The fight against smuggling is one of the main activities of the customs authorities. The concept itself has Italian roots. In a literal translation, smuggling is the commission of actions aimed at the illegal movement of goods across the border, contrary to the instructions of the authorities. In modern law, a more precise definition of the term is used. Let us further consider the features and types of smuggling and punishment for it.
Modern definition of smuggling
This term is used today to refer to goods moving across the border:
- bypassing control;
- using fake documents;
- without paying duties and fees.
Undeclared cargo will also be recognized as smuggling.
History reference
Illegal movement of goods across the state border is an ancient business. It arose simultaneously with the formation of states and the introduction of the first legislative acts.
Some shipowners, merchants, as well as residents of border areas sought to earn by evading payment of duties to the treasury. Smuggling is always a risk. After all, the government of any state does not want to lose income. Responsibility for smuggling has always been quite strict. Even today in a number of countries it is considered a serious crime and involves harsh punishment.
Classification
Smuggling operations can be divided into several types depending on:
- danger to the state;
- scale of economic damage;
- types of goods transported across the border (for example, smuggling of alcohol products, automobiles, etc., is separately allocated);
- implementation methods, etc.
Hazard level
Classification by this criterion is similar to the division by type of goods. The difference is that the hazard level is determined depending on the purpose of the products. For example, smuggling of ammunition, weapons, firearms, chemical, biological weapons is considered the most dangerous. Their illegal movement across the border can create a real threat to the life of the population.
The next on the list is the smuggling of narcotic, radioactive, poisonous and other poisonous compounds.
Less dangerous is the illegal movement of objects of cultural, historical, artistic, archaeological value.
Next come the goods for mass consumption. Smuggling of tobacco products, alcohol, household appliances, and clothes is considered the most common.
Less dangerous is the illegal movement of luxury goods. These include yachts, expensive jewelry and cars, etc.
As for the classification by type of product, it is used in the analysis of product groups, for which illegal actions are most often committed. Quite often, lots of mobile phones, household appliances, medicines, cigarettes, and alcohol are detained at the border.
The value of classifications
Separation of smuggling into types depending on different criteria allows us to analyze the most common fraudulent schemes used by smugglers. Studying the methods of illegal movement of cargo, the forms of its concealment allow developing effective methods of combating crimes.
Economic damage
The harm from the actions of smugglers differs in a systemic, complex nature and is expressed in several directions at the same time. If we talk about economic damage, then 2 aspects should be noted:
- The state budget suffers direct losses due to non-payment of duties and fees.
- The principle of equal opportunities for participants in economic activity is violated.
Since the basis of the country's budget is made up of tax and customs payments, authorities should pay particular attention to the amount of these amounts and the volume of operations carried out by smugglers.
Overstated rates and high costs of customs clearance make the illegal movement of products, although risky, but very profitable. Accordingly, the higher the profit from smuggling, the more willing to do it.
If we talk about a violation of the principle of equality of business entities, then the following should be said about this. Market participants receiving products with the lowest costs arising from non-payment of duties and fees are in more advantageous positions compared to other entities. Accordingly, companies using smuggled goods are more competitive. If this process is not stopped, only monopolists will work in the market.
Positive points of smuggling
Despite all the damage from the illegal movement of goods, there are some advantages in this process. First of all, they concern consumers.
The cost of smuggled goods is significantly lower than those that are officially delivered to stores. This is due to the lack of costs (duties, royalties to authors, etc.).
Smugglers often deliver foreign-made products when interstate trade ties are frozen.
However, smuggling always harms the economy, even if the average consumer benefits from it.
Social impact
They are closely related to the economic damage caused by smuggling.
The decrease in the amount of revenues to the state budget leads to problems in the redistribution of funds. Lack of money supply entails the freezing of salaries for budget employees, delayed payment of benefits, pensions, etc.
For example, the Federal Law "On Education" established the requirement that earnings for teachers in schools and universities should be at least the average salary of workers in industrial enterprises. However, in 1990-2000. this requirement was not complied with due to the lack of sufficient funds in the budget.
Statistics
At first glance, the consequences of smugglers may seem exaggerated. But with a more thorough analysis, you can see serious problems in the socio-economic sphere.
In 1990-2000 smuggling volume was estimated annually at 12-15 billion dollars. Forest was cut down illegally and sent to other countries. Total losses amounted to more than $ 1 billion each year. During this period, the illegal import of foreign cars was put on stream. From this, the state budget annually lost almost half a billion dollars. But there was smuggling and other goods: cigarettes, alcohol, household appliances. In aggregate, budget losses amounted to colossal amounts that could be directed to the socio-economic development of the country. Accordingly, a decrease in the volume of smuggling will lead to a significant increase in the quality of life of the population.
Political implications
Smuggling is often the cause of exacerbation of relations between different states. This, in particular, is about cases when the government of one country does not want or does not have sufficient opportunities to close the border for illegal goods. Accordingly, this causes discontent among the border states. Illegal movement of weapons, ammunition, and food creates a particular danger in such situations.
In countries with insufficiently strong power, drugs and weapons are illegally transported across the border. They enter neighboring states and contribute to exacerbation of social tension and the growth of crime.
The receipt of drugs in economically prosperous countries leads to the fact that armed formations are sent from them to the countries that supply these substances. As a result, together with government forces, plantations of forbidden plants and clandestine laboratories for the production of narcotic substances are destroyed. People involved in this business, in turn, show discontent and oppose the government and allies. So there are internal conflicts.
Punishment for smuggling
First of all, it must be said that criminal liability for the illegal movement of goods occurs if it is committed on a large scale. Sanctions are established by Art. 188 of the Criminal Code. Smuggling is punishable by a fine of 100-300 thousand rubles. or equal to the income of the perpetrators for 1-2 years or 5 years in prison.
If narcotic / psychotropic compounds are illegally transported across the border, the plants in which they are present, the punishment is tightened. In part 2 of Article 188 of the Criminal Code of the Russian Federation, the smuggling of such goods entails 3-7 years in prison. The court is additionally entitled to impose a fine of up to one million rubles or in an amount equal to the income of the perpetrators for 5 years, or restriction of liberty up to a year.
A more severe punishment is imposed for persons involved in the crimes established by paragraphs 1, 2 188 of the article, if they used their official status or used violence against a customs officer during the commission of an act.
The most severe sanction is provided for entities engaged in smuggling as part of an organized group.