CURRENT ISSUES OF LEGAL ENGINEERING: REGIONAL ASPECTS OF JUSTICE AND REGULATORY MECHANISM

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1 International Journal of Civil Engineering and Technology (IJCIET) Volume 9, Issue 13, December 2018, pp , Article ID: IJCIET_09_13_093 Available online at ISSN Print: and ISSN Online: IAEME Publication Scopus Indexed CURRENT ISSUES OF LEGAL ENGINEERING: REGIONAL ASPECTS OF JUSTICE AND REGULATORY MECHANISM Vadim Avdeevich Avdeev Law Institute of Yugorsk State University, ul. Chekhov, 16, Khanty-Mansiysk, Tyumen Region, , Russia Victoria Vsevolodovna Varmund, Yulia Nikolaevna Bogdanova, Karina Anatolyevna Renglih Russian Academy of Advocacy and Notary, Malyy Poluyaroslavskiy Pereulok, 3/5(1), Moscow, , Russia Olga Vladimirovna Efimova GAOU IN Moscow City Pedagogical University, 2nd Agricultural Passage, 4, building 1, Moscow, , Russia ABSTRACT The article analyzes the specifics of the development of international cooperation in the context of globalization. The peculiarities of the formation of the mechanism of legal regulation within the framework of the Eurasian Economic Union, including the Republic of Belarus, the Republic of Armenia, the Kyrgyz Republic, the Republic of Kazakhstan and the Russian Federation are demonstrated. Positive tendencies of development of international partner cooperation are demonstrated. The results of the work of the EAEU are investigated. A detailed analysis of the problems that have arisen as a result of the formation of a united market for goods, services, labor and other resources is carried out. Conclusions are made that the improvement of the current mechanism of legal regulation within the framework of the EAEU is related to the harmonization of interstate and national legislation aimed at regulating uniform methodological approaches to the legal personality of persons acting as participants in legal relations in the context of the formation of a united market for goods, services, labor and other resources. The discrepancy in the legal regulation of civil and sectoral legal capacity, legal capacity, negotiability and delinquency is becoming an obstacle to increasing the effectiveness of international cooperation within the framework of the EAEU. The development of unified criteria allowing to combine international legal norms with the priorities of national legal systems is recognized as the main direction in the legal policy in this regard. A uniform approach to determining the legal status of editor@iaeme.com

2 Vadim Avdeevich Avdeev, Victoria Vsevolodovna Varmund, Yulia Nikolaevna Bogdanova, Karina Anatolyevna Renglih and Olga Vladimirovna Efimova a united market entity for goods, services, labor and other resources will accelerate the development of mutually beneficial partnership relations among the member countries of the EAEU. Harmonization of approaches to the concept of delinquency of a person involved in the implementation of a single market for goods, services, labor and other resources, is aimed at the formation of common grounds for bringing a person to legal responsibility. The leading direction in ensuring national security is the consolidation of resources to eliminate the causes and conditions that determine the commission of customs offenses and crimes. Conducting a coherent legal policy to counteract administrative violations and crimes predetermines the implementation of joint control and supervisory measures aimed at implementing a preventive function. Keywords: legal regulation, legal personality, legal responsibility, the Eurasian Economic Union, economic security, customs legislation of the EAEU member states. Cite this Article: Vadim Avdeevich Avdeev, Victoria Vsevolodovna Varmund, Yulia Nikolaevna Bogdanova, Karina Anatolyevna Renglih and Olga Vladimirovna Efimova, Current Issues of Legal Engineering: Regional Aspects Of Justice And Regulatory Mechanism, International Journal of Civil Engineering and Technology, 9(13), 2018, pp INTRODUCTION The modern development of international cooperation presupposes the creation of an effective legal regulation mechanism that facilitates the integration of legal resources that promote social and economic progress. In the context of the globalization of international life, the problem of the legal guarantee of a dignified life and free development of a person in accordance with universally recognized norms of international and national law became acute [1]. Further improvement of international relations is directed, first of all, to the formation of legal bases for mutually beneficial economic cooperation. Legal regulation of the economic partnership of the Russian Federation with the member states of the Commonwealth of Independent States, the European Union, within the BRICS, RIC, the Shanghai Cooperation Organization, the Asia-Pacific Economic Cooperation Forum and other institutions of international cooperation deserves close attention in the context of the integration of economic relations. One of the priorities of the legal policy of the Russian Federation is the unification of legislation within the framework of the Eurasian Economic Union, which currently includes the Republic of Belarus, the Republic of Armenia, the Kyrgyz Republic, the Republic of Kazakhstan and the Russian Federation. The progressive development of the Eurasian Economic Union is confirmed by an increase of 26.7% in trade among participating countries during the ten months of 2017 as compared with the identical period of The activation of the external economic activity of the EAEU is reinforced by the concluded agreements and free trade with Vietnam. Optimization of trade relations with India, Iran, and Serbia is noted. The development of a free trade zone through the Eurasian Economic Union-ASEAN is recognized as a new direction. There is a tendency to decrease by 2.3% the share of the European Union countries operating within the framework of the foreign trade turnover of the EAEU. At the same time, there has been a positive trend towards an increase of 1.8% in the share of countries directly involved in the foreign trade of the Eurasian Economic Union editor@iaeme.com

3 Current Issues of Legal Engineering: Regional Aspects Of Justice And Regulatory Mechanism 2. LEGAL ENGINEERING IN THE CONDITIONS OF GLOBALIZATION The implementation of the Agreement on the Eurasian Economic Union of May 29, 2014 is accompanied by an increase in the volume of exported products, which predetermined the need to simplify the procedure for passing goods and the effect of zero customs duties. Accordingly, in 2017, the EAEU succeeded in ensuring a positive trend in the main macroeconomic indicators. According to the data of the Eurasian Economic Commission in January-September 2017, GDP growth was 1.9% compared to the same period in During the first nine months of 2017, mutual exports to the EAEU increased by 26.9%, with third countries - by 24.7%. Thus, almost a third of the APEC countries (31.5%) in the modern period actively participate in the external trade turnover of the EAEU. The build-up of economic potential as a result of the consistent integration activities of these states, despite the three-year period of the existence of the EAEU, attracts the attention of new countries seeking to join this union. The created union labor market pursues a goal related to the regulation of the system of social guarantees and the legalization of migration processes. Therefore, the problem of balancing the legislation of the member countries of the EAEU, caused by the intensification of internal and external economic activities in 2017, caused the ratification and entry into force on January 1, 2018 of the Customs Code of the EAEU [2]. The problem arising in the framework of international cooperation is predetermined, mainly, by legal conflicts in the field of legal regulation of customs control and energy cooperation. Thus, the allied interaction of states in the field of customs and energy regulation actualized the expediency of unifying the legislations of these states, providing a uniform interpretation of legal norms [3]. In years the Eurasian Economic Union has continued a purposeful policy in the field of creating a common market for goods, services, capital and labor. To effectively address the issues raised, further regulatory and legal harmonization of national legal systems is needed, primarily in the field of customs and legal regulation. Consolidation of the legal resources of the member countries of the EAEU involves ensuring the state of protection of national economies from internal and external threats [4]. Meanwhile, at present, risks and threats associated with causing colossal material damage are significantly increasing. As a consequence, in order to ensure the economic sovereignty of a member state of the economic community, the preservation of the unity of the economic space and the creation of the most favorable conditions for the implementation of national strategic priorities are of great importance. In the conditions of increasing the rates of social and economic partnership, the problem of growing transnational crime is becoming more acute. The legal systems of states are subject to significant risks in connection with the commission of offenses and crimes in the sphere of economic activity [5]. In a steady increase in relative indicators of economic crime was marked in the Russian Federation. High rates have a specific gravity of economic damage caused by economic crime, amounting to more than 50% of the damage caused by a set of committed crimes [6]. It should be said that excluding or suppressing these threats provides for the formation of an effective legal framework that ensures the long-term functioning of economic unions. It should be emphasized that when forming the legal basis for international economic cooperation, the priority is to preserve the political and legal sovereignty of the state, coupled with the combination of an international mechanism with the national legislation of the member countries of the economic union. Therefore, the Concept of Long-Term Social and Economic Development of the Russian Federation for the period until 2020 proclaimed the balance of editor@iaeme.com

4 Vadim Avdeevich Avdeev, Victoria Vsevolodovna Varmund, Yulia Nikolaevna Bogdanova, Karina Anatolyevna Renglih and Olga Vladimirovna Efimova economic policy and international obligations as a primary task for strengthening national security, dynamically developing the economy and improving the welfare of citizens. [7] The need to develop measures to ensure economic security of the Russian Federation presupposes a practice-orientational justification for measures aimed at: 1) steady and stable growth of economic indicators; 2) effective satisfaction of economic state needs. At present, the development of a legal mechanism for the implementation of control functions in the field of the movement and use of national resources is becoming very important. 3. MAIN DIRECTIONS OF IMPROVEMENT OF THE REGULATORY GOVERNMENT MECHANISM UNDER THE CONDITIONS OF GLOBALIZATION In the context of the intensification of international economic activity, the problem of ensuring economic security at the international, subnational and national levels, which provides for the definition of standards and principles for international cooperation in counteracting the offending and criminal behavior of members of the economic community, is especially urgent [8]. The negative nature of trends in globalization processes predetermined the search for additional instruments of legal influence [9]. The EAEU Customs Code effective from determined a number of problems associated with: 1) the effectiveness of customs and legal regulation, taking into account the interests of all, without exception, member states of the EAEU; 2) improving the national legislation of the EAEU member states with a view to eliminating administrative, fiscal and other barriers and reducing the threat of risks in the field of economic development. The problem of unified customs regulation in the EAEU actualizes the problem of legal regulation of trends related to the competitiveness of economic activity, the restructuring of the economy taking into account changing market relations, the formation of a centralized capital market and the functioning of a single market for goods, services, labor and other resources [10]. In the process of legal regulation of international cooperation of the EAEU member countries, methodological basis is such principles as equality, transparency, openness in the development of acts of customs and legal regulation. This will allow to harmonize national legal acts in accordance with the norms of international law [11]. Improvement of legal regulation within the framework of the Unified Energy System, aimed at unifying the national legislation of the countries of the Customs Economic Union, involves the development of a single legal regulation mechanism [12]. An important role in improving the customs legislation of the EAEU is the development of a uniform procedure for the movement of goods across the customs border of the Union, established by the Customs Code. Legal regulation should be based on the maximum involvement of information technology. This will allow to ensure timely information through the official website of the Union and official websites of national customs authorities on the Internet, and also through the use of television, radio and other publicly available methods. Optimization of legal regulation presupposes the normative coherence of the national legislation of the Union's participants in regulating the grounds for the emergence and termination of the duty to pay customs duties and taxes in case of illegal movement of goods across the customs border of the Union, as well as the specifics of the calculation and timing of their payment. The mechanism of legal regulation naturally implies a normative settlement of tariff preferences that stimulate economic cooperation within the framework of the Unified editor@iaeme.com

5 Current Issues of Legal Engineering: Regional Aspects Of Justice And Regulatory Mechanism Energy System, the procedure for collecting special, anti-dumping compensatory duties within the framework of customs transit. The issue of increasing the efficiency of legal regulation within the framework of the EAEU is predetermined by the development of the mechanism of electronic customs declaration, the hour limit for the time of release of goods, the "single window". The legal regulation of these procedures will allow to minimize costs when carrying out customs operations, export-import procedures and avoid unnecessary transit formalities. At present, the need for legal regulation of the powers of the Eurasian Economic Commission is being inspired, in particular, concerning the control functions for providing the customs authorities with the necessary information in the form of an electronic document. In the additional legal regulation requires a list of functions of customs authorities in the conduct of customs operations, the implementation of customs control, as well as when taking measures related to the enforcement of customs fees. Taking into account the growth of transnational crime, an additional measure of the functions of the customs authorities, which are within the competence of the legislation of the member states on the basis of their recognition as the bodies of inquiry and investigation, is a necessary measure of legal regulation within the framework of the EAEU. However, within the framework of the legislation of the Member States, there is a legal pluralism determined by the membership of the Union to various legal families. Therefore, the current direction is the creation of a balance in the criminal and criminal procedural legislation that regulates the procedure for the detection of crimes and administrative offenses. For fruitful international cooperation, mutual exchange of customs authorities with essential information is necessary. Therefore, it is important to provide for a unified procedure for the transfer of information within the framework of the EAEU list, to detail: 1) the content and structure of documented electronic information; 2) the format and exchange regulations; 3) ways to protect it. 4. CONCLUSION Summarizing the above, it should be noted that the improvement of the existing mechanism of legal regulation within the framework of the EAEU is associated with the harmonization of interstate and national legislation aimed at regulating uniform methodological approaches to the legal personality of persons acting as participants in legal relations in the context of the formation of a united market for goods, services, labor and other resources. The emerging discrepancy in the legal regulation of civil and sectoral legal capacity, legal competence, negotiability and delinquency is becoming an obstacle to increasing the effectiveness of international cooperation within the framework of the EAEU. The development of same unified criteria allowing to combine international legal norms with the priorities of national legal systems is recognized as the main direction in the legal policy in this regard. A uniform approach to determining the legal status of a united market entity for goods, services, labor and other resources will accelerate the development of mutually beneficial partnership relations among the member countries of the EAEU. Moreover, the harmonization of approaches to the concept of delinquency of a person involved in the implementation of a single market for goods, services, labor and other resources, is aimed at shaping the grounds for bringing a person to legal responsibility. The leading direction in ensuring national security is the consolidation of resources to eliminate the causes and conditions that determine the commission of customs offenses and crimes. Conducting a coherent legal policy to counteract administrative violations and crimes predetermines the implementation of joint control and supervisory measures aimed at implementing a preventive function editor@iaeme.com

6 Vadim Avdeevich Avdeev, Victoria Vsevolodovna Varmund, Yulia Nikolaevna Bogdanova, Karina Anatolyevna Renglih and Olga Vladimirovna Efimova ACKNOWLEDGEMENTS The article was prepared in the course of the scientific research Strategic directions for improving crime prevention measures in the Khanty-Mansiysk Autonomous Okrug Yugra taking into account the peculiarities of the northern region in the priority areas of scientific research of the federal state budgetary educational institution of higher education Ugra State University. The registration number of the project: No /14. REFERENCES [1] The National Security Strategy of the Russian Federation: Decree of the President of the Russian Federation of December 31, 2015 No Meeting of the legislation of the Russian Federation, No. 2, Art. 212, [2] Customs Code of the Eurasian Economic Union of December 30, http: [3] Sergevnin, V.A., Avdeev, V.A. and Avdeeva, O.A. Harmonization of Russian correctional policy in the field of sentencing and the execution of punishment. Criminology Journal of Baikal National University of Economics and Law, 9(1), 2015, pp. (78-93). [4] Avdeev, V.A., Avdeeva, O.A., Gribunov, O.P.and Sergevnin, V.A. Punishment in the system of criminal law measures of counteracting corruption: Interaction of legal systems in the conditions of international life's globalization. Criminology Journal of Baikal National University of Economics and Law, 10(2), 2016, pp [5] Babkin, A.V. and Yumaev, E.A. Managing the Scale of the Shadow Economy of States and Regions in Conditions of Economic Crisis (Materials of Foreign Countries). Izvestiya Yugo-Zapadnogo Gosudarstvennogo Universiteta. Series: The Economy. Sociology. Management, 1(18), 2016, pp [6] Avdeev V. A. and Avdeeva O.A. Main directions of national criminal and legal policy in the sphere of counteraction of crime realization: federal and regional principles comparative analysis. Criminology Journal of Baikal National University of Economics and Law, 2, 2014, pp [7] Decree of the Government of the Russian Federation No r dated November 17, 2008 (as amended on ) "On the Concept of Long-Term Social and Economic Development of the Russian Federation until 2020". Sobranie Zakonodatel stva Rossiiskoi Federatsii [SZ RF] [Collection of Legislation of the RF] , No. 47, Item [8] Avdeev V.A. and Avdeeva O.A. Criminal legal concept of the Russian Federation: main directions of criminal law improvement and crime counteraction measures optimization. Criminology Journal of Baikal National University of Economics and Law, 1, 2014, pp [9] Kartashkin, V.A. and Lukasheva, E.A. International instruments on human rights: Collection of documents. 2-nd ed. add. Moscow: Norma: INFRA-M, 2002, 944 p. [10] Treaty on the Eurasian Economic Union of May 29, [11] Avdeev, V., Avdeeva, O., Rozenko, S., Znamerovskiy, S. and Kiselyov, E. Crime of the Terrorist Character and Extremist Orientation in the Russian Federation: State and Measures of Counteraction. Journal of Security and Sustainability Issues, 7(2), 2017, pp , doi: [12] Decree of the President of the Russian Federation of May 13, 2017 No. 208 "On the Strategy for Economic Security of the Russian Federation for the Period to 2030". Collection of Legislation of the Russian Federation, No. 20, Art. 2902,