CC BY
24JURISPRUDENCE / «€®LL®(MUM~J®U©MaL>>#1]®Il9)),2(0]9
UDC: 339.5:341.241.8 ^ C
Artiukhova Nadiia PhD in Law, doctoral student, National Academy of the Security Service of Ukraine
Kyiv, Ukraine DOI: 10.24411/2520-6990-2019-10487 TRADE AND ECONOMIC COOPERATION OF UKRAINE: CURRENT OPERATIONAL SITUATION AND PROSPECTS FOR FURTHER DEVELOPMENT
Abstract
In the paper the analysis of current operational situation in the sphere of trade and economic cooperation of Ukraine is performed. The definition of the concept "operational environment in the context ofprotecting national interests in the sphere of trade and economic cooperation of Ukraine" is offered. Current state of military and technical cooperation of Ukraine with foreign partners with regard to the import / export of military goods, is analyzed. On the basis of the obtained results the specific features and basic trends of the development of the above mentioned sphere of social relations are defined in the context of protecting the national interests of Ukraine.
Key words: trade and economic cooperation, current state, operational situation, prospects, trends, national interests, national security.
The development of trade and economic relations of Ukraine with other countries of the world causes dynamic changes in this sphere that is why timely improvement of the national interests' protection system in this context is of utmost importance nowadays.
It is well-known that trade and economic cooperation is one of the basic spheres of the national economy of Ukraine, which sustainable and effective functioning creates the necessary conditions for national security, defense capability, increase of currency revenues to the state budget, raising of living standards of the population, development of the prestige and competitiveness of the state on the world stage, and strengthening of its international standing.
Taking into account the above mentioned, it is quite natural that at the age of globalization and "open markets" such a challenging and diversified sphere of the national economy will always be an object of interest for other states, organizations, groups and individuals. In this context, the necessity of an integrated approach to the issue of studying the current state and prospects for further development of trade and economic cooperation of Ukraine with other countries of the world is quite urgent from the point of improving the organizational and legal framework for counteracting real and potential threats, risks and challenges for the national security in this sphere and promoting the increase of the economic power and social stability of the state.
Various issues of protecting the national interests in the economic sphere of Ukraine were considered by a range of modern Ukrainian scholars primarily in the context of ensuring the economic security of the state as a whole and the protection of certain specialized branches of the economy in particular. Among them the scientific papers of V. Geets, Z. Varnaliy, O. Bara-novskiy, L. Abalkin, S. Glaziev, V. Senchagov, G. Pas-ternak-Taranuschenko, O. Vlasiuk, Y. Zhalilo, O. Korystin, V. Lipkan, V. Muntian, A. Sukhorukov and others.
At the same time, nowadays there is a lack of comprehensive studies of current trends and prospects for the development of trade and economic cooperation of Ukraine in the context of national interests' protection. Accordingly, the purpose of the paper is to analyze the current operational situation in the sphere of trade and economic cooperation of Ukraine and to identify the main trends of its development, as well as to distinguish specific features that determine the need to protect national interests in this sphere of social relations.
In the criminology, the concept of "operational environment" is considered as a set of behavioral acts in a certain sphere for a certain period of time, which are important for the disclosure of a specific crime [1, c. 192]. V.D. Malkov associates the concept of the operational situation with changes in socio-demographic characteristics of the population, with the state, dynamics and structure of crime, with the persons committing crimes [2]. According to A. Kuzmenko, the operational environment is a complex notion, including elements of economic, political, ideological, social, criminal and other conditions in a particular society or region [3].
Taking into account the above-mentioned provisions and the results of previous studies, the operational environment in the context of protecting national interests in the sphere of trade and economic cooperation of Ukraine can be considered as a combination of conditions, factors and circumstances under which the key participants of social relations, emerging in this sphere operate. Among them - law enforcement bodies, regulatory authorities and other domestic and foreign stakeholders in the sphere of trade and economic cooperation of Ukraine.
Using these provisions, let us analyze the specific features and trends of the development of current operational environment in the sphere of trade and economic cooperation of Ukraine.
International trade and economic cooperation of Ukraine in 2018 compared with the previous years is
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characterized by a significant expansion of the geographical structure of trade and economic operations. Nowadays, our country carries out foreign trade operations with more than 216 partners from all over the world. It should be noted that the EU share in the export of Ukrainian goods and services is now 42.6% and it is constantly increasing [4].
According to the Ministry of Economic Development and Trade of Ukraine, the export volume of goods and services has increased by 8.6% in 2018 compared with 2017 and amounted to $ 57.1 billion, whereas the import of goods and services amounted over $ 62.9 billion, which is 14, 3% more than in 2017. Among the EU countries, the most considerable import deliveries were from Germany, Poland and France. Among the main trading partners of Ukraine in terms of trade value, the following countries should be mentioned: China: import / export - $ 3.768 billion (or 12% of total import / $ 1.164 billion (or 4% of total export), Germany - $ 3,438 billion (11%) / $ 1,127 billion (3.9%), Poland - $ 2.033 billion (6.5%) / $ 1.897 billion (6.5%), Belarus - $ 2.006 billion (6.4%) / $ 771 million (2.7%) and the United States of America - $ 1,685 billion (5,4%) / $ 592 million (2%) [5].
The above given indicators show that domestic commodity producers are intensively getting into foreign markets and actively establishing trade and economic cooperation with foreign partners.
At the same time, despite the obvious positive effect of the growing export-import operations and the raising number of trade and economic partners of Ukraine, certain problem aspects are also observed, such as setting up barriers for export or transit of domestic products for some product groups and countries, etc.
Thus, within the free trade zone, the EU has introduced tariff quotas for Ukraine for 36 types of products, which Ukraine can sell free of customs duties only in limited quantities. Once the quotas are exhausted, the corresponding import duties are introduced, which leads to the asymmetry in foreign trade. It should also be noted that in 2018 the supplies to the EU on preferential terms have already ended in early April for 6 groups of goods from 36. In general, in the first half of 2018, Ukraine has almost completely exhausted the quotas for duty-free export of certain groups of agricultural products (honey, sugar, cereals and flour, grape and apple juices, processed tomatoes and corn), while the share of the EU in the overall structure of foreign trade turnover of agricultural products is 33.9%.
Similar trends of early exhaustion of quotas were also observed in previous years, which in general points to the unequal terms of trade and the creation of additional barriers, which, in our opinion, can ultimately lead to a gradual reduction of bilateral trade between Ukraine and the EU member states. This assumption is confirmed by the data of the State Statistics Service of Ukraine, according to which the negative foreign trade balance of Ukraine in the 3 quarters of 2018 is $ 3.45 billion. Compared with the same period of 2017, the negative foreign trade balance was $ 1.11 billion [4].
According to the experts of the International Center for Policy Studies (ICPS), whose opinion we share,
this situation has arisen as a result of insufficient lobbying of national interests in the sphere of trade and economic cooperation of Ukraine by the bodies of authority and management [6].
Analyzing the main trends of the operational situation in the sphere of trade and economic cooperation of Ukraine, we should also mention the further uncontrolled expansion of Russian capital under the conditions of ongoing military aggression on the territory of our state. Thus, despite the measures taken by Ukraine in order to reduce the level of trade and economic cooperation with Russian Federation, the reverse trends can be currently observed. In particular, in January-June 2018, Russia exported products for $ 2.147 billion, or 8% of total exports. During the same period, the import of goods and services from Russia amounted to $ 4,439 billion, or 14.3% of total imports. Taking into account the volume of imports delivered to Ukraine from the territory of the Republic of Belarus ($ 2.007 billion), where Russian oil and its products predominate, Russia is still holding the leading position among other countries in terms of export-import operations. It should also be mentioned that according to the main commodity groups of Ukraine the most significant economic dependence from Russia can be observed in the following spheres: mineral resources (coal, coke, oil and refined products), chemical industry products (ammonia, corundum, mineral fertilizers), fuel elements (stems) for atomic energy, etc. [5].
The above mentioned gives grounds to assert that nowadays Ukraine, being in a state of hybrid war with the Russian Federation, is at the same time actually in a monopoly dependence on the aggressor country. Therefore, in such a way our state not only financially supports the occupant country, but is also constantly under the threat of the interruption in supplies of strategically important products (coal and natural gas, fuel, etc.).
In the context of our research, we also consider it necessary to analyze the current state of military and technical cooperation of Ukraine with foreign partners in so far as it relates to the import / export of military goods. In our opinion, this sphere of public relations is of considerable interest from the point of view of national interests' protection in the sphere of trade and economic cooperation of Ukraine for the purpose of identification, prevention and termination of real and potential threats, risks and challenges.
On the one hand, international military and technical cooperation provides Ukraine with the access to the best scientific and technical developments in the field of arms for the benefit of national defense (which is especially urgent in the context of the ongoing military aggression on the territory of the state), as well as opens new promising markets for the export of Ukrainian military and dual-use goods. It should be noted that according to the Stockholm International Peace Research Institute (SIPRI), Ukraine ranks 11th among the world's largest arms exporters by supplying various types of armored vehicles, boats, military aircraft, combat helicopters, diesel engines, high-frequency generators, radar stations, etc. The geography of such sales is also quite expanded. Thus, over the past three years,
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most of Ukrainian military production has been supplied to Southern Sudan, Thailand, Nigeria, UAE, Indonesia, the Democratic Republic of the Congo, Ethiopia, etc. [7]. As for arms procurement and military equipment, according to the "White Book" - the annual edition of the Ministry of Defense of Ukraine, in 2017 for the Armed Forces over 2.651 units of new and upgraded samples of weapons and military equipment and 26,800 units of multi-purpose ammunition were purchased. Among them there are upgraded airplanes and helicopters, small armored artillery boats, armored weapons and equipment, artillery systems, anti-tank weapons, armored cars, radar stations, secured communications, electronic combat equipment, unmanned aerial systems, anti-personnel airborne complexes, thermal imaging and night-time devices, sniper and an-tispyware systems. Thus, in 2017 the Ministry of Defense of Ukraine had allocated almost UAH 7 billion to supply the Armed Forces with the new upgraded armaments and military equipment (including offset procurement purchases) [8].
The above given data point at the significant progress in increasing the rate of re-equipment of the Armed Forces of Ukraine with new and upgraded samples of weapons and military equipment.
On the other hand, according to experts, most of state defense procurement and acquisition is taking place today in non-competitive procedures (about 90%), i.e. in a non-transparent manner with import and export data made secret [9]. At the same time, the NATO standards, which Ukraine has pledged to implement in the Armed Forces by 2020, provide for a reduction in the level of secrecy in defense procurement.
The domestic sphere of arms trade has been recently characterized by a number of pubic outcries connected with the State Concern "Ukroboronprom": selling goods to foreign partners at a dumping price, purchasing component parts of Russian production, supplying smuggled and poor-quality parts, purchasing defective / outdated products, laundering funds, etc.
Therefore, the current situation in the sphere of arms trade proves the imperfection of the existing domestic system of procurement / sale of military and dual-use goods, undermining the international credibility of Ukraine as a reliable partner in the international arms market and posing a direct threat to the national interests of the state. In particular, these threats to national security are associated with large-scale special information operations aimed at discrediting domestic manufacturers of military equipment, non-fulfillment of contractual obligations by foreign partners, which leads to the loss of contracts and lost revenues to the state budget, the implementation of non-transparent tenders by the partner countries, hybrid operations of unfriendly countries to counter the promotion of Ukrainian military goods on the foreign markets etc.
Taking into account the foregoing and based on the results of the previous studies of the conceptual framework for the protection of national interests in the sphere of trade and economic cooperation of Ukraine, as well as real and potential threats, risks and challenges to national security in this area, we consider the main specific features of Ukraine's trade and economic
cooperation, which cause the necessity for its protection by state law enforcement bodies, to be the following:
- intensification of trade and economic cooperation of domestic enterprises with foreign partners;
- excessive presence of foreign capital in this sphere;
- Usage of processes that take place in the sphere of trade and economic cooperation for financing and material provision of terrorist, sabotage and separatist activity on the territory of Ukraine;
- availability of sensitive information on obj ects of critical infrastructure, which leakage in the course of their trade and economic cooperation may pose a threat to the operation of such objects;
- ineffective use / misuse of public funds, as well as international financial assistance in the process of trade and economic cooperation and international military and technical cooperation;
- special attractiveness of this sphere for committing offenses, which result in significant losses to the state budget and discredit the image of the state on the world scene.
Concluding the above mentioned, it should be emphasized that under the conditions of unstable development of world markets and increasing export orientation of the domestic economy, the negative trends in the sphere of trade and economic cooperation of Ukraine will proceed in foreseeable future, affecting the ability to provide sustainable and, most importantly, predictable (in terms of the possibility to prevent new threats, risks and challenges) development of the economy in the medium and long term. That is why ensuring the development of this sphere of the national economy in a controlled and predicted way is extremely important. In this context, the protection of national interests in the sphere of trade and economic cooperation of Ukraine, in our opinion, should be organized in such a way that the detection, prevention and suppression of unlawful encroachments would not contradict the openness of the domestic economic space, obtaining the maximum benefits from participation in existing international associations, as well as joining new economic unions, which will significantly improve the international image of the state, increase its economic potential, competitiveness of the economy, as well as living standards of the population.
Thus, it is necessary for the state authorities and law enforcement bodies to concentrate their efforts on lobbying national interests in this sphere by creating competitive advantages for domestic producers in the process of entering the external markets, providing conditions for their protection against external threats, namely dumping imports, countering economic sabotage, providing assistance to strategic enterprises of Ukraine in overcoming import dependence, etc. In this regard, it is important to ensure continuous monitoring of the national commodity producers for possible import substitution.
The further research should be directed at the development of a system of measures to ensure the security of trade and economic cooperation of Ukraine with other countries of the world
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References
1. Lavnichenko O.V., Emanov V.V. Concept and types of operational situation in the sphere of public order protection and conditions for its aggravation. Collection of scientific papers of Kharkov University of Air Forces. 2010. Vol. 1(23). P. 192-196.
2. Malkov V.D. Criminology: textbook for higher educational institutions / edited by V.D. Malkov. M: «Iusticinform», 2006. 528 p.
3. Kuzmenko A. Operational situation as a security category // Iurydychnyi zhurnal. 2006. N° 11. P. 6879. URL: http://www.justinian.com.ua.
4. State Statistics Service of Ukraine. Economic statistics. Foreign economic activity. URL: https://ukrstat.org/uk/operativ/menu/menu_u/zed.htm.
5. The Ministry of Economic Development and Trade of Ukraine. URL: http://www.me.gov.ua/Documents/List?lang=uk-UA&id=3 54d699d-4648-4112-a81a-
919a80555fb7&tag=TendentsiiRozvitkuZovnishnoiTo rgivliUkraini.
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7. SIPRI 2017: Yearbook: International security, armament and disarmament. URL: https://www.sipri.org/sites/default/files/2017_SIPRI_ Output_N%2B obkl.pdf.
8. "White book - 2017. The armed forces of Ukraine". URL: http://www.mil.gov.ua/content/files/whitebook/WB-2017.pdf.
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ORHID ID 0000 - 0003 - 0344 - 0573 УДК 343.13
Гирько Сергей Иванович доктор юридических наук, профессор, Заслуженный деятель науки Российской Федерации главный научный сотрудник ФКУ НИИ ФСИН России г. Москва, Российская Федерация DOI: 10.24411/2520-6990-2019-10488 УНИФИЦИРОВАННОЕ ДОЗНАНИЕ В РОССИЙСКОЙ ФЕДЕРАЦИИ: СОВРЕМЕННЫЕ
РЕАЛИИ И ВЕКТОР ЕГО ЭВОЛЮЦИИ
Girko Sergey
chief researcher of the PKU research Institute of the Federal penitentiary service of Russia, doctor of legal Sciences, professor, Honored scientist of the Russian Federation
UNIFIED INQUIRY IN THE RUSSIAN FEDERATION: CURRENT REALITIES AND THE VECTOR
OF ITS EVOLUTION
Аннотация
В статье на основе высказанных в научной литературе позиций ученых-процессуалистов, а также через призму международных стандартов полицейского дознания анализируется правовая регламентация дознания в сокращенной форме, закрепленная в Главе 32.1. УПК РФ, а также практика осуществления дознания в сокращенной форме на территории России, делается вывод о том, что несмотря на дискуссии ученых, модель ускоренного дознания, введенная в УПК РФ, в целом, соответствует предъявляемым требованиям, а организационные меры МВД России позволят распространить практику дознания в сокращенной форме в стране, приведена статистическая информация деятельности по дознанию вуско-ренной форме, включая регионы Российской Федерации Abstract
The article analyzes the legal regulation of the inquiry in a shortened form, fixed in Chapter 32.1, on the basis of the positions ofprocedural scientists expressed in the scientific literature, as well as through the prism of international standards ofpolice inquiry. Code of criminal procedure and practice of implementing inquiry in an abbreviated form, in Russia, it is concluded that despite the scientific discussion, a model of accelerated inquiry introduced in the code of criminal procedure, in General, meet the requirements, and organizational measures of the Ministry of internal Affairs of Russia will allow to extend the practice of inquiry in abbreviated form in the country, provide statistical information on the activities of inquiry in accelerated form, including the regions of the Russian Federation
Ключевые слова: дознание в сокращенной форме, международные стандарты полицейского дознания, ускоренное досудебное производство, модель ускоренного дознания, организационные меры МВД России, масштабы применения ускоренного дознания
Key words: inquiry in the reduced form, the international standards ofpolice inquiry, the accelerated prejudicial production, model of the accelerated inquiry, organizational measures of the Ministry of internal Affairs of Russia, scales of application of the accelerated inquiry
