Financial Law and Management - rubric Finances: management and control
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MAIN PAGE > Journal "Financial Law and Management" > Rubric "Finances: management and control"
Finances: management and control
Safonenkov P.N. - Administrative Persuasion and Coercion as Methods of Public Administration pp. 1-12

DOI:
10.7256/2454-0765.2017.2.18651

Abstract: The subject of research involves theoretical and legal basis of administrative persuasion and coercion as methods of state control undertaken under their dialectical unity. The author describes features and characteristics of each of these methods, offers his own definition of administrative persuasion and coercion, and says that a correct understanding of the methodology of public administration as a system of methods of organized activities performed by authorized bodies of public administration is essential for the resolution of problems of state management in general and administrative sanctions, in particular. The methodological basis for the article was formed by the current achievements of the theory of knowledge. In the course of his research Safonenkov has used theoretical, general philosophical methods (dialectic, systems approach, analysis, synthesis, observation), traditional legal methods (formal logical), and others. The novelty of the research is caused by the fact that the author carries out a theoretical analysis of administrative methods of persuasion and coercion as methods of public administration in conjunction with each other. The author concludes that the methodology of public administration is a system of methods (principles, methods, techniques and tools) used by authorized bodies of public administration to organise their activities, including administrative persuasion and administrative coercion. Administrative persuasion is a system of methods that is carried out by authorized authorities and implies explanatory, educational, and incentive measures with the aim of making management entities to understand the need to comply with the legislation. The belief acts primarily on the consciousness of management entities. Administrative coercion is a way to influence the will of management entities involving the application of administrative penalties for past violations, and a variety of actions (measures) that are not related to administrative offences.
Keywords: jurisdiction, methods, characteristics, measures, persuasion, types, administrative coercion, prevention, suppression, punishment
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. 
Keywords: accounting (financial) statements, element, system, environment, owner, external, internal, control, auditing, information
Savostyanov G.P. - The Legal Essence and Importance of Financial Responsibility pp. 9-16

DOI:
10.7256/2454-0765.2018.2.25872

Abstract: The subject of the research. The article is devoted to the negative consequences of the non-observance of financial responsibility by organisations both in relation to their counter-agents (for example, untimely payment of recievables) and state (minimization of tax payments). These consequences include severe losses and failures of the financial system. The researcher examines the legal essence of financial responsibility  and whether it is possible to view it as an independent type of public responsibility. He also studies types of financial responsibility and sanctions for the violation of each of them. The research method is based on the dialectical method that implies the analysis of financial relations of a legal entity as well as analysis and sythesis. The scientific novelty. Based on the research results, the author defines the importance of financial responsibility that is to guarantee the financial discipline of physical and legal entities and proves the need to give a definition of this term in the Russian law in order to raise the level of trust and market transparency and financial discipline of economic relation participants. Conclusions. The importance of financial responsibility is caused by the need to increase the level of financial market transparency and the growth of trust of market relations participants in the financial system of the state which is impossible without institutionalization of the definition of financial responsibility. For this reason, the author suggests to improve the current law in the sphere of financial responsibility of legal entities that impose responsibility not only for non-performance of tax obligations but also other financial obligations which directly or indirectly may harm the state or citizens. 
Keywords: penny, fine, financial offense, financial liability, financial responsibility, financial discipline, accounts receivable, arrears, tax revenues, Financial and legal sanctions
Korolev G.A., Ryzhov V.B. - Legal Regulation of Credit Organizations' Activity in Eurasian Economic Union Founding States pp. 11-27

DOI:
10.7256/2454-0765.2017.4.22224

Abstract:  The article is devoted to the issues that may arise in the process of legal regulation of credit orgaizations' activity within the Eurasian Economic Union. The aim of the research is to develop single legal mechanisms for regulating social relations in the credit-and-monetary sphere. The subject of the research is a set of associated laws and acts that regulate the activity of credit organizations. The authors of the article analyze the legislative policy of the Republic of Belarus, Russian Federation and Republic of Kazakhstan aimed at developing single legal mechanisms of credit-and-monetary integration. The authors underline that generally speaking, regional economic integration of the Eurasin Economic Union can be successful if the Union's policy continues to have positive dynamics of both financial and credit-and-monetary spheres. The methodological basis of the research implies the normative, complex, systems approaches to analyzing law and order in the sphere of credit-and-monetary relations established or being developing in the territories of the Union member-states. The comparative law method was especially used by the authors during their research and the authors, in fact, built the research model thereupon. The authors also used the history of law method to analyze the development of the EEU member states from the point of view of history. Based on available experience of this new form of international regional cooperation that was initially created on the basis of economic integration, the authors conclude that harmonization and unification of the EEU member states' legislation in the sphere of public finances will be a considerable step towards fuller integration. At the same time, there are certain differences and common features in the legal regulation of these founding states. 
Keywords: economic integration, Eurasian Economic Union, unification of legislation, harmonization of legislation, integration law, finance market, banking business, credit organization, integration organization, financial law
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. 
Keywords: life-cycle of the enterprise, regional stock markets, coefficient, model, financial standing, financial statements, financial analysis, financial strategy, fundamental analysis, financial management of the enterprise
Porunov A.N. - On the Methodology for Assessing the Comparative Effectiveness of the Implementation of the Consolidated Budget by the Russian Federation Constituents in the Sphere of Preschool Education pp. 23-41

DOI:
10.7256/2454-0765.2018.1.22393

Abstract: Despite tangible progress in the development of the federal system for assessing the quality of preschool education, the key problem at the present stage of its development is the problem of imbalance in assessing the comparative effectiveness of financial resources channeled to the regions for the development of pre-school education. This, to a large extent, makes it difficult to take sufficiently effective managerial decisions to improve its quality. At the same time, in the world practice, considerable experience has been accumulated in the application of DEA analysis tools for solving similar problems. The article considers key aspects of the methodology for assessing the comparative effectiveness of financial management based on Data Envelopment Analysis (DEA) or DEA analysis. DEA-analysis was used by the author to comprehensively assess the comparative effectiveness of the implementation of the consolidated budget by the constituent entities of the Federation and territorial state extra-budgetary funds in the sphere of preschool education for the year 2015. The methodological tools of the study are based on methods of system analysis, mathematical, economic, statistical analysis, decomposition and aggregation. The results of the DEA analysis of the results of the implementation of the consolidated budget by the Russian Federation constituents and territorial state extra-budgetary funds in the sphere of preschool education showed that the absolute majority of regions (94%) had extremely low comparative performance of the consolidated budget for best practices. The best practice (absolutely effective) budget execution at the time of the survey was observed in the Chukotka Autonomous District.
Keywords: pedagogical staff, constituent, regional management, validity, DEA-method, comparative economic efficiency, Pre-school education, consolidated budge, infrastructure, pre-school educational institution
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.     
Keywords: public finance, budget, budget for citizens, open budget, local authorities, index of open budget, fiscal policy, budget revenues, budget expenditures, rating
Burov P.D. - The Main Conditions and Problems of Developing a Credit Rating Position of a Commercial Bank's Lendee

DOI:
10.7256/2454-0765.2016.4.21384

Abstract: The main purpose of a bank is to maintain the balance between risk and profitability of credit operations by competently managing credit risk and, first of all, evaluating creditability of lendees which is performed through improving credit risk management and developing guidelines on creditability evaluation. The purpose of the present article is to offer an efficient inventory for evaluating the level of creditability and making a rating of a lendee based on the points evaluation method. The research is based on the method described in a modified scheme of Central Bank of Russia's Instructions No. 2005 dated May 28, 2008 'On Evaluating the Economic Position of Banks'. Their modified approach to evaluating creditability and developing a credit rating of a lendee from a commercial bank implies, first of all, establishing a set of indicators for evaluating a lendee's level of creditability but the economic position of a bank, secondly, assigning certain points to a lendee, thirdly, calculating points as multiplying the level and the indicator's value; and fourthly, creating a rating where the first place is given to the most unsatisfactory lendees, the second place is the 'doubtful' lendee', the third place is a satisfactory lendee and the fourth place is a good lendee. Based on these indicators the general indicator is calculated as a weighted average of creditability showing a lendee's rating in points. The result of the article is the proof that the offered inventory of making a credit rating of a commercial bank's lendee allows to raise efficiency of the credit risk management. 
Keywords: efficiency of management, creditability indicators, evaluation, credit operations, profitability, credit risk, commercial bank, lendee, rating, creditability
Burov P.D. - The Main Conditions and Problems of Developing a Credit Rating Position of a Commercial Bank's Lendee pp. 293-298

DOI:
10.7256/2454-0765.2016.4.68532

Abstract: The main purpose of a bank is to maintain the balance between risk and profitability of credit operations by competently managing credit risk and, first of all, evaluating creditability of lendees which is performed through improving credit risk management and developing guidelines on creditability evaluation. The purpose of the present article is to offer an efficient inventory for evaluating the level of creditability and making a rating of a lendee based on the points evaluation method. The research is based on the method described in a modified scheme of Central Bank of Russia's Instructions No. 2005 dated May 28, 2008 'On Evaluating the Economic Position of Banks'. Their modified approach to evaluating creditability and developing a credit rating of a lendee from a commercial bank implies, first of all, establishing a set of indicators for evaluating a lendee's level of creditability but the economic position of a bank, secondly, assigning certain points to a lendee, thirdly, calculating points as multiplying the level and the indicator's value; and fourthly, creating a rating where the first place is given to the most unsatisfactory lendees, the second place is the 'doubtful' lendee', the third place is a satisfactory lendee and the fourth place is a good lendee. Based on these indicators the general indicator is calculated as a weighted average of creditability showing a lendee's rating in points. The result of the article is the proof that the offered inventory of making a credit rating of a commercial bank's lendee allows to raise efficiency of the credit risk management. 
Keywords: efficiency of management, creditability indicators, evaluation, credit operations, profitability, credit risk, commercial bank, lendee, rating, creditability
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