ویژگی مقررات ضد دامپینگ برای کشورهای در حال گذار

Since the anti-dumping regulation mechanism in transition economies is a specific instrument for promoting competition, the anti-dumping should be viewed as a constitutive very important part of the trade policy. The basic criteria traditionally used in the determination of the normal price of a product should be adapted to the realities of organic production in the transition period.

The problem of anti - dumping regulation framework refers to a number of very actual problems. On its correct design depends the development of an optimal economic policy. Transition economies have to solve or ad apt to specific conditions given by: resources’ limitation, which causes the dependence of t hese economies on the dynamics of the global market; countries’ markets small capacities that, according to th e chosen export orientatio n strategy, require an active promotion of their products on foreign markets.The main objective of the economic policy is to ensure th e effective protection of the exports from the adverse effects of anti - dumping measures. Therefore, the domestic exporters’ protection could be expressed by the following direction s: how to support economic restructuring and creation of conditions for development of the country's exports; finding the means of protecting national producers from unfair competition from foreign firms on external ma rkets. This topic is relevant for transition countries as th e practice of antidumping policy does not allow them to effectively incorporate into the system of international divi sion of labor. In economic theory there is a lack of research studies on the possibilities and features of the mechanisms of protectionist measures in accordance with the rules of the World Trade Organization (WTO). Therefore it is important to take into consideration the modern methodological approaches in using worldwide protectionist measures, as follows: investigate the system of national producers protection from imports of goods, existing within the WTO sy stem; determine the effectiveness and application of meth ods and m eans of protecting national producers; identify the main aspects of spec i al protective, antidumping and countervailing measures use, by taking into account the increasing market competitiveness. There is a stringent need to follow the dynamics of the anti - dumping policy, to identify key trends, issues, and chan ge possibilities of the forms and methods of its application. This will help the transition from anti - dumping m echanisms pronged treatment to comprehensive understa nding of policies in order to protect the interests of exporters. Certain aspects of the problem have been studied in the literature devoted to the analysis of anti - dumping m easures in international trade. But there are no theore tical justification of the basic criteria in determining the normal price of export goods and services to countries with transition economies. The findings of this paper can contribute to the dev elo pment of criteria and safeguards in the system of international economic relations. Basic criteria traditionally used in the determination of the normal price of a product should be adapted to the actual cond itions of production in the transition period. This theoretical study may contribute to a significant enrichment of the methodological potential of scientific develo pments.

The conclusions emerged from the WTO anti - dumping regulation practice , are the following: the current anti - dumping measures are legitimate protectionism instruments, their main purpose being the w orld trade liberalization;when calculating the normal rates for goods, the method of «zeroing» acts as a falsification of the criteria for determining the normal price, and its use is a form of hidden protectionism applied in non market co untries ; criticism in choosing analogue countries in antidumping procedures against exporters aims to minimize su bjectivity. Subjectivity regards the use of third countries ’ companies cost data, selected as counterpart s. T o prevent possible anti - dumping sanctions against domestic exporters, institutional reforms in transition economies are needed. The strategy of minimization of the consequences of antidumping measures implies: development of administrative conditions for turning to account of the foreign enterprises ’ ma nufacturing potential , companies interested in export s; creation of early warning system s with the implementation of preventive function through foreign diplomatic representations; enforcement of trade partnerships to ensure joint counteracting of anti - dumping measures driven against n ational companies; creation of a state legal authority specialized in anti - dumping special protective and compensatory in vestigations; organization of seminars for producers and exporters on a pplied complex problems of anti - dumping regu lation, as well as training of specialists in foreig n organizations with best practical results in anti - dumping investigations conducted by the European Commission; preparation of a qualified personnel possessing modern knowledge on various aspects of foreign trade; development in the curricula of higher educa tion establishments of special courses on anti - dumping regu lation topics ; receipt of a market economy status through the compliance of domestic economic legislation and practice t o the criteria of trading partners; concluding bilateral agreements with foreign countries based on mutual recognition of market economies. T he anti - dumping regulation needs to be considered as a constitutive important part of the trade policy. It is also a s pecific competitive tool supporting transition economies .