Implementation (in Latin implere – to implement, reach, carry out, execute) in international law – organizational and legal activity of states with a view to implementing their international legal obligations. The mechanism of implementation includes a set of legal and institutional means used by the subjects of international law at the international and national levels. The international system of implementation is composed of internationally created authorities. The agreements of nonuniversal, regional and local international organizations, specialized institutions and their subsidiary bodies. With their help, it is possible to combine the efforts of states and international organizations in the implementation of existing international law. The national system of implementation is formed by the organic authorities and other state bodies that have a duty to ensure that the country fulfills its international legal obligations. Since the rules of international law cause legal relations between subjects of international law and do not cause them between subjects of domestic law, Additional domestic remedies are necessary to translate the rules laid down in international law into real actions by State authorities, legal entities and citizens under the jurisdiction of the State. In Ukraine the system of implementation bodies is regulated by the Constitution of Ukraine and by the Law of Ukraine “On International Rights” [1].
Each State itself determines the methodology and means of implementation. Foreign experience testifies to the absence of universal models of regulation of activity of business structures in the sphere of wholesale and retail trade, as it depends on the needs of a particular country. For example, France, the U.S. and Poland pay attention to the active development of large-format trade, while Japan, on the other hand, tends to limit the possibilities for the development of large formats by supporting the development of small stores [2].
As stated by V. Mashtabey in his supplement “Made in the World, or the Evolution of World Trade” during the years of independence Ukraine has done a lot for its active involvement in the world markets. The cumulative result of this work was gaining membership in the World Trade Organization (WTO) and the agreement on free trade with the European Union (EU). “However, the practical consequences of the implemented measures do not make the governmental offices and companies engaged in export-import operations want to take over. This criticism can still be reduced to the lack of systematic reforms in the country, which in itself is the truth. But there are also other reasons of unsatisfactory work of the foreign trade complex of Ukraine, connected with the lack of taking into account those objective changes, which occurred in the world trade during the last several decades” [3].
The main players in the market of international trade are accepted to name three powers – the USA, the European Union and China. Actually they dictate the foreign trade policy at the global level. And Ukraine, which has long been on the crossroads of trade routes from the Varangians to the Greeks, cannot but feel this powerful influence on itself.
On 7 December 2013, the members of the World Trade Organization (WTO) concluded negotiations on the Treaty on the Simplification of Trade Procedures (the “USPTO”). On 27 October 2014, the General Council of the World Trade Organization formally adopted the Protocol on Supplementing the SOT Convention with a Trade Facilitation Convention. The fact that Ukraine is one of 2/3 of the countries that ratified the ATT has greatly improved Ukraine’s image in the ATT. Besides, it is a positive signal for the international trade and investment community about the seriousness of Ukraine’s intention to improve its trade and investment climate (legislation). This is very important at the current stage of economic development of Ukraine [4].
Having analyzed the notifications “Notification on the obligations of category “a” under the agreement on trade facilitation. Communication from Ukraine” (August 14, 2014 and May 22, 2018) within the framework of the Ugodas on trade facilitation, the Ministry of Economic Development and Trade of Ukraine was requested to implement the provisions of the USPTO:
1) procedures of import, export and transit (including procedures that are applied at the port, airport and other crossing points of the cordon) and the necessary forms and documents;
2) rates of customs duties and taxes;
3) fees and payments, rules for classifying the value of goods for customs purposes;
4) Laws, subsidiary legislation and administrative regulations of general application which concern the rules of value determination;
5) limitation or prohibition of import, export or transit;
6) penalties for violation of import, export or transit procedures;
7) Agreements or their parts with any country or countries related to importation, exportation or transit; procedures related to administration of tariff quotas.
For the purpose of simplification and acceleration of procedures of customs control and customs clearance of goods the state has the Customs Code (Article 23) and the ILO Convention on the simplification of trade procedures (Article 3) [5].
References
- Савчук К.О. Імплементація // Енциклопедія історії України: Т. 3: Е-Й / Редкол.: В. А. Смолій (голова) та ін. НАН України. Інститут історії України. К.: Наукова думка, 2005. – 672 с.
- Севрук І. М. Міжнародний досвід інституційно-правового регулювання діяльності торговельних мереж // Ефективна економіка, 2014. – № 4. URL:http://www.economy.nayka.com.ua/?op=1&z=2957
- Маштабей В. Made in the World, або Еволюція світової торгівлі URL:http://surl.li/auyhz
- Кизим М. О. Перспективи розвитку і комерціалізації нанотехнологій в економіках країн світу та України: монографія. – Х. : ВД «ІНЖЕК», 2011. – 392 с.
- Як отримати попереднє рішення про країну походження товару? URL: http://surl.li/auyhk