Mitiay E., Kameneva Z. —
Legal regulation of the power of attorney management of finances according to the law of the Russian Federation
// Law and Politics. – 2017. – ¹ 1.
– P. 59 - 71.
DOI: 10.7256/2454-0706.2017.1.17587
URL: https://en.e-notabene.ru/lamag/article_42901.html
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Abstract: The subject of this research is the peculiarities of legal regulation of the relations that form at the present stage due to establishment and development of the institution of power of attorney management of finances as one of the types of financial services. The object of this research is the public relations that form in the process of realization of the power of attorney management of finances as a specific type of financial services, which allows ensuring the demands of the state in additional financing of the most promising national and regional projects through attraction of funds that belong to private and legal entities in the active economic processes. The authors support the propositions made by some researchers (N. A. Fokin, V. S. Egorov), regarding assignment of the legal institution of the power of attorney management of finances as an independent institution, with consideration of specific character of an object of trust management as the process of application of the complex of transactions, which in turn, can be replaced with other objects (bonds, currency securities, and other property); or the object of management is directly the property complex – a unit investment fund and non-governmental pension fund. Result of the conducted analysis give all grounds to speak of the purposefulness of establishment with regards to the authorized capital of non-governmental pension funds and unit investment funds the requirements on the obligatory deposit of authorized capital onto special account, with the right to payments only in cases associated with occurrence of negative consequences for the financial status of a fund, determined by the legal precedent of a court ruling.