Financial control and audit
Reference:
Panenkov, A.A.
Development directions for fighting terrorism
and its financing (results of the studies).
// Financial Law and Management.
2013. ¹ 1.
P. 4-15.
URL: https://en.nbpublish.com/library_read_article.php?id=63264
Abstract:
When fighting organized crime, including
terrorism, the main goal is to fight its internal and
external financing. In this article the author points
out the weakest links in the sphere of fighting
terrorism financing, and he offers the possible
solutions for the problem.
Keywords:
jurisprudence, fighting terrorism financing, changes in legislation needed, defects of the Federal Service for Financial Monitoring, the Ministry of Internal Affairs, high level of latency of terrorism financing, lack of judicial and investigative practice, investigator polling, coordination defects, interaction defects, subjects of the operative investigation activities.
Financial control and audit
Reference:
Solovova, E.V.
Issue of state and municipal securities as means
to attract loaned funds in the USA.
// Financial Law and Management.
2013. ¹ 1.
P. 16-23.
URL: https://en.nbpublish.com/library_read_article.php?id=63265
Abstract:
This article contains analysis of some
types of state and municipal securities issued in
the USA in order to finance the budget deficit and
certain economic and social programs. The USA
has one of the strongest economies in the world,
and it also holds a first place in the world on the
amount of loans, which are not now beyond 16
USD Trillion. The most of the public debt in the
USA is formed by securities issued by state and municipal bodies, municipal debts including debts
of all government bodies except federal ones. The
analysis of some types of financial instruments as
issued by the federal government, the states, municipalities
and non-governmental organizations is
of special value within the context of analysis of the
public credit institution, since in the USA issuing
of securities by the government bodies or other
empowered subjects is a dominating form of public
loan. It is necessary to point out that the evaluation
of key parameters and characteristic features of
this type of financial instruments allows to hold a
detailed study of public loans in the USA, and it
may also serve as a basis for the further analysis
of Russian theory and practice of use of state and
municipal securities as a mechanism of loans by
the government bodies of various levels.
Keywords:
state securities, municipal securities, budget deficit, state debt, municipal debt, issue of securities, debenture bonds, promissory notes, guarantees, financial instrument.
General issues of financial law
Reference:
Ershova, I.V.
Accounting in the condition of the membership
of the Russian Federation in the WTO and in
the Customs Union.
// Financial Law and Management.
2013. ¹ 1.
P. 24-35.
URL: https://en.nbpublish.com/library_read_article.php?id=63266
Abstract:
The article contains analysis of the basic
accounting regulation in the conditions of economic
integration. Based upon the analysis of the
treaties within the frameworks of the WTO and the Customs Union, the author draws a conclusion
that development of legal regulation in the
sphere of accounting is based upon the principle
of harmonization. It is shown that the general
domestic principles of accounting should apply
to the accounting issues for the WTO an the
Customs Union Member States. The author offers
to amend to the Federal Law On Accounting with
the definition of general principles of accounting
including systemic provisions on these principles
in a special chapter of this Law. Attention is paid
to the revival of the term “economic subject”
and economic and legal character of the accounting
objects. The author points out the tendency
for the standardization of state regulation in the
economic and legal spheres of accounting. The
article presents a system of non-state regulation
of accounting, and it contains a conclusion on
the need for self-regulation in this sphere. Based
upon the analysis of the legislation of the Customs
Union Member States (the Russian Federation, the
Republic of Kazakhstan, the Republic of Belarus)
the author makes a conclusion that the accounting
rules are generally harmonized, and they allow for
activities within the integration framework. The
author expresses an opinion that the trans-border
character of the accounting presupposes the need
to form unified requirements to the accounting
profession and formation of an attestation system.
Keywords:
accounting, the Customs Union, the World Trade Organization, accounting, international standards, economic subjects, auditing, the accounting registers, consolidated accounting reporting, chief accountant.
On the finances of institutions and organizations
Reference:
Denga, S.N.
Improvement of assets side of the balance sheets
of the Ukrainian enterprise.
// Financial Law and Management.
2013. ¹ 1.
P. 36-50.
URL: https://en.nbpublish.com/library_read_article.php?id=63267
Abstract:
Accounting generally does not view an
enterprise as a capital investment object. This position
is at the crossing point of several economic disciplines (investment and corporate management,
accounting), and it also allows for application of
legal concept creating misunderstandings among
accountants, lawyers and investors, since they are
“speaking different languages”. This study allows
to bring into accord legislative, accounting and
financial terms, to improve the balance structure
using alternative accounting approaches and allowing
to bring accounting reporting closer to
the information guarantees of enterprise investors
interests and to make their legal protection easier.
The article includes proposals for the improvement
of the assets side of the balance sheets of
the Ukrainian enterprises. The author provides
proof that the assets side of balance sheets of the
enterprises is not systemic, and various classification
criteria are being mixed together. In order to
bring legal and accounting approaches into accord,
it is necessary to exclude ‘gaining corporate
rights” from the definition of financial investment
(on P(S)BU 12, and regard investments into corporate
rights as capital contributions in different
data storage systems. It is necessary to single out
self-investments into other data storage systems
in accounting and calculating assets. It is also
reasonable to single out non-material resources.
The titles of the divisions of the assets side should
be renamed in accordance with the applicable classification
criteria for the elements of assets.
Keywords:
property, assets, resources, means, savings, corporate rights, financial instruments, capital investments, material objects.
Management of public finances
Reference:
Morozova, O.S., Gracheva, E.Y.
Financial and legal regulation of inter-budgetary
relations in the Federal Republic of Germany.
// Financial Law and Management.
2013. ¹ 1.
P. 51-55.
URL: https://en.nbpublish.com/library_read_article.php?id=63268
Abstract:
This article is devoted to the topical issues
of financial and legal regulation of inter-budgetary
relations in the Federal Republic of Germany. The
article includes analysis of the financial levelingoff
as one of the central institutions in the budget
law of the FRG. Special attention is paid to vertical and horizontal mechanisms of financial
leveling-off among the budget potentials of the
federal lands. Financial leveling-off is understood
as distribution of authority, income and spending
among the various levels of government in a state.
Financial leveling-off is a complicated multi-stage
process, and each of its stages has its own specific
features. The article contains a conclusion on the
need to combine horizontal and vertical mechanisms
for the financial leveling-off. The final goal
of the financial leveling-off is to provide all the
budget system levels with the due amount of finances
needed to implement their goals, and it may
be achieved thanks to the multi-stage character of
financial leveling-off. The authors also pay attention
to the detailed normative legal regulation of
financial leveling-off in the Federal Republic of
Germany, including the level of the Basic Law of
the FRG.
Keywords:
budget law, financial leveling-off, horizontal financial leveling-off, vertical financial leveling-off, VAT, distribution of tax income, interbudgetary relations, inter-budgetary transfers, the Basic Law of the Federal Republic of Germany, budget.
Management of public finances
Reference:
Boltinova, O.V.
On the issue of improvement of the budget
legislation of the Russian Federation.
// Financial Law and Management.
2013. ¹ 1.
P. 56-63.
URL: https://en.nbpublish.com/library_read_article.php?id=63269
Abstract:
The article contains analysis of the issues
regarding the further improvement of the budget
relations. In spite of the amendments and additions
into the Budget Code of the Russian Federation,
a number of terms, including budget, budget
process, stages of budget process, inter-budgetary
transfers, etc. need to be clarified and amended.
The article contains analysis of the norms of the
Budget Code of the Russian Federation, and the
norms on budget income in particular. The author
evaluates the issue of the importance of regulating
budget incomes in addition to “fixed” allocated
incomes of the various levels of budgets within
the Russian budget system. Regulating incomes are quite important in the conditions of instability
of economic development in a particular state
and financial crises. The article includes analysis
of the norms on the formation of various funds
within the expenditure budget, namely the Reserve
Fund of the President, reserve funds of executive
bodies, municipal bodies, etc. An important role
is provided for the procedural norms of the budget
law, especially the stages of consideration and
approval of the federal budget.
Keywords:
budget, budget process, budget policy, budget income, regulating income, tax income, budgeting, stages, zero reading, procedure.
Management of public finances
Reference:
Chernobrovkina, E.B.
Legal regulation of the cash execution of the budget.
// Financial Law and Management.
2013. ¹ 1.
P. 64-71.
URL: https://en.nbpublish.com/library_read_article.php?id=63270
Abstract:
A dministration o f t he b udget i s a
complicated multi-stage procedure. We currently
may find that all of the information and activities
are concentrated at the Federal Treasury. It fully
reflects the nature of the current reform. The
cash execution of the federal budget is one of
the key spheres in the activities of the Federal
Treasury, and it is being changed constantly due to
development and introduction of the management
elements for the liquidity of the single federal
treasury account. The goal of this work is to
provide for more efficient and higher quality
budget funds management, which is aimed to
guarantee the unconditional performance of the
federal monetary obligations in time of their due
payment. T he c hoice o f c ash e xecution o f t he
budget has a number of positive features in the
sphere of budget process organization. First of
all, since the individual accounts are situated at
the Federal Treasury bodies, and the recipients of
funds interact directly with the treasury bodies, the
needed period of time for the performance under
the payment documents for budget obligations is
shortened. Secondly, the periods of time for receipt
of the information on the operations in the personal
accounts of recipients of funds are also shortened,
which allows for a more operative decision-making competence of financial (duly empowered) bodies
in the sphere of financing certain budget spending
while being free from the technical functions
in the sphere of opening and management of
accounts facilitates budget independency and
improves efficiency of budget funds management.
The option of cash execution of the budget with
the personal accounts being opened by the key
spending units, spending units and recipients of
funds and due provision of information on budget
obligations and financing limitations guarantee
most efficient management on a condition that the
system of electronic document flow is used to its
maximum. One of the key functions of the Federal
Treasury bodies is calculation of the incomes into
the budget system and spread of these incomes
among the various budget system levels.
Keywords:
cash execution of the budget, the Federal Treasury, principle of common pull of funds, liquidity of a single account, budget system, budget process, banking implementation system, treasury system, the single budget account system, cash receipts.
Foreign exchange market, currency and banking
Reference:
Arzumanova, L.L.
Financial policy of a state: definition
and key elements.
// Financial Law and Management.
2013. ¹ 1.
P. 72-78.
URL: https://en.nbpublish.com/library_read_article.php?id=63271
Abstract:
The article provides for the various points
of view on the term “financial policy”. The author
provides her own definition of this term, and she
singles out a number of types of financial policy.
Among the main goals of the credit and financial
policy she recognizes the support of the national
currency rate in comparison with the globally
leading currencies. The credit and financial policy
may be divided into monetary policy (the policy in
the sphere of monetary turnover) and credit policy.
It follows, that credit and financial policy also
includes currency element. The currency policy should be regarded as an important element of
credit and financial policy. Therefore, the currency
policy is a part of financial policy of a state, which
is aimed to support the currency and financial
position of the state, its paying and credit capacity,
formation of the sound national currency and
stabilization of the domestic market, development
and support of international economic cooperation,
guarantees of flow of currency from abroad within
the framework of the foreign economic turnover,
stopping the capital flight, etc.
Keywords:
financial policy, monetary and credit policy, currency policy, state policy, definition of the state policy, the Bank of Russia, types of financial policy, definition of policy, state policy, policy in the sphere of finances.
Foreign exchange market, currency and banking
Reference:
Sitnik, A.A.
Currency regulation in the Russian Federation:
the modern history and the further directions
for the improvement of the currency legislation.
// Financial Law and Management.
2013. ¹ 1.
P. 79-87.
URL: https://en.nbpublish.com/library_read_article.php?id=63272
Abstract:
The object of the study includes financial
legal norms regulating the social relations in the
sphere of currency operation processes, including
the norms, which are currently not in force. The
goal of the article is to use the historic method in
order to study the process of liberalization of the
currency regime in the Russian Federation since
1990s to the modern time, and to develop the key
directions for the improvement of the modern
currency legislation. The methodological basis
for the study was formed by the general scientific
method of dialectic cognition, historical method, as
well as the methods of analysis, synthesis, induction,
deduction, etc. The results of the study allow to
single out the key directions for the liberalization
of the currency legislation of the Russian Federation
for the last 25 years, and to develop the concept for
the further improvement in the sphere of currency
operation. The results of the study may be used by
the legislative bodies in order to further improve the
currency legislation, as well as for teaching financial
law and related specialized studies.
Keywords:
currency regulation, currency liberalization, currency control, currency, currency valuables, currency legislation, currency control bodies, currency control agents, currency operations, currency limitations.
Matters of national insurance
Reference:
Bartashevich, S.V.
The issues of legal regulation of payments
exempt from insurance payments to state nonbudgetary
funds.
// Financial Law and Management.
2013. ¹ 1.
P. 88-104.
URL: https://en.nbpublish.com/library_read_article.php?id=63273
Abstract:
When the Unified Social Tax was
abolished, the issues regarding economy in the
sums of payment to the state non-budgetary funds
as insurance fees became a foremost important
element for the optimization of the fiscal burden
for the economic entities. Establishing the amount
of insurance objects and formation of the basis
for the calculation of the fees cause a number of
difficulties to taxpayers, and the prerequisites to
these difficulties are being studied in this article.
The author points out the shortcomings of the
legal techniques used in the relevant legal norms,
regulating the legal relations arising from the
obligations towards the state non-budgetary funds
and the practice of their interpretation by the lawenforcement
bodies, provides legal analysis of
exemptions from payment of insurance fees for
physical persons, discusses some ways to overcome
the existing problems arising out of non-inclusion
of certain types of payments into the taxable
amount. The author also makes propositions on the
improvement of the exemption mechanisms in the current social insurance legislation.
Keywords:
insurance fees, state non-budgetary fund, object of insurance, salary, compensation, exemption, optimization, labor relations, relief, law.
Legal regulation of taxation
Reference:
Moshkova, D.M.
On tax regulation of innovative activities in the
Russian Federation.
// Financial Law and Management.
2013. ¹ 1.
P. 105-110.
URL: https://en.nbpublish.com/library_read_article.php?id=63274
Abstract:
The article is devoted to the problem of
tax regulation of the innovative activities in the
conditions of the innovative development of the
Russian Federation and the innovation policy of
the state. The article contains analysis of a number
of normative legal acts, documents and programs,
defining the terms “innovation” and ‘innovation
activity” for the taxation purposes, since the Tax
Code of the Russian Federation fails to provide
details on these terms. The author studies specific
features of taxation for the innovative activities
subjects. Additionally, the author discusses the tax
relief mechanisms for them, methods of tax stimulation
in this sphere (tax exemption for the VAT,
investment tax credit, etc.). The author points out
contradictions and shortcomings in the current taxrelated
legislation regulating innovative activities,
their taxation and tax benefits. Additionally, the
author formulates the propositions for improving
the legislation in this sphere.
Keywords:
innovations, innovative, regulation, taxation, stimulation, exemption, Research and Advanced Development, tax, legal, tax.