Правовые аспекты регулирования внешнеэкономической деятельности в РУз (english) - (диплом)
p>· Sharing(participation) in formation of main principles of external economic policy(politics) of a Republic of Uzbekistan;· Maintenance of realization of the agreed measures realized by Ministry of external economic ties, Treasury, Госкомимуществом, Ministry of foreign businesses, Госкомпрогнозстатом, State tax committee, National bank of foreign trade activities both other ministries and departments of republic, in the field of external economic policy(politics), cooperation to international financial and economic organizations, attraction of the foreign investments and credits; · Study and generalization of results of activity of ministries, departments, corporations, associations, enterprises of republic, local government bodies and management in the field of foreign economic relations; · Preparation together with ministries, departments, corporations, associations, enterprises of a Republic of Uzbekistan and entering on consideration of a Study of the Ministers of the offers on development of foreign economic relations with foreign countries, international financial and economic organizations, and also on attraction of the foreign investments and credits; · The analysis of the projects of the forecasts of import and export of goods, preparation of the appropriate decisions of a Study of the Ministers; · Organization together with departments of a Study of the Ministers, ministries, departments, corporations, associations, enterprises of a Republic of Uzbekistan of development and realization of the programs of development of foreign economic relations, investment policy(politics), technical and other forms of co-operation; · The analysis of functioning of systems of currency and customs regulation of republic; · The analysis of activity МВЭС and National bank of foreign trade activities, and also external economic divisions of ministries, departments, corporations, associations, enterprises of a Republic of Uzbekistan and preparation of the offers on improvement of their work; · Preparation of the offers at the choice of priority directions of cooperation with international financial and economic organizations and realization of the control behind realization of the programs of technical and financial assistance;
· And other.
2 Ministry of external economic ties of a Republic of Uzbekistan. Central part of the mechanism of regulation of foreign trade activities in Republic& of Uzbekistan is the Ministry of external economic ties. With the purposes of realization of uniform external economic policy(politics) of a Republic of Uzbekistan, maintenance of nation-wide interests in the external market, increase of productivity of economic, technical and trade cooperation with foreign countries, perfection of management in this sphere and creation of necessary conditions to the participants of foreign trade activities in effective work on international arena on February 21, 1992 the Ministry of external economic ties of a Republic of Uzbekistan (МВЭС of a Republic of Uzbekistan) . 1 was formed(educated) The ministry of external economic ties of a Republic of Uzbekistan is a state body which is carrying out coordination, regulation, control, management of all foreign economic relations of republic. МВЭС represents a Republic of Uzbekistan behind its(her) limits, and also abroad, acts on behalf of republic and in its(her) interests on all external economic questions, including the obligations following from the international agreements of a Republic of Uzbekistan. The ministry carries out the activity under a direct management(manual) of a Study of the Ministers of a Republic of Uzbekistan. 1 Main problems and directions of activity of Ministry of external economic ties of a Republic of Uzbekistan are: · Formation and realization of state external economic policy(politics) on the basis of definition(determination) priority for republic of directions of cooperation with foreign countries, development(manufacture) of mechanisms of stimulation of foreign trade; · State regulation of foreign trade activities, realization of the control behind operations of the participants of foreign trade activities acting on territory of Uzbekistan, for observance by them of the established(installed) order of realization of this activity; · Submission in Uzbekistan and behind his(its) limits of external economic interests of republic; · Creation организационно- legal and economic conditions for development of foreign economic relations; · Satisfaction of needs(requirements) of a national economy and population of republic in production of foreign countries by active inclusion of Uzbekistan in global economic cooperations; · Development of an infrastructure of foreign economic relations, including creation of information systems, maintenance транспортно- of forwarding service, certification of the export and import goods; · Development of the offers on expansion of an export potential of republic; · Attraction of the foreign investments in economy of republic and their effective utilization, rational accommodation of the capitals of republic abroad; · Protection of interests of the participants of foreign trade activities of Uzbekistan as in republic, and abroad, maintenance of interaction in questions of foreign economic relations with the states by the members of a CIS, and also with other foreign countries. The ministry concentrates the activity on nation-wide, торгово-political, economic, scheduled, валютно-credit, financial and analytical questions of development of external economic ties, increase of their efficiency, perfection of the mechanism of such communications(connections) and rendering of assistance to ministries, departments, external economic organizations, associations and enterprises, concerns, associations, organizations, including natural persons (“ the participants of foreign trade activities ”) in становлении and development of their foreign trade activities. To Ministry of external economic ties of a Republic of Uzbekistan is assigned: · Development of the offers on strategic questions of development of external economic ties, projects of the international agreements of a Republic of Uzbekistan; · Maintenance of realization of uniform external economic policy(politics), realization of state regulation of foreign trade activities on territory of republic, control behind observance by ministries, departments, external economic organizations, enterprises of interests of Uzbekistan, including carrying out of the obligations following from the international agreements of a Republic of Uzbekistan; · Submission and protection of state interests of a Republic of Uzbekistan in sphere of foreign trade activities, sharing(participation) in work of international economic organizations and associations, intergovernmental commissions on торгово- economic and scientifically to technical cooperation to foreign countries, coordination of activity in them of the appropriate ministries and departments of republic; · Interaction with departments of the state-participants of a CIS in realization · The agreed policy(politics) in external economic sphere; · Registration of the enterprises and organizations located on territory of republic, as the participants of foreign economic relations, accreditation of foreign firms, companies, organizations; · Management(manual) of activity of trade agencies of a Republic of Uzbekistan in foreign countries; · Organization of realization of export-import transactions with the goods общереспубликанского of significance, development of the offers on improvement of structure of export and import; · Realization of коммерческо-information and advertising work; · Organization of the international and foreign exhibitions and fairs in republic and abroad. Ministry of external economic ties of a Republic of Uzbekistan, Ministry of external economic ties of Republic Karakalpakstan, management of the authorized Ministry on areas of republic, city to Tashkent self-supporting commercial structures, created for want of them, branches in separate regions, trade and economic representations abroad, republican self-supporting external economic, foreign trade associations and firms, коммерческо- advertising centre, transport representations and other subordinated organizations and загранучреждения on the rights of the legal persons make uniform system of Ministry. МВЭС REPUBLICS Karakalpakstan carries out the activity within the framework of uniform external economic policy(politics) of a Republic of Uzbekistan and under the direction of Ministry of external economic ties of a Republic of Uzbekistan. Management of the regional convener and the local government bodies and state management carry out the activity in sphere of foreign economic relations in close interaction. The ministry does not bear the property responsibility under the obligations of self-supporting subordinated and other external economic organizations, and these external economic organizations do not answer for obligations MINISTRY. Ministry of external economic ties of a Republic of Uzbekistan: · Participates in development of the concepts of main directions of economic and social development of a Republic of Uzbekistan, and also other perspective programs and прогнозных of development in a part of development of external economic ties of Uzbekistan as as a whole, and with separate countries, groups of countries and regions; · Develops and introduces the offers to a Study of the Ministers about allocation of the quotas under the project of the currency plan on export to import; · Introduces on the assertion(statement) of a Study of the Ministers the balanced project of the export and import plan of a public contract; · Together with Госкомпрогнозстатом of a Republic of Uzbekistan develops the forms of the statistical reporting in the field of foreign economic relations, with Госстандартом and State customs committee Republican гармонизированную system, with State customs committee of a measure of tariff and tariff regulation of export-import transactions; · Defines(determines) together with National bank of foreign trade activities and other business banks, sizes and direction of the товарно-financial credits, their service; · Analyzes a course of fulfilment by ministries both departments and other participants of external economic ties of the state tasks in the field of external economic ties; · Interacts with trade agencies, economic advisers for want of embassies of foreign countries taking place on territory of a Republic of Uzbekistan; · Stores(keeps) first copies of the external economic agreements of a Republic of Uzbekistan; · Issues when due hereunder to foreign organizations and firms the sanction to opening in Uzbekistan of representations; · Assists in creation in foreign countries of organizations including of republican associations, enterprises, organizations which are carrying out foreign trade activities; · Represents interests of a Republic of Uzbekistan and participates in work of international economic organizations and bodies, intergovernmental commissions and committees on торгово- economic and scientifically to technical cooperation to foreign countries; · Coordinates activity of the subjects of foreign economic relations of republic in international economic and other organizations; · Assists the participants of foreign economic relations in republic; · Carries out(conducts) the analysis of foreign trade activities of the participants of external economic ties, studies practice of their work, application of the normative documents, acting in this area, , introduces the offers on their perfection; · Conducts the State register of the participants of foreign economic relations. The ministry of external economic ties of a Republic of Uzbekistan is headed by(with) the Minister quoted by the President of a Republic of Uzbekistan with the subsequent submission on the assertion(statement) Олий Мажлиса of a Republic of Uzbekistan. The minister has the deputies quoted by a Study of the Ministers of a Republic of Uzbekistan, including two first deputies. The minister establishes limits of authorities authorized МВЭС of a Republic of Uzbekistan. The minister of external economic ties of a Republic of Uzbekistan bears the personal responsibility for fulfilment of the problems, assigned to Ministry, and realization by him(it) of the functions. The minister issues the orders and instructs, obligatory for performance(fulfillment) by organizations, enterprises and establishments of system of Ministry of external economic ties of a Republic of Uzbekistan. The minister appoints to the post and releases of a post of the workers of the central device, conveners МВЭС, executives of subordinated establishments and self-supporting organizations, sales representatives and employees of their device abroad. In Ministry the board in structure of the minister of the chairman of board, deputies of the Minister - on a post, Minister of external economic ties of Republic KARAKALPAKSTAN on a post, other executives of Ministry, subordinated organizations, and also representatives(representative) of law-enforcement, customs, financial bodies of republic and other ministries, departments, organizations participating within the limits of the functions management by foreign economic relations of a Republic of Uzbekistan will be formed. The number of board and its(her) personal structure, on presentation of Ministry of external economic ties, affirms by a Study of the Ministers of a Republic of Uzbekistan. The ministry of external economic ties within the limits of the competence, on a basis and in performance(fulfillment) of the laws of a Republic of Uzbekistan, decrees of the President of a Republic of Uzbekistan, decrees and orders of a Study of the Ministers issues the orders, develops the instructions, normative documents, Karakalpakstan, conveners of Ministry, subordinated external economic associations, firms, representations, establishments and other organizations instructs, obligatory for performance(fulfillment) by ministries, state committees, departments, associations, enterprises, organizations and businessmen, local bodies of state management, МВЭС of Republic, and also trade agencies of a Republic of Uzbekistan and devices of the economic advisers for want of embassies of a Republic of Uzbekistan in foreign countries, will organize and checks their performance(fulfillment). For realization of state regulation the foreign trade activities on places create Managements of the regional authorized Ministry of external economic ties of a Republic of Uzbekistan. The management of the regional convener on areas and city to Tashkent forms with the purposes of realization of uniform external economic policy(politics) and strategy of its(her) development, maintenance of nation-wide interests in the external market, increase of productivity of economic, scientific and technical, trade, cultural and other communications(connections), development of new forms of co-operation with foreign countries, perfection of management in this sphere and creation of necessary conditions to the participants of foreign trade activities of region for effective work on international arena. The management of the convener forms as independent structural division МВЭС of a Republic of Uzbekistan and concentrates the activity on nation-wide, trade and economic, scheduled, analytical and other questions of development of external economic ties and rendering of assistance to ministries, departments, enterprises, concerns, associations, private(individual) businessmen in становлении and development of their foreign trade activities. The management of the convener carries out the activity in interaction with divisions МВЭС, subordinated to it(him) by organizations, self-supporting external economic, foreign trade associations and firms, and also trade agencies of a Republic of Uzbekistan abroad. The management of the convener carries out the work in sphere of external economic ties in close interaction with local government bodies and state management.
Main problems of Management of the convener are:
· Maintenance of realization in region of uniform external economic, валютно-credit and investment policy(politics) of a Republic of Uzbekistan on the basis of maintenance of comprehensive and equal in rights development of external economic ties of a Republic of Uzbekistan with foreign countries, increase of these communications(connections) in economic and social development of republic, region; · Sharing(participation) in development of the offers on long-term strategic questions of external economic, валютно-credit and investment policy(politics) and development of foreign economic relations of region; · Realization of the control behind observance by the participants of foreign trade activities of region of interests of republic both on internal, and in the external market, coordination and regulation of their foreign trade activities; · Rendering of assistance to foreign trade organizations МВЭС in realization of export-import transactions on the goods общереспубликанского of significance, rendering of technical and economic assistance to foreign firms and organizations; · Increase of efficiency of external economic ties of region, including by improvement of structure of export and import with allowance for of needs(requirements) of region and republic as a whole; · Creation of the most favorable conditions for an output(exit) of the participants of foreign economic relations on the external market, and also for business; · Sharing(participation) in data collection about an export potential of region for the information МВЭС, assistance to maintenance of equation of a home market of region and protection of the rights of the consumers. The management of the convener МВЭС of a Republic of Uzbekistan is headed authorized мвэс- by(with) the chief of Management. Authorized МВЭС - the chief of Management is nominated as the order of the Minister, with the subsequent submission to the assertion(statement) of a local government body. The deputy of the convener МВЭС - deputy of the chief of Management is nominated in the same order. The employees of Management as agreed with the Minister, are nominated authorized МВЭС - as the chief of Management. The chiefs of self-supporting firms and organizations for want of Management, as agreed with the Minister, are nominated authorized МВЭС - as the chief of Management. Authorized МВЭС - the chief of Management carries out a management(manual) of all activity of Management and bears the personal responsibility for fulfilment of the problems, assigned to Management, and effective realization by them of the functions. Authorized МВЭС - the chief of Management is the unique proxy representative(representative) of Ministry of external economic ties of a Republic of Uzbekistan to region. The right is grantiven to management of the regional convener МВЭС of a Republic of Uzbekistan: · To receive from divisions МВЭС, other departments and organizations, customs services, statistical managements, trade agencies abroad, participants of foreign economic relations, private(individual) businessmen of a Republic of Uzbekistan information, methodical, normative materials, statistical given necessary for fulfilment of the functions, assigned to them, ; · To carry out on the basis of reciprocity exchange by the necessary information on external economic questions with organizations of republic, states both members of a CIS and foreign countries; · To involve(attract) the workers of divisions МВЭС in realization of the measures which are carried out(spent) by Management according to functions, assigned to them, and problems; · To represent МВЭС of a Republic of Uzbekistan on meetings and under his(its) assignment(order) on negotiations connected to consideration of questions, concerning foreign trade activities of region; · To create for want of Management, as agreed with МВЭС, self-supporting firms, small enterprises, association, joint ventures and other kinds of external economic organizations, including including foreign partners, and also to reorganize and to liquidate them. The management of the convener МВЭС of a Republic of Uzbekistan within the limits of the competence, on a basis and in performance(fulfillment) of the laws of a Republic of Uzbekistan, decisions Олий Мажлиса, decrees of the President, decrees and orders of a Study of the Ministers, orders and orders МВЭС issues the orders and instructs, obligatory for performance(fulfillment) by the enterprises, associations, organizations, all participants of foreign trade activities of region, private persons, and also checks their performance(fulfillment).
I. Structures of the central device МВЭС: · Management(manual).
· Senior management of the analysis and prospects of foreign economic relations. · Senior management of regulation of foreign trade activities. · Senior management of economy and planning of foreign trade. · Management of a legal service and accreditations. · Senior management of development of an export potential. · Management of international carriages. · Management of economic examination of the investment projects. · Management of the finance, book keeping and reporting. · Legal management. · Senior management of preparation and improvement of professional skill of the staff.
· Senior management of capital construction. · Management of marketing. · Inspection for want of Minister.
· Management of the нормативно-legal sertificates(acts) ВЭС, ordering and кодификации of the legislation. · Management of development of regional foreign trade activities. · Management of coordination of activity of joint ventures. · Department of labour and wages.
· Department of advertising.
· Department of the scientific and technical and special information. · Management of businesses.
· Department of a special service and фельдсвязи.
· Department of mobilization preparation and civil defense. · Regional managements of the conveners МВЭС in Republic Karakalpakstan, areas of republic and city Tashkent.
. Subordinated divisions МВЭС:
Republican self-supporting external economic association “Инновация”. Republican self-supporting foreign trade association “Узагроимпекс”. Republican self-supporting foreign trade association “Узпроммашимпекс”. Republican self-supporting external economic association “Интерсервис”. Republican self-supporting external economic association “Узвнештранс”. Republican foreign trade self-supporting firm “Центропромэкспорт”. Republican external economic self-supporting firm “Узинтерстрой”. Transport company “ Урта Осие транс ”.
Republican информационно-commercial centre “Узинкомцентр”. Republican торгово-exhibition centre “Узэкспоцентр”. Торгово-exhibition centre of Uzbekistan in Switzerland. Printing house. Chapter III.
WAY of PERFECTION ОРГАНИЗАЦИОННО - LEGAL REGULATION of foreign trade ACTIVITIES. For today the Republic of Uzbekistan has achieved huge successes in foreign trade activities, and large merit in it of bodies of regulation by foreign trade activities of a Republic of Uzbekistan. Our state actively has joined in multilateral international mechanisms of economic complementation, has entered also beginnings to conduct active policy(politics) in authoritative international financial and economic organizations, such as ООН and its(her) institutes, World bank, International monetary fund, International organization of labour, World organization of public health services and other organizations. Many international organizations - ООН, МВФ, World bank, European Bank for Reconsruction and Development - have opened in republic the representations and actively cooperate to the Uzbek partners. The reorganization of system of foreign economic relations of a Republic of Uzbekistan after a finding by her(it) of the state sovereignty assumes qualitatively new approach to use of world(global) experience of economic and foreign trade cooperation. It concerns both state regulation of foreign trade activities, and business partnership of the Uzbek enterprises with the foreign companies. Today foreign economic relations of steel to render the certain influence on development of economy of republic, stabilization of a home market, satisfaction of needs(requirements) in the consumer goods. The activization of foreign trade activities of republic for years of reforms has brought a number of positive results. First, the cumulative foreign trade turn-over of Uzbekistan considerably has increased. The share(! long) of export operations of republic on hard currency has increased. The appreciable changes were undergone by(with) structure of import. Secondly, the output(exit) on the external market of significant number of the independently managing subjects promoted the adaptation of elements of republican economy to system мирохозяйственных of the attitudes(relations), that expands the real preconditions for formation of market economy. Thirdly, the independent realization of republican foreign trade activities stimulated creation of new administrative and организационно-economic structures: the development of legal and normative base regulating foreign trade activities of republic is begun, the wide network of an infrastructure of an external economic complex and training of personnel for foreign trade is formed. However is and certain problems, which decision requires(demands) partial revision of the mechanism of regulation and management of foreign trade activities in Republic. Despite of the achieved positive results, the foreign economic relations at the present do not have enough full and effectively are used for assistance to the decision of the most important and sharp economic problems arising during market reforming. The reasons here a little. First, there was no yet breakthrough in structure of foreign trade and priorities of foreign trade activities of republic. Secondly, backward technology and low technological level of used production assets. Thirdly, the accepted decisions in connection of perfection of foreign trade activities are reduced to administrative - organizational measures and are not supported with rather effective measures of the economic order. In - fourth, ministry, departments, concerns, the enterprises, which legislation of republic gives the right of foreign trade activities, frequently cannot by him(it) effectively take advantage because of absence of effective economic incentives unsufficient of knowledge of requests and the laws of the world(global) market, weak organizational and personnel подготовленности. The problems, which were revealed by me for want of research of this area of state management, consist in the following:
· The rests of bureaucratic system;
· Inconsistency in activity of bodies of state management in the field of foreign trade activities; · Repeatability of functions referred to authorities of various bodies; · Change in structure иерархичной of subordination legislative and подзаконных of the sertificates(acts) frequently separate of the decree, instruction and the orders issued at a level of a Study of the Ministers or ministries prevail and have advantage above the laws, and sometimes and contradict them; · Too large сконцентрированность разрешительной of an authority in one body (МВЭС); · Absence of the administrative mechanism of the appeal of the decisions of bodies of state management. The decision of these problems requires(demands) active actions, and the decision can be only in revision of activity of all system of bodies of management of foreign economic relations.
THE CONCLUSION.
The young independent state Uzbekistan independently acts on world(global) arena and his(its) item is more and more taken into account for want of to development(manufacture) of the decisions at regional and global levels. Внешнеполитическая the activity of a Republic of Uzbekistan has the important significance for its(her) national independence, political and economic independence, strenghtening of the sovereignty both safety and successful decision of sharp socio economic problems. At the present small experience of international relations of Uzbekistan shows, that realization of independent external policy(politics), development of own ways of entry in world(global) community, definition(determination) of directions both priorities of the interstate attitudes(relations) and their further development, assertion(statement) of principles of peace coexistence, equal in rights interstate attitudes(relations) and mutually advantageous cooperation promote the decision of wide sections of internal and external problems. It has become possible(probable) only after declaration of independence, then the integral right of the Uzbek people - right on free self-determination was realized(sold). Just a finding of state independence, introduction in ООН, other international organizations and the regional unions have opened such opportunities to Uzbekistan. For seven years of reforms the economy of a Republic of Uzbekistan has become much more open with a point of view; !from the point of view of not only conducted институциональной of liberalization, but also amplification(strengthening) of its(her) integration in world(global) economy as a result of increase Uzbek foreign trade and especially of export quota. Hence, now world(global) market renders on economy of Uzbekistan much more influence, that is the lien and strongest stimulus of its(her) efficiency. However is and certain problems, which decision requires(demands) partial revision of the mechanism of regulation and management of foreign trade activities in Republic. Suming up the present research work and before to give any recommendations for improvement of management of foreign trade activities, I would like in brief to summarize aspects of questions considered by me in given work. Legal basis of foreign trade activities in a Republic of Uzbekistan is the Law “ About foreign trade activities of a Republic of Uzbekistan ”. The law establishes main principles and fixes state regulation of foreign trade activities. The state adjusts foreign trade activities with definite purposes, namely protection, both public, and private(individual) interests. And the adjustment process occurs in the certain directions: · Maintenance of consolidation of economy, its(her) stability and development; · Possibility of access of the domestic managing subjects on the foreign markets; · Registration of the participants of foreign economic relations etc. Further in the research work I considered system of bodies of management of foreign trade activities. By beginning from the President of a Republic of Uzbekistan, I have considered his(its) constitutional authorities in the field of management of foreign trade activities. Then has tried to open significances of the Device of the President during management of foreign trade activities, and in interests of work I detailed . have considered such structural division as a Service of the State adviser of the President of a Republic of Uzbekistan under the interstate attitudes(relations) and foreign economic relations. By central part of the mechanism of regulation of foreign trade activities the Ministry of external economic ties acts, and the direct coordination of work of the participants of foreign economic relations is carried out by a Study of the Ministers directly through the appropriate state bodies. The problems, which were by me noticed for want of research of the given area of state management, consist in the following:
· The rests of bureaucratic system;
· Inconsistency in activity of bodies of state management in the field of foreign trade activities; · Repeatability of functions of the various bodies, referred to authorities, ; · Change in structure иерархичной of subordination legislative and подзаконных of the sertificates(acts) (very much frequently separate the decree, instruction and the orders issued at a level of a Study of the Ministers or ministries prevail and have advantage above the Laws, and sometimes and contradict; · Too large сконцентрированность разрешительной of an authority in one body (МВЭС); · Absence of the administrative mechanism of the appeal of the decisions of bodies of state management and other. What concerns global ways of the decision of problems, first, it is long-term интеграционная the program - direct inclusion in international monetary and trade structures on the basis of creation equal in rights and adequate(answering) national interests of conditions for interaction of all managing subjects of Uzbekistan with the external world. Secondly, it is support of carried out(spent) transformations by reception of the financial, technical and advisory help on the part of the appropriate international institutes on the basis of being available international experience. Thus, suming up it is possible to tell, that for today in the field of foreign economic relations already much is made, however much still should be made at that, how, on what way there will be following steps of reforming the well-being of Republic depends directly, as the foreign investors, local businessmen first of all look at организационно-legal bases, which fix functioning foreign trade activities.
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