Annotation

Introduction. The article examines the principles of administrative regulation of licensing in the field of foreign trade in goods at the national level. The relevance of the topic stems from the fact that licensing, as an administrative instrument for implementing non-tariff measures, is simultaneously governed by several groups of principles whose systemic interaction remains insufficiently studied in Russian legal scholarship. The aim of the study is to identify and systematize the principles governing licensing in foreign trade, as well as to determine the nature of their interrelation. Methods. The methodological framework is based on the formal-legal method and the method of systemic legal analysis. Results. It has been established that no special principles of licensing in foreign trade in goods exist as such. They are formed at the intersection of the principles of licensing of specific types of activities and the principles of state regulation of foreign trade. The principles of licensing of specific types of activities carry an institutional function, shaping the essential parameters of licensing regardless of the particular field of its application. In turn, the principles of state regulation of foreign trade determine the sectoral specifics of administrative regulation in the field of foreign trade. Discussion. It is concluded that the two identified groups of principles are co-equal rather than hierarchically subordinated, being united by a common administrative-legal nature and subject matter. The principle of proportionality serves as a cross-cutting element permeating both groups. The four criteria of proportionality are represented by the following principles of licensing in foreign trade in goods: the criterion of legitimate aim is reflected in the principles of the unity of economic space, protection of the rights of foreign trade participants, and ensuring national defense; the criterion of suitability is expressed through the principles of legality, uniformity of licensing procedures, and objectivity of licensing; the criterion of necessity is embodied in the principles of an exhaustive list of licensing requirements and the inadmissibility of excessive burden; the criterion of proportionality in the narrow sense is manifested in the principles of transparency, exclusion of unjustified interference, and the right to appeal.