About application of TIR carnets in Russia for international transport

Purpose: Consideration of the problem questions connected with application of TIR carnets for registration of customs transit. Methodology: The author used formal-legal method and comparative and legal methods. Results: By the author it is noted that lack of guarantee association in the state territory – the participant TIR Convention is not Convention violation, thus possibility of definition of guarantee association and an order of such definition are established by the participating state independently. The conclusion that to the state is not forbidden to refuse to operating guarantee association further issue of TIR carnets is also drawn, and the TIR procedure is not applied in the territory of those states where there are no the guarantee associations authorized on issue of TIR carnets, despite action of the Convention in the territory of these states. The list of actions of customs authorities which can be estimated as breaking norms of international law locates in work. Them treat: refusal in adoption of the TIR carnets in case of the beginning of procedure of customs transit with application of the TIR carnets in customs authority of the Russian Federation; refusal in adoption of the TIR carnets for customs transit when importing goods to the territory of Russia through territories of Belarus and Kazakhstan if customs escort or definition of a route of transportation was applied; refusal in adoption of TIR carnets for customs transit when importing goods to the territory of the Russian Federation through the territory of the states which are not entering the Customs Union. On the basis of these provisions in work recommendations having practical value for the international carriers using TIR carnets are formulated. Novelty/originality/value: Article possesses the high scientific value as is one of the first scientific works containing recommendations to the international carriers on application of TIR carnets in case of violation of Federal Custom Service of Russia of standards of the TIR Convention, and possesses high practical value for the experts who are carrying out legal maintenance of international transport.