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MAIN PAGE > Journal "Finance and Management" > Rubric "The science of financial law "
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. 
Arzumanova L.L. - The Concept of Money in Finance Law pp. 51-71

DOI:
10.7256/2409-7802.2016.1.16162

Abstract: The subject of the present research article is the questions related to the legal and financial nature of money. To start with, the author underlines that the concept of money has been studied in economics and civil jurisprudence. In the course of studying the money concept, the author analyzes the basic provisions of the Civil Code of the Russian Federation, doctrinal positions of the leading specialists in the spheres of finance law and banking law and money as the legal financial category. The author of the article offers her own definition of money as an information carrier enshrined in statutory and regulatory enactments. Based on the latter, money acquires the paying function. The research methods used by the author include historical, analytical and empirical methods. In her research Arzumanova studies views and positions of different authors. The novelty of the research is caused by the fact that the author offers her own approach and definition of money from the point of view of finance law provisions. In particular, she defines money as the category of finance law, i.e. information carrier (monetary, papery, electronic, etc.) fixed in legal laws and regulations which gives it the paying power, the latter being expressed in the number of monetary units stated on money and revealing its function to carry information. 
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