Definition of Customs Offences in International Law

Abstract

Customs offenses pose a serious threat to the world legal order. Establishment of responsibility for them in international law demands accuracy and formal definiteness. Definition of a customs offense is necessary for consistent approach elaboration to them, establishment of customs authorities’ jurisdictions, ensuring the assistance between customs authorities of different countries. The problem of customs offenses definition includes three aspects: differentiation of customs offenses from other offenses; differentiation of customs crimes and customs offenses; differentiation of international crimes and crimes of international character. The definition of customs offenses in international law is carried out at the common, regional and bilateral levels. As a rule, the regional regulation is carried out within Customs unions that have the consistent approach to customs offenses. And this regulation significantly varies on degree of detail. The analysis of international law acts shows the following features of a customs offense: the material – in any case these acts are connected with conveyance of goods across the customs border; the formal – they represent violation of customs legislation; and the procedural – production on these offenses is referred to customs authorities maintenance. The most widespread and dangerous customs crime is smuggling. Smuggling in international legal acts is considered as a crime when they establish the duty of States to qualify these acts in national legislation in a proper way. Also there is another approach when an international law act defines smuggling as an offense and gives the states an opportunity to qualify these acts either as a crime, or as an administrative offense. Merits and demerits of each of the mentioned approaches are noted. The article defines the international customs offense as the act encroaching on the established by the international legislation order relating to the conveyance of goods and other subjects across the customs border that causes administrative or criminal liability according to the national legislation.

DOI: 10.5901/mjss.2015.v6n3s6p219