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Financial Law and Management
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MAIN PAGE > Journal "Financial Law and Management" > Contents of Issue ¹ 02/2016
Contents of Issue ¹ 02/2016
State economic regulation
Glushchenko V.V., Glushchenko I.I. - Innovations as the Structural Element of the Mechanism of Monetary and Credit Regulation in Economy

DOI:
10.7256/2454-0765.2016.2.18274

Abstract: The subject of the research is innovations as a structural element of the mechanism of monetary and credit regulation in economy. The object of the research is the monetary and credit regulation in economy. The hypothesis of the present research is that innovation activity is a structural element of the mechanism of monetary and credit regulation in economy based on the creation of the intellectual rent in the process of innovation. This creates the innovation monetary multiplier which is part of the mechanism of monetary and credit regulation under the conditions of the global crisis and causes deflation in the countries with the developed innovation activity and, at the same time, rise in inflation in the countries with the low level of innovation activity. The purpose of the present article was to study innovation activity as a structural element of monetary and credit regulatino under the conditions of the global financial crisis. In order to achieve the goal, the authors have solved the following research tasks: - they have analyzed the essence of monetary system and causes of inflation; - innovations as the source of the intellectual rent in economy; - essence and nature of functioning of innovations as part of the mechanism of monetary and credit regulation in economy under the conditions of the global financial crisis. The methods used in the present ersearch include logical and historical analysis, systems and anti-crisis analysis, synthesis, comparative analysis, inflation and deflation risk analysis. The scientific novelty of the research is caused by the fact that the author justifies the presence of the monetary innovation multiplier related to the intellectual rent. This innovation multiplier opposes the banking multiplier in economy which decreases the risk of the inflationary development, therefore innovations can be an element of the structural anti-inflationary policy. The authors analyze peculiarities of the influence of innovations on the process of credit and monetary regulatino under the conditions of the global financial crisis. 
Keywords: multiple, result, competence, innovations, inflation, rent, regulation, credit, money, bank
Glushchenko V.V., Glushchenko I.I. - Innovations as the Structural Element of the Mechanism of Monetary and Credit Regulation in Economy pp. 104-117

DOI:
10.7256/2454-0765.2016.2.67895

Abstract: The subject of the research is innovations as a structural element of the mechanism of monetary and credit regulation in economy. The object of the research is the monetary and credit regulation in economy. The hypothesis of the present research is that innovation activity is a structural element of the mechanism of monetary and credit regulation in economy based on the creation of the intellectual rent in the process of innovation. This creates the innovation monetary multiplier which is part of the mechanism of monetary and credit regulation under the conditions of the global crisis and causes deflation in the countries with the developed innovation activity and, at the same time, rise in inflation in the countries with the low level of innovation activity. The purpose of the present article was to study innovation activity as a structural element of monetary and credit regulatino under the conditions of the global financial crisis. In order to achieve the goal, the authors have solved the following research tasks: - they have analyzed the essence of monetary system and causes of inflation; - innovations as the source of the intellectual rent in economy; - essence and nature of functioning of innovations as part of the mechanism of monetary and credit regulation in economy under the conditions of the global financial crisis. The methods used in the present ersearch include logical and historical analysis, systems and anti-crisis analysis, synthesis, comparative analysis, inflation and deflation risk analysis. The scientific novelty of the research is caused by the fact that the author justifies the presence of the monetary innovation multiplier related to the intellectual rent. This innovation multiplier opposes the banking multiplier in economy which decreases the risk of the inflationary development, therefore innovations can be an element of the structural anti-inflationary policy. The authors analyze peculiarities of the influence of innovations on the process of credit and monetary regulatino under the conditions of the global financial crisis. 
Keywords: multiple, result, competence, innovations, inflation, rent, regulation, credit, money, bank
Legislation and economy
Gashenko I.V., Stroiteleva V.A. - On the Practical Issues of Interaction Between Tax Agencies and Law Enforcement Agencies in the Process of Conducting Tax Audits in the Rostov Region

DOI:
10.7256/2454-0765.2016.2.19171

Abstract: The subject of the present research is the economic and legal relations arising between tax agencies and law enforcement agencies in the process of conducting tax audits in the Rostov Region. The research touches upon practical aspects of interaction between tax agencies and investigating and law enforcement agencies during in-office and field tax audits. The authors describe the actual problems of such interaction as well as contradictions and negative consequences for pumping up the budget. Thus, one of the main issues of interaction between territorial tax agencies, investigating departments of the Investigative Commitee of Russia and agencies of the Ministry of Internal Affairs for the Rostov Region in the process of conducting in-office taxc audits including those to define the reasonability of VAT refund is the faults and gaps in the legal regulation of such relations. In their research the authors have used research methods such as comparison, generalization, grouping and classification as well as the comparative law method and empirical method. The authors note that there is no legally fixed set of methods to be applied by each supervisory agency during joint tax audits. The current legislation does not regulate all interacting processes betwen tax and law enforcement agencies during such audits, either. The authors of the present research also make particular suggestions on how to improve the adequate achivement of set goals and targets in the sphere fo joint actions of force structures to conduct control over taxpayers' activity. 
Keywords: investigating authorities, tax return, arbitration disputes, tax law, law enforcement agencies, joint inspection, field inspection, in-office audits, VAT, taxes
Gashenko I.V., Stroiteleva V.A. - On the Practical Issues of Interaction Between Tax Agencies and Law Enforcement Agencies in the Process of Conducting Tax Audits in the Rostov Region pp. 118-123

DOI:
10.7256/2454-0765.2016.2.67896

Abstract: The subject of the present research is the economic and legal relations arising between tax agencies and law enforcement agencies in the process of conducting tax audits in the Rostov Region. The research touches upon practical aspects of interaction between tax agencies and investigating and law enforcement agencies during in-office and field tax audits. The authors describe the actual problems of such interaction as well as contradictions and negative consequences for pumping up the budget. Thus, one of the main issues of interaction between territorial tax agencies, investigating departments of the Investigative Commitee of Russia and agencies of the Ministry of Internal Affairs for the Rostov Region in the process of conducting in-office taxc audits including those to define the reasonability of VAT refund is the faults and gaps in the legal regulation of such relations. In their research the authors have used research methods such as comparison, generalization, grouping and classification as well as the comparative law method and empirical method. The authors note that there is no legally fixed set of methods to be applied by each supervisory agency during joint tax audits. The current legislation does not regulate all interacting processes betwen tax and law enforcement agencies during such audits, either. The authors of the present research also make particular suggestions on how to improve the adequate achivement of set goals and targets in the sphere fo joint actions of force structures to conduct control over taxpayers' activity. 
Keywords: investigating authorities, tax return, arbitration disputes, tax law, law enforcement agencies, joint inspection, field inspection, in-office audits, VAT, taxes
Baiteriakov R. - The Concept of Tax Administration in Administrative Law

DOI:
10.7256/2454-0765.2016.2.19408

Abstract: The subject of the present research is the concept of tax administration. Taxpayers are the main subjects that form the budget revenues. This circumstance requires a more detailed regulation of the interaction between taxpayers and state authorities. Meanwhile, the effective legal regulation does not provide a clear concept of tax administration. Science does not give us a clear definition of tax administration either. However, one of the conditions of effective functioning of the tax system is the qualitative tax administration which purpose is to create the optimal conditions for running business and fulfilment of tax obligations. The methodological basis of the research is the analysis of the definitions of tax administration in order to study all aspects thereof. The novelty of the research is caused by the fact that based on the analysis of different definitions of tax administration offered by scientists including economists, the author of the article offers his own vision of the aforesaid term which is the part of administrative activity in the tax sphere.   
Keywords: public authorities, state administration, tax sphere, public authorities, control, public administration, tax authorities, state activity, taxpayer, tax administration
Bayteryakov R.E. - The Concept of Tax Administration in Administrative Law pp. 124-128

DOI:
10.7256/2454-0765.2016.2.67897

Abstract: The subject of the present research is the concept of tax administration. Taxpayers are the main subjects that form the budget revenues. This circumstance requires a more detailed regulation of the interaction between taxpayers and state authorities. Meanwhile, the effective legal regulation does not provide a clear concept of tax administration. Science does not give us a clear definition of tax administration either. However, one of the conditions of effective functioning of the tax system is the qualitative tax administration which purpose is to create the optimal conditions for running business and fulfilment of tax obligations. The methodological basis of the research is the analysis of the definitions of tax administration in order to study all aspects thereof. The novelty of the research is caused by the fact that based on the analysis of different definitions of tax administration offered by scientists including economists, the author of the article offers his own vision of the aforesaid term which is the part of administrative activity in the tax sphere.   
Keywords: public authorities, state administration, tax sphere, public authorities, control, public administration, tax authorities, state activity, taxpayer, tax administration
Accounting and standards for financial statement
Bazhenov A.A. - Consideration of the Interests of Users of Accounting (Financial) Statements at Unitary Enterprises

DOI:
10.7256/2454-0765.2016.2.17791

Abstract: The subject of the study is a set of factors that influence the formation of reliable information in order to accommodate the interests of users of accounting (financial) statements at unitary enterprises. The object of the study is economic entities, i.e. unitary enterprises, which use the property of the owner on the right of business (operational control) to achieve its goals. The author examines the features of formation of property of unitary enterprises and the possibility of withdrawal of part of the profit from its use. It was established that these features imply a reasonable and balanced approach to withdrawal of the profit from the use of the property by concerned users who have a financial interest formed on the basis of accounting (financial) statements. The research methodology is based on the dialectical method and involves the study of economic relations and development of phenomena and relationships, methods of systems and comparative analysis, economic-mathematical analysis of data, methods of synthesis, graphical modeling, methodology, theory, statistics and mathematics. The special contribution made by the author of the study is the finding that the hasty decision of the owner and leadership may cause damage to the activities of the unitary enterprise. In this situation, the solution may be the formation of the accounting (financial) statements of unitary enterprises aimed at ensuring the principle of neutrality of information, that is, it must satisfy the interests of all users, not just those who have a direct financial interest.
Keywords: accounting reports, guidance, financial interest, net profit, total balance, withdrawal, owner, economic management, property, unitary enterprise
Bazhenov A.A. - Consideration of the Interests of Users of Accounting (Financial) Statements at Unitary Enterprises pp. 129-137

DOI:
10.7256/2454-0765.2016.2.67898

Abstract: The subject of the study is a set of factors that influence the formation of reliable information in order to accommodate the interests of users of accounting (financial) statements at unitary enterprises. The object of the study is economic entities, i.e. unitary enterprises, which use the property of the owner on the right of business (operational control) to achieve its goals. The author examines the features of formation of property of unitary enterprises and the possibility of withdrawal of part of the profit from its use. It was established that these features imply a reasonable and balanced approach to withdrawal of the profit from the use of the property by concerned users who have a financial interest formed on the basis of accounting (financial) statements. The research methodology is based on the dialectical method and involves the study of economic relations and development of phenomena and relationships, methods of systems and comparative analysis, economic-mathematical analysis of data, methods of synthesis, graphical modeling, methodology, theory, statistics and mathematics. The special contribution made by the author of the study is the finding that the hasty decision of the owner and leadership may cause damage to the activities of the unitary enterprise. In this situation, the solution may be the formation of the accounting (financial) statements of unitary enterprises aimed at ensuring the principle of neutrality of information, that is, it must satisfy the interests of all users, not just those who have a direct financial interest.
Keywords: accounting reports, guidance, financial interest, net profit, total balance, withdrawal, owner, economic management, property, unitary enterprise
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Grundel L.P. - Criteria of Tax Residence: OECD Experience

DOI:
10.7256/2454-0765.2016.2.19339

Abstract: The subject of the research is conflicts-of-law rules for determining the tax residence of companies. The object of the research are the criteria for determining tax residence of companies. The article also focuses on the fact that tax residence of legal entities is determined independently by each state on the basis of one or more criteria. The author describes three groups of connecting factors for the determination of tax residence: 1) connecting factors caused by the creation of a legal entity; 2) connecting factors due to the internal structure of the company's management and decision-making; 3) The connecting factors caused by the activities of a legal entity. Variability of the first group is associated with the state registration of the legal entity. The second group of connecting factors is related to the structure of the internal management and decision-making of the legal entity. The third criterion is preferred according to the OECD Convention for determining tax residence in the event of a dispute between several states regarding a particular legal entity. In this paper, using econometric and statistical methods the author has studied theoretical and practical development of the current legislation issued by tax administrations of other countries, particularly the establishment of the basic principles for determining the residence of companies, criteria for determining residence depending on groups of connecting factors. The author analyzes the characteristics of criterion evaluations to determine tax residence, namely, place of management, place of central management and control, location of the head office, place of actual decision-making. Regardless of which type of management activity is recognized legally relevant by the state, law enforcers have to deal with three aspects: (1) identification of the meaning of management actions; (2) geographic location of activities; (3) determination of a number of persons engaged in this activity. Also, "control" and "influence" should be defined as two different concepts. 
Keywords: residence criteria, place of management, location of the legal address, place of incorporation, place of registration, connecting factors, Model Tax Convention, international taxation, place of central management, tax residence
Grundel L.P. - Criteria of Tax Residence: OECD Experience pp. 138-146

DOI:
10.7256/2454-0765.2016.2.67899

Abstract: The subject of the research is conflicts-of-law rules for determining the tax residence of companies. The object of the research are the criteria for determining tax residence of companies. The article also focuses on the fact that tax residence of legal entities is determined independently by each state on the basis of one or more criteria. The author describes three groups of connecting factors for the determination of tax residence: 1) connecting factors caused by the creation of a legal entity; 2) connecting factors due to the internal structure of the company's management and decision-making; 3) The connecting factors caused by the activities of a legal entity. Variability of the first group is associated with the state registration of the legal entity. The second group of connecting factors is related to the structure of the internal management and decision-making of the legal entity. The third criterion is preferred according to the OECD Convention for determining tax residence in the event of a dispute between several states regarding a particular legal entity. In this paper, using econometric and statistical methods the author has studied theoretical and practical development of the current legislation issued by tax administrations of other countries, particularly the establishment of the basic principles for determining the residence of companies, criteria for determining residence depending on groups of connecting factors. The author analyzes the characteristics of criterion evaluations to determine tax residence, namely, place of management, place of central management and control, location of the head office, place of actual decision-making. Regardless of which type of management activity is recognized legally relevant by the state, law enforcers have to deal with three aspects: (1) identification of the meaning of management actions; (2) geographic location of activities; (3) determination of a number of persons engaged in this activity. Also, "control" and "influence" should be defined as two different concepts. 
Keywords: residence criteria, place of management, location of the legal address, place of incorporation, place of registration, connecting factors, Model Tax Convention, international taxation, place of central management, tax residence
Taxation of organizations
Orobinskaia I.V., Orobinskii A.S., Osipenko I. - The Role of Organisation Profits Tax for the Revenue Side of the Consolidated Budget of Russia

DOI:
10.7256/2454-0765.2016.2.17693

Abstract: The subject of the research is the economic relations arising in the process of taxation between the state, on the one hand, and an organisation as a subejct of taxation, on the other hand. The object of the research is the organisatino profits tax and its share in the revenue side of the consolidated budget of the Russian Federation. The results of the research demonstrate that the Russian Federation budget revenues are mainly composed of such taxes as VAT and organisation profits tax which proves the fiscal importance of these payments. The methodological basis of the research includes fundamental concepts presented by Russian and foreign researchers, legislative and regulatory actsof state authorities, federal laws, Decrees of the President and Russian Federation Government Regulations as well as materials of research-and-science conferences on the matters of taxation. In their research the authors have used the abstract-logical, monographic, statistical-economical and other methods of economic research. Based on the results of the analysis, the authors conclude that the funds currently managable by the government might greatly differ from the target amount which may lead to the budget surplus and deficit. 
Keywords: Voronezh Oblast, Central Black Earth Economic Region , tax payable, surplus, deficit, VAT, profit tax, tax revenues, GDP, consolidated budget
Orobinskaya I.V., Orobinskiy A.S., Osipenko I.V. - The Role of Organisation Profits Tax for the Revenue Side of the Consolidated Budget of Russia pp. 147-153

DOI:
10.7256/2454-0765.2016.2.67900

Abstract: The subject of the research is the economic relations arising in the process of taxation between the state, on the one hand, and an organisation as a subejct of taxation, on the other hand. The object of the research is the organisatino profits tax and its share in the revenue side of the consolidated budget of the Russian Federation. The results of the research demonstrate that the Russian Federation budget revenues are mainly composed of such taxes as VAT and organisation profits tax which proves the fiscal importance of these payments. The methodological basis of the research includes fundamental concepts presented by Russian and foreign researchers, legislative and regulatory actsof state authorities, federal laws, Decrees of the President and Russian Federation Government Regulations as well as materials of research-and-science conferences on the matters of taxation. In their research the authors have used the abstract-logical, monographic, statistical-economical and other methods of economic research. Based on the results of the analysis, the authors conclude that the funds currently managable by the government might greatly differ from the target amount which may lead to the budget surplus and deficit. 
Keywords: Voronezh Oblast, Central Black Earth Economic Region, tax payable, surplus, deficit, VAT, profit tax, tax revenues, GDP, consolidated budget
General issues of financial law
Sergienko N.S., Suslyakova O.N. - Prospects for the Development of the Pharmaceutical Cluster in the Kaluga Region

DOI:
10.7256/2454-0765.2016.2.17794

Abstract: The object of the research is the process of the development of pharmaceutical cluster in the Kaluga region. The subject of the research is a set of measures aimed at creating conditions for the development of the pharmaceutical industry in a particular region. The authors examine the prerequisites and conditions for the development of the pharmaceutical cluster in the specific constituent of the Russian Federation. Special attention is paid to the tools of support from the government of the region on the implementation of investment policy in the development of the pharmaceutical industry and strategies for the industry development in the region. In their research the authors have used the systems, statistical and logical analysis methods as well as descriptive and comparative methods of processing and systematization of data. The main conclusion made on the basis of the research results is the following: for the development of strategically important industries for the economy of the country it is required to create certain infrastructure and administration in additional to budget investments inculding regional investments. The novelty of the research is caused by the fact that the authors define the role of public authorities at the regional level and industry sector in stimulating investment activities and establishing appropriate procedures and standards governing the development of the pharmaceutical cluster. The results can be used to develop regional regulatory acts aimed at regulation of investment activity, as well as to adjust existing documents. The results of the study can serve as a basis for further research in the field of formulation and evaluation of investment activities in the constituent entities of the Russian Federation. 
Keywords: investment policy, cluster, competitive advantages, regional specific features, pharmaceutical industry, pharmaceutical cluster, tax preferences, investment strategy, budget, budget investments
Sergienko N.S., Suslyakova O.N. - Prospects for the Development of the Pharmaceutical Cluster in the Kaluga Region pp. 154-163

DOI:
10.7256/2454-0765.2016.2.67901

Abstract: The object of the research is the process of the development of pharmaceutical cluster in the Kaluga region. The subject of the research is a set of measures aimed at creating conditions for the development of the pharmaceutical industry in a particular region. The authors examine the prerequisites and conditions for the development of the pharmaceutical cluster in the specific constituent of the Russian Federation. Special attention is paid to the tools of support from the government of the region on the implementation of investment policy in the development of the pharmaceutical industry and strategies for the industry development in the region. In their research the authors have used the systems, statistical and logical analysis methods as well as descriptive and comparative methods of processing and systematization of data. The main conclusion made on the basis of the research results is the following: for the development of strategically important industries for the economy of the country it is required to create certain infrastructure and administration in additional to budget investments inculding regional investments. The novelty of the research is caused by the fact that the authors define the role of public authorities at the regional level and industry sector in stimulating investment activities and establishing appropriate procedures and standards governing the development of the pharmaceutical cluster. The results can be used to develop regional regulatory acts aimed at regulation of investment activity, as well as to adjust existing documents. The results of the study can serve as a basis for further research in the field of formulation and evaluation of investment activities in the constituent entities of the Russian Federation. 
Keywords: investment policy, cluster, competitive advantages, regional specific features, pharmaceutical industry, pharmaceutical cluster, tax preferences, investment strategy, budget, budget investments
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