Áþäæåò è áþäæåòíîå ïðàâî
Reference:
Pokachalova, E.V.
Legal problems of public debt
in the conditions of deficit
and surplus state budget policy
// Financial Law and Management.
2014. ¹ 1.
P. 4-22.
URL: https://en.nbpublish.com/library_read_article.php?id=63615
Abstract:
The article contains analysis of state public debt issues. It is stated in the article that a balanced
budget depends upon three main parameters: a) key directions and instruments of current state policy in
the sphere of income and expenditures of the budget; b) the current stage of development of the economic
cycle in the economy of the states; c) on priorities and perspectives for the long-term income from taxes
and other obligatory payments into the state budget and the sums of other state income (including loans).
The author analyzes the Russian budget reform, pointing out irrational use of public debt monetary
funds, and numerous efficiency problems. The author provides analysis of various normative legal acts,
de-facto actions of the government in the sphere of budget law reform. The author also evaluates the
principle of balance within the contexts of Russian and foreign (the USA included) legislation, pointing
out the surplus problem in the Russian budget.
Keywords:
public debt, budget surplus, budget deficit, budget reforming, budget reform, budget balance, principles of the budget system, active deficit, passive deficit, state loan.
Áþäæåòíîå óñòðîéñòâî è áþäæåòíàÿ ñèñòåìà
Reference:
Voronova, L.K.
New legislation of Ukraine
on budget expenditures
as a third stage of the budget process
// Financial Law and Management.
2014. ¹ 1.
P. 23-44.
URL: https://en.nbpublish.com/library_read_article.php?id=63616
Abstract:
This article provides analysis of the renewed legislation of Ukraine on budget expenditures. The
author discusses the following financing principles: maximal effect at minimum expenditures, targeted
character of use of budget assignations; provision of budget funds according to compliance with the plan
an earlier provides assignations; non-refundable character of budget financing; free-of-charge budget
financing; following financial discipline and economy regime. These principles are applied to the budget
financing, however, provision of budget funds is based upon different principles. The author discusses
the correlation of the terms «public expenditures’ and «budget expenditures». Much attention is paid
to the Budget Code of the Russian federation, the Law on State Budget of Ukraine and other normative
legal acts, for which the author provides in-depth analysis. The article discusses various elements of
the Ukrainian budget law, and the author also provides comparisons with the foreign legislation.
Keywords:
financial law of Ukraine, budget law of Ukraine, Law on Budget, expenditures, income, financing, provision of funds, financing principles, budget, budget structure.
Áþäæåòíûé ïðîöåññ
Reference:
Sheveleva, N.A.
Development of the budget independency
principle within the budget system
of the Russian Federation
// Financial Law and Management.
2014. ¹ 1.
P. 45-53.
URL: https://en.nbpublish.com/library_read_article.php?id=63617
Abstract:
The article concerns the budget independency principle within the budget system of the Russian
Federation. This principle was primarily aimed at support of the federalism idea via the financial
mechanisms. The budget independency principle in the budget system of the Russian Federation should
be perceived through the prism of its opposition with the principle of unity (which the author discusses).
The article includes analysis of the judicial practice for 2005–2012, allowing the author to establish the
tendencies in its development. Special attention is paid by the author to the attitude of courts towards
the insufficient subventions amount from the federal budget to the budget of a constituent subject of the
Russian Federation. The article includes analysis of the legislation and modeling of various situations
concerning insufficient amount of subventions. This problem manifests itself in the following ways: 1)
insufficient amount of subventions in the federal budget; 2) incomplete transfer of subventions from the federal budget to the budget of the constituent subjects; 3) insufficiency of the fully received subventions
for the financing of the state competence.
Keywords:
independency principle, subventions, under-financing, competence of the state, constituents subjects of the Russian Federation, financial legal responsibility; judicial practice; necessary financial means, privileged categories of persons.
Ãîñóäàðñòâåííûå è ìóíèöèïàëüíûå ðàñõîäû
Reference:
Sitnik, A.A.
The higher legal education in Germany
in the conditions of transfer
to the Bologna system (an example
of the Potsdam University)
// Financial Law and Management.
2014. ¹ 1.
P. 54-65.
URL: https://en.nbpublish.com/library_read_article.php?id=63618
Abstract:
The Federal Republic of Germany is an active participant of the European integration,
which has influenced the most important social and cultural spheres of the social lives of the
European states. The education (including legal education) is not excluded from it, and it undergoes
significant changes due to the introduction of the Bologna system, providing for the two levels of
higher education (Bachelor’s and Master’s programs). At the same time the Bologna system faces
criticism, due to the changes in the education standards and lowering of the requirements to the
students. It is especially topical in respect to the German higher legal education system, which has
lasted for centuries. The study of the experience of the Federal Republic of Germany shows that
the government of this state has managed to find the way to combine the national «state exam» system with the Bologna system. The reception of the positive German experience is quite topical
and interesting for Russia, which previously somewhat unnecessarily departed from its legal
education system in favor of the two-level Bologna system. The study has also shown that many
principles and provisions of the Bologna system are incorrectly applied in Russia. While writing this
article the author based his studies upon the comparative method, the method of vivid cognition,
linguistic method, general logical methods (such as analysis, synthesis, deduction, induction, etc.).
The scientific novelty is due to the conclusions and criticism based upon the above-mentioned
comparative analysis, which are as follows: 1) It is undoubted, that the positive feature of the German
higher legal education model is parallel use of old and new systems, allowing to keep the best
elements of the State Exam system, while bringing in the positive elements of the Bologna system.
It allows the future lawyer to choose and makes the system of higher legal education in Germany
more flexible in comparison with the Russian system. Also, keeping the old system allowed to avoid
a number of problems, which Russia had to face when transferring to the Bologna system. 2) It
is necessary to fill the gaps in the Russian legislation by providing in the Federal Laws « On the
Status of Judges in the Russian Federation», «On Advocacy and Advocate Activities in the Russian
Federation», «On Auditing», etc. the provisions under which the only persons entitled to special
types of legal activities should be the persons having Master’s degrees (possibly, it is reasonable
to require that the judges should also have a scientific degree (PhD). 3) the system of points used
in the Bologna higher education system is not exactly about grades, rather it is an instrument for
planning the workload of students for certain periods of time. Evaluation of quality of students’
work is given from 1 to 5 points. 4. The study modules in Master’s and Bachelor’s programs are not
formed within a certain discipline (that is, not by grouping certain topics together), rather several
courses are joined within the modules. 5. In Germany it is the special group of correctors and not
the lecturers, who evaluate control works of students. 6. The Bologna system does not necessarily
require an obligatory enlargement of an amount of practical work, on the opposite, the lectures
remain the main element of teaching. 7. One of the obligatory conditions for successful completion
of the Bachelor’s Program is writing and presenting a Bachelor’s thesis, which is only 30–50 pages
long. 8. The Bologna system of education facilitates harmonization of the education standards of
some European states, rather than improving the professional qualities of the graduate lawyers.
9. The tendency to favor the development of practical skills over the theoretical basis is typical
for the Western European education system, and its evaluation is ambivalent. Its positive elements
include the fact that the students leave the higher education institutions having a certain «baggage»
of knowledge on how to deal with certain types of practical problems. On the other hand, the
negative aspect of such education is that the student may have considerable difficulties facing the
problems, which they did not deal with in the course of their education (it mostly concerns the First
Legal Exam). 10. The referendariat practice which is widely used in Germany deserves positive
evaluation. This system allows the students go an experience in various spheres of legal activities,
which as a positive impact on their professional skills. At the same time, an obligatory practice
has little regard for the wishes of a lawyer himself concerning his future sphere of interests, and
it also lengthens the process of education of the future professionals.
Keywords:
higher legal education, education reform, Bologna system, state exam system, the Federal Republic of Germany, Bachelor’s program, Master’s program, Potsdam University, merit point system, modules.
Äåíåæíàÿ ñèñòåìà
Reference:
Bekher, V.V.
Legal regulation
of the cash execution of the budget
// Financial Law and Management.
2014. ¹ 1.
P. 66-74.
URL: https://en.nbpublish.com/library_read_article.php?id=63619
Abstract:
This article concerns the issues of regulation of the cash execution of the budget. The author
provides examples of cash execution of the budget in various states around the world, pointing out
similarities and differences in legal regulation in these states and in Russia. The article point out the
main novelties of cash execution of the budget in the Russian Federation, namely: restructuring the
budget institution, formation and development of the state integration information system of public
finances administration «Electronic Budget». The author analyzes the problems of legal regulation of
the cash execution of the budget, including the preexisting ones, and the ones that appeared due to the
above-mentioned novelties. It is stated in the article that Russia may gain greater standing in a new
global world thanks to an improved budget process. The author also mentions the problem of budget
transparency in the Russian Federation and the related problems. The Russian Federation should concentrate on improvement of the national financial systems and institutions in order to achieve the
necessary level of security in the sphere of public finances administration.
Keywords:
cash execution of budget, budget law, budget process, the principle of cash unity, budget institutions, electronic budget, transparency of budget implementation, open budget, financial security, national financial system.
Âàëþòíîå ðåãóëèðîâàíèå
Reference:
Hamenushko, I.V.
On the need to take into account
the relation between the currency
regulation and the budget law
for the correct understanding
of the branch of law to which currency
regulation belongs
// Financial Law and Management.
2014. ¹ 1.
P. 75-82.
URL: https://en.nbpublish.com/library_read_article.php?id=63620
Abstract:
The article concerns the problem of interrelation between the currency regulation and budget
law. The author attempts to establish the position of the currency regulation within the system of financial
law. He disagrees with the opinions establishing currency law as an independent complex branch of
law. The author considers it necessary to single out currency regulation as an institution of financial
law. The public law goal of currency regulation is to protect currency. Its goal is totally different from
private law regulation. The author discusses the value of currency relations, establishing their role
within the system of financial law. He also provides a historical insight, providing important matters for understanding currency regulation. Importantly, the article contains examples of practical consequences
of including currency regulation within a complex private-public branch of law.
Keywords:
currency regulation, financial law, system of financial law, institution of financial law, comlex branch of law, private-public branch of law, structure of financial law, currency legislation, currency deals, deals with currency.
Management of public finances
Reference:
Boltinova, O.V.
Problems of funds functioning
in the federal budget
of the Russian Federation
// Financial Law and Management.
2014. ¹ 1.
P. 83-100.
URL: https://en.nbpublish.com/library_read_article.php?id=63621
Abstract:
the article concerns the issues of funds functioning in the federal budget of the Russian
Federation. The author singles out the following types of funds in the Russian legislation: the 1. Reserve
funds related to oil and gas income of the federal budget; 2. national welfare; 3. reserve funds of the state
executive bodies and local administrations; 4. Reserve fund of the President of the Russian Federation;
5. The federal roads fund; 6. Funds for inter-budgetary transfers provided from the federal budget.
The author studies the history of formation and division of the Stabilization Fund. The article contains
evaluation of the novelties in the sphere of funds functioning and funds functioning in the foreign
states. The author singles out the following systems for managing the finances of these funds: 1) state
administration of finances from the sovereign funds; 2. Non-governmental management of finances from the sovereign funds. The article also points out the ways of development for the state savings in the
Russian Federation, as well as the analysis of the inter-budgetary transfers in the Russian Federation.
Keywords:
funds, inter-budgetary transfers, Stabilization Fund, Reserve Funds, oil-and gas transfers, managing the fund finances, budget assignations, donation, subsidy, subvention.
Management of public finances
Reference:
Kustova, M.V.
Legal problems regarding payment
for the services being necessary
and obligatory for the provision
of service by the public
government bodies
// Financial Law and Management.
2014. ¹ 1.
P. 101-109.
URL: https://en.nbpublish.com/library_read_article.php?id=63622
Abstract:
The article concerns the problems concerning payment for public services. The author
notes that currently the Government aims to organize the payments for public services, providing
for cancelling such payments or their transfer into the official fees. Requiring the normative
provisions for the limited lists of obligatory and necessary services, the legislator does not
directly exclude payment for such service, nor is excluded free of charge provision of such
services. Throughout the article the author evaluates the issues of charges for such obligatory
public services, analyzing the Russian legislation. As a result of the article, the author provides
various options for resolving such a problem, such as strengthening the public law element in the
regulation, and providing for the fundamentals for the payment and formation of such payment
for obligatory and necessary services.
Keywords:
public services, paid services, free-of-charge services, obligatory services, necessary service, price formation principles, state bodies, commercialization of public government, subsidiary responsibility, executive and administrative competence.
Management of public finances
Reference:
Ershova, I.V.
State regulation of prices
in the conditions of economic integration
// Financial Law and Management.
2014. ¹ 1.
P. 110-119.
URL: https://en.nbpublish.com/library_read_article.php?id=63623
Abstract:
The article concerns the legal fundamentals of the regulation of prices by the state, based upon
the principal provisions of the WTO and the Customs Union. The author provides characteristics of the
price regulation in the Russian legislation and the by-laws. Use of comparative legal studies allowed the
author to make novel conclusions and propositions. In particular, she notes the spheres for harmonization
and unification of the price regulation. She substantiates the opinion of the need to have a codified law
on prices. She mentions the types of price regulation and the legal instruments for influencing the prices.
She also provides apparatus of definitions and categories in the conditions of Russia’s membership in
the WTO and the Customs Union. She evaluates some directions for price regulation, regarding socially
important goods, medications, etc. She pays attention to the legal mechanism for fighting price dumping
in the conditions of economic integration. She makes a conclusion on the nature of legal institution of
price regulation and the directions for its further development.
Keywords:
price, tariff, the Customs Union, the World Trade Organization, unification, harmonization, price regulation, economic integration, medication, dumping prices.
Tax law of foreign countries
Reference:
Kucheryavenko, N.P.
On harmonization
of nature and type constructions
when regulating budget incomes
// Financial Law and Management.
2014. ¹ 1.
P. 120-140.
URL: https://en.nbpublish.com/library_read_article.php?id=63624
Abstract:
This article concerns constructions used when regulating budget incomes. The author evaluates
the improvement of efficiency of legal regulation of budget incomes based on the tax law of Ukraine. The
author points out the contradictions in the legal mechanism due to the inconsistencies in the nature and
type constructions. The article includes detailed analysis of the provisions of the Tax Code of Ukraine,
the Budget Code of Ukraine and other normative acts in the sphere of financial law. Special attention
is paid to the legal regulation in the Republic of Crimea. The article includes analysis of problems of
Ukrainian financial law based upon the rich variety of legal materials. The author analyzes a large
number of legal sources, which makes this article especially valuable. Based upon the studies the author
comes to a conclusion that the solution of the problem of harmonization of income elements of budgets
should be provided on two levels: inter-branch level and budget income level.
Keywords:
nature constructions, type constructions, financial law of Ukraine, tax law of Ukraine, budget law of Ukraine, budget income, tax income, non-tax income, budget classification, taxation system.