|Dosymbekova M.S. Cand.Jur.Sci.,
the associate professor of International law KazNU named by al-Farabi
INTERNATIONAL LEGAL STATUS AND VALUE OF WORLD CUSTOMS ORGANIZATION
Kazakhstan as the country with market economy which headed for achievement of strong positions in the international community seeks to increase the foreign trade potential. The entry of Kazakhstan into the World Trade Organization on the conditions considering interests of Kazakhstan is defined by the President N. A. Nazarbayev by one of the main strategic interests of the republic in foreign policy of the republic .
The World Trade Organization which arose as GATT in October, 1947 by means of the debugged legal mechanism resolves many foreign trade problems . GATT - the General agreement on tariffs and trade - the multilateral international agreement on the basic principles, norms and rules of state regulation of mutual trade of member countries, and also one of the largest international organizations within whom there are negotiations, consultations, informal contacts on development of the coordinated foreign trade policy; at the same time it is the international legal agreement in the sphere of foreign trade and customs affairs of various states. Within GATT the set of various agreements defining norms of trade and economic relations is concluded, the extensive experience of cooperation of the states in areas of customs affairs, customs policy and the legislation is saved up .
Gradual accession of many countries to the Agreement led to that it became actually main world organization discussing problems of world trade and resolving disputes of trade and political character between member countries of GATT. Carrying out multilateral trade negotiations by participants of the Agreement, so-called rounds was a basis of work of this organization till 1994. 8 such rounds took place, many of them lasted some years. In the beginning on them questions of adoption of mutual obligations for decrease in the customs duties, and then and concerning measures of non-tariff regulation of international trade (quoting, licensing and other administrative measures) were considered.
Creation of the World Trade Organization (GATT/the WTO) was one of results of the Uruguayan round of multilateral trade negotiations (1986-1994). GATT became a basis of the World Trade Organization its major component in the field of trade in goods. The World Trade Organization is the only legal basis of the world trade system.
On September 12, 1947, thirteen governments agreed about establishment of Research Group on studying of possibility of creation of the European Customs unions on the basis of the principles of the General Agreement on Tariffs and Trade (GATT).
Next year1948 Research group, having accepted the offer from the countries Benelux countries on placement of the main representation in Brussels, created two Committees - Economic Committee and Customs Committee. While further activity of Economic Committee was suspended by the Organization for Economic Cooperation and Development, the Customs Committee became the Customs Cooperation Council (CCC), the main intergovernmental organization [4, page 121].
CCC was formed on December 15, 1950 after signing of the Convention establishing him in Brussels. Constituent Session took place in Brussels on January 26, 1953 and at it there were representatives of Austria, Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, Turkey and Great Britain. After thirty years, in 1983, 26 of January was proclaimed as the International customs afternoon, celebrated by employees of customs of the whole world.
In 1994 CCC was renamed into World Customs Organization. For all history of existence of the organization by her members there were more than 170 customs services of the world which control about 98% of international trade.
In World Customs Organization the System of the Centralized Information (SCI) which represents a computerized databank on customs crimes functions. These data are classified, processed and dispatched to all customs services of member states. The close connections supported by World Customs Organization with other international organizations working in the sphere of legal coercion are also important. It facilitates fight against money laundering, received for realization of narcotic and other means.
The customs assessment is the main line of modern systems of customs tariffs. It is important for an assessment of the customs duties, or for definition of a revenue or as means for are sewn up the internal industry; it is also one of elements of international trade, as the mute, a quota, license agreements, taxes.
The existing interrelation between WCO and the GATT/the WTO defines existence of the status of the constant observer each other. Preparation of the Short management which includes a series of the documents accepted for rendering assistance to Contracting Parties in interpretation of the Code of an assessment of GATT became considerable achievement of WCO in the sphere of an assessment. Other activity is preparation of the index of the resolutions by an assessment issued by the countries, studying of violations of a customs assessment and the edition of the Reference book on control of a customs assessment. The number of participants of the Convention on an assessment of goods for the customs purposes since 1953 changed from 18 participants in 1953 to the maximum quantity in 33 members in 1980. Now the number of members decreased [5, page 76].
The leading role of World Customs Organization consists in coordination of ensuring training in the international customs affairs, and also in mobilization of means of potential donors and philanthropists. The World Customs Organization turned into the dynamic organization of world value.
In general, the World Customs Organization works with the purpose of providing the highest level of harmony and uniformity in all customs systems of the world, for the sake of interests of international trade. In the world there are powerful integration processes, free trade zones, Customs unions which play a very important role in international trade and world economy in general are approved. It increases value of WCO which development is used for improvement of customs services on the basis of conventions of WCO. Within regional integration associations it is easier to conduct negotiations and to find compromise solutions. A paramount task is formation, acceptance and application of the main standard sources in the sphere of economic activity of the states on the international scene, considering character and specifics of their customs institutes.
The list of the used literature
1. The message of the President of the Republic - Leader of the nation N. Nazarbayev to people of Kazakhstan, December 14, 2012 -
2. The general agreement on tariffs and trade (GATT) October 30, 1947.
3. The List of Multilateral Trade Agreements appendix No. 1, GATT-1994 making an integral part.
4. Zenkin I. V. Pravo of the World Trade Organization. WTO: mechanism of interaction of national economies. Threats and opportunities in the conditions of an entry into the international market. - M, 2008. - 390 page.
5. Alibekov M. A. Customs right of the Republic Kazakhstan. - Almaty, 2013., 99 page.