Ôèíàíñîâàÿ ñèñòåìà ÐÔ
Reference:
Grudtsyna L.Yu.
Establishing the International Financial Center in Russia
// Financial Law and Management.
2014. ¹ 3.
P. 108-116.
URL: https://en.nbpublish.com/library_read_article.php?id=65834
Abstract:
The author suggests measures to be taken for the effective implementation of the Concept
of creating an international financial center in the Russian Federation. The research focuses
on current problems of creation and development of an international financial center in the Russian
Federation. It tries to analyze what prevents to establish the major financial institutions of international
importance in Russia and how social, economic and political situation in the world affects
the potential of the Russian economy. Also, the research considers organizational and legal possibilities
of establishing an international financial center in Russia. The methodological basis of the
study includes the general dialectical method as well as special research methods such as systemic
and structural, detailed sociological, technical and legal, historical and legal, and comparative law.
The application of these methods has allowed the author to explore the problems in their relation,
integrity, in the most comprehensive and objective manner. At present, all signs point to the lack
of the regulatory framework and effective regulatory mechanisms for the option market as well as
unsustainable national economy. These negative factors have a significant influence on the creation
of the option market; therefore, its further development is possible only if they are eliminated. The
absence, to the present time, of uniform state policy aimed at development of the market of financial
tools bears the risk that in the foreseeable future in Russia this market would not be optimal
but rather speculative.
Keywords:
Russian legislation, Russian economy, financial system, MFC legal framework, public policy, prospects, creation of the option market, potential, financial crisis.
Áþäæåò è áþäæåòíîå ïðàâî
Reference:
Zemlyanskaya N. I.
Public Expenditures as a Financial and Legal Concept
// Financial Law and Management.
2014. ¹ 3.
P. 117-130.
URL: https://en.nbpublish.com/library_read_article.php?id=65835
Abstract:
The need to study the concept of «public expenditure» is caused by broad changes occurring
in economic and political life of Russia. The relevance of this study is due to the special role
of public expenditure as a legal institution, and the fact that public expenditure is primary to pubic
revenues. In general, the financial law pays great attention to the analysis of legal regulation of public revenues and spending. International integration processes with Russia’s participation also impact on
the public expenditure structure. The research uses the comparative legal method as well as analysis
of the main features of expenditure aimed at meeting the public interest.
The author comes to the conclusion that there is a need to introduce into scientific circulation the
concept of «public expenses» defined as expenses made by public and legal entities and other parties
in the process of their financial activities intended to meet public interest and in the manner
prescribed by law.
Keywords:
public expenditure, public interest, state functions, social needs, monetary fund, financial activities, public legal education, financial and legal concept, expenses, financial resources.
General issues of financial law
Reference:
Lapina M. A. , Lokhmanov D. V.
On the Issue of Subjects and Sources
of Administrative Jurisdiction in the Financial Sector
// Financial Law and Management.
2014. ¹ 3.
P. 131-139.
URL: https://en.nbpublish.com/library_read_article.php?id=65836
Abstract:
One of the urgent problems of administrative law in the financial sector is chaotic and not
coordinated adoption of legal acts (sources) governing administrative and jurisdictional activity of
executive bodies in the area of finance, taxes and fees as well as the securities market. The present
article analyzes the regulatory legal acts that govern administrative and jurisdictional activities of
specially authorized federal executive bodies and the Bank of Russia in the financial sector. The main
research method is a systematic analysis based on the consideration of the procedural rules set out
in administrative, fiscal, budgetary and banking law, in relation to the substantive law. These procedural
rules fix the occurrence of disputes (conflicts) or offenses in the area of finance, taxes and fees
or the securities market. Based on the analysis of subjects and sources of administrative jurisdiction
in the area of finance, taxes and fees as well as the securities market, the author substantiates the need
to separate spheres and areas of responsibility for each industry-wide law individually, remove the
executive authorities from the sphere of their jurisdictional activity of and enshrine the above mentioned
activities of state bodies in the administrative law.
Keywords:
legal source, legal subject, administrative jurisdiction, financial sphere, administrative procedure, subjects of the administrative and jurisdictional activities, administrative proceedings, administrative and jurisdictional activities, sources of administrative and jurisdictional activities, efficiency of the administrative and jurisdictional activities.
General issues of financial law
Reference:
Galuzo V. N.
Customs Duties as an Institution of the Legal Industry of the Russian Federation
// Financial Law and Management.
2014. ¹ 3.
P. 140-143.
URL: https://en.nbpublish.com/library_read_article.php?id=65837
Abstract:
The article considers customs duties as a complex legal institution of the customs law. The
research reveals the regularities associated with customs duties. It notes that customs duties are covered
by one of the functions of the customs authorities, more specifically, by the function providing
customs and tariff regulation of foreign trade. Also, it proposes a systematized arrangement of general
provisions on customs duties and determines the share of customs payments in the federal budget
of the Russian Federation for two years (2007 and 2012). The research methods — comparative
legal and statistical– allowed to formulate conclusions as follows: customs duties are a complex legal
institution of the customs law rather than of other integrated branches of law (financial, tax, budget,
etc.); customs payments must be regarded as the customs operations which are carried out by payment
of import customs duty; export customs duty; value added tax levied on goods imported into
the customs territory of the Customs Union; excise duty levied on goods imported into the customs
territory of the Customs Union; customs fees. The trend towards a significant increase in the share of income from foreign trade (customs duties) to the federal budget of the Russian Federation merely
confirms the absence of progressive development of the Russian economy.
Keywords:
Russian Federation, customs duties, federal budget, customs law, tax law, financial law, budgetary law, budget revenues, foreign economic activities.
Financial markets
Reference:
Tropskaya S. S.
The Financial Market Law: the Main Stages of Evolution
// Financial Law and Management.
2014. ¹ 3.
P. 144-156.
URL: https://en.nbpublish.com/library_read_article.php?id=65838
Abstract:
The study outlines the main stages of development of the financial market law and its institutions:
banking law, insurance law, the law of the securities market, the foreign exchange law. The study
briefly sketches the origins of the financial market law in the ancient world and gives a more detailed
description of further development of legal norms in Western Europe, the United States and Russia.
The author explains the distinguishing features of the Russian financial market law such as lagged
development and inherent public legal nature. The main methods of research are: logical, comparative
law, comparative historical and formal dogmatic. The author notes that the specific feature of the
Russian financial market law is the inherent prevalence of public and legal element. The public and
legal regulation in the financial market has reached its culmination in Soviet period. Currently, there
is an increase in number of legal acts reinforcing government intervention in the financial market.
Keywords:
finance law, evolution of law, financial markets, public law, banking public law, public insurance law, securities market, foreign exchange law, stages of law development, origins.
Financial control and audit
Reference:
Muravyov I. A.
Financial Control in the Field of Education
// Financial Law and Management.
2014. ¹ 3.
P. 157-163.
URL: https://en.nbpublish.com/library_read_article.php?id=65839
Abstract:
The article describes the organization of financial control in educational organizations.
The author elucidates such notions as economic guarantees and cost standards which are basic to
provide the financial support to public and municipal educational services. Financial control in education
system concentrates on the movement of cash flows in the process of formation, distribution,
redistribution and use of state and municipal centralized and decentralized funds from education
budgets. Financial control in the field of education is divided into two categories: intra and supradepartmental.
The author considers the federal financial control bodies for educational organizations
and analyzes the responsibilities and duties of the head of the educational institution during the internal
(intradepartmental) financial control. As a final point, the author suggests different ways to
improve the financial control including the issuance of special law or another legal act imposing a
clear legal model of control activities in educational institutions.
Keywords:
financial control, education, educational organization, economic guarantees, cost standards, intradepartmental financial control, supra-departmental financial control, Russian Audit Chamber, the Federal Treasury, RF Ministry of Finance.
Financial control and audit
Reference:
Bakaeva O. Yu.
Financial and Legal Disputes with Participation of the Customs Authorities: Legal Precedents
// Financial Law and Management.
2014. ¹ 3.
P. 164-170.
URL: https://en.nbpublish.com/library_read_article.php?id=65840
Abstract:
In field of customs, most disputes between customs authorities and subjects under their
control relate to various aspects of customs taxation. The article summarizes and analyzes the precedents
of financial and legal disputes contesting the decisions of customs authorities concerning the
classification of transported goods and codes assigned to them under the Commodity Nomenclature
of Foreign Trade; determination of the customs value of the goods and its correction; the order of enforcement of customs duties. It is stressed that there is a need for customs officers retraining and
monitoring the judicial practice in such cases. The abundance of customs cases in the courts and their
resolving in favor of private actors reveals the problems in the field of customs taxation. The author
states that these problems must find their soonest solution as there are obvious ways to improve the
situation: updating legal norms (elimination of collisions and gaps); increasing professionalism of
customs officers; monitoring the judicial practice in such disputes; bringing to justice officials responsible
for decisions that do not comply with the legislation on customs.
Keywords:
financial and legal disputes, customs authorities, Commodity Nomenclature, foreign trade, customs and tariff policy, customs value, customs duties, customs taxation, enforcement, judicial bodies.
Management of public finances
Reference:
Shemarykina D. A.
Increasing the Effectiveness of the Federal Bailiff Service with Integrated Information Systems
// Financial Law and Management.
2014. ¹ 3.
P. 171-183.
URL: https://en.nbpublish.com/library_read_article.php?id=65841
Abstract:
The article discusses the necessity and urgency of improving the legal norms governing the
activities of the Federal Bailiff Service (FBS) being the only authorized body of the executive branch
performing the enforcement of court decisions. At the same time in order to enhance the enforcement
of judicial acts as well as acts of other bodies, it is necessary to develop FBS legal information support
services as the efficiency of enforcement of judicial acts and acts of other bodies largely depends on
the proper execution of FBS support functions, namely, record-keeping activities and administration
of federal budget revenues. As a research method the author applies the analysis of legal support of
the Federal Target Program «Development of the Russian judicial system for 2013–2020 years». It
is concluded that further development of informatization of enforcement proceedings (i. e. activities
towards the availability of online information and the creation of convenient interface to share information
in view to enhance the enforcement of judicial acts and acts of other bodies and officials) is
provided by a number of programs at the federal level. It allows to suggest that the prospects for the
use of integrated information systems are very promising.
Keywords:
Federal Service, Court Bailiffs Service, federal law, enforcement, federal budget, information support, electronic document, legal norms, executive branch, court decision.
On the history of financial law
Reference:
Krotkova N. V.
Sergei A. Kotlyarevskiy as a Representative of Soviet Jurisprudence
// Financial Law and Management.
2014. ¹ 3.
P. 184-198.
URL: https://en.nbpublish.com/library_read_article.php?id=65842
Abstract:
The article highlights the views of S. A. Kotlyarevskiy on the Soviet constitutional system,
as well as his analysis of financial activity of the Soviet state. It is shown that in the search for an appropriate
balance of interests, Kotlyarevskiy examines in detail the relationship between the USSR
and republics and tries to build an optimal boundary line in distribution of competence to ensure the
successful functioning of the federation. The bulk of sources consist of works by Kotlyarevskiy in Soviet
period. When studying his papers it is important to relate the chronology of works with the facts
of his personal biography and political events in the world and Russia. The main principles of the present
study are: historicism, documentalism, comprehensive and unbiased analysis, critical evaluation of
the material. The research work uses the following general research methods: logical, historical, comparative,
sociological, and deduction, induction, analysis, synthesis, hypothesis, analogy, and others.
It is concluded that Kotlyarevskiy considers the Soviet constitutional system mainly from the formal
dogmatic point of view, however, he attempts to give political characteristics of social structure of the
USSR and its republics. He was one of the first scholars who carried out a systematic analysis of the financial activities of the Soviet state for the first years of its existence and gave valuable practical recommendations.
He is justly considered to be one of those who stood at the origins of the Soviet state,
administrative and financial law.
Keywords:
Sergei A. Kotlyarevskiy, state, Constitution, federalism, financial legislation, fiscal relations, budget of the USSR, local budgets, income tax, agricultural tax.