of the analysis of the draft laws, the characteristics of law-making trends under martial law conditions were given, critical remarks were voiced about some proposals, and possible options for finalizing the considered projects were expressed. The article examines the concept of maritime safety, features of ensuring maritime safety in the ports of Ukraine, the subjects responsible for it. An analysis of the customs of the largest functioning ports of Ukraine was carried out, the circumstances under which, in accordance with the law, ports are not responsible for damages caused to water vessels were highlighted. Based on the results of the analysis, the position was expressed about the direct dependence of proper guarantees of maritime security for foreign ships and the functioning of customs formalities. The article crystallizes the need for simultaneous consideration of changes to customs legislation together with changes to maritime legislation. The article highlights the relevance of parallel consideration of customs and maritime law in the aspect of ensuring maritime safety.

Last modified: 2023-12-19 02:55:03