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Financial Law and Management
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MAIN PAGE > Journal "Financial Law and Management" > Contents of Issue № 03/2017
Contents of Issue № 03/2017
Finances: management and control
Bazhenov A.A. - Formation of the Control Environment of the Unitary Enterprise Activities pp. 1-13

DOI:
10.7256/2454-0765.2017.1.20003

Abstract: The subject of this research is the process of formation of the control environment of the unitary enterprise given the current legislation. The object of the research is a set of unitary enterprises of the Vladimir region. The author discovered that currently generated control environments of unitary enterprises are only visible contours that do not take into account the regulatory requirements of the current legislation. As a result, the internal control system of the unitary enterprise is insufficient, external auditors often conduct inspections formally and sometimes do not make them at all, and the owner does not pay particular attention to the activities of the unitary enterprise, giving the head a certain freedom of action, which ultimately leads to the loss of resources, unjustified outflow of funds and corrupted accounting (financial) statements. The research methodology is based on the dialectical research method that involves the study of economic relations and phenomena in the development and interconnection of the system and methods of systems and comparative analysis, analysis and synthesis techniques, and graphic simulation. The novelty of the research is caused by the fact that the control environment of activity of the unitary enterprise consists of three levels (elements): internal control, external control, and owner's control. It is also proved that the results of each element of control can be used for the benefit of each control environment level (internal control can be adjusted depending on the results of external control and owner's control information for external control can serve as material inspection of the owner and the internal controllers,  control of the owner can based on the data of the internal control of the unitary enterprise and external control by auditing firms). In addition, each component of the control environment has an impact on the activity of the unitary enterprise and ensures the effectiveness of its activities in view of the legislative reform through achieving its goals and objectives. 
Malyshenko V., Malyshenko K. - The System of Financial Stability Types as the Basis for Fundamental Analysis of the Enterprise pp. 14-27

DOI:
10.7256/2454-0765.2017.3.23578

Abstract: The subject of the research is the process of strategically oriented modelling of financial stability of Crimea's health resorts. The topic is the classification of three financial stability types associated with enterprise's risks at particular stages of its life-cycle. The purpose of the research is to develop theoretical grounds for creating a new universal system of fundamental evaluation of resorts' financial status that would predict its future development taking into account external environment changes and the fact that there are no acting institutions for stock market. The method and methodology of the research relate to the provisions of the systems analysis. At the present time there are no established complex analysis models as a single system of internal and external indicators. As a result, the authors have chosen a combination of financial (strategic) and systems analysis (in particular, matrix methods) as the research methodology. The authors have proved the grounds for allocation of managemental and financial priorities in the process of making a decision regarding stability of both indicators (objects) and analytical procedures. The result of the research is a  preliminary theoretical development of the financial stability evaluation system applied to Crimea's resorts, the kind of system that would take into account differentiated risks faced at different stages of the enterprise's life-cycle and differentiate between unstable financial growth and unstable financial decline. As a consequence, the authors hope that this new system will provide particular results that would raise trust of potential investors in the competitive ability of Crimea's resorts. The new classification of financial stability types proves the possibility to unify evaluations of the financial status for different sectors that have a similar set of services and create one regional destination. 
Sergienko N.S. - The Issue of Transparency of Public Finance pp. 28-37

DOI:
10.7256/2454-0765.2017.3.23770

Abstract: The subject of this research is economic and financial relations arising in the process of implementing the principle of transparency of the budget system. The object of the research is the the process of submitting open budget data of the RF constituents and municipal entities. The author of the article summarizes the Russian experience of ensuring transparency of public finances and make suggestions for improvement of the mechanism of budgetary data submission. The researcher also outlines advantages that are provided for the authorities that implement the budget transperancy policy that ensures a dialogue with the population. Sergienko also describes promising areas for increasing transperancy of public finance at the municipal unit level. The methodological basis of the research involves general research methods such as analysis, synthesis, comparison, and others. The novelty of the research is caused by the fact that the author gives his own recommendations regardings submission of summarized information about budgetary data at the level of a municipal unit considering that there are very few researches devoted to budgetary data submission at the level of a municipal unit. The results of the research demonstrate that encouragement of municipal units by the regional authorities contributes to the growth of submitted budgetary data open for the population which enables the feedback between the population and authorities.     
State economic regulation
Pavlov P.V., Tkacheva L.V. - Directions for Developing Investment Legislation in Relation to Creation of a Free Economic Zone in the Republic of Crimea pp. 38-51

DOI:
10.7256/2454-0765.2017.3.18884

Abstract: The article is devoted to the analysis of free economic zones (FEZs) and their types including those that are located in the territory of the Republic of Crimea. The object of the research is a set of legal relations arising in the process of implementing and operating a special administrative legal regime in the territory of the Republic of Crimea. The subject of the research is a set of legal acts regulating the mechanism of introducing and implementing a special administrative legal regime of investment and enterpreneurial activity in the Republic of Crimea. The authors have used different methodological approaches in the course of achieving research objectives including systems approach to analyze the current system of legal regulation in FEZs and evolutionary approach allowing to define internal development patterns of the special administrative legal regime in the territory of FEZs. The novelty of the research is caused by the fact that the authors provide results of the theoretical summary which allows to prove the profitability of special administrative legal regimes of foreign trade activity in Russia aimed at creation of 'growth points' in certain parts of the country as well as to develop legal instruments to increase their efficiency as an important elementn of the mechanism of state regulation of the economic sphere. The outcome of the research is the authors' recommendations on improving legislation that regulates activity of FEZs in the Republic of Crimea for the purpose of developing the administrative mechanism of full integration of these regions into the economic system of Russia. 
Legislation and economy
Mitiay E. - Legal Regulation of Professional Financial Services Market Actors' Activity: Comparative Law Analysis pp. 52-63

DOI:
10.7256/2454-0765.2017.1.20274

Abstract: The subject of this research is the particularities of the legal regulation of activity conducted by specialized enterprises rendering financial services in the Russian Federation. The author analyzes how definitions used to denote the aforesaid actors have been transformed and how requirements for specialised enterprises rendering financial services have been changed under modern conditions. The comparative law analysis of the European Union and USA laws regulating creation and activity of enterprises rendering financial services has allowed to define similar provisions that relate, first of all, to the core capital as the guarantee of performance of obligations to customers. Moreover, the other similarity is that there are special requirements for the heads of such enterprises (major, job experience, sterling reputation, etc.). In the course of achieving research objectives the author has applied general research principles, approaches and  methods, in particular, dialectical approach as a method of objective and comprehensive analysis of the reality and dynamics of this reality; historical method to define the genesis of the concept of a specialised enterprise rendering financial services; inductive method to clarify the definition of credit organisations and financial organisations. The researcher has also used special research methods such as formal legal method and comparative law method. Based on the summarized theoretical and practical materials, the results of the research has allowed to describe particularities of such key terms as credit organisations and financial organisations. In addition, the author has also described particularities of the legal regulation of activities carried out by such enterprises as a result of the specific nature of their services. The results of the research have also allowed to conclude that in order to establish a single system of requirements for all economic entities operating on the financial services market, it will be beneficial to adopt a special federal law 'Concerning the Financial Services Market' that would help to interpret and apply the main social relations of all entities on the financial services market in the law enforcement practice.   
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