The characterization of grounds for determining goods as those completely produced in the given country
Journal Title: Правова позиція - Year 2016, Vol 2, Issue
Abstract
This article represents characterization of grounds for determining goods as those completely produced in the given country. It was noted that analysis of grounds for defining goods as those completely produced in the given country as well as criteria of sufficient processing of goods were not taken into account by scientists and practitioners. Each ground determined in the Customs Code of Ukraine was studied and analyzed separately; the essence, the scope of each ground as well as the state and the quality of legal regulation were defined. It was proved that some international agreements between Ukraine and other countries concerning rules of defining origin may determine some other grounds than those presented in the Customs Code of Ukraine. Peculiar attention was paid to absence of uniform application of conceptual and categorical apparatus in the Customs Code of Ukraine. And in view of that respective changes were proposed. The presented study of grounds concerning defining goods as those completely produced m the given country gives evidence of the fact that there is a certain peculiarity in legal regulation of these grounds. It was defined that all grounds (except for the last one) include blanket rules. And for full-scale comprehension of their clauses one should turn his attention to other normative legal acts. It was also noted that there is a problem of documentary evidence of a completely produced product (i.e. what documents should be used by an entity engaged in foreign certain product was manufactured or grown on the territory of a certain country).
Authors and Affiliations
П. Ю. Шевченко
Keywords
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