Financial control and audit
Reference:
Gracheva, E.Y.
Key budget control development tendencies
in the Russian Federation
// Financial Law and Management.
2013. ¹ 2.
P. 4-38.
URL: https://en.nbpublish.com/library_read_article.php?id=63322
Abstract:
the article concerns the key directions of budget control development in the Russian
Federation. The author evaluates the specific features of budget control formation via the
excursus to the history of law. The author singles out the following stages of budget control
formation: 1) XVII- to XIX centuries; 2) the verge of XIX — XX centuries; 3) the Soviet period;
4) post-Soviet period. The use of historical method allows to single out the key tendencies of
formation, functioning and development of financial control. The author singles out two groups
of propositions for the amendments to the norms of the Budget Code of the Russian Federation,
which is elimination of “editorial” defects on one hand, and cardinal changes in some norms
on the other hand. It is offered to provide for the fundamentals of the legal regulation of control
and accounts bodies of the constituent subjects of the Russian Federation within the framework of the Budget Code of the Russian Federation. The author mentions various forms of budget
control, then she comes to a conclusion that it is necessary to provide for them legislatively.
Finally, the author proposes to pass the law on financial control, which would regulate the
relations in this sphere.
Keywords:
budget control, financial control, budget law, forms of budget control, history of financial control, Accounting Chamber, control and accounts bodies, goals of financial control, tax inspection, revision.
Financial control and audit
Reference:
Boltinova, O.V.
On the issue of state financial control
in the Russian federation
// Financial Law and Management.
2013. ¹ 2.
P. 39-45.
URL: https://en.nbpublish.com/library_read_article.php?id=63323
Abstract:
the article concerns state control as a most important type of financial control. The author
analyzes the principles of financial control implementation with due respect to international standards.
The article includes analysis of the latest amendments to the Budget Code of the Russian Federation
on the issues of legal regulation of state (municipal) financial control. It is established that state
control is not a stage within a process. It is a necessary element of all of the budget process stages in
the Russian Federation. The author points out that the Auditing Chamber of the Russian Federation
becomes more important in the light of modern integration of the Russian Federation into the global
economic community, its membership in the WTO, the EurAsEC, and the Customs Union. The external
state financial control allows to evaluate the objective character of the information of implementation of
budget provided by the executive branch of government. It also allows to forecast the macro-economic
parameters of social and economic development of the state, and realistic character of budget project
for the upcoming year, implementation of state projects and programs.
Keywords:
budget, state spending, external control, state control, financial control, standards, principles, stages, budget process, budget funds.
Financial control and audit
Reference:
Nogina, O.A.
External and internal financial control
of formation, distribution and use of budget funds of state non-budgetary funds
// Financial Law and Management.
2013. ¹ 2.
P. 46-59.
URL: https://en.nbpublish.com/library_read_article.php?id=63324
Abstract:
this article concerns budget control over state non-budget funds. The author describes the
category of the financial control system. She analyzes legal and economic sciences in order to single
out various points of view on financial control. The author provides financial control classification,
including budgetary, tax, foreign currency, banking, and customs control. From the point of subjective
element, there are internal and external types of budget control. Much attention is paid to internal
financial control over state non-budgetary funds. The author analyzes funds control over due payment
of insurance fees, and she makes a conclusion that this type of control has all the necessary elements
of legal control mechanism, and it may be recognized as a type of financial control, performed by state
no-budgetary funds.
Keywords:
budget control, state non-budget funds, external control, internal control, financial control, legal control mechanisms, types of financial control, Pension Fund, Social Security Fund, Compulsory Health Insurance Fund.
Financial control and audit
Reference:
Levitskiy, A.V.
Financial control in Russia
in the conditions of joining the WTO
// Financial Law and Management.
2013. ¹ 2.
P. 60-67.
URL: https://en.nbpublish.com/library_read_article.php?id=63325
Abstract:
this article concerns the key influence vectors of the WTO law on the domestic legal system of
the Russian Federation as a whole, and financial control system in particular. The author provides a
substantiated conclusion on the changes in the object of financial law due to the formation of financial
relations with a foreign element. The author analyzes the dynamics of the financial law method, which
are due to advancement of the application of coordination and accommodation, being typical for
international law. The author describes the system of financial control bodies, and financial control
objects. He characterizes the system of financial control bodies, as prescribed by the WTO legal norms,
as well as its correlation with the national system of subjects and objects of financial control. The author
provides characteristics of the financial control methods used by international financial bodies. The article
contains conclusions on the need to broaden the sphere of application of financial control standards, being
developed by international organizations. The author also formulates the propositions for the amendments
in the current Russian legislation on the procedures of financial control, taking into account the WTO
requirements and standards.
Keywords:
integration, modernization, the World Trade Organization, globalization, financial control standards, control subjects, financial control, analysis, subsidies, treaties.
General issues of financial law
Reference:
Khimicheva, N.I.
Principles of modern russian financial law
as fundamental bases
of budget law regulation
// Financial Law and Management.
2013. ¹ 2.
P. 68-76.
URL: https://en.nbpublish.com/library_read_article.php?id=63326
Abstract:
this article concerns the principles of Russian financial law. The author shows their interrelation
and their value within the framework of budget law regulation. One may single out the following
fundamentals of the branch of financial law: 1) public interests priority; 2) social directionality of
financial legal regulation; 3) federalism; 4) unity of financial policy and currency system; 5) equality
of the constituent subjects of the Russian Federation; 6) independency of the financial activities of the
municipal bodies; 7) separation of legislative (representative) and executive branches of government;
8) participation of the citizens of the Russian Federation in the financial activities of the state and
municipal bodies; 9) publicity; 10) planned character; 11) lawfulness; 12) economic stimulation. Much
attention is paid to the new principle of “economic stimulation”, which was not properly discussed in the scholarly writings before. The author bases her studies upon the Russian legislation and scientific
works of the legal scholars in the sphere of financial law. She offers to amend the federal legislation in
order to include provisions on these fundamentals.
Keywords:
principles of financial law, fundamentals, budget law regulation, separation of powers principle, equality principle, federalism principles; openness principle; planning principle; lawfulness principle; economic stimul
General issues of financial law
Reference:
Lukashev, A.A.
Sub-disiplinary nature
of financial legal norms on budget relations
// Financial Law and Management.
2013. ¹ 2.
P. 77-101.
URL: https://en.nbpublish.com/library_read_article.php?id=63327
Abstract:
the article concerns budget law norms. The author distinguishes financial legal norms
and financial legislation, based upon the criteria such as primary element, volume, correlation.
The author discusses views of various scholars regarding the structure of financial law system,
its branches and sub-branches, using uniformity as a distinguishing criterion. The complex
legal institutions are divided into the interdisciplinary functional complex institutions, and
interdisciplinary bordering institutes. In the opinion of the author, one may prove complex character
of law or legal institutions by uniting objects of its regulation and influencing these objects by
united methods. The complex character is divided by the author into the complex character at the
verge of financial legal institutions or sub-disciplines, and the complex character of legislation,
which may be found when comparing the institutions or sub-branches of norms of law (at the verge
of elements of financial legislation or at the verge of legislation in various disciplines). Finally, the
author draws a conclusion that the financial law includes two sub-branches: budget law and tax law.
Keywords:
sub-branch of tax law, sub-branch of budget law, complex character of legislation, complex character of a branch; inter-disciplinary institution, institution of financial law, subbranch of financial law, budget law, tax law, structure of financial law.
General issues of financial law
Reference:
Razgildieva, M.B.
Theoretical problems
of budget law responsibility
// Financial Law and Management.
2013. ¹ 2.
P. 102-118.
URL: https://en.nbpublish.com/library_read_article.php?id=63328
Abstract:
this article is devoted to the problems of budget law responsibility. The author singles out the
following problems: current overbroad interpretation of budget responsibility, formation of theoretical
construction without the bases formally provided by law and an unsolved problem of the need for
budget law responsibility. The author makes a conclusion that the legislator abandoned the model for
the formation of consequences of unlawful behavior in budget sphere not only within the framework
of legal responsibility construction, but also due to lack of legal regulation concept in this sphere.
The author points out that currently there are no grounds for singling out the institution of budget law
responsibility within the system of budget law enforcement, however, she raises the issue of such an
institution possibly appearing. There are various contradictions between budget and administrative
legislation in the sphere of budget law responsibility, and the author offers to eliminate them.
Keywords:
budget law responsibility, budget law coercion, budget offence, financial control, budget law relations, administrative responsibility, legal responsibility, budget code, budget legislation, the Administrative Offences Code of the Russian Federation.
On the finances of institutions and organizations
Reference:
Sokolova, E.D.
Legal regulation of budget activities
of state and municipal units
(theory and law-making)
// Financial Law and Management.
2013. ¹ 2.
P. 119-135.
URL: https://en.nbpublish.com/library_read_article.php?id=63329
Abstract:
This article concerns budget activities of state and municipal units. Budget activities are
established within the framework of financial policy of a state. The Addresses of the President of the
Russian Federation to the Federal Assembly of the Russian Federation are of special value to this
type of financial activity. Budget activities of state and municipal units are usually implemented in
legal forms. In addition to budget activities, the article concerns with the sub-discipline “budget
law”. The author establishes the main categories of budget law, the definition of budget for legal
and economic categories. In this article the author analyzes budget structure and system of the
Russian Federation. She discusses the problems regarding legal regulation of budget activities, such as formation of state budget revenues and expenditures, guarantees of factual independence
of budgets, and equality of budget rights. Thanks to budget activities the financial resources of
the state are formed.
Keywords:
financial activity, budget activity, budget law, the Addresses of the President, budget, budgetary structure, budget system, non-budget funds, budget federalism, budget revenue.
On the history of financial law
Reference:
Bylya, A.B.
Taxation history and views
of A. Smith and d.ricardo on taxes
// Financial Law and Management.
2013. ¹ 2.
P. 136-141.
URL: https://en.nbpublish.com/library_read_article.php?id=63330
Abstract:
This article is devoted to the issues of evolution of taxation in different states (China,
Greece, Rome), taxation in Russia, teaching of A. Smith and D. Ricardo on taxes. The author also
points out some legal aspects of taxation regulation, as well as some sources of legal regulation
(Russkaia Pravda). Historically, the first taxes appear in the ancient world. The taxes were levied
for the needs of development of the first states, taxes being one of important elements of state,
financial guarantees for the government, ability to control the population. Firstly, the taxes were
regarded as sacrifice based on various customs and traditions of different peoples and nations.
Later taxes gain more and more importance with the development of state, and the needs to fulfill
the requirements of the state apparatus. Later various taxes appear, such as tithe, chiefry, etc. The
article shall be of interest to the students, postgraduate students, lecturers and all those interested
in taxation issues.
Keywords:
taxation, liturgy, chiefry, servage, tithe, tax, levies, contribution, the Russkaia Pravda, government.
Legal regulation of taxation
Reference:
Ivlieva, M.F.
On tax expenditure refunds
// Financial Law and Management.
2013. ¹ 2.
P. 142-149.
URL: https://en.nbpublish.com/library_read_article.php?id=63331
Abstract:
this article is devoted to the problem of monetary funds formation, existing in parallel with
the public financial system. The article includes analysis of the Ruling of the Supreme Arbitration
Court of the Russian Federation N. 14278/08. The Ruling provides that the all of the travelling costs
necessary to arrive at the place of judicial hearing shall be charged from the taxpayer, who has lost
the case in favor of a tax body. The said costs are related to performance of obligations of a state body.
The author of this article offers to regard these payments as income from paid services provided by
budgetary institutions. The author evaluates the opinions of various legal professionals, including the
Ret. Chairperson of the Arbitration Court of Moscow A. K. Bolshova, Judge of the Constitutional Court
of the Russian Federation Kononov. A. L. Finally, the author points out that the problems of application
of budget legislation are addressed by the Supreme Arbitration Court of the Russian Federation more
and more often.
Keywords:
budget expenditures, tax bodies, compensation of spending, budget, finances, Supreme Arbitration Court, Constitutional Court of the Russian Federation, budget legislation, procedural legislation, public functions.