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MAIN PAGE > Journal "Financial Law and Management" > Contents of Issue ¹ 03/2016
Contents of Issue ¹ 03/2016
Question at hand
Ponamorenko V.E., Nikitova A.V. - Concerning Development of Legal and Financial Competencies in the Sphere of AML/CFT (In Terms of Integration Processes in the EEU)

DOI:
10.7256/2454-0765.2016.3.19970

Abstract: The subject of the research is the legal and financial competencies in the sphere of AML/CFT  that are based, first of all, on the level of financial and legal literacy sufficient for performance of professional responsibilities. AML/CFT education is viewed as a priority in the development of the humanities in the Eurasian Economic Union member-states which is conditioned by the growing risk of illegal financial operations in the region. AML/CFT sphere is analyzed from the point of view of its complex nature expressed in the combination of legal, economic, organizational competencies of specialists in this sphere. The research is based on the complex approach, systems approach, comparative method, legalistic approach and the principle of methodological pluralism. The novelty of scientific solutions is defined by the fact that the authors conducts an important research taking into account the main trends in the development of modern integration processes. The authors of the article conclude about the need to introduce the integration vector in modern humanities (in particular, in training AML/CFT specialists) which is conditioned by the supra-national specifics of the sphere. The results of the research are presented in the form of established methodological approaches to training AML/CFT specialists built on the combination of financial and legal literacy. The aforesaid results can be used by HR specialists in the supra-national EEU bodies and EEU financial intelligence agencies. 
Keywords: Eurasian Economic Union, integration, financial competence, legal competence, legal awareness, financial literacy, legal literacy, AML/CFT, professional standard, education
Ponamorenko V.E., Nikitova A.V. - Concerning Development of Legal and Financial Competencies in the Sphere of AML/CFT (In Terms of Integration Processes in the EEU) pp. 172-178

DOI:
10.7256/2454-0765.2016.3.68222

Abstract: The subject of the research is the legal and financial competencies in the sphere of AML/CFT  that are based, first of all, on the level of financial and legal literacy sufficient for performance of professional responsibilities. AML/CFT education is viewed as a priority in the development of the humanities in the Eurasian Economic Union member-states which is conditioned by the growing risk of illegal financial operations in the region. AML/CFT sphere is analyzed from the point of view of its complex nature expressed in the combination of legal, economic, organizational competencies of specialists in this sphere. The research is based on the complex approach, systems approach, comparative method, legalistic approach and the principle of methodological pluralism. The novelty of scientific solutions is defined by the fact that the authors conducts an important research taking into account the main trends in the development of modern integration processes. The authors of the article conclude about the need to introduce the integration vector in modern humanities (in particular, in training AML/CFT specialists) which is conditioned by the supra-national specifics of the sphere. The results of the research are presented in the form of established methodological approaches to training AML/CFT specialists built on the combination of financial and legal literacy. The aforesaid results can be used by HR specialists in the supra-national EEU bodies and EEU financial intelligence agencies. 
Keywords: Eurasian Economic Union, integration, financial competence, legal competence, legal awareness, financial literacy, legal literacy, AML/CFT, professional standard, education
Regional economy
Gulyaev P.V. - The Impact of the Information-Financial Environment Density on the Socio-Economic Development of a Region's Administrative-Territorial Units

DOI:
10.7256/2454-0765.2016.3.20126

Abstract: The subject of the research is the information-financial support of the regional economical management systems. The author proposes a hypothesis that there is a certain regional information-financial environment that influences the level of the socio-economic development of the Russian Federation constituents and administrative-territorial units as part of a region. The author also assumes that by impacting the information-financial environment it is possible to optimize regional finances and regional economy in general. The purpose of the research is to give a definition and to describe the main features of the information-financial environment. The article presents the results of the research that studied management systems of the information-financial environment for the purpose of their possible optimisation taking into account the modern information paradigm. The author introduces his method of evaluating the information-financial environment density and relevant calculation data. The author also performs a comparative analysis of integral estimations of the information-financial environment density and the level of the socio-economic development of administrative-territorial units in the Republic of Sakha (Yakutia). As a result of the comparative analysis, the author describes a group of districts with the low density of the information-financial environment and consequently low level of the socio-economic development. The author offers to introduce a new category - information-financial environment. The presence of this category allows to state the fact that a new innovative form of economical organization has been originated. The following author's statement can serve as a postulate: only the high density and capacitance of the information-financial environment allows to efficiently distribute and use information resources and to carry out a current valuation of supply, demand and society's need in these resources, etc. 
Keywords: informative-financial environment, asymmetry of socio-economic development, optimisation, information paradigm, management system, information-financial support, integral estimation, information, finances, regional economy
Gulyaev P.V. - The Impact of the Information-Financial Environment Density on the Socio-Economic Development of a Region's Administrative-Territorial Units pp. 179-192

DOI:
10.7256/2454-0765.2016.3.68223

Abstract: The subject of the research is the information-financial support of the regional economical management systems. The author proposes a hypothesis that there is a certain regional information-financial environment that influences the level of the socio-economic development of the Russian Federation constituents and administrative-territorial units as part of a region. The author also assumes that by impacting the information-financial environment it is possible to optimize regional finances and regional economy in general. The purpose of the research is to give a definition and to describe the main features of the information-financial environment. The article presents the results of the research that studied management systems of the information-financial environment for the purpose of their possible optimisation taking into account the modern information paradigm. The author introduces his method of evaluating the information-financial environment density and relevant calculation data. The author also performs a comparative analysis of integral estimations of the information-financial environment density and the level of the socio-economic development of administrative-territorial units in the Republic of Sakha (Yakutia). As a result of the comparative analysis, the author describes a group of districts with the low density of the information-financial environment and consequently low level of the socio-economic development. The author offers to introduce a new category - information-financial environment. The presence of this category allows to state the fact that a new innovative form of economical organization has been originated. The following author's statement can serve as a postulate: only the high density and capacitance of the information-financial environment allows to efficiently distribute and use information resources and to carry out a current valuation of supply, demand and society's need in these resources, etc. 
Keywords: informative-financial environment, asymmetry of socio-economic development, optimisation, information paradigm, management system, information-financial support, integral estimation, information, finances, regional economy
Innovations, innovative activities
Ledeneva M.V., Parfenova M.V. - Foreign Models of Innovation Vouchers: Similarities and Differences

DOI:
10.7256/2454-0765.2016.3.20412

Abstract: The object of the research is the foreign models of innovation vouchers. The subject of the research is the following parameters of the foreign models of innovation vouchers: the voucher value; criterias to be satisfied by a receiving company and service providers; co-funding requirements; kinds of services covered by the innovation voucher; the procedure for selecting a winning company,e tc. The authors of the article view such aspects of the topic as the pluses and minuses, risk factors, efficiency of innovation vouchers, and 'delicate adjustment' factors for this tool of innovation policy. They also describe the models of innovation vouchers used in the Netherlands, Ireland, Great Britain, Denmark, Bulgaria, and CIS countries. Based on the systems approach to the object of the resaerch, the authors have also applied historical, logical, monographic methods and comparative and structural analysis. The author conclude that the popularity of innovation vouchers can be explained by their simplicity and efficiency. However, considering that the long-term efficiency of innovation vouchers have not been proved yet, the model of innovation vouchers should be combined with other tools. Implementation of innovation vouchers in CIS countries is complicated due to the underdeveloped market mechanisms and high corruption level, thus it requires additional risk coverage. 
Keywords: innovative projects, research and development, commercialization of knowledge, knowledge transfer, small business, innovations, innovation vouchers, Netherlands, United Kingdom, Ireland
Ledeneva M.V., Parfenova M.V. - Foreign Models of Innovation Vouchers: Similarities and Differences pp. 193-207

DOI:
10.7256/2454-0765.2016.3.68224

Abstract: The object of the research is the foreign models of innovation vouchers. The subject of the research is the following parameters of the foreign models of innovation vouchers: the voucher value; criterias to be satisfied by a receiving company and service providers; co-funding requirements; kinds of services covered by the innovation voucher; the procedure for selecting a winning company,e tc. The authors of the article view such aspects of the topic as the pluses and minuses, risk factors, efficiency of innovation vouchers, and 'delicate adjustment' factors for this tool of innovation policy. They also describe the models of innovation vouchers used in the Netherlands, Ireland, Great Britain, Denmark, Bulgaria, and CIS countries. Based on the systems approach to the object of the resaerch, the authors have also applied historical, logical, monographic methods and comparative and structural analysis. The author conclude that the popularity of innovation vouchers can be explained by their simplicity and efficiency. However, considering that the long-term efficiency of innovation vouchers have not been proved yet, the model of innovation vouchers should be combined with other tools. Implementation of innovation vouchers in CIS countries is complicated due to the underdeveloped market mechanisms and high corruption level, thus it requires additional risk coverage. 
Keywords: innovative projects, research and development, commercialization of knowledge, knowledge transfer, small business, innovations, innovation vouchers, Netherlands, United Kingdom, Ireland
Statistics
Karelina M.G. - Assessing Structural Changes in the Intergrative Activity of Holding Entities

DOI:
10.7256/2454-0765.2016.3.19769

Abstract: The structure of a complex socio-economic phenomonon such as the integrative activity of Russian holding units in various Russia's economic sectors always have this or that degree of flexibility and ability to change with time both quantitatively and qualitatively. Therefore it is theoretically and practically important to study dynamics of such a structure, to evaluate structural changes, to define and characterize the main integration process development trends in order to increase efficiency and competitive ability of Russian economy. In the course of writing the article the author has used the following research methods: observation, comparison, systems analysis, generalization, systematization, classification, and statistical analysis. The article presents the results of statistical research of the integrative activity of holding entities in various Russia's economic sectors based on the analysis of structural shifts. The results of the analysis can be used to establish the infrastructure of the market for corporative control and to develop efficient state policies in the sphere of sectoral management of the integrative activity. 
Keywords: mergers and acquisitions, statistical analysis, structure, holding, holding unit, structural shift, descriptive analysis, statistics, integrative activity, integration
Karelina M.G. - Assessing Structural Changes in the Intergrative Activity of Holding Entities pp. 208-215

DOI:
10.7256/2454-0765.2016.3.68225

Abstract: The structure of a complex socio-economic phenomonon such as the integrative activity of Russian holding units in various Russia's economic sectors always have this or that degree of flexibility and ability to change with time both quantitatively and qualitatively. Therefore it is theoretically and practically important to study dynamics of such a structure, to evaluate structural changes, to define and characterize the main integration process development trends in order to increase efficiency and competitive ability of Russian economy. In the course of writing the article the author has used the following research methods: observation, comparison, systems analysis, generalization, systematization, classification, and statistical analysis. The article presents the results of statistical research of the integrative activity of holding entities in various Russia's economic sectors based on the analysis of structural shifts. The results of the analysis can be used to establish the infrastructure of the market for corporative control and to develop efficient state policies in the sphere of sectoral management of the integrative activity. 
Keywords: mergers and acquisitions, statistical analysis, structure, holding, holding unit, structural shift, descriptive analysis, statistics, integrative activity, integration
Flow of financial resources
Krylov O.M. - Monopoly Organization of Monetary Circulation of Public Legal Education as a Constitutional Principle of the Financial Activity of the State and Municipalities

DOI:
10.7256/2454-0765.2016.3.20238

Abstract: The subject of the present research is various legal rules governing public relations in the process of monetary circulation. The arrangement of monetary circulation in the Russian Federation is based on a combination of various fundamental principles. The effect of these principles applies to the financial activities of the state and municipalities which are legal activity  organizing the circulation of money in the field of public finance. Compliance with the principles of the arrangement of monetary circulation is the basis to achieve maximum efficiency of the financial activities of the Russian Federation and municipalities. The methodological basis of the research is the dialectical method of scientific knowledge of social, economic, and legal phenomena in their interrelationship and interdependence. The reliability and validity of the results achieved through the combined use of systems-structural, comparative legal, formal legal and logical-theoretical methods and descriptive method, analysis, synthesis, generalization and other methods. As a result of the research the author concludes that the provisions of the Constitution (1993) set out in Articles 71-73, 75, 106, 132, establish the principle of a monopoly organization of monetary circulation in public legal education. The author also reveals the content of these Articles in relation to the financial activities of the state and municipalities.
Keywords: principle, money issue, monopoly organization, municipality, state, public finances, money currency, financial activity of the state, the Bank of Russia, circulation
Krylov O.M. - Monopoly Organization of Monetary Circulation of Public Legal Education as a Constitutional Principle of the Financial Activity of the State and Municipalities pp. 216-228

DOI:
10.7256/2454-0765.2016.3.68226

Abstract: The subject of the present research is various legal rules governing public relations in the process of monetary circulation. The arrangement of monetary circulation in the Russian Federation is based on a combination of various fundamental principles. The effect of these principles applies to the financial activities of the state and municipalities which are legal activity  organizing the circulation of money in the field of public finance. Compliance with the principles of the arrangement of monetary circulation is the basis to achieve maximum efficiency of the financial activities of the Russian Federation and municipalities. The methodological basis of the research is the dialectical method of scientific knowledge of social, economic, and legal phenomena in their interrelationship and interdependence. The reliability and validity of the results achieved through the combined use of systems-structural, comparative legal, formal legal and logical-theoretical methods and descriptive method, analysis, synthesis, generalization and other methods. As a result of the research the author concludes that the provisions of the Constitution (1993) set out in Articles 71-73, 75, 106, 132, establish the principle of a monopoly organization of monetary circulation in public legal education. The author also reveals the content of these Articles in relation to the financial activities of the state and municipalities.
Keywords: principle, money issue, monopoly organization, municipality, state, public finances, money currency, financial activity of the state, the Bank of Russia, circulation
Banking supervision
Korkushko M.V. - The Problems of the Current System of Interaction Between Non-Payers as Physical Entities and Prevention Methods

DOI:
10.7256/2454-0765.2016.3.20343

Abstract: The article is devoted to the analysis of the issues arising in the process of interacting with defaulted loanees as physical entities. The scope of the research covers the process of interaction with banks and collectors, bankruptcy process and proceedings, and application for the loan restructuring. Korpushko also describes certain categories of loanees who do not have substantial alternatives to restore their solvency. According to the author, in order to eliminate arising drawbacks it is necessary to reform the system of interaction with loanees, however, such transformation would demand serious financial investments and legislation improvement. In this regard, the author offers methods to prevent past-due liabilities. In the process of the research the author has applied such methods as literature review, analysis and synthesis, comparison, induction, deduction, abstraction, formalisation and hierarchical classification method. The author also offers particular variants of preventing past-due liabilities including regulation of the debt-to-income ration (DTI), insurance rates and blocking the interest from charged amounts with the following transfer of the sum to the account of debt recovery. The author notes that the DTI level should be less than 50% and directly correlates to a loanee's mandatory expenditures depending on the region of his or her domicile and salary level. 
Keywords: credit reference bureau , past-due debt, uncollectable debts, collection service, non-payment, debt load, DTI, debt collection agencies, restructuring, personal bankruptcy
Korkushko M.V. - The Problems of the Current System of Interaction Between Non-Payers as Physical Entities and Prevention Methods pp. 229-240

DOI:
10.7256/2454-0765.2016.3.68227

Abstract: The article is devoted to the analysis of the issues arising in the process of interacting with defaulted loanees as physical entities. The scope of the research covers the process of interaction with banks and collectors, bankruptcy process and proceedings, and application for the loan restructuring. Korpushko also describes certain categories of loanees who do not have substantial alternatives to restore their solvency. According to the author, in order to eliminate arising drawbacks it is necessary to reform the system of interaction with loanees, however, such transformation would demand serious financial investments and legislation improvement. In this regard, the author offers methods to prevent past-due liabilities. In the process of the research the author has applied such methods as literature review, analysis and synthesis, comparison, induction, deduction, abstraction, formalisation and hierarchical classification method. The author also offers particular variants of preventing past-due liabilities including regulation of the debt-to-income ration (DTI), insurance rates and blocking the interest from charged amounts with the following transfer of the sum to the account of debt recovery. The author notes that the DTI level should be less than 50% and directly correlates to a loanee's mandatory expenditures depending on the region of his or her domicile and salary level. 
Keywords: credit reference bureau, past-due debt, uncollectable debts, collection service, non-payment, debt load, DTI, debt collection agencies, restructuring, personal bankruptcy
Taxation of organizations
Paliuvina A.S., Kashirina M.V. - Improving the System of Tax Incentives in the Calculation of the Mineral Extraction Tax in the Russian Federation

DOI:
10.7256/2454-0765.2016.3.18618

Abstract: The article addresses the problem of reducing the use of mineral extraction tax rates, in particular for oil, as well as highlights the difficulty encountered when calculating the mineral extraction tax in accordance with the regulations determining the reduction factors. The necessity of differentiating the tax on extraction of mineral resources was noted, however, continued reforms of the tax law makes it difficult to make decisions on companies investing in new regions of oil production. Benefits mineral extraction tax stimulate involvement in the development of hydrocarbon reserves, the development of which is inefficient and impractical in the absence of stimuli. The research methodology is based on logical analysis of legal norms of the tax legislation on the taxation of hydrocarbons as well as other research methods such as synthesis, deduction, and graphical method. The authors have presented proposals for tax incentives stranded oil production as well as reflect the ideas to improve the taxation of hydrocarbon production through the use of tax incentives. Particular attention is paid to the economic viability of exploration work on the new mineral deposits.
Keywords: hard-to-recover reserves, tax exemptions, level of depletion, mining sector, differentiation of MET, reduction factors, oil industry taxation, exploration, new hydrocarbon deposits, tax revenues
Palyuvina A.S., Kashirina M.V. - Improving the System of Tax Incentives in the Calculation of the Mineral Extraction Tax in the Russian Federation pp. 241-246

DOI:
10.7256/2454-0765.2016.3.68228

Abstract: The article addresses the problem of reducing the use of mineral extraction tax rates, in particular for oil, as well as highlights the difficulty encountered when calculating the mineral extraction tax in accordance with the regulations determining the reduction factors. The necessity of differentiating the tax on extraction of mineral resources was noted, however, continued reforms of the tax law makes it difficult to make decisions on companies investing in new regions of oil production. Benefits mineral extraction tax stimulate involvement in the development of hydrocarbon reserves, the development of which is inefficient and impractical in the absence of stimuli. The research methodology is based on logical analysis of legal norms of the tax legislation on the taxation of hydrocarbons as well as other research methods such as synthesis, deduction, and graphical method. The authors have presented proposals for tax incentives stranded oil production as well as reflect the ideas to improve the taxation of hydrocarbon production through the use of tax incentives. Particular attention is paid to the economic viability of exploration work on the new mineral deposits.
Keywords: hard-to-recover reserves, tax exemptions, level of depletion, mining sector, differentiation of MET, reduction factors, oil industry taxation, exploration, new hydrocarbon deposits, tax revenues
Taxation of natural persons
Lapshina A.S. - The New Order of Residential Property Taxation: the Nature and Consequences

DOI:
10.7256/2454-0765.2016.3.17944

Abstract: The article considers the topical issues of the current tax system reform in Russian Federation in terms of the transition to the determination of real estate tax rates on the basis of the cadastral value. The author of the article analyzes the changes in the taxation of residential property the objectives of which are to solve the problem of filling local budgets and to increase their independence as well as to improve the efficiency of solving the problems of local government. The author reveals the impact of the transition to the cadastral value as the tax base for individual income taxation. The author presents a comparative analysis of the earlier and introduced in 2015 approaches to property taxation and describes the positive and negative aspects of the new order. The article presents the author's calculations of tax burden on different family models. Calculations are made on the basis of the author's formed database of residential real estate in Rostov-on-Don. The author concludes that it is necessary to improve the mechanisms of assessing the real state valua and the amount of tax on individual property. 
Keywords: reformation of the taxation system, tax burden, taxation of individuals, system of property taxation, local budget, cadastral values, assessed (inventory) value, mass casuality, real estate taxation, tax policy
Lapshina A.S. - The New Order of Residential Property Taxation: the Nature and Consequences pp. 247-253

DOI:
10.7256/2454-0765.2016.3.68229

Abstract: The article considers the topical issues of the current tax system reform in Russian Federation in terms of the transition to the determination of real estate tax rates on the basis of the cadastral value. The author of the article analyzes the changes in the taxation of residential property the objectives of which are to solve the problem of filling local budgets and to increase their independence as well as to improve the efficiency of solving the problems of local government. The author reveals the impact of the transition to the cadastral value as the tax base for individual income taxation. The author presents a comparative analysis of the earlier and introduced in 2015 approaches to property taxation and describes the positive and negative aspects of the new order. The article presents the author's calculations of tax burden on different family models. Calculations are made on the basis of the author's formed database of residential real estate in Rostov-on-Don. The author concludes that it is necessary to improve the mechanisms of assessing the real state valua and the amount of tax on individual property. 
Keywords: reformation of the taxation system, tax burden, taxation of individuals, system of property taxation, local budget, cadastral values, assessed (inventory) value, mass casuality, real estate taxation, tax policy
Public Finance comparative Law
Dudin P.N., Pavlov A.K. - Financial System of Quasi-States in Northeast China During the Japanese Occupation: Organizational Governance and Legal Regulation

DOI:
10.7256/2454-0765.2016.3.19661

Abstract: The subject of the present research article is the organizational bases of quasi-states of Northeast Asia's financial systems created in 1930 during the occupation of the region by the Japanese armed forces. Much attention is paid to the financial system of Manchukuo as a political phenomenon which was one of the first to be created on the continent and served as a model for similar state political organizations. The system of public financial institutions is studied and the functions and responsibilities of key government bodies are characterized. Based on rich archival material and data not published earlier in Russian academic journals, the author examines the stages of the development of the financial system, its ideological basis, levels (national, provincial, district) as well as highlights the specifics of financial management bodies construction in the administrative-territorial units with a special status. A significant part of the research is devoted to the issues of legal regulation of financial relations: normative legal acts regulating the state apparatus financing activities. At the end of the article the author provide a comparative analysis of the state system of Manchukuo with other political organizations and conclude about the identity of their financial systems as well as the effective policy of the occupying forces. The article is funded by the President of the Russian Federation Grants Council support of young Russian scientists and PhDs "Quasi-States of Inner Asia: The issue of statehood in the context of the struggle for self-determination of nations" (MK-6398.2016.6). 
Keywords: Administrative Yuan, Japanese occupying forces, public authorities, Mengjiang, Manchukuo, Northeast China, quasi-state, financial system, Ministry of Finance, financial policy
Dudin P.N., Pavlov A.K. - Financial System of Quasi-States in Northeast China During the Japanese Occupation: Organizational Governance and Legal Regulation pp. 254-265

DOI:
10.7256/2454-0765.2016.3.68230

Abstract: The subject of the present research article is the organizational bases of quasi-states of Northeast Asia's financial systems created in 1930 during the occupation of the region by the Japanese armed forces. Much attention is paid to the financial system of Manchukuo as a political phenomenon which was one of the first to be created on the continent and served as a model for similar state political organizations. The system of public financial institutions is studied and the functions and responsibilities of key government bodies are characterized. Based on rich archival material and data not published earlier in Russian academic journals, the author examines the stages of the development of the financial system, its ideological basis, levels (national, provincial, district) as well as highlights the specifics of financial management bodies construction in the administrative-territorial units with a special status. A significant part of the research is devoted to the issues of legal regulation of financial relations: normative legal acts regulating the state apparatus financing activities. At the end of the article the author provide a comparative analysis of the state system of Manchukuo with other political organizations and conclude about the identity of their financial systems as well as the effective policy of the occupying forces. The article is funded by the President of the Russian Federation Grants Council support of young Russian scientists and PhDs "Quasi-States of Inner Asia: The issue of statehood in the context of the struggle for self-determination of nations" (MK-6398.2016.6). 
Keywords: Administrative Yuan, Japanese occupying forces, public authorities, Mengjiang, Manchukuo, Northeast China, quasi-state, financial system, Ministry of Finance, financial policy
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