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MAIN PAGE > Journal "Finance and Management" > Contents of Issue № 02/2018
Contents of Issue № 02/2018
The science of financial law
Maslii A.I. - Regarding the Definition, Legal Nature and Purpose of Customs Duty pp. 1-12

DOI:
10.25136/2409-7802.2018.2.25755

Abstract: This research is devoted to existing academic approaches that offer definitions and describe purposes of 'customs duty' (including those that were formed in the pre-revolutionary period) as well as positions of scientists regading the legal nature of customs duty. The need to understand and systematize views on the matter is caused by the legal reforms that have been made recently as well as The Customs Code of the Eurasian Economic Union that came into effect on January 1, 2018 and made amendments to the previous process of legal regulation thereof. In the course of the research the author has used a combination of different methods that related to both overall and specific research methods. These methods combined have allowed to achieve the research objectives and obtain necessary results. Based on the results of the research, the author has made a number of conclusions that allowed to extend current concepts and views on the customs duty. The author proves that customs duty is not a payment for imported goods or payment for creation of such a right but also a payment for actions committed by a customs authority. The main conclusion of the research that brings forth the scientific novelty and rationale of the research is that customs duty payment cannot be viewed as a necessary condition for import of goods but should be regarded as a payment for release of goods in accordance with the customs procedure the payment is subject to. Based on the aforesaid conclusions, the author offers a definition of customs duty and suggests what changes should be made in applicable legislation. 
Financial regulation
Kasyanov R.A. - MiFID II: Regulation of Financial Trading Facilities in the EU pp. 13-21

DOI:
10.25136/2409-7802.2018.2.26067

Abstract: The article is devoted to important changes happening on the global financial market. Based on a particular example of financial regulation, the author of the article examines the process of improving the legal basis of the single European financial market. He notes that the common legal framework of the European Union is extended not only extensively but also intensively due to implementation of new kinds of trading in the financial sphere. The author analyzes the main kinds of trading facilities, in partciular, regulated markets, multilateral trading facilities, and organised trading facilities taking into account the second 'Markets in Financial Instruments Directive' (MiFID II) and 'Markets in Financial Instruments Regulation' (MiFIR). In the course of his analysis Kasyanov has used general and special research methods such as analysis and synthesis, generalisation, comparison, historical and systems approaches. In conclusion the author notes that according to MiFID II organised trading kinds being viewed in this article are in fact trading facilities and thus subject to the provisions of MiFID II and MiFIR. New laws and guidelines are supposed to bring regulation of multilateral trading facilities (MTF) to an advanced level and fill in the gap in regulation of organised trading facilities (OTFs). 
Accounting and standards for financial statement
Osina D. - Consequences of Voluntary Calculation of Tax Additionally Payable to the Budget in Case of Overpayment pp. 22-26

DOI:
10.25136/2409-7802.2018.2.26143

Abstract: The article is devoted to the question about whether it is possible to hold a taxpayer liable pursuant to Article 122 of the Tax Code of the Russian Federation in case of a taxpayer having a sufficient sum of tax overpayed at the moment of an amended tax return being submitted. The author also focuses on drawing up an act and making a decision based on tax inspection results. The author analyzes Clause 20 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 57 of July 30, 2013 and related issues. The article is based on the analysis of the provisions of the Tax Code of the Russian Federation, systematization of law-enforcement practice using general research methods (analysis and synthesis) and special research methods (legalistic and comparative law methods). The scientific novelty of the research is caused by the fact that the author analyzes and systematizes particular issues and law enforcement practice associated with voluntary calculation of tax additionally payable to the budget in case of overpayment. Based on the research results, the author makes the following conclusions that can be put to practice: whenever there is an amended tax return sufficient to make credit for additionally accrued tax at the moment of voluntary submission of a tax return, it is possible to apply Subclause 1 of Clause 4 of Article 81 of the Tax Code of the Russian Federation to be relieved from payment; if tax audit results demonstrate that there is no tax owned but overpayed and the sum of tax overpayed is sufficient to make a credit for additionally accrued tax, then there are no grounds for bringing a taxpayer to liability; and to hold a taxpayer liable it is necessary to establish a cause-and-effect relationship between understatement of tax for a particular tax period and cutting off tax overpayment that has been held in the budget since the due date for tax payment till the date of decision made on the basis of tax audit results.
Taxation of organizations
Steshenko Y.A. - Present-Time Institutional Constraints of Tax Incentives When the Latter Prevent the Economic Growth pp. 27-42

DOI:
10.25136/2409-7802.2018.2.26520

Abstract: Efficient tax incentives are supposed to contribute to the economic growth in long-term and short-term perspectivbes. In this research Steshenko analyzes institutional constraints of tax incentives, in particular, susceptibility of an economic sector to tax incentives; the fact that tax incentives are constrained by budget losses as a result of falling out tax revenues ('tax expenses'); vertical (sectoral) orientation of tax incentives; competence of tax authorities to evaluate the final results when granting tax benefits. The author in detail describes each constraint from the point of view of the way it affects the economic growth. In the course of his research the author has applied economic statistical, historical logical, comparative and restrospective analysis methods as well as the systems approach to studying economic phenomena and processes. The author makes theoretical provisions about the essense and role of the motivating function of taxes in terms of institutional constraints of tax incentives that prevent the economic growth (susceptibility of an economic sector to tax incentives; the fact that tax incentives are constrained by budget losses as a result of falling out tax revenues ('tax expenses'); vertical (sectoral) orientation of tax incentives; competence of tax authorities to evaluate the final results when granting tax benefits) and makes recommendations regarding adapting of tax incentives to aforesaid constraints for the purpose of boosting the economic growth. 
Economic control and management
Matuzova M.S. - Particular Features of the Financial Control Model for Municipal Unitary Enterprises pp. 43-50

DOI:
10.25136/2409-7802.2018.2.26142

Abstract: Under modern market conditions there is a sharp need to develop an efficient system of financial control over municipal unitary enterprises that would take into account not procedural and institutional specifics of enterprises but also their social importance for a municipal unit. The subject of this research is the model of financial control over municipal unitary enterprises. In her article Matuzova describes particular features of internal, departmental and external financial control and emphasizses the poorly organized interaction between those. The author pays special attention to defining a set of targets and functions of each level of financial control. The methodology of the research is based on the systems approach that allows to view financial control as a combination of interrelated elements, analysis and synthesis methods, and graphic modelling. As a result of the research, the author concludes that the financial control process activates mostly supervisory functions while internal and external kinds of control bear mostly an analytical purpose. Departmental financial control of municipal unitary enterprises is viewed by the author as a 'conditionally internal' control that combines features of both internal and external control.
Financial markets
Tishko R.V. - Managing the Market Capital Structure as an Instrument of Equity Financing of a Public Company pp. 51-61

DOI:
10.25136/2409-7802.2018.2.25876

Abstract: Within the framework of the present research, Tishko examines the market mechanism of the relationship between the company value and approaches to managing the market capital structure in Russia. The researcher defines and explains the grounds for essential trends in the business value as a result of approaches that are used to manage the market capital on the stock market. The author gives recommendations and particular strategies that can be used to increase the transparency of the market pricing of emitter's equities through increasing and maintaining a stable high level of the share of freely negotiable equities as well as recommendations regarding securities portfolio building. Within the framework of this research, the author has carried out the qualitative and quantitative analysis (the latter being carried out using the MS Excel application) that demonstrate the dynamics of the aforesaid indicators for the period since 2008 till 2017. The results of this calculation completed with the further empirical analysis of the results conclusively prove that the methods of managing the market capital structure offered by the author of the article are quite applicable to predict both the investment profitability from the side of potential investors and current stockholders, and benefits an emitter may receive from equity financing in the long-term perspective.
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