TERMINOLOGICAL UNCERTAINTY OF CATEGORIES OBJECT AND SUBJECT IN THE DOCTRINE OF INTERNATIONAL CUSTOMS LAW
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 65, Issue 4
Abstract
The article examines the views of scientists on the usage of the categories "object" and "subject" during the definition of the international customs law concept and puts forward their own thoughts regarding the expediency of developing a coherent scientific approach to their interpretation and usage. After all, the lack of the unified approach to the unequivocal understanding and use of the terms used by scientists who study international customs law does not contribute to the knowledge of its essence and significantly complicates its study to applicants of higher education and other interested persons. In particular, there are cases when: some authors justify the object and subject of international customs law, while others recognize the existence of only its subject of legal regulation; some scientists call the object what others call the subject, and vice versa; some researchers determine the subject of international customs law on the basis of their own views on its place in the legal system, while others suggest doing so based on the definition of the subject of national customs law and etc. Attention is drawn to the inadmissibility of the identification of the studied categories. It is offered during the implementation of the concept of international customs law to be derived from the categories "object" and "subject" by the terms "subject of international customs law" and "object of international customs relations". The subject of international customs law are international customs relations. International customs relations are the relations of international customs cooperation, relations on issues of mutual administrative assistance in customs matters and the relations of struggle (or conflict) between actors of international customs law in customs matters. On the basis of different criteria, these groupings of relations can be further differentiated into different types. The object of international customs legal relations is the actual behavior, the activities of their participants, carried out in the framework of international customs relations, which are the subject of international customs law.
Authors and Affiliations
Serhii Perepolkin
Keywords
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- EP ID EP451321
- DOI 10.32366/2523-4269-2018-65-4-83-89
- Views 124
- Downloads 0
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