Fedoseeva K. —
Legal aspects of implementation of competition in the sphere of rendering public (municipal) services
// Finance and Management. – 2021. – ¹ 1.
– P. 1 - 11.
DOI: 10.25136/2409-7802.2021.1.34783
URL: https://en.e-notabene.ru/flc/article_34783.html
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Abstract: The subject of this research is the practice of application of antimonopoly legislation of the Russian Federation to budgetary (autonomous) institutions, including in the context of restricting the established by the Section 3 of the Article 15 of the Federal Law No.135-FZ of July 26, 2006 “On Protection of Competition". The goal consists in identification and analysis of possible legal issues emerging due to the dual nature of the status of such institutions, substantiated by the conducted reform for increasing their economic independence. The article provides a scientific assessment of legal consequences of recognition of the budgetary (autonomous) institutions as economic entities for the purpose of application of antimonopoly legislation, taking into account the existing ban on combining functions of government branches and functions of economic entities, as well as authorizing the economic entities for the functions and rights of these branches, including state control and supervision bodies. Content of the concept of “function of the government branch” is reviewed. The author’s special contribution consists in evaluation of the situation, in which in the monopolized by public entity spheres related to the exercise of powers, are established budgetary (autonomous) institutions that charge for rendering services required and essential for provision of state (municipal) services. The article views the mechanism of social procurement as market-oriented, a competitive way of rendering services using budget funds by both governmental and nongovernmental organizations. The novelty of this work lies in conclusion on the need to consider the principle of fair competition in case if the public legal entity decides to forgo the implementation of a new competitive method for selection of executants established by the law on social procurement, and use the traditional scheme of approval of the state (municipal) assignment.
Fedoseeva K. —
On the issue of imposing restrictions on budgetary (autonomous) institutions that carry out purchases in order to fulfill state (municipal) tasks
// Finance and Management. – 2020. – ¹ 4.
– P. 14 - 23.
DOI: 10.25136/2409-7802.2020.4.34612
URL: https://en.e-notabene.ru/flc/article_34612.html
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Abstract: The subject of the research in this article is the restrictions provided for by the draft law submitted to the State Duma of the Russian Federation in relation to budgetary (autonomous) institutions engaged in procurement for the purpose of fulfilling state (municipal) tasks. The purpose of the study is to analyze these restrictions in the context of the reform carried out in relation to budgetary (autonomous) institutions aimed at increasing their economic independence. The article makes a scientific assessment of the legal possibilities of attracting co-executors for state and non-state organizations in the process of rendering state (municipal) services in connection with the adoption of Federal Law No. 189-FZ of July 13, 2020 "On State (Municipal) social order for the provision of state (municipal) services in the social sphere". The issue of the organization of law enforcement in the studied area, namely the use of the budget classification tool of the Russian Federation and other methods of identification of purchases, is considered. The author used such methods as comparison, generalization, system analysis, modeling and deduction. Â A special contribution of the author to the study of this topic is the formulation of general criteria that would enable institutions to attract performers (contractors) to perform works (provide services) in order to fulfill a state (municipal) task if the draft law under consideration is adopted. The main conclusion of this study is the need to bring to uniformity the regulatory regulation of the right to conduct procurement for the provision of public (municipal) services by both public and private organizations. This is due to the introduction of budgetary (autonomous) institutions into the competitive market along with other non-governmental organizations and giving them a certain economic freedom as a result of the initiated reform.
Fedoseeva K. —
Concerning Some Legal Aspects of Guaranteeing Transperancy and Availability of Information about State (Municipal) Agency Activities
// NB: Administrative Law and Administration Practice. – 2018. – ¹ 1.
– P. 1 - 9.
DOI: 10.7256/2306-9945.2018.1.26086
URL: https://en.e-notabene.ru/al/article_26086.html
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Abstract: The subject of this research is the requirement of transperancy and availability of informatin about state (municipal) agencies as this is the quality criterion of state and municipal services in the field of legal regulation. This is a topical issue due to the fact that at the present time legislators search for quality criteria to evaluate the service of state (municipal) agencies while granting them certain guarantees of financial independence. In her article Fedoseeva carries out an analysis of this requirement in various spheres of the Russian Federation legislation regulating activity of such agencies. The author also analyzes how this requirement is used for independent evaluation of service quality. In her research Fedoseeva has ussed such methods as comparison, generalisation, systems analysis, deduction and induction. She makes a conclusion that the content of the requirement for information transperancy and availability is an interdisciplinary issue because of the public nature of such agencies and their activities. Thus, fulfilment of this requirement should be used as an indicator of the service quality and influnece the process of evaluating efficient bugetary funds spending by the institutor. At the same time, the institution of independent evaluation of service quality may be used as an efficient instrument of monitoring the quality of financial management in the sphere of the budget.
Fedoseeva K. —
Regarding Financial Responsibility of the Founding Shareholder Under Commitment of a Budgeting (Authority) Establishments Before Third Parties
// NB: Administrative Law and Administration Practice. – 2017. – ¹ 6.
– P. 1 - 8.
DOI: 10.7256/2306-9945.2017.6.25958
URL: https://en.e-notabene.ru/al/article_25958.html
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Abstract: The subject of this research is the creditor liability of a budgeting (authority) establishment before third parties in a situation of insufficient funding from a founding shareholder. According to the author, such situations result in limitation of financial independence guarantees granted by the law to establishments when the latter perform their expenditure budgeting (in relation to the disposal of funds from income-generating activities). In her article Fedoseeva carries out a scientific assessment of debt redemption mechanisms when such situations occur. The author of the article also analyzes the development of the institution of subsidiary responsibility through the ages as well as related contemporary laws on budgeting (authority) establishments. In the course of the research the author uses such methods of research as comparison, generalisation, systems analysis, modelling, and deduction. The author's special contribution to the topic is that she emphasizes the need to extend the boundaries of the founding shareholder subsidiary responsibility providing that such responsibility is fixed in the mandatory manner at the legal level and there is a direct connection between a debt occuring and the fact of underfunding.