Chudinovskikh M.V., Kuvaeva Y.V. —
Regulation of the model types of crowdfunding: China's experience and its applicability in Russia
// Finance and Management. – 2021. – ¹ 2.
– P. 15 - 28.
DOI: 10.25136/2409-7802.2021.2.34030
URL: https://en.e-notabene.ru/flc/article_34030.html
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Abstract: This article is dedicated to assessment of the experience of regulation of crowdfunding market in China, as well as its applicability and adaptation in Russia. The key goal consists in conducting a comparative analysis of the approaches towards regulation of crowdfunding in China and Russia. The relevance is define by enactment of the law of August 2, 2019. N.259-FZ “On Attraction of Investments via Investment Platforms and On Introducing Amendments to Separate Legislative Acts of the Russian Federation”. The research is based on the international and Russian statistical data, conceptual reports of the International Organization of Securities Commissions (IOSCO), Cambridge Center for Alternative Finance, and the Bank of Russia. The conclusion is made that it is China that China holds the leading position in the world crowdfunding market. Most widespread in China is Peer-to-peer (P2P) lending via digital platforms. The absence of special regulation led to an investment boom that lasted until 2017, followed by the bankruptcy of a multiple platforms and projects. Strengthening of the state control entailed reduction in alternative financing. The authors formulate recommendations for improving the regulatory approaches towards crowdfunding. The use of RegTech and SupTech technologies is considered as promising direction.
Chudinovskikh M.V. —
Corporation Tax Deductions for Investment-Related Expenses
// Taxes and Taxation. – 2019. – ¹ 2.
– P. 41 - 48.
DOI: 10.7256/2454-065X.2019.2.28772
URL: https://en.e-notabene.ru/ttmag/article_28772.html
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Abstract: The article is devoted to the analysis of the procedure of granting and using profit tax deductions for investment-related expenses. The aim of the research is to systematize current standards of the federal law and legislation of the Russian Federation constituents that grant tax deductions for investment-related expenses. At the first stage of research Chudinovskikh analyzed the provisions of the Tax Code of the Russian Federation that give investment deductions for income and profit tax. The researcher suggests to use the term 'corporation tax deduction for investment-related expenses' and defines the highest possible economic effect of taxpayer privilege. At the second stage of research the author of the article carried out a comparative analysis of the regional laws and regulations that set forth the procedure of using corporation tax deduction for investment-related expenses. At the third stage of research the author defines advantages and risks that relate to the adoption of corporation tax deduction laws and regulations. In the course of the research the author has applied general research methods such as analysis and synthesis as well as special research methods such as formal law and comprative law methods. The information base of the research is the provisions of the Tax Code of the Russian Federation and laws of the Russian Federation constituents. The procedure for granting corporation tax deductions for investment-related expenses depends on regional specifics too much. As a conclusion, the author emphasizes the need to introduce corporation tax deductions for investment-related expenses in all constituents of the Russian Federation. This would allow to encourage investment activity.
Chudinovskikh M.V. —
Law Approaches to Defining the Taxation Principles of the Eurasian Economic Union
// Taxes and Taxation. – 2018. – ¹ 9.
– P. 14 - 21.
DOI: 10.7256/2454-065X.2018.9.26940
URL: https://en.e-notabene.ru/ttmag/article_26940.html
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Abstract: The subject of the research is the taxation principles fixed in the legal legislation of the Eurasian Economic Union states. The aim of the research is to give recommendations on how to improve the legislative recognition of the taxation principles in the Tax Code of the Russian Federation based on the comparative anlaysis of the experience of the Eurasian Economic Union states. In this article Chudinovskykh presents conversion tables that allow to classify taxation principles. Special attention is paid to Armenia's legislation because it differs from other countries of the Eurasian Economic Union to the greatest extend. The author has applied general research methods such as analysis and synthesis and special research methods of law such as formal law and comparative law. The information base of the research includes legislative acts and ratings of the Doing Business Taxation Bank. Based on the results of the research, the author describes three approaches to the legal enforcement of taxation principles: descriptive (the Russian Federation and the Republic of Belarus), formal definite approach (in the Republic of Kazakhstan and the Kyrgyz Republic), and extensive that enforces both legal and economic principles (in the Republic of Armenia). The scientific novelty of the research is caused by the fact that the author gives recommendations on how to enforce and apply the principles of legitimacy, necessity, universality, equality, certainty, justice, presumption of taxpayer good faith, unity, publicity, responsibility, and efficiency in the law of the Russian Federation.
Chudinovskikh M.V. —
Legal Regulation of Islamic Banks' Activity in the States of Eurasian Economic Union
// Financial Law and Management. – 2018. – ¹ 4.
– P. 22 - 30.
DOI: 10.7256/2454-0765.2018.4.30392
URL: https://en.e-notabene.ru/flmag/article_30392.html
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Abstract: The object of the research is the activity of Islamic banks within the territory of Eurasian Economic Union. The subject of the research is the provisions of the banking law that fix the basis for financial activity taking into account the Islamic principles. The informational background of the research includes provisions of the banking law of the EEU states and statistical data of the International Monetary Fund. The researcher focuses on the experience of the Republic of Kazakhstan which legal basis creates suffician conditions for Islamic banking activity. The author of the article also provides the results of his analysis of the legal peculiarities of investment deposit and Islamic mortgage contracts. In the course of the research the author has applied general research methods of analysis and synthesis as well as special methods of law science such as formal law and comparative law methods. Based on the results of the research, the author concludes that the demand for Islamic banking service depends on the size of Islamic population. The Republic of Kazakhstan holds the leading position with regard to the level of the legal base development. Concerning the Russian Federation, the researcher proves the need in carrying out a legal experiment and creating Islamic banks in the RF constituents with a high degree of Muslim population.
Chudinovskikh M.V. —
Investor Rights Protection System in Eurasian Economic Union: Comparative Law Analysis
// Financial Law and Management. – 2017. – ¹ 4.
– P. 48 - 55.
DOI: 10.7256/2454-0765.2017.4.23967
URL: https://en.e-notabene.ru/flmag/article_23967.html
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Abstract: The article is devoted to the analysis of the current investor rights protection system in the Eurasian Economic Union countries. The rationale of the research is caused by the need to improve legal mechanisms that ensure the stability of banking systems. The subject of the research is the laws and regulations of the Russian Federation, Republic of Belarus, Republic of Kazakhstan, Republic of Armenia and Kyrgyz Republic. The author of the article analyzes the legal status of deposit insurance participants, grounds for compensation payment, and compares the amount of insurance compensation to the rate of national currency and gives evaluation of whether there are sufficient funds for paying compensation. The comparative law method used by the author allowed to define the general and specific in the legal regulation of the deposit insurance system in the Eurasian Economic Union countries. The novelty of the research is caused by the fact that the author summarizes new laws as of July 1, 2017 and provides recommendations on how to develop them further. The author also proves the need to unify the amount of compensation and to speed up the payment procedure. In terms of the state law, the author suggests to introduce certain amendments to the law which would prevent abuse of parties that have the insider information.