PERMISSIVE RELATIONS IN A SPHERE OF THE REALIZATION OF THE STATE CUSTOM POLITICS AND THE LICENSING OF FOREIGN ECONOMIC ACTIVITY

Abstract

A question about the legal qualification of relations of permissive type, which arise in a sphere of the realization of the state custom politics and the licensing of the foreign economic activity is analyzed in the article. The author generalizes scientific opinions about the legal nature of the custom relations and analyzes the legal nature of some groups of these relations with permissive components. Some of these relations are administrative relations because custom organs giving licenses for economic subjects don’t delegate any economic power for them in a sphere of the foreign economic activity. Relations of other group arise for receiving of such economic power and permits from custom organs play a role of a mean of the state regulation of the foreign economic activity. So the last group of relations are the permissive relations in a sphere of economic activity. Also the author analyzes peculiarities of the relations in a sphere of the licensing of foreign economic operations including such operations with cane sugar, alcohol and tobacco products. The legal regime of the automatic and non-automatic licensing of foreign economic operations was investigated. The author concluded that the non-automatic licensing is a mean of the state regulation of the foreign economic activity. But the automatic licensing is only a mean of the defense of the legal base of the foreign economic operations. So only the first group of relations can be defined as economic permissive relations. Conclusions of the research are the next ones. Relations concerning the placement and the staying of the goods in the regime of recycling on the Ukrainian custom territory (abroad it), receiving of a permit for a building in a free custom zone and the licensing of foreign economic operations can be classified as permissive relations in a sphere of economic activity.