Administrative and municipal law - rubric Administrative and municipal law: business, economy, finance

Abstract: This article is devoted to the category of financial activity of the state, and it includes analysis of various points of view on this term. This article covers various spheres of realization of financial activities of the state, as well as means of ensuring of financial activity. This article establishes legal prohibition as one of the key measures able to ensure financial activities. Administrative prohibition plays an important role in ensuring legal order in financial activities of the state. The article also includes offers to improve the mechanism of realization of administrative prohibition in the financial sphere.

Abstract: The article includes analysis of financial and legal coercion, which are used in regard to violations of budget legislation. The article includes analysis of the measures of coercion, as provided for by the Budget Code of the Russian Federation.

Keywords: budget, finances, measures of coercion, budget means, finances, budget control, financial control.

Abstract: the article is devoted to the content of acts of application of norms of administrative law within the mechanism of legal regulation, the author shows their role and social goals. The author also presents a classification of such acts within the mechanism of legal regulation.

Keywords: mechanism of administrative legal regulation, application act, individual legal act, classification of acts of application of the civil law norms, approving, registration and prohibiting acts of application of norms of administrative law.

Abstract: this article is devoted to the issues of tax legal status of foreign legal persons, regulation of tax legal relations with the participation of foreign legal persons, avoiding conflicts in such relations, prevention of delict (offence) situation, non-discrimination in the tax relations, the influence of international conventions on resolution of conflicts, which appear between the tax bodies and the foreign legal person in the Russian Federation.

Abstract: state loan is one of the instruments for solving the problems, balancing income and spending in the budget. It also has to be taken into account, that when the state loan is used, the capital is used for public needs, not for production. The negative role is related to the growth of direct spending, which in turn, negatively influences the economics.

Keywords: state securities, state debt, municipal budget, state debt management, state credit, restructuring, budget federalism.

Abstract: Review: the existing system of management and disposal of the objects of state and municipal property needs improvement. It has to do with the fact that there’s still no complete register for state property, the rights of user of the immovable property are not defined, the powers of the state as an owner are performed by various federal bodies, their activities are not properly co-ordinated, the title of the state to the objects of property are not duly registered (this also relates to the objects of property abroad).

Keywords: property rights, immovable property, legal mechanism, state property, objects of immovable property, private property, municipal property, private law, limitations to title to property, privatization, right to own, right to use, right to dispose, state in

Abstract: Review: the article is devoted to the topical problems of rent of state and municipal property, issues related to state orders, problems of competition while placing the state orders.

Keywords: property, state and municipal property, rent, property relations, corporeal right, competition, state order, tender.

DOI: 10.7256/2454-0595.2017.5.22762

Abstract: The research subject is the analysis of reasons for gaining tax benefit by tax payers as assessed by commercial courts. The authors consider the alternative positions of both the supporters of formalization of the signs of an unfounded tax benefit in the Tax Code of the Russian Federation, and those who think that the formation of law enforcement approaches to this problem can replace the source of law establishing the criteria of negligence and the lack of due prudence. The authors study the circumstances, which can lead to the classification of a benefit as unfounded, and the facts, which, considered individually (without an account for other circumstances), cannot speak for the absence of reasons for a tax benefit. Special attention is given to the problem of the absence of a mechanism of prevention of abuse of rights for the purpose of taxes minimization and obtaining an unfounded tax benefit in the Russian legislation on taxation and revenue. The authors conclude it is impossible to foresee a comprehensive list of criteria, but the legislation must contain a general idea of deliberate acts aimed at unfounded gaining of tax benefit.

Keywords: tax authority, commercial court, aggressive tax planning, tax payer, unfounded tax benefit, reason, tax benefit, abuse of right, expenses of a tax payer, tax legislation

DOI: 10.7256/2454-0595.2017.11.24660

Abstract: The research subject is the current regulations of the Tax code of the Russian Federation, the federal law “On the Accounts Chamber of the Russian Federation”, the governmental decree “On the procedure of financial and budgetary control performed by the Federal Treasury”, the decree of the Treasury of the Russian Federation “On the establishment of the Standard of external government audit (control). General rules of control”, established by the decree of the board of the Accounts Chamber of the Russian Federation establishing the procedure of realization, formalization and appeal against non-regulatory acts. Legal acts, regulating financial control in the financial and budgetary sphere, don’t form the institution of appeal against non-regulatory acts as such. The research methodology is based on the modern achievements of epistemology. The author uses theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction and modeling), and traditional methods of jurisprudence. The author concludes that the institution of appeal against non-regulatory acts hasn’t formed in the financial and budgetary sphere of financial control (unlike the situation in the tax sphere). This circumstance is determined by the fact that subjects, responsible for financial control in the financial and budgetary sphere, adopt standards regulating the process of performing financial control and financial audit. The institution of appeal against non-regulatory acts is formulated in the Tax Code ensuring the necessary level of protection of the officials of the controlled objects. Consequently, it is necessary to adopt the Federal Law “On financial control” which should formalize the institution of appeal against the results of financial control guaranteeing the protection of the officials of the controlled objects during control activities.

Keywords: Taxation, Financial-budgetary sphere, non-regulatory acts, Financial audit, Financial control, control, in-office audit, on-site audit, monitoring, appeal

DOI: 10.7256/2454-0595.2022.3.38475

Abstract: The article examines the impact of letters from Russian authorities on the business community. Currently, the regulation of the publication and withdrawal of letters is non-systemic, and the legal nature of letters has not yet been determined. The lack of clear and transparent procedures for their adoption and application leads to the fact that letters from the authorities can also be used as an element of administrative pressure on business: explanations from the authorities can impose new responsibilities on companies, interfere in their operational activities, "bypass" the procedures of inspections established by law. It is proposed to define letters of authorities as a kind of legal acts that are adopted by law enforcement agencies in the absence of a single regulated legal procedure for their publication, contain explanations of legislation and (or) rules of conduct that can have an indirect impact on an indefinite circle of persons and (or) be applied in specific legal situations. In order to reduce the negative impact of letters from authorities on subjects of economic legal relations, legal regulation of the publication of letters by authorities is proposed. Within the framework of this procedure, it is important to establish: general rules of registration, a limited list of grounds for their adoption; the need to substantiate the practical benefits of accepting letters for non-government entities; establishing the priority of letters that create favorable conditions for non-government subjects of legal relations, in cases of letters contradicting each other; a limited list of officials who have the right to sign them; the procedure for cancellation (revocation) of letters from public authorities, including a list of entities that have the right to raise the issue of their cancellation (revocation). The latter may be the bodies of the Ministry of Justice and (or) the Prosecutor General's Office of the Russian Federation (due to the emerging practice recognizing such competence for them). At the end of the study, it is additionally proposed to evaluate letters according to the criterion of expediency and within the framework of the judicial norm control procedure.

Keywords: non-governmental subjects of legal relations, reducing administrative pressure, administrative pressure, the benefits of accepting letters, expediency of publishing letters, letters from the authorities, legal acts, sources of law, mechanism of legal regulation, judicial norm control

DOI: 10.7256/2454-0595.2017.9.24053

Abstract: The research subject is the set of provisions of the legislation of China regulating the relations in the sphere of government control of on-exchange trading. Since the control of on-exchange trading mainly consists in the control of the creation of various exchanges, the author considers the types of Chinese entities, which have the right to organize on-exchange trading, and their features. For this purpose, the author analyzes the laws of China and subordinate statutory acts connected with the creation of exchanges and trading platforms. To study the legislation of China, the author uses comparative-legal, descriptive and formal-legal research methods, analysis and synthesis. The scientific novelty of the study consists in the systematization of subjects, which have the right to organize on-exchange trading in China. The author describes the characteristic features of stock and futures exchange and trading platforms. Based on the analysis of the Chinese legislation, the author defines the significant criteria for the creation of the system of government control of on-exchange trading. The author formulates the directions of the legislation improvement.

Keywords: securities market , derivatives , trading platform, State Council of the PRC, securities, futures, on-exchange trading , stock exchange, law of the PRC, China

DOI: 10.7256/2454-0595.2018.2.25739

Abstract: The object of the research is the currency relations arising in the process of currency regulation and control in the Eurasian Economic Union. The authors of the article focus on the relationship between currency regulation and currency control as the whole and the parts and point out the main directions for currency control. They also conclude that currency control is one of the means to guarantee and defend economic intersts of the country. The authors of the article set forth the main tasks and goals of currency control at the modern stage and these are the tasks and goals that need an immediate solution. The authors also emphasize the importance of licensing as the main administrative means of control over banking activity in the fields of currency exchange operations and international economic activity. The main research method used by the authors is the dialectical approach combined with the authors' critical evaluation of imperfections and gaps in the current currency legislation. In addition, the authors have also applied the methods of comparative analysis, deduction, formal logic and others. The authors' special contribution to the topic is their description of the main tasks and targets that need an immediate solution, in particular, bringing the currency and international economic laws of the Russian Federation into compliance with the international treaties of the Eurasian Economic Unioni; preparation of a draft law on currency regulation and currency control. The scientific novelty of the research is caused by the fact that the authors offer their own understanding of currency regulation and currency control as administrative measures to influence international economic relations. At the end of their research, the authors conclude that being part of state currency policy, currency control is an instrument for implementation of protective and regulatory functions of the state that guarantees economic security and economic independence of the state.

Keywords: international security, Eurasian economic Union, administrative and legal means, currency regulation, foreign trade activity, currency operations, currency restrictions, currency control, currency legislation, international law

DOI: 10.7256/2454-0595.2018.9.27608

Abstract: The subject of the research is the challenges of the legal economic expertise of the legal acts issued in the sphere of creation and implementation of the Russian Federation industrial policy. Dementiev analyzes the areas where industrial policy is implemented and describes hierarchical levels of the legal regulation. He studies the composition and content of principles, criteria, indicators of the industrial policy implementation, procedural and material principles of the legal economic expertise of legal acts. Based on the analysis of law-enforcement practice, results of researches and implementation of state industrial programs, the author emphasizes the need to introduce additional principles of the legal economic expertise in the law-enforcement practice. Taking into account the insufficient theoretical validity of the legal economic expertise methodology in the sphere of industrial policy, the author of teh research has chosen to use the 'from particulars to generals' inductive method as well as commonly used methods of legal research such as comparative law analysis, formal law approach, etc. The author proves the hypothesis about the need to develop an individual branch of law that would be called 'general expertology' in parallel to 'judicial expertology'. He offers his own classification of the levels and principles of the legal economic expertise and analyzes assessment criteria and parameters for evaluating legal acts. He theoretically proves the need to introduce additional procedural and special material principles of the legal economic expertise of legal acts into practice.

Keywords: criteria, principles, legal acts, industrial policy, legal examination, economic examination, ekspertologiya, indicators, authorities, systematization

DOI: 10.7256/2454-0595.2016.1.15418

Abstract: The article focuses on legal and organizational problems of administrative-legal regulation of the modern economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative-legal regulation of both public and private sectors of the economy. The article demonstrates the author’s positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. Moreover, the author analyzes the concepts of development of law and economy in the modern conditions. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical) and the methods of special sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on public and private sectors of the Russian economy. The author states that it is necessary to develop administrative-legal regulation of the economy; he proposes the measures for development of forms and methods of government regulation of the economy and provision of legal and organizational guarantees of legality in the Russian economy.

Keywords: economy, administration, form, method, control, regulation, safety, protection, question, Police

DOI: 10.7256/2454-0595.2016.1.67335

Keywords: protection, safety, regulation, control, method, form, administration, economy, question, police

DOI: 10.7256/2454-0595.2018.4.26423

Abstract: The subject of the article is the administrative legal relations that may arise in the sphere of innovation activity. The object of the article is the current national innovation system. The athor of the article analyzes the legal grounds for the innovation path of the development of the real economic sector and describes the quality of state management of economic processes, and proves the need in institutional, structural and technologies changes as the elements of the systems approach to development of the national innovation system. The author pays special attention to the analysis of strategical and policy documents that contain elements of the national innovation system. The author concludes that there is no single approach of scientists to understanding the mechanism of improvement of Russia's national innovation system and ways to fix relevant guidelines in legal acts. The methodological basis of the research implies modern achievements of the theory of knowledge. In the process of the research the author has used the general method of philosophical resaerch, systems analysis, expert analysis, event analysis, traditional legal methods (formal law, comparative law) as well as structural and statistical analysis. The novelty of the research is caused by the fact that the author makes recommendations regarding development of the national innovation system based on the improvement of the system of national innovation law which implies administrative regulation of the innovation development of our country's industry. The author of the article provides all necessary argumenents to prove the need in complex regulation of the innovation development of the real economic sector for development and assessment of technologies changes and industrial growth in the real economic sector.

Keywords: administrative and legal support, digital transformation, public administration, industry, real sector of economy, economic sovereignty, national innovation system, innovative economy, innovations, innovation activity

DOI: 10.7256/2454-0595.2017.1.20024

Abstract: The research subject is the legal instruments regulating the activities of customs agencies and aiming at customs payments collectability increase. The research subject is legal relations appearing in the process of application of customs legislation by customs agencies. This study is of a particular importance due to the fact of customs payments collectability reduction and the inefficient work of customs agencies aimed at transferring the managed sums to the budget in the context of the foreign trade volume reduction. The author focuses on the most important legal measures, offers the ways to settle the problem situations and formulates the conclusions. The research methodology is based on the set of general scientific and specific research methods (formal-legal, analytical, normative-logical and comparative). The author analyzes customs payments transfers to the budget and notes the aggressive reduction of the customs payments transfers share within the country’s budget structure. The author offers to change the approaches to measures aimed at customs collectability increase: adaptation to the established judicial practice; three years’ limitation of tax overpayment refunding; elimination of duplication of control over VAT collection on the part of tax and customs agencies.

Keywords: advance payments, refund, term of limitation, VAT, tax, customs payment, customs control, control activities, uncalled sum, VAT refund

DOI: 10.7256/2454-0595.2023.6.68788

Abstract: The article examines the features of financial control in the field of procurement of goods, works and services to meet state and municipal needs. The object of the study is the public relations that develop in connection with and regarding the implementation of financial control in the field of procurement. The subject of the study is the provisions of the current legislation on the contract system and financial legislation, in which the rules on the implementation of financial control in the field of procurement are enshrined. An additional subject of the study was materials from judicial practice and the results of published academic research. Within the framework of the article, based on theoretical concepts and general legislative provisions on financial control, on the one hand, and control in the field of procurement, on the other hand, the key types and forms of financial control directly in the field of procurement are identified. Based on the results of the study, conclusions are formulated that financial control in the field of procurement is characterized by organizational, functional and financial independence. At the same time, the system of financial control in the field of procurement includes: indirect and direct forms of financial control. In turn, direct financial control within the framework of the contract system includes two types: 1) current control - as part of the implementation of law enforcement functions for treasury services for the execution of budgets of the budget system of the Russian Federation; 2) subsequent control - within the framework of the system of internal state (municipal) financial control. The scientific novelty of the findings is determined by the author’s approach to systematization of key forms and types of financial control in the field of procurement.

Keywords: Federal Treasury, subsequent control, current control, indirect control, direct control, financial control, procurement, government needs, procurement system, FAS Russia

DOI: 10.7256/2454-0595.2017.1.21522

Abstract: The problems of legal regulation of contract procedure in the sphere of public-private partnership consist in the absence of the theory of contract execution in the administrative order and the inconsistency of legislation in the field of application of the procedure of execution of government contracts, concessions and other investment agreements. For the purpose of filling these gaps in the Russian legislation, the author studies the legal essence of the contract procedure in the sphere of public-private partnership. The research methodology is based on the method of comparative-legal analysis of structural problems of legislative inconsistencies and the formal-legal method. The author particularizes the elements of administrative contract procedure in the sphere of public-private partnership and the gaps in the Russian legislation regulating the procedure of execution of contracts, concessions and other investment agreements (for example, the absence of common and specific criteria of choosing the counterparty in contract execution). To eliminate these gaps, the author proposes the measures of unification and harmonization of the legislation in the sphere of public-private partnership in respect of private counterparty competition.

Keywords: competition, legal management act, special investment contract, investment agreement, concession agreement, government contract, public-private partnership, administrative procedure, competition criteria, harmonization of legislation

Abstract: The article is devoted to the problem of adequacy of using a private law construct of obligations in public law. In particular, the author analyzes the mandatory conception of tax relations.

Keywords: public law, responsibility, responsibility to pay taxes, mandatory conception, relative legal relation, general legal relation, property nature, urgency, optimality.

Abstract: The article is devoted to the question of delimitation of the competence regarding the issue of arrangement of money circulation between the federation and constituent of the Russian Federation from the point of view of history and comparative law. It is concluded that there is a certain need in amending the j clause of Article 71 of the Constitution of the Russian Federation dated December 12, 1993 by the means of changing the term ‘money emission’ for the term ‘arrangement of money circulation’.

Keywords: studies of law, state institution, constitution, federation, arrangement, money, emission, circulation, system, politics.

DOI: 10.7256/2454-0595.2017.12.24849

Abstract: The subject of the article is the prescriptives of The Tax Code of the Russian Federation, Federal Law on Accounting Chamber of the Russian Federation, and others that stipulate the procedure for rendering, recording and litigating control measures in the financial sphere. Applicable prescriptives set forth fundamentally different approaches to litigating non-regulatory acts and litigating judicial processes that regulate financial control in the financial budget and tax spheres. Moreover, the author analyzes The Resolutions of the Constitional Court on issues of interpreting auditing acts as law enforcement acts. Legal acts that regulate financial control in the financial budget sphere do not, in fact, create the institution of appealing from non-regulatory acts. However, in actual practice arbitration courts refuse to accept complaints about tax auditing acts taking the latter as non-attributable to non-legal acts because they do not create legal consequences. The methodological basis of the research included modern achievements and findings of the theory of knowledge. In the course of the research the authors also used theoretical, general philosophical methods, legal methods (formal logical, interpretative methods), method of comparison. The novelty of the research is casued by the fact that the authors provide a comparative law analysis of legal prescriptives that regulate implementation of control measures in the process of financial control performed by authorized agencies in budgetary, banking and tax spheres. The authors also describe significant distinctions in the rights and responsibilities of officials who perform such control and make recommendations to recognize tax auditing acts, financial acts and audits, and banking audit that contain information about violations, as law enforcment acts. They also offer to unify procedural standards which would create the institution of appealing from financial control results.

Keywords: tax audit, check, taxation, financial-budgetary sphere, financial audit, financial control, field inspection, examination, conclusion, objections

DOI: 10.7256/2454-0595.2017.10.24396

Abstract: The research subject is the current provisions of the Administrative Offences Code, the Tax Code, the Budget Code of the Russian Federation, the Federal Law “On the Central Bank of the Russian Federation (the Bank of Russia)”, which establish the concept and the content of legal entity’s guilt for tax, administrative, budget and bank offences, and the interpretative acts of judicial bodies, which contain interpretation of normative directions about guilt for administrative, tax, budget and bank offences. Codified acts, regulating budget and bank segments of the financial sphere, establish three fundamentally different formulations of a question about the evidentiary of admission of guilt of a legal entity for incriminated offences. The uncodified act – the Federal law “On the Central Bank of the Russian Federation (the Bank of Russia)”, in fact formulates the definition of a bank offence and contains a comprehensive list of administrative sanctions for the violation of bank legislation. The research methodology is based on the modern achievements in epistemology. The authors use theoretical and general philosophic methods (dialectics, the system method, analysis, synthesis, analogy, deduction and modeling); traditional legal methods (formal logical and interpretational methods, which are used for the analysis of particular content of provisions, establishing the concept and the content of quilt of administrative, tax, budget and bank offences); the comparative method is used to compare normative directions regulating the concept and content of guilt of tax, administrative and budget offences. The authors conclude that the codified acts in the financial sphere (the Tax Code, the Administrative Offences Code, and the Budget Code) contain three concepts of understanding of guilt (subjective, objective and interfacing) of a legal entity for offences, which have been formulated by scholars at the scientific and theoretical level. The chronological framework of adoption of these codes marks the tendency of shift from the subjective concept of guilt to the objective incrimination. Besides, the provisions of the Administrative Offences Code compete with the provisions of the Federal Law in the issues of regulation of imposition of legal responsibility by the Bank of Russia on credit organizations in accordance with the directions of the Administrative Offences Code and the Federal Law. The authors compare the subjective and objective concepts of guilt of a legal entity for offences in the financial sphere with the real normative models of guilt contained in the codes, and with the normative and casual interpretation, which has formed in judicial practice. The scientific novelty of the study consists in the comparative-legal analysis of normative constructs of guilt of a legal entity for offences in the financial sphere at the level of codified acts and the Federal law “On the Central Bank of the Russian Federation (the Bank of Russia)” and affirmation of an interfacing construct of guilt of a legal entity, contained in the Administrative Offences Code, gravitating toward objective incrimination.

Keywords: subjective aspect of offence, objective aspect of offence, composition of offence, budget offence, Tax offence, Administrative offence, guilt, Intent, Direct intent, objective concept of guilt

Abstract: The article studies the legal definition of the term ‘money’. It is concluded that ‘money’ in the Russian Federation is the currency in cash of the Russian Federation. The author explains the difference between money and money substitutes in accordance with the functions they perform.

Keywords: money, currency, state institution, function, substitute, responsibility, measure, mean, record, control.

Abstract: The given article is devoted to the study of peculiarities of budgetary control in the Russian Federation and the procedure of its administrative law enforcement. The article contains the author’s approach to classification of circumstances influencing organization of budgetary control (territorial organization of a state institution, former system of budgetary control, system of separation of powers, peculiarities of development of the system of local selfgovernment, procedure of administrative law enforcement) in the Russian Federation and describes their contents and role.

Keywords: budgetary control, organizational grounds, system of organization, administrative law enforcement, elements of organization, territorial organization, separation of powers, experience of budgetary control organization, control relations.

Abstract: In order to ensure appropriate performance of local authorities, it is necessary to create a sufficient economic basis which is impossible if we do not have a clear definition of this term as well as definitions of such terms as ‘local self-government’ and its ‘basis’. Today neither politicians, nor scientists share the same opinion on the above mentioned definitions. Having conducted the comparative law analysis of legal acts and publications, the author of this article makes a conclusion that ‘local self-government’ is a multiple-meaning concept which depends on the context in which it is used.

Keywords: studies of law, local, government, economic, basis, bodies, questions, local, meaning, municipality.

Abstract: The article contains the civil research of the term ‘property’ and defines its role in formation of financial grounds for local slf-government and development of a m unicipal unit.

Keywords: property, ownership, finances, agencies, administration, grounds, municipal, system, budget.

DOI: 10.7256/2454-0595.2023.5.44205

Abstract: The maximum possible acceleration, simplification and cheapening of all operations that make up foreign economic activity or accompanying it has always been one of the priority areas for the development of cross-border trade. Currently, in the context of a significant increase in the negative impact of political factors and, as a consequence, the complexity and reorientation of supply chains, the tendency to maximize the reduction of time, material and other costs on the way of goods movement is becoming most relevant for business structures. Meanwhile, the transformation of the economic activities of foreign trade participants at a certain stage creates prerequisites, and then – the objective need for a corresponding change in legal relations with administrative bodies, improvement of mechanisms of state control (supervision). In this case, problems naturally arise to ensure dynamic, organized and harmonious mutual development of administrative bodies and economic entities, their legal relations, as well as mechanisms of state regulation. Economic incentives that determine the directions of foreign economic activity development do not always correspond to the prevailing institutional and legal conditions of economic activity. In this regard, it is of particular importance to ensure the possibility of building a constructive dialogue between customs authorities and the business community.

Keywords: product, state regulation, customs operations, executive agencies, addressable cellular storage, administrative regulation, customs authorities, customs administration, temporary storage warehouse, foreign economic activity

Abstract: The author of the article provides definition of the offshore area and describes the modern mechanism of state (administrative law) regulation of their activity. The author also analyzes causes of offshore formation and their modern territorial and functional dislocation. The article studies the causes of underdeveloopment of offshore business in Russia and suggest a legal solution of the problem of improvement of offshore area activity in the territory of our country.

Keywords: offshore area, tax privileges, transfer price formation, commercial and banking secrecy, conception of offshore areas law, administrative law regulation, investors, residents, tax heaven.

Abstract: The article covers legal and organizational issues of maintenance of security of entrepreneurial activity by subjects of private security services. The author of the article defines the priorities of maintenance of security of entrepreneurial activity.

Keywords: entrepreneur, security, security service, threat, risk, business, treat avoidance, inner and external threats, raiding

Abstract: The article studies the legal and organizational issues of tax control in foreign states, describes the forms of tax control and the status of agencies performing tax administration in foreign states. In conclusion the author gives certain suggestions on improvement of tax control in the Russian Federation.

Keywords: tax, control, levy, fee, fine, system, inspection, declaration, power, service, state financial control, authority.

Abstract: The article studies the term ‘cash equivalent’ as a legal definition. It is concluded that ‘cash equivalent’ means the object capable of performing all or part of currency functions in the Russian Federation. The author describes the difference between legitimate cash equivalent and illegitimate cash equivalent. Moreover, legitimate cash equivalents are classified according to their functions, office of issue, place of issue and the territory of application.

Keywords: money, currency, state institution, function, equivalent, measure, mean, bond certificate, bill of exchange, piece of money.

Abstract: It is impossible to eliminate prerequisites and causes of unfair competition but it is possible to nullify or weaken its activity by the means of state interference (regulation and supervision). Direct methods of struggling against unfair competition include prohibition and pursuit of such competition as a violation of law. Sold guarantees in the sphere of economic crimes is the must when forming modern economy based on fair competition and aimed at satisfaction of consumers’ needs in the first place.

Keywords: unfair competition, government interference, legal guarantees, monopolism, trust, competitor, counter agent, economy, consumer, risk, violation of law.

Abstract: The article covers such terms as ‘industrial policy’, ‘state policy on industrial development’, ‘state policy on development of car industry’. The author of the article analyzes current Russian legal acts devoted to development of industry, in particular, the Strategy of Development of Car Industry of the Russian Federation for the period until 2020. Based on a few opinions on the studied matter and analysis of existing legislation the author defines the following concepts: ‘industrial policy’, ‘state policy on development of car industry in the Russian Federation’ and concludes that there is a certain need in a federal law which would regulate the state industrial policy.

Keywords: car industry, conception of development of car industry, legislation on industrial policy, state policy in the sphere of development of car industry, purpose, goals and mechanism of its implementation, strategy of development of car industry, regional legislation, development of car manufacturing

Abstract: The article considers the essence of organization of money circulation as a state institution function. It is concluded that organization of money circulation is the basic function of a state institution and it helps to carry out various social processes. The author also describes the main directions of organization money circulation.

Keywords: function, state institution, money, competence, circulation, activity, provision, direction.

Abstract: The article studies the legal and organizational problems of implementation of tax control, describes the place of tax control in the system of financial control, and studies forms of tax control as well as forms of its enforcement.

Keywords: control, tax, inspection, finances, form, responsibility, deadline, levy, in-office audit, mechanism, element

Abstract: The given article studies the problem of strengthening of independency of local budgets based on the case study of the Nizhni Novgorod Region. Insufficient income base at municipal units results in a need of significant transbudget transfers which, in its turn, leads to the outflow of funds from the regional budget. Thus, the author considers the efficiency of both current and future measure of strengthening of income base at municipal units such as: self-taxation of citizens, regulation of tax privileges and optimization of expenses spent on local self-government authorities.

Keywords: transfer, inter-budget, self-taxation, privileges, income, region, Nizhni Novgorod, local, municipal.

Abstract: reformation of a regional law on financial control should be based on the court practice. The courts most frequently receive appeals of regional regulations determining the status of officials at chambers of control and accounts. Knowledge of existing court practice will allow the regional law-maker to create an effective legal regulation of activities of chambers of control and accounts.

Keywords: official, chamber of control and accounts, court practice, official, control, audit, finances.

Abstract: Directions of improvement of administrative and legal regulation of bank exposure and important elements in the basis of classification of bank exposure are a type/form of a commercial bank. Taking into account the direction of improvement of administrative and legal regulation of banking activities we can now talk about the three types/forms of commercial banks: specialized, branch and universal.

Keywords: improvement, commercial, bank, risk, economic, inner, credits, operations, deposit, account.

Abstract: The article clearly shows that at the present time there is a separate group of standards that has been formed as part of the international economic law. This group of standards is oriented at prevention and coping with financial and economic crises and has all the features of an international law institution. The article also describes conceptual and theoretical issues of the institution of anti-crisis measures in international economic law. In particular, the article defines the role and place of the institution in the system of modern international law and its relations with the other branches and institutions. The author describes the subject and object of the Institution of Anti-Crisis Measures, international law groundwork and its constituents.

Keywords: institution of anti-crisis measures, international economic law, international financial law, international economic assistance law, international control over execution of anti-crisis obligations, Anti-Crisis Fund of EurAsEC, Financial Stability Board (FSB).

Abstract: the article analyzes the gaps in financial law of Russia and its infuence on financial security of a state institution. The article also views the problems of financial security of a state institution, based on which the author makes certain suggestions on how to improve the financial law.

Keywords: analogy, gaps in legislation, financial security, economic security, threats to security, bankruptcy, risk, finances, factor.

Abstract: At the present time special attention is paid at the problems of international collaboration of state institutions including their cross border territories. One of the most important forms of cross border collaboration is a cross border trading. The article analyzes the current world experience of cross border collaboration between countries, describes the main problems of cross border trading relations in Russia and suggests approaches to solving them by using the existing legislation and implementing the Conception of Development of Cross Border Trading.

Keywords: foreign trade activity, cross border trading, administrative regulation, cross border collaboration, Euro region, cross border territories, Conception of Development of Cross Border in Russia, administrative measures of regulation of cross border trading, economic measures of regulation of cross border trading.

Abstract: Administrative relations in the spheres of credit risks depend on both outer (general conditions of economic environment and conjuncture) and inner (mistaken decisions of the bank) factors. The possibilities for the management of outer factors are limited, while timely actions of the bank may ease their influence and help to avoid serious losses. However, the key means for the management of credit risks are in the sphere of inner policy.

Keywords: legal relations, administrative, credit, risk, government, politics, debt, cost-efficient, liquid, bank.

Abstract: The article is devoted to problems related to implementation of measures of responsibility for administrative offences in the sphere of economics, the author shows problems related to legal qualification of some acts, offers criteria for distinguishing unlawful activities in case of bankruptcy from other illegal deeds (including administrative offences).

Keywords: economics, offence, crime, administrative offence, qualification, responsibility, act, guilt, punishment, illegality

Abstract: the article includes brief analysis of The experience of most economically developed states in the sphere of market administration, and of application of control over economic concentration in markets, as a complex instrument of such administration.

Keywords: anti-monopoly, control, economic, concentration, market, the European Union, the USA, Russia, coefficient of concentration, economics

Abstract: The present article carries out an analysis of the Ministry of Finances of the Russian Federatiom according to the four directions (fields) describing the Ministry as a state management authority, state authority, executive authority and legal entity of public law. Special attention is paid at occurrence and development of a new phenomenon in law — legal entity of public law. The author also gives definition of the state authority based on the analysis of peculiarities of legal entities of public law. The author of the article also defines the Ministry of Finances of the Russian Federation as a state authority in terms of the concept of a legal entity of public law.

Keywords: financial, authority, power, executive, state, legal, person, public, law.

DOI: 10.7256/2454-0595.2023.2.40894

Abstract: The article is devoted to the analysis of individual problems of legal regulation of the state defense order in the Russian Federation. The object of the proposed study is the real social relations arising from the conclusion and termination of the state defense contract. The subject of this study is the norms of law that ensure the effectiveness of legal regulation of relations arising from the state defense contract. The resolution of the identified problems should become one of the priority tasks facing the domestic legislator in the course of improving this institution of law. In the course of the research, both general scientific methods of cognition (philosophy, logic) and comparative legal methods were used, allowing to carry out legal concepts and conduct their comparative analysis. The relevance and novelty lies in the fact that the issues of external security and, moreover, the defense of the Russian Federation in the last 30 years have been, as we can conclude now, not the most relevant – neither for the legislator (who has not yet formed a legal regime of wartime in criminal, administrative, or civil legislation), neither in the Russian civil law, which, although it paid some attention to the newly created public procurement system in 2014, has not yet dealt separately and specifically with the issues of the defense procurement system. It is concluded that, on the one hand, the Russian legal system for a long time completely lacked the model of relations of the state defense order in wartime, on the other hand, the Soviet civil–legal constructions used to mobilize industry, agriculture and transport during the Great Patriotic War were completely forgotten (due to their "planned" nature).

Keywords: provider, customer, closed competitive methods, non-competitive methods, open competitive methods, approximate terms, standard terms, object of a defense order, state defense contract, state customer

Abstract: the article studies the essence and methods of tax control as a mean of tax administration. The author o the article describes the forms and methods of tax control as well as the mechanism of their implementation. The author also analyzes the status of tax control subjects as well as defines the place of tax control in the system of financial control.

Keywords: control, tax, levy, inspection, taxpayer, enforcement, responsibility, method, form, type, document.

Abstract: This article is devoted to the analysis of information law nature of means of individualization in the sphere of advertising financial services. The author proves that it is necessary to view information as the basic object of information legal relations, the latter having a complex nature. Due to that, advertisement of financial services today should be viewed not as much as an object of civil relations but an object of complex advertisement relations belonging to the information law group of objects.

Keywords: information, advertisement, finances, financial services, information groundwork, information legal relations

Abstract: Nowadays there is very little chance that you can actually find a great number of appraisers who strictly follow federal appraisal standards. However, we still neither accept new standards, nor renew the old ones. Due to that Russian experts have been appealing to international experience of appraisal standardization from the very beginning of development of a professional appraisal in Russia. In its turn, international experience is mostly represented by the several basic standards: USPAP American appraisal standards, ASA standards of the American Standards Association, international standards (IVS) developed by the International Valuation Standards Committee (IVSC) and appraisal standards of the Royal Institution of Chartered Surveyors (RICS).

Keywords: appraisal, standards, standardization, regulation, federal appraisal standards, international standards, ethics, rules of evaluation, evaluation procedure, cost.

Abstract: This article contains the analysis of the issues of legal regulation of state domain as a form of ownership. The author of the article presents a multivariate analysis of the mentioned above legal institution. Special attention is focused on the study of the ownership of land and other natural resources.

Keywords: public, state, municipal, management, domain, property, right, form, law enforcement

Abstract: Administrative regulation of risks in a commercial bank must be based on an integrated structure of functions and responsibilities from the senior leadership to operators. Such a structure must cover all aspects of risks, especially market, credit and liquidity, operational and judicial risks as well as risks related to the bank’s reputation and personnel performance. This structure includes the Board of Directors as the final responsible body as well as committees, risk management and supervision departments. All of these departments should have very distinct and clear responsibilities and documentation.

Keywords: regulation, risks, bank, management, credit, diversification, policy, document, report, credit.

Abstract: Based on foreign and Russian researches the author of the article studies the problems of balance between private law and public law regulations of property relations with the participation of state institutions and municipal units. Special attention is paid at the spheres of administration of public domain, state and municipal procurements and expropriation.

Keywords: property, ownership, procurements, expropriation, state institution, municipal government, public, private, administrative law

Abstract: The article analyzes the need in creation of a unified legal basis for regulating the financial control as a condition of a financial safety of a state. The author of the article also describes certain problems appearing on a way to creation of such a unified platform.

Keywords: finances, financial control, national interests, financial safety, threats to financial safety

Abstract: This article is based upon analysis of the newest studies of famous American evaluation experts. It continues the line of economic interpretation of legislation and normative acts in the sphere of regulation of evaluation activity. The issue of awards and discounts, when establishing the fair cost is quite topical within the framework of reporting under IAS and GAAP by Russian companies. This article establishes important question and then the author offers some possible solutions.

Keywords: management, awards, discounts, evaluation, business, management, liquidity, government, action, discount, fair cost

Abstract: The article is devoted to the exclusive right of a state institution for organization of currency circulation as a principle of organization of government in the Russian Federation. It is concluded that existence of this principle is proved by the guarantee of funding the institutional power under any conditions, strengthening of state authority by the power of money as well asits authority when inflation processes are successfully regulated.

Keywords: state institution, principle, power, organization, currency, money, emission, circulation, inflation, authority.

DOI: 10.7256/2454-0595.2024.1.40454

Abstract: The purpose of the work is an administrative and legal analysis of customs monitoring, an experiment on which has been launched since April 3, 2023. The subject of the study is the institute of customs monitoring, which has an administrative and legal nature and acts as a measure ensuring customs control. The author highlights the features of the regulatory regulation of customs monitoring, conducted a comparative legal analysis of customs monitoring with other types of monitoring, in particular with tax monitoring. The paper identifies the time and subject limits of customs monitoring, gives a description of its information support Formal legal and comparative legal methods, the method of system analysis and analysis of normative legal acts were used as research methods. The result of the work was the analysis of the regulatory framework of the Institute of customs monitoring, the characteristics of its evolution, the allocation of influence on the regulation of customs monitoring of legislation on state control (supervision), tax legislation. The characteristics of the information support of customs monitoring by the customs authorities and the participants of the experiment are given, the circle of participants and the period of the experiment are determined, as well as the frequency of collecting information for customs monitoring. A special contribution of the author to the study of the topic is the positioning of customs monitoring as a measure ensuring customs control and aimed at solving fiscal problems of the state. Noteworthy is the conclusion about the incompleteness of administrative and legal regulation of the institute of customs monitoring, the limitations of its use.

Keywords: administrative procedures, preferences, fiscal functions, customs authorities, customs control, experiment, tax monitoring, customs monitoring, authorized economic operator, special mode

DOI: 10.7256/2454-0595.2024.1.69852

Abstract: The subject of the study is legal incentives that regulate customs legal relations and encourage subjects of foreign economic activity to behave lawfully. The object of the study is the social relations arising in the process of moving goods across the customs border of the EAEU, regulated by the norms of customs law. The subject of the study is the norms of law that encourage persons initiating the movement of goods and subjects of activity in the field of customs affairs to conscientiously comply with customs legislation and mutually beneficial cooperation with customs authorities. The relevance of the study is confirmed by the Strategy for the Development of the Customs Service of the Russian Federation until 2030, according to which the strategic goal of the development of the Federal Customs Service is the formation of a customs service that is invisible to law-abiding businesses and effective for the state. To achieve this goal, the guidelines for its achievement are outlined, including the creation of competitive advantages for bona fide participants in foreign economic activity and authorized economic operators who stimulate the development of foreign economic activity. General scientific research methods were used in the work, such as the method of system analysis and synthesis of scientific knowledge, the method of dialectical cognition, the logical method, as well as comparative legal and formal-logical methods. In the results of the conducted research, we formulate the following main provisions on legal incentives governing customs legal relations: 1. The role of legal incentives in customs legislation will increase, since the creation of competitive advantages for bona fide participants in foreign economic activity is one of the strategic goals of the Federal Customs Service until 2030. Stimulating norms make it possible to achieve mutual benefits for the state and business, therefore, the future belongs to them. 2. Legal incentives include: 1) obtaining a special status, since upon voluntary compliance with the conditions for inclusion in the special status register established by the customs legislation of the EAEU, a legal entity receives privileges inaccessible to persons without such status, the amount of which depends on the type of certificate received; 2) categorization of participants in foreign economic activity into risk levels (in essence, the scale of control measures applicable to them) depending on compliance with lawful actions beneficial to the state; 3) voluntary notification by the declarant (customs representative) of the fact of an offense committed by him before the customs authorities begin verification measures as an opportunity to be released from administrative responsibility.

Keywords: movement of goods, legal penalties, legal incentives, authorized economic operator, false declaration, risk categorization, legal restrictions, legal incentive, customs law, special simplifications

DOI: 10.7256/2454-0595.2013.2.62127

Abstract: The article represents the author’s approach to definition of the system elements in organizing the budgetary control in the Russian Federation. The elements are divided into theoretical and practical as well as into the elements forming the system and elements completing the system of budgetary control The author also underlines such elements as the federal budgetary control, regional budgetary control and municipal budgetary control.

Keywords: system, budgetary control, elements, federal budgetary control, regional budgetary control, municipal budgetary control, administrative law enforcement, theoretical elements, practical elements.

DOI: 10.7256/2454-0595.2016.3.15728

Abstract: The research subject is the range of legal and organizational problems of administrative regulation of state economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative regulation of public sector of the economy. The paper demonstrates the author’s positions on the concept of state regulation of the economy. The main attention is paid to the development of methods and methodology of administrative pressure on economic relations. The author analyzes the concepts of development of law and economics in the modern conditions. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology comprises the modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation, modeling), traditional methods of jurisprudence (forma logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure law and order in the economic sphere, it is necessary to improve forms and methods of administrative pressure on the public sector of the economy. The author claims that it is necessary to develop administrative regulation of the state economy. The novelty of the research lies in the proposals about the development of forms and methods of state regulation of the economy and about the provision of legal and organizational guarantees of legality in the Russian economy.

Keywords: economy, object, regulation, status, subject, state, pressure, authority, safety, budget, economy, object, regulation status, the state, the subject, impact, power, safety, budget

DOI: 10.7256/2454-0595.2016.3.67515

Keywords: economy, object, regulation, status, subject, state, pressure, authority, safety, budget, economy, object, regulation status, the state, the subject, impact, power, safety, budget

DOI: 10.7256/2454-0595.2013.3.62440

Abstract: The article is devoted to the legal issues of development of victim behavior that appears during entrepreneurial activity. The author of the article states that violations of law committed by entrepreneurs should not be considered as solely ‘economic’ crime, although 20 years ago criminologists did believe that economic crime included offence against property rights and business procedures.

Keywords: business, entrepreneurship, genesis, victim behavior, activity, crime, violation, delict, property.

DOI: 10.7256/2454-0595.2013.3.62441

Abstract: The article is devoted to the issues of bread industry during the second half of XIX- beginning of XX century in Russia. By studying archives of late XIX — early XX centuries the author could vividly picture the negative side of market regulation of bread industry that was due to the dominance of intermediaries who caused the collapse of peasant manufacturers and made a negative impact on all bread industry in general. Based on the analysis of legislation of the Russian empire back in those times, the author showed the attempts of Russian government to restrict extreme intermediation of loan — sharking trade. The author has shown how inefficient administrative regulation was and how it caused the need in solving those problems and strengthening of state interference in bread industry.

Keywords: trade, bread, grain, intermediary, speculative activity, loan-sharking, prohibition, punishment, peasant, manufacturer.

DOI: 10.7256/2454-0595.2016.4.15736

Abstract: The research subject is the range of legal and organizational problems of administrative-legal regulation of the Russian economy promotion. The author analyzes the concepts of legal regulation of economic relations from the position of administrative-legal regulation of both the public and the private sectors of the economy. The paper presents the author’s positions on the concept of state regulation of the economy. Special attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. The author analyzes the concepts of development of law and economics in the modern conditions. The paper demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements in epistemology. The author applies general scientific and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on the state and the private sectors of the Russian economy. The author states the necessity to develop administrative-legal regulation of the economy. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy and the creation of legal and organizational guarantees of legality in the Russian economy.

Keywords: measures, sector, state, administration, regulation, economy, promotion, entrepreneurship, property, business

DOI: 10.7256/2454-0595.2016.4.67625

Keywords: measures, sector, state, administration, regulation, economy, promotion, entrepreneurship, property, business

DOI: 10.7256/2454-0595.2015.4.14606

Abstract: The subject of research in the presented article is the efficiency of budget resources management. The objects of the research are the mechanism of budget expenditures management and the elements of the financial-legal status: authorities (competences); responsibilities; forms and methods of exercise of authorities; guarantees of exercise of authorities. The aim of this work is the formulation of the possibilities for improving of the mechanism of budget expenditures contol. The author considers the experience of budget resources management in unitary and federal states, the study of the concept of "financial and legal status" through the prism of the Russian legislation and theoretical studies, an overview of different opinions on the issue of budget expenditures management efficiency. Special attention is paid to the legal positions of the Constitutional Court of the Russian Federation towards the analyzed issue.The methodology of the research is based on the methods of cognition, such as the system analysis and synthesis, generalization, grouping, analogy and the specific methods like the monographic method, the statistical and economical, the calculation and constructive method.The novelty of the research lies in identification of the problems of the existing mechanism of budget expenditures management and suggestion of directions of its optimization. The specific contribution of the author is the synthesis of different perspectives and proposals on the issue of budget expenditures management efficiency and their presenting in the form of a strategy of work with budgetary funds. The practical significance of the research lies in the creation of science-based regulations, conclusions and recommendations for improving of budget expenditures management. The results of the research can be used by public authorities at all levels for the development of fiscal and social policy in order to increase the efficiency of on-budget expenditures and the quality of budget services.

Keywords: the sovereignty of regional budgets, government spending, efficiency, budget expenditures, financial and legal status, subjects of the Russian Federation, budgetary authorities, unitary state, local budgets, constitutional and legal status

DOI: 10.7256/2454-0595.2015.4.66310

DOI: 10.7256/2454-0595.2013.5.62702

Abstract: The article deals with the topical issues of organization of trade of surplus of grain in the 2nd half of XIX and early XX centuries within the historical aspect of Russian reality. The studies of archive documents and analysis of normative legal acts of the Russian Empire of 1881-1913 allowed the author to uncover the historical specific features of the Russian mechanism for the regulation of grain and bread trade, which was aimed to ensure the quality of bread. The author showed that inefficiency of existing market solutions caused the greater degree of state intervention into the bread trade.

Keywords: trade, export, bread, grain, classification, sorting, quality, price, stock exchange, control, middleman, commissioner, producer.

DOI: 10.7256/2454-0595.2014.6.12108

DOI: 10.7256/2454-0595.2014.6.64978

Abstract: The special economic zone is part of territory of the Russian Federation, which is defined by the Government of the Russian Federation, where there is a special regime for the entrepreneurial activities. Territory of a special zone is a part of an economic area, where a certain system of preferences and stimuli for the entrepreneurial activities is being applied. Special regime of entrepreneurial activities in the territory of the SEZ is manifested by provision to the SEZ residents of various preferences: customs (foreign trade), tax, financial (various forms of subsidies, which may be provided as lowered rent for the use of plots of land and production constructions, preferential credits, etc.), administrative (simplified procedures for the organization registration, simplified procedures for entry and leave of foreign citizens, etc.). The article reveals the definition of efficiency of functioning of the special economic zones (SEZ), providing various methods and markers for its evaluation. The article includes a retrospective analysis of the legal regulation process for the evaluation of efficiency of functioning of the SEZ. The author also pays attention to the efficiency results of the functioning of the SEZ in Russia for the period since they were formed to the current period. The study contains quantity and quality analysis, as well as a retrospective analysis of efficiency evaluation for the functioning of special economic zones. The author also evaluates the blocks of markers for budget, social, tax, economic efficiency of special economic zones. Analysis of functioning of the SEZ in Russia has shown a number of topical issues: 1. Lowering of the staff number in one of the largest SEZ of Industrial Production Type residents in Tatarstan due to the termination of its activities; 2. Lack of residents of the SEZ of Production type in Habarovsk region and Murmansk region; 3. Lack of approved plans for the development of the SEZ of the Tourist Cluster in the North Caucasian Federal District; 4. There are still unresolved issues as to the volume and sources of financing for the infrastructure objects necessary for the functioning of the SEZ of Tourist Recreation Type in the Primorsky region; 4. There is low average weighted value of efficiency of the functioning of the SEZ of Industrial Production Type in Ulyanovsk region; 6. There is a very low marker for the general territory of the land used by the residents of all of the SEZ, it is just 11 per cent. As a result of the efficiency analysis for the functioning of the SEZ and for the purpose of the improvement of this mechanism, the proposals are made for the amendments into the Rules for the Efficiency Evaluation of Functioning of the SEZ.

Keywords: special economic zone, efficiency, functioning of the SEZ, zone residents, efficiency evaluation markers, budget efficiency, social efficiency, economic efficiency, tax efficiency, financial efficiency, efficiency, SEZ administration.

DOI: 10.7256/2454-0595.2015.6.15385

Abstract: The article considers particular aspects of physical bodies bankruptcy as a special sphere of legal regulation reflecting the connection between law of substance and law of procedure. Special attention is paid to the procedure of bankruptcy and the Federal Law of 29 December, 2014 No 476-FZ inuring on 1 July, 2015. The author studies its positive innovations relating to physical bodies bankruptcy: consideration of bankruptcy declarations of citizens by the courts of general jurisdiction (bankruptcy cases of self-employed and former self-employed whose money obligations have appeared in the result of their entrepreneurship are considered by arbitrage), the possibility of debt restructuring, the possibility of amicable agreement with creditors. The author uses the following methods of research: the dialectical method of scientific cognition, the method of logical analysis and synthesis, the systems method, normative-logical analysis, the method of comparative jurisprudence. The author concludes that the formation of the institution of bankruptcy of citizens is dynamically developing. The positive moments of the Federal Law No 476-FZ are: introduction of the possibility of debts restructuring (with the plan of restructuring), the possibility of amicable agreement with creditors. For the purpose of bankruptcy case opening the personality of an insolvent including its legal capacity and status shouldn’t be a decisive factor. In bankruptcy cases over inherited property the debtor is an heir.

Keywords: physical body, debtor, court, debt restructuring, insolvency, failure, legal status, amicable agreement, bankruptcy proceedings, bankruptcy

DOI: 10.7256/2454-0595.2015.6.66569

Keywords: physical body, debtor, court, debt restructuring, insolvency, failure, legal status, amicable agreement, bankruptcy proceedings, bankruptcy

DOI: 10.7256/2454-0595.2015.6.15484

Abstract: The aim of the article is to reveal the compliance of Russian legislation and normative legal acts with the provisions of international documents regulating the openness and transparency of public finances management. On the base of the analysis the author reveals the provisions of Russian legislation which regulate the provision of the openness and transparency of public finances not clearly enough. The author offers certain specifications and recommendations which can raise the accessibility of information about financial operations of public and local authorities for the representatives of civil society. The author uses the systems approach, the logic method, the comparative analysis, induction and deduction. The conclusions and analytical materials of the research, characterizing the quality of legal provision of openness and transparency of public finances management in the Russian Federation, can be used for the purpose of raising of the budget openness index, calculated by the International Budget Partnership; activation of interaction between the state and civil society institutions; provision of openness and transparency of information about the activities of public institutions in the sphere of public finances management.

Keywords: quality of information, availability, fiscal area, civil society, legislation, government sector, transparency, public finances, openness, reliability

DOI: 10.7256/2454-0595.2015.6.66570

Keywords: quality of information, availability, fiscal area, civil society, legislation, government sector, transparency, public finances, openness, reliability

DOI: 10.7256/2454-0595.2015.6.15618

Abstract: In the present article the author examines the concept and purpose of audit of efficiency of on-budget expenditures, emphasizing the importance of this institution in modern economic conditions. Kolesnikov Y. A. agrees with a number of authors about the increasing role and potential of audit as a form of financial control, proposing to relate the concept of audit of efficiency of budget expenditures with the responsibility for inefficient use of budgetary funds. To this end, the author highlights the system of criteria of efficiency of government budget expenditures.The author uses the theoretical and special scientific methods of cognition: analysis, synthesis, the logical and dialectical methods, the method of comparative law, the method of expert evaluations. Generalizations and conclusions have been made. In the research process, the author states the need for development of the uniform criteria for assessment of the effectiveness of the audit of budgetary funds, as well as their allocation at the legislative level. He also focuses on the need for changes of the role of audit of efficiency of budgetary funds from an expert-analytical to a controlling one, and therefore at the end of the article the author proposes a number of legislative initiatives.

Keywords: budget expenses, State audit, criteria, financial control, audit, management, efficiency, budgetary funds, the role of audit, legislative initiatives

DOI: 10.7256/2454-0595.2015.6.66571

Keywords: budget expenses, State audit, criteria, financial control, audit, management, efficiency, budgetary funds, the role of audit, legislative initiatives

DOI: 10.7256/2454-0595.2016.7.18020

Abstract: The research subject is the system of legal norms and institutions regulating market competition on the local level in Russia. The research object includes social relations emerging in the sphere of economic activity between economic entities and local authorities. The author considers the basic categories of the competition legislation. Theoretical conclusions of the study form a complex understanding of the constitutional and municipal regulation of competition in Russia and lay the groundwork for its further studying. The research methodology is based on general scientific and specific methods of social processes cognition. The author applies the system-structural, comparative-legal, historical, logical and formal-legal approaches. They help study the problem in interconnection, integrity, objectively and comprehensively. The author uses the principle of unity of theory and practice, analyzes the legal principles in interconnection with economic, political and other social relations. The author analyzes the legislation, regulating the authorities of local governments in the sphere of entrepreneurship, reveals the drawbacks of legal regulation in this sphere, and offers the possible directions of broadening of powers of local governments in the sphere of competition protection. In the author’s opinion, it is necessary to grant more autonomy to local governments in the sphere of competition protection by means of the subsidiarity principle in the distribution of authorities.

Keywords: constitutional guaranteeing, constitutional regulation, municipal institutions, local budget, entrepreneurship , local authorities, subsidiarity principle, municipal law, reforming , market competition

DOI: 10.7256/2454-0595.2016.7.67944

Keywords: constitutional guaranteeing, constitutional regulation, municipal institutions, local budget, entrepreneurship, local authorities, subsidiarity principle, municipal law, reforming, market competition

DOI: 10.7256/2454-0595.2014.7.12222

DOI: 10.7256/2454-0595.2014.7.65174

Abstract: The article provides analysis of the problems of contents, elements and normative legal guarantees of financial state policy. The author points out the forks in the legislation regulating the issues of its formation and implementation. The author analyzes the goals of financial state policy, as provided for in the official documents, and then she provides generalized analysis. When analyzing the goals of financial policy the author pays special attention to the opinions of authoritative Western scholars. It allows to analyze the possibilities for the adaptation of the established goals to the Russian reality and to establish the level of their implementation. The multi-aspect character of the scientific object of studies required the combination of the dialectic and analytic cognition methods. The research involved logical approach, analysis and synthesis, method of graphic images, allowing for a comprehensive analysis of the said problem. As a result of the analysis of documents, directly or indirectly reflecting the financial policy of the state, the author notes, firstly, the need to provide at the legislative level for all key definitions, through definitions and categories, which are used in science and practical work. Secondly, she notes the need to coordinate goals and purposes of financial, budget and tax policy in a way which would exclude double regulation and ambiguous interpretations. Thirdly, there is need to formulate goals and aims of tax and budget policy in such a way so achieving these goals would facilitate implementation of the goals of the state financial policy.

Keywords: financial policy of the state, goals of the financial policy, targets of financial policy, tax policy, budget policy, financial relations, legislation, forks, public benefits, economic stabilization.

DOI: 10.7256/2454-0595.2014.7.12294

DOI: 10.7256/2454-0595.2014.7.65175

Abstract: The article is devoted to the analysis of one of the directions of the Russian international innovation cooperation, namely, interaction with the World Bank. The author concentrates on the substantiation of importance of integration of Russia into the efforts of the Bank in the sphere of promotion of knowledge and experience, which it has accumulated in the sphere of facilitating development of national innovative systems. Special attention is paid to the studies of the promotion policy of the World Bank for the innovative development of Russia within the context of due regard for the priorities of national innovative, social and economic policy. The article studies the forms of innovative cooperation and its institutional organization. Special place is provided to the characteristics of the expert activities of the Bank as an independent evaluator of the shortcomings of the Russian innovation policy. The author also pays much attention to the studies of the regional policy of the Bank in the sphere of innovations and application of its cluster policy in the Russian conditions. The author provides an overview of the results of innovative projects implementation. The article is based upon the comprehensive studies of the strategic documents, which serve as the basis for the cooperation between Russia and the Bank in the said sphere. The author also uses comparative method for characterizing, firstly, the stages of cooperation, and secondly, for revealing the possible perspectives. In addition the analysis structure involves use of the “knowledge base” concept and its implementation in the process of innovative cooperation between the Bank and Russia. The scientific novelty of the article is due to the systemic analysis of interactions between Russia and the World Bank in the sphere of innovations at the level of project activities and expert consultative activities. Based upon the analysis of current and planned projects the author draws a conclusion on the presence of an innovative elements in many of them. The article singles out the multi-sector approach of the Bank to the innovation development, which corresponds to the interests of Russia, involving innovative development of all of the social spheres. The author concludes that one of the perspectives of the said cooperation is the possibility for Russia to become an international donor for the organization of innovation development.

Keywords: international innovation cooperation, World Bank, innovative system, innovative community, expert activity, innovative projects, cluster policy, competitiveness, diversification of economics, human capital.

DOI: 10.7256/2454-0595.2016.8.18306

Abstract: The paper studies the problem of legal regulation of small business in the Russian Federation. Based on the analysis of the current legislation and the comparison with crisis transformations, the authors suggest amending the Federal Law “On audit activities” in order to unify the accounting requirements for small businesses. The reasonability and topicality of the forthcoming changes result from small businesses auditing. The research methodology is based on the recent achievements in epistemology. The authors apply theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods and the methods of special sociological research. The authors conclude that it is necessary to reconsider the amount of sale proceeds (sale of goods, work delivery, rendering of services) for the period preceding the accounting one, and the amount of balance sheet assets, as at the end of the year preceding the accounting one, from the position of relation of the business subject to the category of organizations subject to mandatory audit, and to introduce changes which will promote the development of small and medium business.

Keywords: small business, taxes, simplified procedure, mandatory audit, business, legal entity , auditing, accounts, income, economic development

DOI: 10.7256/2454-0595.2016.8.68032

Keywords: small business, taxes, simplified procedure, mandatory audit, business, legal entity, auditing, accounts, income, economic development

DOI: 10.7256/2454-0595.2013.7.62974

Abstract: The article includes analysis of the views of scientists and politicians of two opposite mindsets in the modern Russian legal studies. The first direction, which is currently leading in the modern Russian legal studies, is a liberal (“orange”) mindset, and the second includes the elements of the new national state attitude, which comes through in the conditions of liberal dictatorship and manipulations with the public conscience.

Keywords: liberal mindset, development of the new discourse, change of model of economic development, national state, second stage of codification of Russian legislation.

DOI: 10.7256/2454-0595.2016.9.18610

Abstract: The article analyzes the evolution of antitrust law of the USA. The authors consider the Sherman Act, the Clayton Act, the Robinson-Patman Act and other laws which form the basis of the modern antitrust legislation of the USA. The authors enumerate the bodies responsible for antitrust regulation. The article contains the conclusion that the successful experience of the USA in the sphere of antitrust regulation can be used in Russia, particularly, in relation to preventive measures. The authors carry out the comparative-legal study of antitrust legislation of the USA and Russia. The authors apply the historical method (to study the retrospective of antitrust legislation of the USA) and the comparative-legal analysis (when comparing American and Russian legislation). The scientific novelty of the study consists in the analysis of American experience in the sphere of antitrust regulation and the possibility to use it in Russia. The authors conclude that it would be reasonable to use American experience in the sphere of preventive institutions in Russian system of antitrust regulation, broadening of powers of antimonopoly service and globalization of antimonopoly legislation.

Keywords: USA, antimonopoly regulation, Federal antimonopoly service, Antitrust division, Federal Trade Commission, Antitrust law, antimonopoly law, International Competition Network, Sherman act, Clayton antitrust act

DOI: 10.7256/2454-0595.2016.9.68115

DOI: 10.7256/2454-0595.2016.9.18732

Abstract: The research subject is the modern mechanisms of administrative activities of customs bodies in the context of 1.6 times decrease in customs payments. The author analyzes the steps taken by customs authorities to increase the customs payments collection rate. The author pays attention to the inefficiency of inspections, the increase of their number, the fact that inspections are carried out in the spheres which have lost their importance and are not effective. The paper contains quantitative and qualitative analysis of the results of inspections upon the release of goods. The research methodology is based on general scientific and theoretical methods. The author applies the system approach, modeling and statistical data comparison. To assess the effectiveness of customs bodies management, the author applies the Pareto principle. The author carries out the system analysis of customs bodies’ activities in the context of the decreased foreign trade and the amounts of customs payments. The author proposes to improve customs bodies’ activities in those spheres where the maximum results can be achieved: the strengthening of customs stations via debureaucratization of customs and departments, abandoning old and inefficient control activities in favor of selective customs control based on the risks management system, and the reduction of customs tariff.

Keywords: risks management system, effectiveness , control activity, customs inspection, customs stations, debureaucratization , adaptation, Pareto principle, customs payments, customs law

DOI: 10.7256/2454-0595.2016.9.68116

Keywords: risks management system, effectiveness, control activity, customs inspection, customs stations, debureaucratization, adaptation, Pareto principle, customs payments, customs law

DOI: 10.7256/2454-0595.2014.8.11985

DOI: 10.7256/2454-0595.2014.8.65267

Abstract: The article concerns topical problems of organization of agricultural trade in the condition of freedom of entrepreneurship within the framework of the historical aspect of the Russian reality in the 2nd half XIX — early XX centuries. The object of studies involves the process of purposeful influence of the state upon the relations in the sphere of trade in flax and hemp with the help of legal norms, as provided for in the legislative acts of the 2nd half XIX and early XX centuries, as well as the legal relations themselves. The chronological framework of the study involve the period starting from 1881 to 1913, as the time when the Great Bourgeois reforms were over and the free trade developed within the “freedom of trades” principle. At this period of time the Government of the Russian Empire has once again paid attention to the need for the public interference of the state into the flax and hemp trade in order to resolve the most acute of its problems. Analysis of normative legal acts and studies of the archive documents of the Russian Empire, which are brought by the author into the scientific turnover for the first time, have allowed to single out the historical specificities of the Russian mechanism of legal regulation of trade in flax and hemp. The author discusses its main agenda, among which the central place was held with the fight with the falsifying these goods, the author analyzed the measures aimed at the resolution of these problems and conclusions are made regarding their efficiency level.

Keywords: legal regulation, trade, flax, hemp, falsification, export, quality, price, supervision, seller, producer, intermediary, law, circular regulation.

DOI: 10.7256/2454-0595.2013.8.63126

Abstract: The article concerns theoretical issues regarding limitations to prosecutor, as well as the conditions defining the limitations to the supervision over the compliance to laws in the sphere of entrepreneurial activity. The article presents the analysis of existing scientific views on this issue. The article also contains analysis of topical issues regarding interaction between prosecution and specially empowered state controlling structures.

Keywords: prosecutor, prosecutor supervision, limits to prosecutor supervision, entrepreneurial activity, compliance to law, supervision function, controlling bodies, state control, protest, petition, warning, protocol, case, risk, activity, profit.

DOI: 10.7256/2454-0595.2014.9.12877

DOI: 10.7256/2454-0595.2014.9.65446

Abstract: The article provides comparative characteristics of the administrative supervision bodies in the constituent subjects of the Russian Federation. Additionally, the author provides historical analysis of administrative supervision bodies, providing substantiation for differentiation of the terms \"control\" and \"supervision\". The need to guarantee compliance with the generally obliging rules provided by legislation and other normative legal acts by all of subjects of law at any time whatever an existing political and state systems are, requires formation of specialized state bodies and provision to them of the relevant competence. The studies involve examples of administrative supervision bodies in the constituent subjects of the Russian Federation, namely Nizhegorodsky region, Republic of Altai, Republic of Udmurtia, etc. Control and supervision form one of the main functions of a state, and they are aimed at guaranteeing strict compliance with the legislation and its reasonable application within the framework of law. Control and supervision are complicated state mechanisms, involving systems of various components, their tuning requires quality theoretical background. Currently the system of administrative supervision bodies in the Russian Federation is formed with executive bodies of various nature.

Keywords: control, supervision, management, administrative supervision, constituent subject of the Russian Federation, Nizhegorodsky region, characteristics, administrative supervision body, inspection, prosecutor supervision.

DOI: 10.7256/2454-0595.2015.10.16397

Abstract: The subject of the article is the range of legal and organizational problems of administrative-legal regulation of financial control. The author carries out theoretical and legal analysis of the federal legislation which characterizes jurisdictional authorities of control and account bodies of external public audit (control); the elements of this legislation don't conform to each other from the viewpoint of application of budget measures of coercion and the possibility to reveal, prevent and impose administrative liability for administrative offences in the public finance sphere. The opportunity from July 2013 to apply fiscal measures of coercion, to draw up a Protocol of administrative violation and to pass it to special departments of Executive authorities or courts, does not provide the full special administrative-jurisdictional status of the Chamber of Accounts of the Russian Federation and control and account bodies of Russia's regions. The article substantiates the need to improve federal legislation in order to achieve harmonization of coercive measures in the public sector and the authorities of external public audit bodies contained in the Budget Code of the Russian Federation and the Code of administrative offences. The methodological basis comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation and modeling), the traditional-legal methods (formal-logical), and special sociological methods (the statistical methods, expert assessments, etc.).The author concludes that at present it is necessary to amend the legislation on control and account bodies with such principles of activity as planning and efficiency, responsibility, coordination of actions with other bodies of financial control, officials' competency and information transparancy. The article presents the author's position on the increase of the period of limitation for administrative liability imposition in the sphere of public finance. The author comes to the conclusion about the necessity to provide control and account bodies with the right to consider administrative cases in budget sphere.

Keywords: the chamber, revision, auditor, the subject, violation, budget, coercion, responsibility, system, the law

DOI: 10.7256/2454-0595.2015.10.66964

Keywords: liability, coercion, budget, violation, subject, auditor, revision, Chamber of Accounts, system, law

DOI: 10.7256/2454-0595.2015.10.16480

Abstract: The subject of the research is a subzone of a special economic zone in the USA. The model of a special economic zone in the USA has been improving for 80 years, and it is one of the best in the world. The institution of a subzone is of a special scientific and practical interest since it gives the opportunity to apply this regime not only to a territory, but also to an enterprise (industrial complex). The author studies one of the main judicial precedents which had defined the main features of a subzone and influenced their widespread use in the USA. Along with general and specific methods of scientific cognition, the author applies the comparative-legal method which allows defining the main features of this institution, typical for different legal systems. The necessity to discuss the possibility of use of subzones is undoubtful since the existing Russian model of a special economic zone doesn’t provide the opportunity to take an active position in the global economic system. The author suggests using the American model as an example. As the subzone’s status is granted mainly to enterprises (industrial complexes), any enterprise which is not a part of a special economic zone can use the preferences and privileges of a “common” special economic zone and develop production. This issue should be studied and considered not only from the viewpoint of foreign economic activity regulation, but also from the viewpoint of administrative, municipal and customs law.

Keywords: foreign trade zone, subzone, precedent, international trade, judgement, international treaty, industry, operating, LASH transportation, custom duties

DOI: 10.7256/2454-0595.2015.10.66965

Keywords: industry, international treaty, judgement, international trade, precedent, subzone, special economic zone, management, lighter transportation, custom duties

DOI: 10.7256/2454-0595.2013.11.9912

DOI: 10.7256/2454-0595.2013.11.63396

Abstract: The article is devoted to the issues of establishing the definition of budget expenditures based on their substantive elements. The author notes that the Budget Code of the Russian Federation does not use the definition of budget expenditures; instead it uses “expenditures of budgets”. Semantically speaking, the contents of these terms differ, since budgetary expenditures include all payable budget obligations accepted for performance according to the procedure established by law. Expenditures of budgets point out only the element of certain monetary funds being recognized as belonging to budgetary funds. The main elements of budgetary expenditures are the following: they form a public category, they generally are not returned, they do not form and do not discharge financial claims; they are provided by the state continuously; they are a budgetary law category, reflecting economic relations related to distribution and use of centralized monetary funds regulated by legal norms. The article also includes analysis of the key doctrinal definitions of budgetary expenditures, and the author offers his own definition of this category.

Keywords: budget, state expenditures, municipal expenditures, budget expenditures, expenditures of budget, the Budget Code of the Russian Federation, budget holder, monetary funds, budget obligations, budgeting.

DOI: 10.7256/2454-0595.2015.11.15371

Abstract: The article focuses on the legal and organizarional problems of administrative and legal regulation of the modern economy. The author carries out the theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of public and private sectors. The article considers the author's positions on the concept of government regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. In addition, the article presents a theoretical and legal analysis of the concepts of law and economics development in the modern conditions. The article demonstrates the author's position on the interpretation and legal regulation of these categories. The methodological basis is composed of the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), as well as the methods used in the concrete sociological research (statistical methods, expert assessment, etc.). The author concludes that at present in order to provide legality in the economic sphere it is necessary to improve the forms and methods of administrative-legal impact on the state and private sectors of the Russian economy.The main contribution of the author is the statement about the necessity to develop administrative-legal regulation of the economy. The novelty of the article lies in the proposals about the development of forms and methods of state regulation of the economy, and the creation of legal and institutional guarantees of the rule of law in the Russian economy.

Keywords: right, economy, regulation, doctrine, economic, the state, law, methodology, the concept, administration

DOI: 10.7256/2454-0595.2015.11.67081

Keywords: methodology, law, state, economic, doctrine, regulation, economy, right, concept, administration

DOI: 10.7256/2454-0595.2015.11.16753

Abstract: The author discusses the national concept of a special economic zone (foreign-trade zone) in the USA. Special attention is paid to the preconditions of development and implementation of a uniform model of special economic zones on the state level. The author analyzes the main factors which have influenced the change of the concept and lead to the dramatic increase of popularity of foreign-trade zones among the participants of foreign-trade activity. The author characterizes both normative and institutional mechanisms of implementation of the concept of a special economic zone, paying special attention to the so-called policy of neutrality of the US Customs and Border Service. Along with the general and special scientific methods of cognition the author applies the comparative-legal method which allows the author to carry out both a synchronous and a multilayer comparison: normative and functional. The author concludes that a successful functioning of the foreign-trade zones program in the USA can be explained by the simplicity of the procedure of their creation. The key factor of the efficiency of foreign-trade zones in the USA is the attention of the legislative authority. The annual congressional hearings of this problem allow the legislators to efficiently react to the changes in the world economy, the external and internal trade, and the population employment.

DOI: 10.7256/2454-0595.2015.11.67082

Keywords: management, institutional mechanism, normative mechanism, international trade, subzone, foreign-trade zone, special economic zone, custom duties, national budget, employment

DOI: 10.7256/2454-0595.2013.12.9853

DOI: 10.7256/2454-0595.2013.12.63629

Abstract: The modern Russian economy is a large-scale national economy based on market principles, where the state holds the leading role. While implementing its social and economic policy, the state provides its executive bodies with the competence in relevant spheres. In accordance with the requirements of the Constitution of the Russian Federation, the state is obligated to form social and economic means for the improvement of living standard and well-being of every citizen, and to accumulate material resources in order to implement its main goals and functions. An important role in this process of implementation of state goals and function is played by the customs bodies. The article contains analysis of administrative legal forms, means and methods, which are applied by the customs bodies of Russia in the sphere of their economic activities, as well as methods and means applied by the customs bodies of Russia in the sphere of economic activities. The author also provides her own definition of “administrative legal regulation”, refers to the goals of state regulation of an economy, forms of economic activities of the customs bodies, as well as theoretical and legal analysis of forms, means and methods of administrative legal regulation of economic activities of the customs bodies, and the article also contains relevant conclusions.

Keywords: state, customs bodies, economy, administration, regulation, scheduling, forms, methods, supervision, control.

DOI: 10.7256/2454-0595.2015.12.15304

Abstract: The article focuses on legal and organizational problems of administrative and legal regulation of banking in the modern socio-economic realities. The author carries out theoretical and legal analysis of the concepts of bank and the Central Bank from the position of administrative-legal regulation of banking in Russia. The article presents the author's positions on the concept and functions of the Central Bank. The main attention is paid to the development of methods of administrative and legal impact on the entities involved in banking. In addition, the article presents theoretical and legal analysis of functions of the banking system as a form of administration of banking operations by the Bank of Russia. The article demonstrates the author's positions on the interpretation and legal regulation of these categories. The methodological basis of the article comprises recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), as well as the methods used in special sociological researches (statistical methods, expert evaluations, etc.).The author concludes that recently, in order to provide legality in the banking system, it is necessary to improve forms and methods of administrative-legal impact on commercial banks and other lending agencies on the part of the Central Bank of the Russian Federation. The main contribution of the author is the conclusion about the need for development of banking law in its public component. The novelty of the article consists in the proposals for the development of forms of regulatory activity by the Bank of Russia and the establishment of legal and institutional guarantees of legality in the banking system of our country.

Keywords: the Bank, credit, organization, the regulator, right, function, impact, Finance, money, treatment

DOI: 10.7256/2454-0595.2015.12.67147

Keywords: money, finance, impact, function, law, regulator, organization, credit, Bank, circulation

DOI: 10.7256/2454-0595.2015.12.15400

Abstract: The subject of the article is a range of legal and organizational problems of administrative-legal regulation of the modern economy. The author carries out theoretical and legal analysis of concepts of legal regulation of economic relations from the position of administrative-legal regulation of both the public and the private sectors of the economy. The main attention is paid to the development of methods and methodology of administrative-legal impact on economic relations. Moreover, the author carries out theoretical and legal analysis of the concepts of development of law and economics in modern conditions. The article presents the author’s positions on the interpretation and legal regulation of these categories. The methodology of the research is based on recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal-logical) and the methods used in special sociological research (statistical methods, expert assessments, etc.). The author concludes that at present, in order to provide legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on the public and the private sectors of the Russian economy. The main contribution of the author is the conclusion about the need for development of administrative-legal regulation of the economy. The novelty of the article consists in the proposals about the development of forms and methods of government regulation of the economy and the provision of legal and organizational guarantees of legality in the Russian economy.

Keywords: the principle, economy, economic, space, regulation, implementation, freedom, control, competition, monopoly

DOI: 10.7256/2454-0595.2015.12.67148

Keywords: freedoms, implementation, regulation, space, economic, economy, principle, control, competition, monopoly

DOI: 10.7256/2454-0595.2014.12.13494

DOI: 10.7256/2454-0595.2014.12.65807

Abstract: Empowering business entities is one of the key problems of developing competition on various products markets unitary enterprises of different levels receive certain preferences from the government, thus obtaining full control over their respective product markets without making any effort to create a high-quality product that the consumer needs. However, starting with the first attempts to reform the public and municipal property management system made in 1999, the situation has not changed much. Currently, in order to increase the competition and to create equal opportunities for all the business entities, it is necessary to abolish such entities, except certain specific sectors access to which must be limited for the country’s security reasons. To do that, it is necessary to make the required changes to the legislation because for over twenty years the work of such companies did not just low down the economic development but also resulted in significant violations of the constitutional provisions on the support of competition and prevention of economic activities aimed at monopolization and bad-faith competition. The methodological basis for this research is made up from general scientific and specific scientific methods of research in to social processes. In this research, the author used the systematic and structural, comparative legal, historical, logical, formal legal approaches, their application enabled the author to examine the above problem in its entirety, comprehensively and objectively. Despite the reducing number of such enterprise, at this time the number of violations of anti-monopoly laws by such entities has grown. The sectors where their influence was especially negative are utilities, transport and public parks and gardens, personal and consumer services, funeral arrangements, i.e. the sectors which require obtaining approvals and permits. Up until now, the inefficient management of the public and municipal assets by unitary enterprises prevents private entities from entering certain markets.