DOI: 10.7256/2454-0765.2015.4.16384

Abstract: The current legal regulation often has incomplete definitions of statutes or institutions. This creates a problem with the legal provisions and rights of parties involved. One of such unclearly defined institutions is tax liability which both theoretically and legally presented without a clear definition of whether it has a financial law, administrative or independent nature. Administrative law researches usually view tax liability as having an administrative nature, financial law researches see it as having the financial legal  nature. The author of this article also tried to find out what kind of criteria used in the studies are insufficient or false initially and do not lead to correct conclusions. To achieve the aim of the research the author has used private and general scientific methods of research, in particular, logical, formal and legal, comparative, systems approaches. As a result, the author has come to the conclusion that it is possible to consider tax liability as a kind of administrative responsibility envisaged by the norms of the tax law. He substantiated the criteria that can guide the definition of the essence of responsibility and legislative regulation of the liability provisions. The research will be useful for correcting the legal provisions regarding the definition of the legal nature of liability in the are of taxation.

Keywords: fiscal responsibility, financial responsibility, administrative responsibility, tax law, administrative law, the legal nature of responsibility, the essence of responsibility, criteria for allocation of responsibility, the principle of expediency of the regulation, the legal quality of laws

DOI: 10.7256/2454-0765.2015.4.67467

Abstract: The current legal regulation often has incomplete definitions of statutes or institutions. This creates a problem with the legal provisions and rights of parties involved. One of such unclearly defined institutions is tax liability which both theoretically and legally presented without a clear definition of whether it has a financial law, administrative or independent nature. Administrative law researches usually view tax liability as having an administrative nature, financial law researches see it as having the financial legal  nature. The author of this article also tried to find out what kind of criteria used in the studies are insufficient or false initially and do not lead to correct conclusions. To achieve the aim of the research the author has used private and general scientific methods of research, in particular, logical, formal and legal, comparative, systems approaches. As a result, the author has come to the conclusion that it is possible to consider tax liability as a kind of administrative responsibility envisaged by the norms of the tax law. He substantiated the criteria that can guide the definition of the essence of responsibility and legislative regulation of the liability provisions. The research will be useful for correcting the legal provisions regarding the definition of the legal nature of liability in the are of taxation.

Keywords: legal quality of laws, principle of expediency of the regulation, criteria for allocation of responsibility, fiscal responsibility, financial responsibility, administrative responsibility, tax law, administrative law, legal nature of responsibility, essence of responsibility.

DOI: 10.7256/2454-0765.2015.4.16732

Abstract: The subject of the research is the legal and financial literacy in the member states of the Eurasian Economic Union, first of all, state officials and intergration authorities officials as the factors of interstate intregration into the Eurasian Economic Union. Legal and financial literacy are viewed by the author as the interdependent elements of the integratino process; their parallel development forms the integration legal awareness of citizens, which, in its turn, contributes to the efficient interstate intregration, most of all, in the financial and legal spheres. Combined development of the legal and financial literacy is performed, in particular, by such social institutions as the financial courts, financial mediators and financial ombudsmen. The methodology of the research is based on the principle of methodological pluralism implemented through using the integrated approach, systems approach, comparative method and technical legal method. Research novelty and conclusions: the novelty of the authors' research solutions is caused by the fact that they have conducated the topical and comprehensive study of the main trends in modern integration processes. In their research the authors conclude that legal and financial literacy plays an important role as ideological factors intensifying the process of integration into the Eurasian Economic Union. They also emphasize the importance of the contribution of the institution of financial ombudsman into the development of legal and financial literacy. The results of the research are presented in the form of recommendations on synchronizing measures aimed at increasing legal literacy and financial literacy in the countries of the Eurasian Economic Union and including these measures into the integration processes of the Eurasion Union. The results of the research can be used by institutions training specialists for supernational bodies of the Eurasian Economic Union. 

DOI: 10.7256/2454-0765.2015.4.67491

Abstract: The subject of the research is the legal and financial literacy in the member states of the Eurasian Economic Union, first of all, state officials and intergration authorities officials as the factors of interstate intregration into the Eurasian Economic Union. Legal and financial literacy are viewed by the author as the interdependent elements of the integratino process; their parallel development forms the integration legal awareness of citizens, which, in its turn, contributes to the efficient interstate intregration, most of all, in the financial and legal spheres. Combined development of the legal and financial literacy is performed, in particular, by such social institutions as the financial courts, financial mediators and financial ombudsmen. The methodology of the research is based on the principle of methodological pluralism implemented through using the integrated approach, systems approach, comparative method and technical legal method. Research novelty and conclusions: the novelty of the authors' research solutions is caused by the fact that they have conducated the topical and comprehensive study of the main trends in modern integration processes. In their research the authors conclude that legal and financial literacy plays an important role as ideological factors intensifying the process of integration into the Eurasian Economic Union. They also emphasize the importance of the contribution of the institution of financial ombudsman into the development of legal and financial literacy. The results of the research are presented in the form of recommendations on synchronizing measures aimed at increasing legal literacy and financial literacy in the countries of the Eurasian Economic Union and including these measures into the integration processes of the Eurasion Union. The results of the research can be used by institutions training specialists for supernational bodies of the Eurasian Economic Union. 

Keywords: Eurasian Economic Union, interstate integration, financial literacy, integration awareness, legal awareness, legal literacy, financial Ombudsman, banking Ombudsman, integration, financial integration.

DOI: 10.7256/2454-0765.2015.4.17060

Abstract: In his research Ermakov studies social and political processes of integration of Russia, Belarus and Kazakhstan considering competitive conditions of international economic unions. He examines the problems and prospects of the Eurasian Economic Union (EEU), established by Russia, Belarus and Kazakhstan in Astana on May 29, 2014. Despite Herculean efforts of the heads of the Union member countries (Russia, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan and Kyrgyz Republic) to impart some qualitative economic content, due to the lack of real commodity turnover between the Union member countries the EEU continues to be a merely political formation. The author offers mechanisms to overcome this “political” component of the EEU and transform it into a real and effective international economic entity. The methodological basis of the research involves the dialectical method and the principle of unity of what is historical and what is logical. In analysing the EEU’s events, the structural-functional method was applied. Studying foreign experience of integration of the European Union countries required to use the analogue method as well as the comparative method. The empirical basis of the research came from the official data of ministries and institutions of the EEU member countries, as well as materials of Russian and foreign periodical press and Internet resources. The article identifies key problems of the member countries of the Eurasian Economic Union: 1) problem of reliability and completeness of customs communication, and exchange of information between customs officers of the Customs Union countries; 2) “statistical problem”, as the lack of cooperation statistics (about half of the enterprises of the three countries does not inform the statistical bodies on the results of their activity); 3) as the Eurasian Economic Space starts developing, the conditions begin forming for transferring capitals and liquid assets from the countries with stricter regulatory requirements to the countries with relatively mild regulations.

DOI: 10.7256/2454-0765.2015.4.67492

Abstract: In his research Ermakov studies social and political processes of integration of Russia, Belarus and Kazakhstan considering competitive conditions of international economic unions. He examines the problems and prospects of the Eurasian Economic Union (EEU), established by Russia, Belarus and Kazakhstan in Astana on May 29, 2014. Despite Herculean efforts of the heads of the Union member countries (Russia, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan and Kyrgyz Republic) to impart some qualitative economic content, due to the lack of real commodity turnover between the Union member countries the EEU continues to be a merely political formation. The author offers mechanisms to overcome this “political” component of the EEU and transform it into a real and effective international economic entity. The methodological basis of the research involves the dialectical method and the principle of unity of what is historical and what is logical. In analysing the EEU’s events, the structural-functional method was applied. Studying foreign experience of integration of the European Union countries required to use the analogue method as well as the comparative method. The empirical basis of the research came from the official data of ministries and institutions of the EEU member countries, as well as materials of Russian and foreign periodical press and Internet resources. The article identifies key problems of the member countries of the Eurasian Economic Union: 1) problem of reliability and completeness of customs communication, and exchange of information between customs officers of the Customs Union countries; 2) “statistical problem”, as the lack of cooperation statistics (about half of the enterprises of the three countries does not inform the statistical bodies on the results of their activity); 3) as the Eurasian Economic Space starts developing, the conditions begin forming for transferring capitals and liquid assets from the countries with stricter regulatory requirements to the countries with relatively mild regulations.

Keywords: integration, post-Soviet space, EurAsEC, European Economic Space, Eurasian Economic Union, Supreme Council, Customs Union, Commonwealth of Independent States, Intergovernmental Council, Court of the Union.

DOI: 10.7256/2454-0765.2015.4.17176

Abstract: The article is devoted to the analysis of the elements of relations arising during financial maintenance of delegated powers delivered to public-law entities of another level, in particular, general legal grounds of such maintenance. In her research Andreeva makes an attempt to define and trace back the influence of general legal approaches to the mechanism of financial maintenance of the delegation process. Based on particular examples, the author demonstrates possibilities for applying each principle to the above mentioned relations as well as violations in this sphere. To achieve the research goals, the author has used such research methods as comparative analysis, empirical method, historical and logical methods. The author concludes that such postulates as legitimacy, stability of law/legislation, publicity, division of powers and prohibiting abuse of rights directly influence social relations arising during the delegation process. In the course of her research Andreeva makes suggestions on how to improve the current legislation. For example, the author proves that the budget implementation should have some mobility and organizational and technical measures allowing to promptly redistribute financial flows without amending the budget law/decision should be established. Limitations of such measures should be also well defined. At the present time principles for legal regulation of social relations arising during financial maintenance of delegated powers are not documented. This research article is more of a theoretical nature, however, it wil be of interest to practical financial specialists. 

DOI: 10.7256/2454-0765.2015.4.67493

Abstract: The article is devoted to the analysis of the elements of relations arising during financial maintenance of delegated powers delivered to public-law entities of another level, in particular, general legal grounds of such maintenance. In her research Andreeva makes an attempt to define and trace back the influence of general legal approaches to the mechanism of financial maintenance of the delegation process. Based on particular examples, the author demonstrates possibilities for applying each principle to the above mentioned relations as well as violations in this sphere. To achieve the research goals, the author has used such research methods as comparative analysis, empirical method, historical and logical methods. The author concludes that such postulates as legitimacy, stability of law/legislation, publicity, division of powers and prohibiting abuse of rights directly influence social relations arising during the delegation process. In the course of her research Andreeva makes suggestions on how to improve the current legislation. For example, the author proves that the budget implementation should have some mobility and organizational and technical measures allowing to promptly redistribute financial flows without amending the budget law/decision should be established. Limitations of such measures should be also well defined. At the present time principles for legal regulation of social relations arising during financial maintenance of delegated powers are not documented. This research article is more of a theoretical nature, however, it wil be of interest to practical financial specialists. 

Keywords: interbudgetary transfers, conducting subject, public finances, financing, delegated powers, subventions (grants), Budget Code, financial maintenance, budget, ideas.

DOI: 10.7256/2454-0765.2015.4.17040

Abstract: The subject of the present research article is the legal regulation of the Russian Federation government debt. The author of the article thoroughly examines the definition of the government debt, its kinds, forms and structure as they are set forth in the fiscal legislation of the Russian Federation. Special attention is paid to the legal regulation of the structure of government debt of the Russian Federation and constituents of the Russian Federation. The researcher has conducted the rather-legal analysis of the fiscal legislation provisions regulating the government debt of the Russian Federation  as originally framed in the Budget Code of the Russian Federation and redrafted in the new versino of the Budget Code of the Russian Federation proposed for consideration. The methodology of the present research is based on using the systems and historical approaches as well as the comparative law and content analysis of legal documents. The novelty of the research is caused by the fact that the researcher has conducted the rather-legal analysis of the provisions of the fiscal legislation regulating the government debt of the Russian Federation in terms of the current version fo the Budget Code of the Russian Federation and the new draft Budget Code of the Russian Federation. The researcher concludes that the new version fo the Budget Code of the Russian Federation contains legal regulations aimed at improving the legal regulation of debt relationships, particularly, the debt policy of the Russian Federation constituents. 

DOI: 10.7256/2454-0765.2015.4.67494

Abstract: The subject of the present research article is the legal regulation of the Russian Federation government debt. The author of the article thoroughly examines the definition of the government debt, its kinds, forms and structure as they are set forth in the fiscal legislation of the Russian Federation. Special attention is paid to the legal regulation of the structure of government debt of the Russian Federation and constituents of the Russian Federation. The researcher has conducted the rather-legal analysis of the fiscal legislation provisions regulating the government debt of the Russian Federation  as originally framed in the Budget Code of the Russian Federation and redrafted in the new versino of the Budget Code of the Russian Federation proposed for consideration. The methodology of the present research is based on using the systems and historical approaches as well as the comparative law and content analysis of legal documents. The novelty of the research is caused by the fact that the researcher has conducted the rather-legal analysis of the provisions of the fiscal legislation regulating the government debt of the Russian Federation in terms of the current version fo the Budget Code of the Russian Federation and the new draft Budget Code of the Russian Federation. The researcher concludes that the new version fo the Budget Code of the Russian Federation contains legal regulations aimed at improving the legal regulation of debt relationships, particularly, the debt policy of the Russian Federation constituents. 

Keywords: budget law, debt policy, credit, loan, finance law, budget, debt, finance, management, debt relationship.

DOI: 10.7256/2454-0765.2015.4.16784

Abstract: Based on judicial practices, the authors of the present article are trying to answer the question whether entrepreneurial activity can be considered as the situation when a property owner (physical entity) leases the property he or she owns. The subject of the present research is the contradictions arising between tax authorities and taxpayers regarding the matter. The authors note that providing that the tax legislation does not offer its own definition of 'entrepreneurial activity', law enforcement officials have to apply provisions of civil law. In this case, uncertain legal statements cause the need to view circumstances of a particular case. The methodology of the research is based on traditional legal principles, techniques and methods such as dialectics, analysis, synthesis, analogy and deduction and etc. The authors conclude that the situation when a physical entity leases out his property obtained for personal, family and other purposes can't be considered as entrepreneurial activity. Accordingly, the rent isn't considered as a revenue obtained in a result of entrepreneurial activity.

DOI: 10.7256/2454-0765.2015.4.67495

Abstract: Based on judicial practices, the authors of the present article are trying to answer the question whether entrepreneurial activity can be considered as the situation when a property owner (physical entity) leases the property he or she owns. The subject of the present research is the contradictions arising between tax authorities and taxpayers regarding the matter. The authors note that providing that the tax legislation does not offer its own definition of 'entrepreneurial activity', law enforcement officials have to apply provisions of civil law. In this case, uncertain legal statements cause the need to view circumstances of a particular case. The methodology of the research is based on traditional legal principles, techniques and methods such as dialectics, analysis, synthesis, analogy and deduction and etc. The authors conclude that the situation when a physical entity leases out his property obtained for personal, family and other purposes can't be considered as entrepreneurial activity. Accordingly, the rent isn't considered as a revenue obtained in a result of entrepreneurial activity.

Keywords: judicial practice, entrepreneurial (business) activities, tax, rent, tax dispute, individual, entrepreneur (businessman), citizen, rental fee, income.

DOI: 10.7256/2454-0765.2015.4.16699

Abstract: The present article focuses on the legal regulation of shares as corporate securities under Mexican law. The author affirms that shares are corporate securities in the broadest sense of this term, i.e., securities issued by a commercial entity. In accordance with the applicable Mexican legislation shares are analyzed as pro rata quota of the equity capital of a Joint Stock Company; registered uncertificated security; bundle of rights and obligations. The author describes the emission of no par value shares, designed in the United States, by Mexican corporations. It is examined how the shares can be classified under Mexican law. The analysis of the securities regulation ensures protection of the domestic investors' rights, as well as allows to apply good practices in national law. This article will be of interest to lawyers and other experts in the field of securities markets, as well as specialists in civil law of Latin America countries.

DOI: 10.7256/2454-0765.2015.4.67496

Abstract: The present article focuses on the legal regulation of shares as corporate securities under Mexican law. The author affirms that shares are corporate securities in the broadest sense of this term, i.e., securities issued by a commercial entity. In accordance with the applicable Mexican legislation shares are analyzed as pro rata quota of the equity capital of a Joint Stock Company; registered uncertificated security; bundle of rights and obligations. The author describes the emission of no par value shares, designed in the United States, by Mexican corporations. It is examined how the shares can be classified under Mexican law. The analysis of the securities regulation ensures protection of the domestic investors' rights, as well as allows to apply good practices in national law. This article will be of interest to lawyers and other experts in the field of securities markets, as well as specialists in civil law of Latin America countries.

Keywords: private law, Mexico, securities, uncertificated securities, shares, corporate securities, Joint Stock Company, commercial law, Mexican law, corporate financing.

DOI: 10.7256/2454-0765.2015.4.17056

Abstract: The subject of the research is theoretical and legal issues of investment law, including the specific content of public investment relations. The reseracher conducts a systems analysis of the legal rules regulating the investment activities of the state and municipalities. In the article the question about the place of the investment law in the system of financial law is also discussed. The author offers her definition of investment law and public relations investment. She underlines the special role of institutions for developing public investment relations in the investment process. The researcher has used general scientific and private-scientific methods of research (analysis, synthesis, deduction, analogy, generalization, dialectical, formal-logical, formal and legal methods). The conducted research has allowed the author to conclude that the investment law is a sub-sector of financial law and has its own internal structure. The author of the article also describes groups of public investment relations, characterizing the subject of investment law. Based on the foregoing, the author highlights the distinctive features of investment legal provisions and regulations. 

DOI: 10.7256/2454-0765.2015.4.67497

Abstract: The subject of the research is theoretical and legal issues of investment law, including the specific content of public investment relations. The reseracher conducts a systems analysis of the legal rules regulating the investment activities of the state and municipalities. In the article the question about the place of the investment law in the system of financial law is also discussed. The author offers her definition of investment law and public relations investment. She underlines the special role of institutions for developing public investment relations in the investment process. The researcher has used general scientific and private-scientific methods of research (analysis, synthesis, deduction, analogy, generalization, dialectical, formal-logical, formal and legal methods). The conducted research has allowed the author to conclude that the investment law is a sub-sector of financial law and has its own internal structure. The author of the article also describes groups of public investment relations, characterizing the subject of investment law. Based on the foregoing, the author highlights the distinctive features of investment legal provisions and regulations. 

Keywords: financial law, system, the subject, public investment ratio, institutions for development, public companies, investors, investment law, investment control, investment relations.

DOI: 10.7256/2454-0765.2015.4.17054

Abstract: The author proves that the global crisis, on the one hand, hit government revenues of the EU and, on the other hand, pushed the business to work towards minimization of tax, which increased critics of offshore zones. The author describes examples and motives of supporters and opponents of offshore zones. The measures of the EU to strengthen control over countries with offshore jurisdiction are provided. The author also predicts trends in the development of tax policy of the European Union as a result of undertaken measures and innovations. In her research Idrisova has used general scientific and private-scientific researh methods (analysis, synthesis, deduction, analogy, generalization, dialectical, formal-logical, formal and legal methods). The author concludes that along with the international pressure, there is a significant tightening of national policy conducted by anti-offshore countries. The author describes the two main objectives of such policy, the desire of member states to reduce the use of schemes to minimize taxation using offshore financial schemes; and expansion of international cooperation in obtaining financial information, including the real beneficiaries of offshore companies.

DOI: 10.7256/2454-0765.2015.4.67498

Abstract: The author proves that the global crisis, on the one hand, hit government revenues of the EU and, on the other hand, pushed the business to work towards minimization of tax, which increased critics of offshore zones. The author describes examples and motives of supporters and opponents of offshore zones. The measures of the EU to strengthen control over countries with offshore jurisdiction are provided. The author also predicts trends in the development of tax policy of the European Union as a result of undertaken measures and innovations. In her research Idrisova has used general scientific and private-scientific researh methods (analysis, synthesis, deduction, analogy, generalization, dialectical, formal-logical, formal and legal methods). The author concludes that along with the international pressure, there is a significant tightening of national policy conducted by anti-offshore countries. The author describes the two main objectives of such policy, the desire of member states to reduce the use of schemes to minimize taxation using offshore financial schemes; and expansion of international cooperation in obtaining financial information, including the real beneficiaries of offshore companies.

Keywords: jurisdiction, anti-offshore policies, offshore zone, taxes, tax policy, Euro Union, financial system, offshore business, offshore, offshore geopolitics.

DOI: 10.7256/2454-0765.2015.4.17055

Abstract: The subject of the present research is the development of income taxation in Germany duruing the XIXth – the 1st part of the XXth century. The research is focused on the Weimar period as the key period in formation of the German income tax, which later became the central part of the integrated tax system of the German state. While analyzing the legislation and archives, the author features out the main development steps of the income taxation, their main characteristics and role in resolving acute social-economic problems (budget deficit, high level of exchange inflation, pauperization of German population). The diachrone variation of the comparative method is used in combination with the historical method and technical legal method. The author comes to the conclusion that in the presented periods the task of ensuring the taxation effectiveness under circumstances of the budget deficit was resolved by elaborating a new approach to the definition of the income and by inventing a new modification of income tax - wage tax. Vulnerable segments of the population was guaranteed by the institution of non-taxable income. 

DOI: 10.7256/2454-0765.2015.4.67499

Abstract: The subject of the present research is the development of income taxation in Germany duruing the XIXth – the 1st part of the XXth century. The research is focused on the Weimar period as the key period in formation of the German income tax, which later became the central part of the integrated tax system of the German state. While analyzing the legislation and archives, the author features out the main development steps of the income taxation, their main characteristics and role in resolving acute social-economic problems (budget deficit, high level of exchange inflation, pauperization of German population). The diachrone variation of the comparative method is used in combination with the historical method and technical legal method. The author comes to the conclusion that in the presented periods the task of ensuring the taxation effectiveness under circumstances of the budget deficit was resolved by elaborating a new approach to the definition of the income and by inventing a new modification of income tax - wage tax. Vulnerable segments of the population was guaranteed by the institution of non-taxable income. 

Keywords: income tax, income, tax revenues, tax law, taxation, German Empire, system of taxes, financial reform, legislation, fiscal regulation.