Publication date: 25.06.2024
Legal regime of export, import and transit of goods in wartime
Introduction
During martial law, the legal regime for export, import and transit of goods undergoes significant changes. The state introduces special rules and restrictions aimed at ensuring national security, supporting the economy and protecting the country's strategic interests. In this section, we will consider the main aspects of legal regulation of these processes in wartime.
The main part
Legal and regulatory framework
Legislative acts
The Law of Ukraine "On Foreign Economic Activity"
This law regulates the general provisions on export, import and transit of goods, including the rights and obligations of foreign economic operators.
Law of Ukraine "On the Legal Regime of Martial Law"
Establishes special rules and restrictions on foreign economic activity during martial law.
Resolutions of the Cabinet of Ministers of Ukraine
The Cabinet of Ministers may adopt resolutions detailing the procedure for the export, import and transit of goods in wartime, including a list of prohibited or restricted goods.
Export of goods in wartime
Prohibitions and restrictions
Strategic goods
Imposing bans or restrictions on the export of strategically important goods, such as weapons, military equipment, energy, medical supplies, etc.
Permit system
Introduction of a permit system for the export of certain categories of goods requiring special licenses or permits from government agencies.
Customs clearance
Simplified procedures
For some categories of goods, simplified customs clearance procedures may be introduced, allowing for faster exports.
Enhanced control
On the other hand, goods subject to restrictions may be subject to enhanced controls, including additional inspections and documentation requirements.
Import of goods in wartime
Priority products
Humanitarian aid
Identify priority goods for import, including humanitarian aid, medical supplies, food and other essential goods to support the population and the army.
Preferential treatment
Introduction of preferential treatment for imports of priority goods, which may include exemption from customs duties, tax benefits and simplification of customs procedures.
Prohibitions and restrictions
Counter-sanctions
In response to sanctions imposed by other countries, counter-sanctions may be imposed that restrict imports of certain goods from the countries that imposed such sanctions.
Safety and quality
Increased control over the safety and quality of imported goods, especially those that may be of strategic importance or used for military purposes.
Transit of goods in wartime
Ensuring security
Enhanced security measures
Introducing enhanced security measures for the transit of goods through the country, including additional inspections, cargo escorts, and other measures to prevent sabotage and illicit trafficking.
Control over strategic cargo
Special control over the transit of strategically important goods, such as weapons, military equipment, energy resources, etc.
International cooperation
Agreements with neighboring countries
Conclude agreements with neighboring countries to ensure the safe transit of goods through their territories. This includes establishing common control and security rules, as well as coordinating actions to respond to possible threats.
International organizations
Cooperation with international organizations, such as the UN, EU, WTO, to ensure the stability and security of transit routes. This may include technical assistance, monitoring the situation and providing recommendations for improving security.
Specific measures to ensure economic stability
State price regulation
Price control
Introduce state control over prices for key commodities to prevent speculation and ensure the availability of necessary resources for the population and the economy.
Subsidies and grants
Providing subsidies and grants for enterprises engaged in the import and export of critical goods to support their stable operation in wartime.
Reserves and inventories
Creation of strategic reserves
Formation of state reserves of strategic goods, such as food, medicines, and fuel, to ensure uninterrupted supply in the event of possible disruptions.
Regular inventory updates
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Ensure that stocks are regularly updated to keep them fresh and ready to use in the event of an emergency.
Administrative measures
Simplification of procedures
Electronic declaration of assets
Implementation of an electronic declaration system to simplify and speed up customs procedures, reducing bureaucratic obstacles and increasing the efficiency of customs authorities.
Single window
Creation of a "single window" system for customs clearance, which allows foreign economic operators to submit all necessary documents through a single access point.
Improving the efficiency of customs authorities
Education and training of personnel
Organize training and professional development of customs officers to ensure their readiness to work in wartime conditions.
Modernization of equipment
Equipping customs points with modern equipment for more efficient control and inspection of goods, including scanning systems and smuggling detection equipment.
Conclusion.
The legal regime of export, import and transit of goods in wartime is a complex and multifaceted process that requires careful regulation and coordination by the state. The introduction of special rules, restrictions and security measures helps to protect national interests, maintain economic stability and ensure public safety. Cooperation with international organizations and neighboring countries, as well as the introduction of modern technologies and management methods, allows for an effective response to the challenges and threats arising in wartime.
