Law and Politics - rubric Stabilization systems: fiscal control

Abstract: The article is devoted to specifi c features of legal regulation of bank account contract, based on analysis of the practice of such states as the USA, the GB, France, Venezuela, etc. The author studies the legal nature of banks in developed Western states, as well as the models of formation of fi nancial market, types of banks and bank account contracts in these foreign states, he pays attention to measures, that the foreign states uptake in order to ensure return of money from these accounts. The author also offers to introduce into the Russian legislation some novelties in the sphere of bank account contracts, which are successfully used in foreign states.

Keywords: jurisprudence, bank, account, contract, law, regulation, credit organization, fi nances, contract, insurance.

Abstract: The article covers one of the most topical issues of local government – fi nancial support of local authorities in the course of execution of their powers. The author analyzes the reasons for underfunding, offers ways out of the current negative situation.

Keywords: local budget, unfunded mandates, spent powers, certain state powers, local taxes, inter-budget transfers.

Abstract: The article includes analysis of the topical problem, which has to do with improvement of banking legislation by creation of the Banking Code of the Russian Federation. The author provides a position on the nature an contents of this Code, analyzes international experience of codifi cation of banking legislation.

Keywords: jurisprudence, banking, banking legislation, Banking Code, banking activity, legal regulation, perspectives of development, improvement, banking activity, codifi cation, problems of improvement

Abstract: This article includes analysis of “infrastructure bond certificates” as independent type of instrument, standing in the same row with other institutions of state-private partnerships. The author also analyzes the issues of topicality of “infrastructure bond certificates” in the conditions of a global financial and economical crisis, when there’s an obvious deficit of credit resources for the construction of expensive infrastructure objects. Keywords: jurisprudence, investment, innovation, bonds, emitter, concessionary, concession agreement, offer, pension funds

Abstract: The article is devoted to topical problems of establishment and development of the legal status of the agricultural holdings as subjects of agricultural relations, their role in the conditions of global financial crisis and establishing the economic stability of agricultural producing firms, their ability to compete by integration into agricultural holdings. The author offers measures on improvement of legislation, which regulates the holding relations, in which agricultural producers participate. Keywords: jurisprudence, agricultural holding, legislation, legal draft, integration, holding relations with participation of agricultural producers, agricultural crediting, land, subsidies

Abstract: The author, based on the analysis of the arbitration practice of dispute resolution between the foreign investors and the state, which accepts investments, establishes the key reasons why the foreign investment tends to use the mechanism for ensuring foreign investment. The author includes general characteristics of the existing system of ensuring foreign investment from political risks. Much attention is paid to the tendencies of growth of private sector at the investment insurance market, and analyses the functioning of international legal mechanism of insurance as compared to the services offered by private insurance companies. Keywords: jurisprudence, investment, insurance, risk, subrogation, nationalization, compensation, arbitration, OPIC, MIGA

Abstract: “Criterion for Capital Control” is one of the criteria for the nationality of legal person. It cast considerable influence on both legislation and legal practice in the sphere of foreign investments in XX century. It appeared as a mechanism for control of “enemy legal persons”, and currently it plays double role, on one hand it limits the list of companies of strategical importance, on the other hand it broadens the list of companies on the list of Agreements for Protection and Support of Investments (as it’s formulated in some agreements). Keywords: jurisprudence, investments, foreign investments, legal person, control, nationality, legislation, personal status, incorporation, investor

Abstract: The article includes characteristic features of structure and tendencies of development of the banking sector and state regulation of national loan and financing systems of the Great Britain, China, the USA, and Germany. Based on the comparative analysis the author singles out general characteristics of functioning of modern banking systems. Based on comparative analysis of foreign and Russian experience, the author provides offers to reform the existing mechanism of regulation of the control over banking system in Russia by separation of the control and some regulating function from the Central Bank into the Federal Service on Bank Control and Financial Control, Agency for the Restructuring of Credit Organizations, and the Federal Fund for the Insurance of Bank Accounts. Much attention is paid to improvement of international regulation of credit and financing systems within the Bretton – Wood agreements, due to the influence of globalization, formation of a global financial system. Keywords: jurisprudence, banks, loan and financing institution, control, banking system, financial crisis, banking, services

Abstract: This article is devoted to the topical issue of cancellation of licensing of audit and transfer to the self-regulation. The author reviews the issue of legal regulation of subjects of professional audit. Keywords: jurisprudence, law, audit, evaluation, subject, self-regulation, membership, licensing, quality, service

Abstract: From August 12, 2005 within the framework of administrative offence law the courts gained the power to use temporary suspension of operations as a punishment under some articles of the Administrative Offences Code of the Russian Federation, provided that less severe punishments would fail to achieve the goals of administrative punishment. The term of such suspension of operations is up to 90 days. This article by S.E. Gorobtsova includes the study of theory and court practice of correlation of administrative fine and suspension of operations.

Abstract: As the author of this article points out, the effective functioning and the achievement of goals of legal responsibility of the credit organizations for the violations of the banks and credit laws cannot be ensured without due regard to the basic principles of such legal responsibility, as analyzed in this article.

Abstract: Theoretical grounds for taxes and taxation lack deep historical roots. Prior to XVII centuries relevant ideas lacked true systematic character, which does not allow us to recognize them as serious theoretical works in this sphere. The substitution of temporary and extraordinary taxes to the regular general taxes upset the people. It called for the theoretical grounds for taxation. This article by S.G. Vereschagin is devoted to the paradigms of taxation from the Ancient World to our days.

Abstract: The Budget Code of the Russian Federation contains many dubious provisions, including those on sanctions for the violations of the budget legislation. And the unfavorable economic situation makes the issue of budget sanctions especially topical…

Abstract: This article includes analysis of the key legislative and practical approaches to the nature of the bank pay-card with the credit function.

Abstract: As the author of this article points out, the practice of municipal self-government development clearly shows a number of problems related to the lack of sufficient and stable financing…

Abstract: The bankruptcy law is important both to the state and to the society, since bankruptcy of commercial entities inevitably influences the development of the market of a state. That is why, rehabilitation procedures are so valuable…

Abstract: One of the urgent problems of the participation of the Government of the Russian Federation in the legislative process is the mechanism for the implementation of Part 3 of Article 104 of the Constitution of the Russian Federation, which establishes that bills on the introduction or abolition of taxes, exemption from their payment, on the issue of government loans, on changes in financial obligations, as well as bills providing for expenses covered by the federal budget, They can be submitted to the State Duma only if there is an opinion of the Government of the Russian Federation. According to the author of the article, this constitutional and legal norm does not clearly regulate the relations related to the conclusion of the Government on the above-mentioned bills.

Abstract: This article contains critical analysis of the key contracts, which are concluded by the subjects of housing mortgage relations, namely, of credit contracts, mortgage contracts, purchase of a house/apartment, investment into building a condominium. The author also evaluates the newly introduced registration of mortgage-related contracts.

Abstract: Modern Russian legislation ever since 1993, when the Constitution of the Russian Federation was adopted, and till now, does not provide for adequate legislative protection of investors’ rights within the banking system of the Russian Federation. Lack of state guarantees, lack of responsibility of founders and directors of the credit organizations for non-return of deposits of physical persons made many credit structures effective as “washing machines” for money laundering. Author of this article offers her answer to the question: “Is it possible to protect deposits of physical persons, and do such guarantees exist abroad?”, studies experience of a number of foreign states, such as the USA, Germany, Luxembourg, Japan and Hungary.

Abstract: Development of legal knowledge in XIX and XX century was dominated by positivism, and legal positivism was one of the most powerful representatives of this trend. Legal positivism have always been attracting scholars by clarity of its provisions. However, as the authors of the article note, legal positivism is in fact neither optimistic or clear. This article is devoted to analysis of history of legal positivism, and it includes reviews of positions of Bentham, Mill and Austin, critical analysis of key provisions of legal positivism.

Abstract: Review of judicial decisions due to newly found circumstances is one of the key guarantees, allowing to deal with judicial errors, apply the court procedure in order to restore the balance and mend the wrongs in a particular case, after the decision of the lower court came into force. Of course, one would not say that judicial errors are unavoidable, however, the very presence of possibility of such review shows that the legislators considered the risks of judicial errors…

Abstract: Currently due to the development of budget legislation some institutions of budget law gain new meaning. One fine example is the instititution of responsibility for the violations of budget legislation. Since it is necessary to ensure obedience to the budget discipline, there came a new type legal responsibility – financial legal responsibility, as enshrined in the modern budget legislation. The article by A.Z. Arslanbekova is devoted to the topical issues in this sphere.

Abstract: As the author of this article points out, the analysis of Russian law and practice shows that the basis for the attraction of foreign investment into our economy had been set. At the same time there are contradictions and obvious lack of stability, which leads to endless violations by the subjects of taxation, lack of control over the commercial activities, tax evasion… What measures are to be taken to improve the situation…?

Abstract: The tax law of Great Britain has deep historical roots, and it’s quite specific, its specificity partly due to the very nature of Anglo-Saxon legal family. However, the tax system on the British Isles is undergoing a change. This article by E.V. Eremyan includes detailed analysis of both the history of taxes in the British Isles, and the basis for the current changes.

Abstract: The tendencies of development of economic crime and victimization at the current stage should be regarded as related matters, while the growth of one leads to growth in another and vice versa. This article by S. R. Batagov reviews these two aspects in their correlation, includes analysis of the current situation, as well as of statistical data.

Abstract: In late years the legal basis for the financial sphere in the Russian Federation was renewed, which was partly due its functional and structural problems. At the same time the financial sphere in our state seems to develop much faster than its normative legal basis, which, in turn, leads to gaps in the legislation. This article reviews the above-mentioned problems from the standpoint of the international legal standards.

Abstract: In the author’s point of view the provisions of the Constitution of the Russian Federation on the status of the constituent subjects of the Russian Federation fail to provide for their factual equality, while the potential for it is at hand. In the opinion of the author in order to solve the existing status problem, there needs to be a constitutional reform …

Abstract: The foreign element in the world cyber-space makes legal relations in the sphere of electronic commerce rather unstable. The ever-changing norms seem to apply to the particular moment of time and particular type of deals, rather than providing a stable legal basis for the regulation of the Internet trade.

Abstract: As the author of the article notes, the totality of the obligations of the host state during the admission of a foreign investor to its territory provides for the creation of favorable conditions for a foreign entrepreneur. Despite the relevant norms of customary international law on the creation of favorable conditions for the economic activity of a foreign investor, there is still no conventional requirement for the host country regarding foreign investment. In most countries, access to foreign capital is carried out in accordance with national legislation. What is the situation in Russia?

Abstract: As the author of this article points out, the legal position of the debtor management bodies within the procedure of sanitation has one key feature: with some limitations due to the competence of debtor and its bodies, the structure of management bodies remains unchanged. They keep functioning and expressing the will of the juridical person.

Abstract: The ideas of united Europe come from the past, and the modern integration tendencies have their roots in the years after WW2. Probably, formation of the unified Europe is one of the most large-scale social processes of the 2nd half of the XX century. Still, currently one cannot say that all contradictions are overcome. Rather, the process of integration becomes more and more complex. Its analysis is included into this article.

Abstract: Tax intake is one of the key elements of income of local budgets in the modern France. The number of local taxes in France is large and the general list includes about 40 entries. This article is devoted to study of this issue based on a number of examples, and it also includes statistical data.

Abstract: As the author of this article points out, the factual responsibility for non-guilty actions still exists. It is usually camouflaged by criminal legal prohibitions of socially useful activities, "rubber" definitions of crimes, political and ideological basis for guilt and means of practical application of this concept. The author of this article studies the problems of guilt and such aspects as material dependence. The author studies above-mentioned problems within the context of financial legislation.

Abstract: In this article based upon the analysis of existing organizational and legal problems of activities of control municipal units in the Russian Federation for the purposes of finding an optimum model of municipal financial control, the author turns towards the French experience of formation and functioning of regional accounting departments. Keywords: jurisprudence, financial control, municipal institutions, accounting chamber, France, Russia, reform of financial control, budget of municipal formations, procedure of financial control, regional accounting chambers

Abstract: This article is devoted to the problems of legal regulation of non-personalized metal accounts and responsible keeping metal accounts. The author evaluates, analyzes and gives detail to the structure of contract for metal account. The author also gives comparative legal analysis of a classic banking account and the non-personal metal account. Keywords: jurisprudence, bank account, metal account for responsible keeping, gold, non-personal metal account, precious, metals, silver, operations with precious metals, bank

Abstract: On the issue of reform and formation of inter-budgetary relations in the modern Russia. The author pays attention to the problems of inter-budgetary financing, regulation of inter-budgetary aid, principle of federalism in the budget law of the Russian Federation and its application.

Keywords: jurisprudence, principles, federalism, legislation, costs, budget, reform, region, funding, crisis

Abstract: In the current article, the author, based upon the legal analysis of the legislation of the FRG, sources of international law, European law, and scientific works of German lawyers, view the issues of investment relations. Much attention is paid to the reform of German investment legislation and the issues of European law in this sphere. Also, the Russian reader has an opportunity to find out more about not only the legal bases, but also about the institutions, which take part in regulation of investment processes. Based on the methods of scientific analysis and comparison, the author shows “string” and “weak” sides of legal regulation of foreign investments in Germany. The article includes official statistics of nett-volume of German investments abroad, and nett-volume of foreign investments into Germany.

Keywords: jurisprudence, action, derivative, European passport, investment, investment fund, credits, options, forwards, hedge-funds

Abstract: The article is devoted to the complex approach to solution of the problem of responsibility in the sphere of banking in the Russian Federation, as a combination of measures of legal responsibility.

Keywords: jurisprudence, responsibility, civil, administrative, criminal, financial, legal relations, banker’s order, credit, improvement

Abstract: In this article, based upon the analysis of Russian and foreign experience, the author shows the specific features of the formed banking system of the Russian Federation, including the ideas for improvement of the Russian banking system, as well as state control in the sphere of credits and finances by reforming the existing mechanism of control over the banking system in Russia by separating the control mechanism from the Central Bank of the Russian Federation and formation of the Federal Banking and Financial Control Service, Agency for the Restructuring of Credits, and the Federal Foundation for Insurance of Bank Accounts. Also, attention is paid to the need to improve the institutions of international regulation of credit and finances due to the influence of globalization, and formation of the global financial system.

Keywords: jurisprudence, banking system, banking systems of the foreign states, legal regulation, central bank, banking review, control, reform of the first level of the banking system, higher competition in the sphere of banking, entering the WTO, international fi

Abstract: In the conditions of globalization of world fi nancial markets the Russian banking system has became a part of world fi nancial system. In addition to obvious positive elements of it, the national banking system has became an object of more risks, to which it was not prepared (which is proven by the long-term fi nancial crisis at the modern stage of development of the banking sector). In the conditions. In the current situation in order to support the national banking system and to improve the competitiveness of the Russian banks and banking security, one should not only regulate banking risks more heavily, but also one should review the approach to analysis and evaluation of such risks, based on international legal norms.

Keywords: banking risks, credit organizations, banking security, fi nancial crisis, globalization, fi nancial stability, required standards, the Basel Committee, banking review, international norms

DOI: 10.7256/2454-0706.2023.2.39772

Abstract: The subject of this study is the norms of Russian financial legislation and scientific sources containing information that allows to determine the legal nature (legal essence) of the Bank of Russia's activities on supervision of the behavior of participants in the financial market of the Russian Federation. The object of the study is the social relations that arise during the implementation of banking supervision and behavioral supervision of the Central Bank of the Russian Federation. The author examines in detail the concept of the legal nature of behavioral supervision of the Central Bank of the Russian Federation, establishes an analogy with the legal nature of banking supervision, and also analyzes the control and supervisory state activities. Particular attention is paid to the concepts of the phenomenon under study that have developed in science during the period of supervision by the Central Bank of the Russian Federation. The main conclusions of the study are generalizations of the prevailing views on the legal nature of behavioral supervision of the Central Bank of the Russian Federation. The novelty of the research lies in the fact that the author is one of the few attempts to define the concept of behavioral supervision, its subject and object. Additionally, he draws attention to the fact that the current model of supervision over the behavior of financial market entities is not as formalized as the system of banking supervision, due to the objective impossibility of regulating dynamically developing relations. At the same time, it is determined that the characteristic features of behavioral supervision are the subject composition, which is characterized by the participation of the consumer of financial services, in this regard, it is concluded that behavioral supervision is the supervision of compliance with the rights of consumers of financial services, but at the same time attention is drawn to the fact that behavioral supervision can act as a continuation of banking supervision. The author notes that this classification directly depends on the purpose of supervisory measures, for example, checking a credit institution or considering a complaint from a consumer of financial services.

Keywords: behavioral regulation, unfair practices, financial law, financial control, legal regulation, consumer of financial services, Bank of Russia, banking supervision, Behavioral supervision, financial supervision

DOI: 10.7256/2454-0706.2020.5.32773

Abstract: This article is dedicated to study of peculiarities of legal regulation of the work of operators of foreign payment systems and foreign providers of payment services within the framework of national payment system of the Russian Federation. The object of this research is the public relations that emerge in the process of rendering payment services by foreign providers, their provision of electronic payment means for financial transfers on the territory of the Russian Federation, functionality of the operators of foreign payment systems, and supervision by the Bank of Russia. The subject of this research is the legislative norms on national payment system. The scientific novelty consists in the fact that based on the positions of the legislation on national payment system conclusions are made on peculiarities of carrying out supervision over the operators of foreign payment systems and foreign providers of payment services. This supervision is also indirectly carried out through Russian operators of financial transfers. In a case of failure by a foreign organization to meet the requirements established by the legislation on national payment system, the operators of financial transfers loses its right to take part in international payment systems and render financial services associated with transfer of funds using electronic payment methods rendered by foreign providers. The corresponding rules were set to ensure stability of national payment system, increase the quality of payment services, protect the rights and lawful interests of payment service consumers, and finally, ensure financial security of the Russian Federation.

Keywords: cross-border transfer of funds, financial control, Bank of Russia, money circulation, payment services, payment service provider, foreign payment system, national payment system, money, payment systems

DOI: 10.7256/2454-0706.2018.6.26536

Abstract: This article examines the theoretical positions on the role and place of Islamic finances within the system of public finances of the countries of the Arab East. The author substantiates the need for differentiation of the notions of “public finances”, “private finances”, and “Islamic finances” in the countries of the region, as each of the listed institutions has own individual peculiarities. It is also worth noting that in the countries of the Arab East the problem is exacerbated by the presence of the own system of values based on religion. The conducted analysis allows concluding that the division of finances into public and private in the Islamic world is problematic. At the same time, despite the substantial differences in the approach to finances in the Western and Islamic science, it is not possible to completely disassociate the Islamic finances from public.

Keywords: public interest, property rights, Zakat, Islamic law, Arab World, public finance, islamic finance, riba, prohibitions in Islam, purpose of finance

DOI: 10.7256/2454-0706.2018.2.22666

Abstract: The subject of this research is the normative legal acts that regulated control implemented in budged sphere, as well as the statistical data, which characterize its efficiency. Their analysis allows concluding that the authorities exercising control in the budget sphere, comparing to other control authorities (supervision), experience lesser procedural limitations and have more discretion in planning and conducting of audit. However, in its current form, budget control does not complete its main objective, namely does not compensation for the damages to the budget. The conducted research demonstrated that the inefficiency of budget control instruments aimed at compensating for damage to the budget, is justified not as much by the flaws in its procedures, as by the weakness of the system of budgetary, administrative, and criminal responsibility, as well as the lack of systemic approach towards counteracting the “inefficient” budget expanses. The author also underlines the absence of system of prevention of inefficient budget spending.

Keywords: misuse of public funds, effectiveness of state control, Federal Treasury of Russia, Accounts Chamber of the Russian Federation, financial control, budget control, budget responsibility, administrative responsibility, budget audit, prevention of unlawful actions

DOI: 10.7256/2454-0706.2020.4.32263

Abstract: Due to the extensive changes introduced into the Civil Code of the Russian Federation in 2017, which affected the area of electronic payments, it is relevant to examine the problem and peculiarities of legal regulation of their separate type – payments without a bank account. The subject of this research is legislation of the Russian Federation, case law and doctrine in the area of establishment and development of legal regulation of payments on behalf of private entities without opening a bank account. The object of this research is the public relations emerging in the sphere of legal regulation of payments by payment orders. Analysis is conducted on correlation between payment orders and payments without opening a bank account. The article also examines the grounds for refusal by credit institutions to accept a payment order. The conclusion is made on the existence of discrepancies in understanding of particular grounds for refusal by credit institution to accept payer’s order on transferring funds to a recipient. The formulated conclusions are supported by the law enforcement practice that does not contain the exhaustive list of reasons for refusal. Therefore, the article offers an original interpretation of the Paragraph 2 of Section 2 of the Article 864 of the Civil Code of the Russian Federation stipulating the reasons for refusal to accept payment order for execution.

Keywords: payment orders, forms of non-cash payments, non-cash payments, transfer order, payments of individuals, bank account, legal regulation, payments by payment orders, payments, bank account opening

Abstract: Since the beginning of the reform of the pension system in Russia, measures have been actively implemented aimed at forming citizens' economic interest in transferring the funded part of the pension to the non-state pension sector. Non-state pension provision began to be considered as a real alternative to state provision. As a result of the socio-economic reforms carried out in our country during the 1990s, there was an objective need to change the system of legal regulation of pension provision…

Abstract: In this article the judge of the Court of Energy Arbitration A.R. Sultanov continues a heated dicussion on application of Article 389 of the Civil Procedural Code of the Russian Federation, which was started earlier by a number of articles by himself, as well as the Chairman of the Supreme Court of the Republic of Khakasia S.V. Potapenko. The dicussion is devoted to a topical issue – ensuring stabilizing function of the judicial system, predictability of the Russian justice.

DOI: 10.7256/2454-0706.2020.10.34174

Abstract: Relevance of the selected topic is justified by the importance of the institution of liability for the current tax systems, since taxpayers are not always willing to voluntarily part with their earnings. Drawing on the experience of the developed countries can be valuable in determining advantages and disadvantages of the models of the institution of liability for violations of tax legislation, with future consideration in reforming the corresponding sphere of social relations in Russia. The goal of this work consists in examination of peculiarities of the institution of liability for violation of tax legislation in the United States, jurisdiction with one of the most effective tax systems in the world. For achieving the set goal, the author sets a number of scientific tasks, among which is consideration of the types of liability for violation of tax legislation in the United States and questions of their demarcation, as well as the forms of penalties for violating tax legislation. The following conclusions were made: 1) liability for violation of tax legislation in the United States can be either criminal or civil; 2) both types of liability are established in the same legislative act – the Internal Revenue Code; 3) demarcation of liability is rather conditional, depending on the type of offence, severity of penalties for its commission, as well as procedure of implementation of liability; 4) civil liability for violation of tax legislation in the United States has no parallels with the Russian law, and essentially incorporates the features of administrative and civil liability; 5) since in the United States law, civil penalties can have restorative justice nature, a person can be subject to both administrative and criminal liability for the same offence.

Keywords: administrative liability, misdemeanor, felony, civil penalties, criminal liability, civil liability, налоговое преступление, Internal Revenue Code, tax offense, US tax law

Abstract: The intrusion of the Coalition powers into Iraq in 2003 was based on the assumption that Iraq possesses mass destruction weapons and the means of their employment, as well as retains close relations with various international terrorist organizations, especially the Al-Quaeda. However, these statements did not find adequate proof. Is the argument of the USA on self-defense from the unavoidable danger adequate?

Abstract: To date, any full coverage of expenditure needs financed from local budgets is impossible outside of the financial resources coming to these budgets through the channels of inter-budgetary relations. According to experts, for both the majority of existing and newly created local governments, the nature of their budgetary relations with the subject of the Federation remains a key factor determining their ability to solve the main problems of economic and social development on the ground. Municipalities are heavily dependent on gratuitous transfers provided from budgets of other levels.

DOI: 10.7256/2454-0706.2019.1.28624

Abstract: The subject of this research is the questions of providing certain legal guarantees to foreign investors, reflected in the provisions of national legislation considering its recent amendments, as well as the texts of bilateral intergovernmental agreements via example of Russia and China. The authors focuses attention on such guarantees as the guarantee for compensation in terms of expropriation (nationalization) of the property of foreign investor; transfer of payments related to realization of investment activity; insurance of noncommercial risks (of political nature) in the activity of foreign investors; stabilization clause, etc. The scientific novelty consists in the comparative-legal study of peculiarities of the content of legal guarantees provided to the foreign investors in Russia and China. The author comes to a conclusion that the approaches of a legislator towards the content of legal guarantees at the national level have certain variances, while the provisions of intergovernmental agreement between Russia and China of 2006 secures all of the fundamental state guarantees for the foreign investors that carry financial and political character.

Keywords: umbrella clause, investment insurance, expropriation of property, intergovernmental agreement, legal guarantees of investors, investments, Russia, China, transfer guarantee, non-commercial risks

DOI: 10.7256/2454-0706.2019.3.28995

Abstract: The subject of this research is the means of counteracting price manipulations in corporate procurement. The author examines the possible risks of reducing competitive environment in corporate procurement, as the portion of the latter in overall cash flaw in this sphere in Russia is quite significant. Entering into civil law relations, both, the procurers and bidders are not immune from possible violations of their rights with regards to conducting procurements. The author attempted to answer the question: how to avoid or minimize the potential losses from unjust acts. The relevance is substantiated by the need for introducing certain legal regulations into the legislation of the Russian Federation for managing legal relations in application of the Federal Law No. 223-FZ of July 16, 2011 On Procurement of Goods, Works and Services by Certain Types of Legal Entities”. The author analyzes the statutory provisions that regulate procurement process, as well as proposes a number of solutions aimed at filling the gaps in legislative acts and harmonization of national legislation with the international legal standards regulating this branch of the economy.

Keywords: protective measures, prevention of corruption, adverse consequences, unfair competition, procurement efficiency, procurement law relations, competitive environment, price manipulation, lack of discrimination, justice

Abstract: After the break-up of the Sovied Union, the formation of the Payment Union and international institution of banking cooperation has become an important condition for the development of cooperation on the post – Soviet territory and normalization of the payment relations. There is now a number of both international and national acts aimed to develop these institutions, and they are the subject of the studies, provided in this article.

Abstract: One of the elements of the legal status of the banking secret as an object of legal regulation includes legal guarantees of client’s rights. These guarantees may be defined as a combination of legally provided means, aimed to ensure protection of the right to the banking secret. In the author’s point of view, all types of guarantees of the banking secret may be differentiated into two groups: legal responsibility of the subjects of the banking secret and other types of guarantees…

DOI: 10.7256/2454-0706.2019.3.29071

Abstract: The object of this research is the bank guarantee within contract system. The subject is the quality of an independent bank guarantee in contract system used in the process of realization of the provisions of civil law and Law on the Contract System. Particular attention is given to the correlation between the norms of private and public law, as well as the characteristics of accessory nature of obligations and independent bank guarantee. The author analyzes case law and issues emerging in legal enforcement of the independent bank guarantee, as well as gives recommendations to public (municipal) procurers. The main conclusion lies in the fact that despite the extension of independent guarantee through introducing amendments to Clause 6 of the Chapter 23 of the Civil Code of the Russian Federation, absolutization of obligations of a guarantor is impossible. The author emphasizes the elements of ties between the guarantee and primary obligation, as well as concludes on its substantial manifestation within contract system.

Keywords: guarantor, public law, private law, independent undertaking, bank guarantee, contract system, independent guarantee, principal, beneficiary, accessory obligations

DOI: 10.7256/2454-0706.2019.9.30865

Abstract: The object of this research is the financial relations regulated by the institutions of financial legal protection and responsibility in their interconnection and correlation. The subject of this research is the norms of the institutions of financial legal protection and responsibility, their interconnection, interaction and contradictions, as well as the outlook of scholars on the most controversial issues. Analysis is conducted on the institution of financial legal responsibility and protection: the subject and method of legal regulation; peculiarities of structural construct; typical characteristics of the norms that comprise them. Special attention is dedicated to the functional and target designation of the two financial legal institutions, as well as their genetic, coordination and subordination interconnections. The article reveals the aspects of unity and interaction of the institution of financial legal responsibility and protection, and utilizes legal positions of the Constitutional Court of the Russian Federation for substantiation of a number of conclusions. The author determines contradictions of separate financial legal norms with the norms established by the Constitution of the Russian Federation and proposes ways of resolving them. The novelty of this research consists in determination of the institutional aspects of financial legal protection and responsibility. The article provides resolution to a number of applied problems, namely: recommendations are provided for improving the taxation and budgeting legislation, implementation of which will remove contradictions with the constitutional norms that possess higher juridical power.

Keywords: paired legal categories, norms financial liability, financial and legal, Institute legal responsibility, Responsibility, Institute Legal Responsibility, legal liability, tax liability, fiscal responsibility, banking responsibility

DOI: 10.7256/2454-0706.2023.5.40767

Abstract: The subject of the study is to assess the possibility and effectiveness of applying the theory of rational choice in the field of law. Within the framework of this work, the issues of topical problems of applying the theory of rational choice in the field of entrepreneurship in financial markets are raised, as well as the question of which model of rational choice is the most preferable for increasing the effectiveness of legal regulation of entrepreneurial activity in financial markets.General aspect of the research: the context of the development of interdisciplinary research at the intersection of economics and law, "economic analysis of law", behavioral economics, rational choice theory. Theoretical aspect of the study: substantiation of the possibility and expediency of applying the model of strict rationality in the framework of legal regulation of entrepreneurial activity in financial markets. Within the framework of this work, a conclusion is made about the expediency of applying a model of strict rationality in assessing the behavior of entities engaged in entrepreneurial activity in financial markets. As a result of the application of this model of strict rationality, a new horizon of opportunities opens up for the law enforcement officer to create indicators for assessing the unfair behavior of business entities in financial markets through the introduction of tools of economic science. In particular, it opens up the possibility of using ex ante analysis, which classically includes mathematical analysis and, accordingly, the tools of cooperative game theory, in particular, the Nash equilibrium method. The identification of various behavioral anomalies in the analysis of the relations of financial market participants will allow us to create a method of preventive detection of potential risks associated with the actions of business participants in financial markets, which may be recognized in advance as unfair.

Keywords: economic efficiency of law, Nash equilibrium, cooperative game theory, entrepreneurial activity, economic rationality, Financial markets, Behavioral Psychology, economic analysis of law, Rational choice theory, Economy

Abstract: Boards of guardians, which function to protect the rights of children, are defending the public interest. However, public interest in this sphere is very closely related to protection of private interests of every particular child and his parents (guardians). Therefore, detailed legal regulation of competence, functions and powers of the boards of guardians is of great importance. It ought to show social value of their activity, protection and support of the state. In this article O.Y. Blokhina presents analysis of Russian legislation in this sphere, offers ideas of amending and improving existing legislation on the issue.

DOI: 10.7256/2454-0706.2017.1.17587

Abstract: The subject of this research is the peculiarities of legal regulation of the relations that form at the present stage due to establishment and development of the institution of power of attorney management of finances as one of the types of financial services. The object of this research is the public relations that form in the process of realization of the power of attorney management of finances as a specific type of financial services, which allows ensuring the demands of the state in additional financing of the most promising national and regional projects through attraction of funds that belong to private and legal entities in the active economic processes. The authors support the propositions made by some researchers (N. A. Fokin, V. S. Egorov), regarding assignment of the legal institution of the power of attorney management of finances as an independent institution, with consideration of specific character of an object of trust management as the process of application of the complex of transactions, which in turn, can be replaced with other objects (bonds, currency securities, and other property); or the object of management is directly the property complex – a unit investment fund and non-governmental pension fund. Result of the conducted analysis give all grounds to speak of the purposefulness of establishment with regards to the authorized capital of non-governmental pension funds and unit investment funds the requirements on the obligatory deposit of authorized capital onto special account, with the right to payments only in cases associated with occurrence of negative consequences for the financial status of a fund, determined by the legal precedent of a court ruling.

Keywords: Non-governmental pension fund, Pension assets, Consumers of financial services, Lender, Non-governmental pension assets, Unit investment fund, Investment, Power of attorney management, Finances, Authorized capital

Abstract: This article is devoted to the particular characteristics of a subjective right to the share in profits of a corporate entity. This issue is quite a subject for discussion due to a number of reasons. First of all, there are issues related to the very nature of these subjective rights, then, there are issues related to the definition of the term “corporation”, and lack of detail as to the content of these subjective rights…

Abstract: As the author of this article points out, under the existing banking law, it is impossible to classify bank supervision as solely regulating or solely managerial activity. The only reference to the issue is in the clause 3 of the Art. 55 on the Federal law “On the Central Bank of the Russian Federation (the Bank of Russia)”, which may be interpreted as a prohibition to directly manage the credit organizations.

Abstract: In the late years, within the context of financial instability and stabilization of the national economy, it becomes clear that the taxation system in the UK needs change, in order to adapt it to the changes in consumer demand. At the same time mechanisms of control over provision of credits and higher social security payments prove efficient…

Abstract: Russia's upcoming accession to the World Trade Organization puts on the agenda the problem of reforming the domestic banking system and increasing its competitiveness in new conditions. Consideration of all aspects of the adaptation of the banking system of the Russian Federation to the conditions of accession, and then functioning in the WTO, leads to conclusions about the need, first of all, fundamental changes in the constitutional and legal status of the Central Bank of Russia, which is predetermined by the exclusive nature of the powers of the Central Bank in the field of legal regulation of banking activities in the state.

DOI: 10.7256/2454-0706.2018.12.28255

Abstract: The subject of this research is the issues of conducting economic legal expertise of the efficiency of budget spending in a program format on the example of the sphere of formation and realization of industrial policy in the Russian Federation. Analysis is conducted on the normative regulation in federal laws and normative legal acts of the executive branch of the order of preparation, establishment and execution of state programs in the area of realization of industrial policy and its budget support. The article explores the composition of goals, criteria and indicators of government programs in the sphere of industrial policy, as well as correspondence of the materials of the programs with the normative legal acts of federal authorities of the executive branch. Based on the analysis of scientific research and law enforcement practice of realization of government programs of industrial development, a conclusion is substantiated on the impossibility of conducting an economic legal expertise on the efficiency of budget spending based on the materials of the government programs, as well as the need to put into practice public control and independent expertise in formation and establishment of government programs in the Russian Federation. One of the possible options consists in redistribution of authority between the legislative and executive branches in the sphere of forming budget spending in a program format.

Keywords: public control, criteria, legal acts, efficiency of budget expenditures, industrial policy, economic and legal expertise, independent expertise, programs, authorities, legal regulation

Abstract: The very concept of the bancruptcy procedure changed greatly in the modern Russian legislation. The legislatior attempts to solve a number of complicated theoretical and practical issues and balance public and private interests justly. However, by eliminating some problems, the legislator often creates other problems…This problem is studied by the author of this article based upon the example of the bancruptcy of the commercial banks.

Abstract: As the author of this article points out tax reforms of late years mainly concerned themselves with the general issues, while there remained serious gaps, such as taxation of foreign juridical persons in the sphere of securities…

DOI: 10.7256/2454-0706.2021.7.35698

Abstract: This article analyzes the differences in the fundamentals of legal regulation of internal and external state financial control, as well as the legal status of branches exercising internal and external state control in the financial and budgetary sphere. The goal of this article consists in the comprehensive analysis of their legal regulation to answer the question on the possibility of unification of the norms of financial control in a single normative legal act, as well as on the need for systematization of the theoretical framework in this sphere within the framework of any policy document. Analysis is conducted on the specific aspects characteristic to legal regulation of external and internal state financial control, as well as on the peculiarities of the history of their development. The article examines the role of international institutions in creation of legal regulation in the indicated sphere of public relations. The scientific novelty consists in consideration of the key features of internal and external state financial control, as well as the corresponding conceptual apparatus for the purpose of systematization of their legal regulation. The conclusion is made on the possibility of systematization of financial control; however, due to the complex nature of financial law and substantial differences in different spheres of financial relations and exercising of different types of financial control, such systematization should take place not within the framework of law, but rather within the framework of policy document. The author believes that namely the creation of the concept for the development of financial control is the preferential way for unification of the conceptual framework, as well as the main methods of regulation and organization of financial control.

Keywords: legal regulation, Russian, control and accounting bodies, Accounts Chamber of Russia, supervision, financial control, public control, system, systematization, financial control conception

Abstract: A foreign investor, having a great choice of countries to invest into, usually pays much attention to stability of favourable conditions. That is why the status of foreign private property within the state, which accepts investments, is of such high priority to any developing state…

Abstract: This article by V.V. Khairyusov is devoted to certain legislative and practical problems, related to the bancruptcy of transnational corporation. The author reviews both Russian (an example of “YUKOS” ) and foreign practice, applicable norms of international law, studies the problems related to recognition of decisions of the foreign courts, studies a number of cases, such as Maxwell Communication Corporation (MCC).

Abstract: As the author of this article points out, our state needs convertible rouble, in order to strenghen the relation with the international economic system. And for the citizens of our country it shall mean an ability to take their roubles with them, when going abroad.

Abstract: The problem of attraction of foreign investments to the Russian economy retains its topicality in spite of periods of active foreign investments in the last ten years ( the period, in which attraction of foreign investments became an official Russian policy), and it may be said that Russia loses in the “world economic race” failing to meet the challenges of global competition in the world market. As the author of this article points out, it is possible to attract investors to the Russian economy, which is still in crisis, but it takes a new policy of attraction of invesments, so the article is devoted to the problems of formation of a new bold investment policy of the Russian Federation.

Abstract: The problem of return of deposit accounts (including “accounts for children”), which were opened before January 1, 1995 and March 1, 1996 (that is before Parts 1 and 2 of the Civil Code of the Russian Federation came into force), does not lose its topicality in the modern Russia nowadays. A. Mukhamet-Irekle’s article is devoted to the study of Russian law and judicial practice in this sphere, and the author provides his critical analysis of the problem. As the author points out, the theory of law provides for the various opportunities for the practical judicial protection of the account depositors. That is why, this article is of interest both to the depositors and their legal representatives.

Abstract: Scientists date the appearance of the Slavic tribes in the Russian plains back to VI-VII centuries A.C. However, by that time the Eastern Slavs can be characterized by social inequality, which is shown not only in separation of poor and rich people, but also in the veche (gathering of the free representatives of the tribe), council of the elders, chief of the tribe (knyaz – prince).This article contains the study of genesis of the power of princes in the tribes of the Eastern Slavs, and also forms and methods of its transition at the pre-state period, since the power of princes later embodied state power.

Abstract: International offshore business is a developing reality of international economics, which shows competitiveness of national economies and tax systems. In the near future, given the wish of the states to attract investments and develop businesses, the offshore financial centers shall not disappear, on the opposite, they shall develop…

Abstract: Since 2005 till current time only six credit organizations were registered in the Russian Federation. The lowering of quantity of the newly created credit organizations, namely banks, is due to a number of reasons. One reason is tight control of the Savings Bank of Russia, and other state bodies and federal agencies, all of which require a lot of reporting. At the same time there is a tendency to enlarge authorized capital stock of existing banks, rather than to form new banks…

Abstract: Deposit plays a special role in the sphere of means of ensuring performance of the obligation. This role of deposit is related to such problems as non-return of credit, non-payment of forfeit payments. In such cases deposit has many positive features. It is considered that depositing securities is one of the most complicated kinds of deposit, both technically and theoretically (first of all, due to complicated legal nature of securities as an object of legal relations in the sphere of civil law). The author of this article reviews problems, which arise in practice of depositing securities, and calls for more detailed legislative regulation of this sphere, and possibly introducing state registration of the security deposit deals.

Abstract: The bank account contract was never recognised as a hot topic for discussion within Russian legal science, however, there is no unified approach to this type of contract either. In this article A.V. Agranovsky studies positions of a number of recognised legal scholars, such as E.A. Sukhanov, M.I. Braginsky, L.G. Efimova on the issue of bank account contract. The author also gives his own characteristic of this contract.

Abstract: For a long time, the importance of profit in the economy of agricultural production has been underestimated. This was expressed in the following "theoretical" postulate, expressed at the time by I.V. Stalin: "In our country, on the contrary, large grain farms ... do not need either a maximum profit or an average profit rate for their development, and sometimes they do without any profit, which again creates favorable conditions for development a large grain farm." In modern conditions of market economy development, the role of profit has increased significantly.

Abstract: This article is devoted to the problem of improvement of financial and legal sanctions as means for humanisation of financial policy of the Russian Federation. Author studies existing legislation in this sphere with specific regard to tax violations and currency control, analyzes typical shortcoming of financial - legal sanctions. In particular, author notes that amount of financial sanctions should be differentiated depending on degree of guilt of subject of violation. For example, sanction defined as a whole sum of transaction for not providing documents for transaction on time is too severe for the violation of this nature. Author stresses that current financial legislation should provide for alternative and relatively-defined sanctions, reglamentation of financial sanctions only by law and not by acts of various bodies.

Abstract: The author analyses the changes in Russian legislation on protection of bank accounts of physical persons, which took place due to the new Federal law “On insurance of accounts of physical persons at the banks of the Russian Federation” of December 23, 2003. The author also studies foreign practice in this sphere, evaluates the insurance sums in accordance with the Russian law and laws of foreign states, comes to a conclusion that the above-mentioned law is just a first step towards state guarantees in the sphere of bank accounts of the people.

Abstract: Formation and development of legal regulation of foreign investments in modern Russia shows the specific features of its transition. The regime for the foreign investments is, basically speaking, regulation of entrepreneurial activities, which are held in a foreign states, thus, the legal status of a foreign investor is more vulnerable, whatever the social and political situation is…

Abstract: Performance of cashless settlement obligations in Russia involves a number of problems, related to involvement of banks in such obligations, and responsibility of violation of such obligations. This articles is devoted to study of various aspects of legal regulation of cashless settlement, and such problems, as legal nature of rate fine for unlawful use of other’s funds, problems of performance under the decision of arbitrazh courts. Author studies positions of legal scholars and pratitioners and also court practice.

Abstract: Insurance is probably one of the most questionable areas within the realm of financial legal regulation. On one hand, due to absence of state monopoly in this sphere, the “public” element of this type of relation considerably lessened. On the other hand, development of both insurance relations and legislation in this sphere call for more detailed regulation in the sphere of public financial influence on insurance. The author of this article considers that the very subject of financial law is currently undergoing a change and is gaining new qualities. Due to this fact the key category of Russian financial law shall be “legal regulation of public finance”, and accordingly, insurance shall find its place within the framework of new financial law.

Abstract: Lawful behavior in the financial sphere is meant to ensure timely and complete tax payment to various budgets, rational use of budgetary sources, as well as stability of the financial system of the Russian Federation as a whole. That is why study of this sphere is of great theoretical and practical importance. In A.A. Musatkina's article one can find classifications and key elements of lawful behavior in the sphere of finances, financial discipline, study of legal sources and existing practice.

Abstract: New law on mortage has been in force in the Russian Federation for more than seven years by now, and one can say that the mortgage sphere is developing rapidly, which in turn allows for input of money into building industry and helps to solve “the housing problem” for many people. At the same time we gain positive judicial and notarial practice in this field. However, as the author points out, there is still much to be done in order to improve mortgage relations. The author studies legislation on mortgage, specific status of the subjects of the mortgage contract, their rights and obligations.

Abstract: Budgetary and tax system of the USA is based on well-developed legislation, which is, in turn, founded in specific historical features of formation of state and economy of the USA, which are studied in this article. The author pays much attention to the "blanks" in the Constitution of the USA.

Abstract: In Russia 40 million people lost their savings in the bank system and various financial “pyramids” between 1991 and 1998. This article continues I.G. Leneva’s study of the problem of protection of investor’s rights, contains more detailed analysis of the guarantees provided to an investor in Russia, of the laws on banking and investments, as well as of the problem of subsidiary responsibility of the state or the Central Bank of the Russian Federation to an investor (a physical person).

Abstract: The problems of protection of foreign property are of special importance in the conditions of instability in development of the economy of the Russian state. And like any other state, Russia is very interested in attracting foreign investment to its national economy, which calls for formation of an adequate national policy in this respect. One of the key goals of any such policy is provision of guarantees of protection from various types of requisition of foreign property. This article provides us with the study of various forms of direct and indirect expropriation of property, as well as of the institution of subrogation (ensurance of investments). The author studies various ensurance schemes, and participation of various international organizations in such schemes.

DOI: 10.7256/2454-0706.2015.3.14452

Abstract: The subject of this research consists in the illegal ways of avoiding taxation by using the offshore schemes. The object of this research is the social relations in the area of criminal legal fight against tax crimes. The author provides a detailed description of the mechanisms of the offshore schemes within the system of methods to illegally avoid paying taxes. A research is conducted on the foreign experience on tax avoidance by use of the offshore schemes and the way to counter such activity. A special attention is given to the practical measures on the fight against tax avoidance. The research is based on the dialectic method, and uses other methods such as comparative-legal ans systemic-logical. Among the main conclusions of the conducted research is the fact that the author not only analyzed the possible illegal ways of avoiding taxation by using the offshore schemes and the current measures of countering such activities, but also proposed practical measures to counteract this phenomenon.

Keywords: criminal law, qualification, punishment, crime, offshore, way of committing a crime, evasion, Taxes, tax crime, business

DOI: 10.7256/2454-0706.2015.3.52376

Keywords: criminal law, qualification, punishment, crime, offshore, way of committing a crime, evasion, Taxes, tax crime, business

DOI: 10.7256/2454-0706.2014.5.11920

DOI: 10.7256/2454-0706.2014.5.52196

Abstract: The article concerns the issues of main categories and mechanism for the regulation of currency relation by the norms of the Russian legislation. The existing system of Russian normative legal acts is a legal mechanism for the regulation of currency relations of dual functional purpose. Firstly, it serves a statistical function, providing for the existing complex of currency relations. Secondly, it has a dynamic function, by which it provides prerequisites for the further development and transformation of this complex, that is the possibility for changing it. The currency legislation is the first structural element of the mechanism of currency regulation, and it serves a regulatory function in this mechanism. The currency relations as a second structural element of currency regulation are not uniform, they have a logical formation system, including subjects, objects and currency operations, that is, the acts which the subjects of currency relations may undertake towards the objects. The regulatory influence of the currency legislation upon the currency relations is implemented in various forms (orders, permissions and prohibitions, currency control, responsibility of subjects of currency regulation for the violation of the currency legislation, which may be regarded as the third structural element for the mechanism of legal regulation. In the article with the help of comparative and formal legal methods of studies the author provides a detailed analysis of norms and mechanisms for the legal regulation of currency relations in the Russian legislation, as provided for by the Federal Law ‘On Currency Regulation and Currency Control” of 2003, other laws and bylaws. Analysis of the norms of Russian legislation allows the author to state that currency regulation and currency control as elements of the regulating mechanism objectively facilitate and support balanced capital flow in the national economy, and, therefore, achievement of the sustainable functioning of the banking system, through which the movement of financial resources is really implemented. The currency operations form an important element of currency relations as a structural element of currency regulation, being a complex of activities of resident and non-resident entities, which are performed with the currency and security, usually in the form of various deals. Their fundamental characteristic feature is movement of currency and securities via transfer of proprietary title to them and (or) their physical movement. All of the currency operations may be classified based upon the three grounds: their contents, their forms, subject elements.

Keywords: currency regulation, currency legislation, currency control, currency relations, foreign currency, foreign securities, currency operations, residents and non-residents, foreign currency bank account, movement of currency values.

Abstract: Financial crisis, which started in the year 2008, compelled many states to pay specifi c attention to creating a legal basis for not only prevention the crises, but also for neutralizing those crises which had already occurred. The article dwells on legal status and role of banks from the viewpoint of creating a fi nancial crisis pre-requisites, analyzes the evolution of the banking system legal regulation as a result of the crisis, as well as theoretical and practical aspects of its elementary composition.

Keywords: banks, banking system, fi nancial legal relations, Bank of Russia, State Corporation Deposit Insurance Agency, insolvency, resolution, securitization, loan, fi nancial crisis.

Abstract: The article includes legal regulation of rights and obligations of the creditor in a credit contract in accordance with the provisions of civil law and judicial practice. The author analyzes key rights of creditor in a credit contract, including the basic right of a bank to refuse a credit, and the main obligation of the bank – to provide a credit. The author offers to include these rights and obligations into a credit contract.

Keywords: jurisprudence, credit contract, debtor, creditor in an obligation, percentage, real contract, consensual contract, monetary obligation, lender, obligation.

DOI: 10.7256/2454-0706.2016.7.11201

Abstract: The object of this research is the public relations that form in the areas of regulation of the financial and municipal law with regards to whether or not bankruptcy of a municipal formation is a necessary instrument for the Federal Republic of Germany, or whether the modern land strategies on prevention of municipal debt have other ways of rendering bankruptcy unnecessary. The subject of this research is the following positions: theories and concepts of the German financial law on the issues of bankruptcy of municipal formations; norms of the German financial and municipal law; Russian and German legal precedent on the disputes related to the issues of financial solvency of the municipal formation of the FRG. The scientific novelty consists in the fact that based on the latest legislation of the Federative Republic of Germany, the author conducts a comprehensive research on the institution of bankruptcy of municipal formations. The author believes that the introduction of the bankruptcy procedure for municipal formations is a debatable. The bankruptcy creates grounds for conflicts due to the guarantees of self-governance and inter-branch connections between lands and communities.

Keywords: Financial solvency, Federative reform , Financial crisis, Failure, Federative Republic of Germany, Federal lands, Federation, Municipal formation, Bankruptcy, Budget

DOI: 10.7256/2454-0706.2016.7.52665

Keywords: Financial solvency, Federative reform, Financial crisis, Failure, Federative Republic of Germany, Federal lands, Federation, Municipal formation, Bankruptcy, Budget

DOI: 10.7256/2454-0706.2013.8.1180

DOI: 10.7256/2454-0706.2013.8.52026

Abstract: The Constitution of the Russian Federation formed the basis for the market economy. Anti-monopoly law (or competition law, as some authors call it) is one of the most efficient instruments for its development in our state. This article provides a brief excursus into the history of formation and development of the Russian legislation on competition protection, and it connects its development directly to the development of a mature market economy.

Keywords: jurisprudence, anti-monopoly, concentration, competition.

DOI: 10.7256/2454-0706.2014.9.12867

DOI: 10.7256/2454-0706.2014.9.52266

Abstract: The object of studies involves legal norms regulating audit in the modern conditions of introduction of the self-regulation, legislative and judicial practices, as well as conceptual points of views of legal scholars and economists regarding the development of legal regulation of audit. The author studies specific features of provision of other services by auditors and audit organizations with due respect for the specific features of self-regulation. Special attention is paid to the tax consulting, tax reporting and evaluation activities. The author views the specificities of “parallel membership” in self-regulated organizations. In the process of studying the materials regarding the object of studies the author of the article used general scientific methods, such as analysis and synthesis, modeling, systemic approach, dialectic method, deduction, induction. The analysis of the relevant legislative draft makes an author conclude that currently there is a tendency for the artificial narrowing of the various types of services provided by auditors via formation of the additional barriers, leading to the double membership in various self-regulated organizations. Such a double membership results in the need to pay additional membership fees, and the fees for the compensation foundations. The author considers that it shall be a significant burden for the auditors.

Keywords: Audit, auditing activity, self-regulation, membership, self-regulated organization, other services, tax consulting, requirements to membership, evaluation activity, compensation fund.

DOI: 10.7256/2454-0706.2013.11.9855

DOI: 10.7256/2454-0706.2013.11.52079

Abstract: The legislature is being neglectful in relation to party financing. The legislation of the Russian Federation lacks a definition of the corresponding concept. In order to promote the transparency of party financing as a way to fight political corruption, it is necessary not only to identify gaps in legal regulation, but also to perfect such regulation by encouraging the further development of legislation controlling the financing of political parties. Russian legislative controls over the financing of political parties are largely consistent with international norms and standards. However, they are cumbersome, in the sense that these issues are regulated by a substantial number of different laws, which in turn leads to difficulties of enforcement. Moreover, there are significant differences between the various types and methods of party financing, as well as between the various applicable laws. In this regard, it is appropriate for a single piece of legislation to be developed, the scope of which covers all issues in relation to financing of political parties.

Keywords: political parties, aims of party activities, the current activities of political parties, party funding, types of party financing, current financing of political parties, electoral funds, sources of party funding, donations, limits on the size of donations

DOI: 10.7256/2454-0706.2015.11.16616

Abstract: The subject of this research is the legal regulation of state corporations in the Russian Federation. The objects of research are the characteristics of state corporation as legal entities, while majority of the attention is dedicated to the financial legal aspect of their regulation. The main example of state corporation and the key object of the analysis is the IIA. The goal of this work is to formulate possible improvements to the financial legal regulation of state corporations. The authors meticulously review aspects such as uniqueness of the legal status of state corporations, as well as the prospects of their change in the legislation to “public law companies”. The scientific novelty of this research consists in the determination of the problems within the current mechanism of the financial legal regulation of state corporations. Authors' contribution into the research of this topic lies in the generalization of various points of view and proposals on the issue of reasonableness of the existence of the legal organization form in question. The practical importance of this research consists in development of a scientifically substantiated positions, conclusions, and recommendations on improving efficiency of the legal regulation of state corporations.

Keywords: legal regulation, legal entity, public corporation, public legal companies, deposit insurance, legal status, organization legal form, efficiency, improvement of legislation, Deposit insurance system

DOI: 10.7256/2454-0706.2015.11.52530

Keywords: legislation improvement, efficiency, legal regulation, legal entity, state corporation, public legal companies, deposit insurance, legal status, legal organizational form, Deposit insurance system

DOI: 10.7256/2454-0706.2013.12.10057

DOI: 10.7256/2454-0706.2013.12.52103

Abstract: The economic substance of tax planning, as one of the most important functions of the tax administration process, has been clarified in the results of research into discussed questions. Problems of improvement of tax planning efficiency at the national and sub-national levels have been identified. Criteria of tax planning classification have been analysed and identified. Tax planning of economic entities, as an integration process lying in the regulation of its financial and economic activity, in accordance with the strategy of organization of development and in the frames of the effective tax legislation of the Russian Federation, has been examined. The practicability of introduction of the “tax planning” conception into the Tax Code of the Russian Federation has been proved. The necessity of development of methodological and methodical fundamentals of tax planning on macro-, meso– and micro-levels has been demonstrated.

Keywords: taxes, planning, classification, forecasting, methods, estimation, taxation, base, relief, organization

Abstract: The banking system is key to the state economics. In the FRG it can be characterized as highly reliable, so there’s the considerable amount of German credits among the sources of fi nancing of companies. The German system includes the German Federal Bank (Deutsche Bundesbank), as well as the system of universal banks and the system of specializes banks. In this article the author shows the legal bases of this system which is regulated by the law, such as the Law on German Federal Bank, the Law on Credit System, The Money-laundering Law, etc.

Keywords: jurisprudence, banking system, FRG, state saving branches, the Law on German Federal Bank, credits, universal banks, specialized banks, the Berlin bank, the system of the European banks, private bankers.

Abstract: This article is devoted to the issues of guaranteeing public interests in the sphere of banking activity, including the role of the Bank of Russia in this process. The author pays attention to the nature of the term “public interest” as applied to the fi nancial and credit relations, and views it, as it applies to the fi nancial and credit relations, within the framework of implementation of the functions of the Bank of Russia on regulation and control over the activities of the banks of the 2nd level.

Keywords: jurisprudence, bank, system, interests, regulation, politics, management, economics, risks, system.

Abstract: The state management of the public Þ nancial resources is deÞ ned by the budget policy, as a part of Þ nancial policy. It is currently aimed for budget de-centralization, while the budgeting of the Ministry of Domestic Affairs of the Russian Federation and other Þ scal organizations tends t budget centralization. The variety of activities of the structural divisions of the MDA of the Russian Federation in the sphere of national security and law-enforcement activities directly depends on budget Þ nancing and requires Þ nancial and regal regulation, which would correspond to the modern level of social development. The budget guarantees of the activities of the MDA is related to the formation and spending of the centralized funds of Þ nancial resources, which are necessary for the normal functioning and development of the divisions of the domestic affairs bodies and the entire system.