On Transactions Using the Financial Platform

Auditor ◽  
2021 ◽  
pp. 3-9
Author(s):  
E. Smirnov

July marks one year since the adoption of the Federal Law of July 20, 2020 No. 211-FZ «On the execution of financial transactions using a fi nancial platform». Th e practice of applying this legal act has shown that it signifi cantly facilitated the access of individuals to fi nancial services and that it makes sense to extend its eff ect in terms of the use of financial platforms also to legal entities and individual entrepreneurs.

2020 ◽  
Vol 15 (8) ◽  
pp. 75-83
Author(s):  
A. E. Katvalyan

The paper is devoted to the discussion of the principle of responsibility for the efficiency of provision of state and municipal needs, procurement efficiency. The paper investigates the balance between the principle of efficiency of procurement and the principle of efficiency of the use of budgetary funds consolidated in the Budget Code of the Russian Federation. The author underlines that the former principle complements the later. The author compares the principle of efficiency of procurement set forth in Federal Law of April 5, 2013, No. 44-FZ “On the contract system in the sphere of procurement of goods, works, services to ensure state and municipal needs,” and the principle of targeted and cost-effective spending of monetary funds enshrined in the Federal Law of July 18, 2011, No. 223-FZ “On procurement of goods, works, services by certain types of legal entities.” It is pointed out that in order to evaluate the effectiveness of procurement it is necessary to identify the main objectives and specific objectives, achievement of which will enable the evaluation of procurement as “effective” and “meaningful.”


Author(s):  
Kelly Lytle Hernández

The third chapter is a western tale of national and global import. That tale, which sutures the split between the history of incarceration within the United States and the history of deportation from the United States, swirls around the passage of the 1892 Geary Act, a federal law that required all Chinese laborers in the United States to prove their legal residence and register with the federal government or be subject to up to one year of imprisonment at hard labor and, then, deportation. Chinese immigrants rebelled against the new law, refusing to be locked out, kicked out, or singled out for imprisonment. Launching the first mass civil disobedience campaign for immigrant rights in the history of the United States, Chinese immigrants forced the U.S. Supreme Court to issue a set of sweeping and enduring decisions regarding the future of U.S. immigration control. Buried in those decisions, which cut through Los Angeles during the summer of 1893, lay the invention of immigrant detention as a nonpunitive form of caging noncitizens within the United States. It was then an obscure and contested practice of indisputably racist origins. It is now one of the most dynamic sectors of the U.S. carceral landscape.


2021 ◽  
Vol 6 (44) ◽  
Author(s):  
Ie. Ryzhkova ◽  
I. Lykina ◽  
O. Karlyugin

Business bankruptcy is a widely used tool for solving a company’s financial difficulties and is used by many business representatives worldwide. This article reveals the bankruptcy concept, gives its characteristics, analyzes the procedure for alienating the property of bankrupts of legal entities, and formulates a conclusion on the article’s subject. At the end of 2019, the Code on Bankruptcy Procedures entered into force in Ukraine. The novelties of the bankruptcy procedure in the Russian Federation have been in power for four years, since October 2015. Undoubtedly, the neighboring country's experience was taken into account by Ukrainian legislators. Therefore, we decided to compare the conditions of bankruptcy and the peculiarities of alienation of the legal entity’s property during the period of bankruptcy proceedings under the laws of the Russian Federation and Ukraine.Keywords: bankruptcy, bankruptcy procedure, Code of Ukraine on Bankruptcy Procedures, creditors, debtor, bankrupt, bankruptcy of a legal entity, property, federal law.


Author(s):  
O. Kuzmenko ◽  
T. Dotsenko ◽  
V. Koibichuk

Abstract. The article presents the results of developing the structure of databases of internal financial monitoring of economic agents in the form of a data scheme taking into account the entities, their attributes, key fields, and relationships, as well as the structure of units of regulatory information required for basic monitoring procedures based on internal and external sources. The block diagram of the financial monitoring databases, formed in the modern BPMN 2.0 notation using the Bizagi Studio software product on the basis of internal normative and reference documents, consists of tables containing information on: the client's financial monitoring questionnaire; list of risky clients according to the system of economic agent; the list of clients for which there are court rulings and financial transactions which may contain signs of risk; list of PEP clients of the economic agent; list of clients for which there is a share of state ownership (PSP); list of prohibited industries; reference books (type of financial transactions; features of financial transactions of mandatory financial monitoring; features of financial transactions of internal financial monitoring; identity document; type of subject of primary financial monitoring; type of notification; legal status of transaction participant; type of person who related to the financial transaction; the presence of permission to provide information; signs of financial transaction; regions of Ukraine); directory of risk criteria; clients with FATCA status. The scheme of the structure of databases of internal financial monitoring of economic agents using normative and reference information on the basis of external sources is presented by tables containing information on: legal entities, natural persons-entrepreneurs, public formations, public associations, notaries, lawyers of Ukraine; the list of persons related to terrorism and international sanctions, formed by the State Financial Monitoring Service of Ukraine; list of public figures and members of their families; sanctions lists (National Security and Defense Council of Ukraine; Ministry of Economic Development and Trade of Ukraine; OFAC SDN List — US sanctions list; worldwide sanctions lists; EU sanctions lists); lists of high-risk countries (aggressor state, countries with strategic shortcomings, countries with hostilities, list of the European Commission for countries with weak APC / FT regime, countries with high levels of corruption, self-proclaimed countries, countries with high risk of FT, offshore countries); The First All-Ukrainian Bureau of Credit Histories, which describes the credit history, credit risks of individuals and legal entities in Ukraine (PVBKI); International Bureau of Credit Histories, which describes the credit history of individuals and legal entities of clients of Ukrainian economic agents (MBKI); list of dual-use goods; list of persons with OSH; AntiFraud HUB — information about fraudsters; register of bankruptcies; register of debtors; register of court decisions; database of invalid documents; list of persons hiding from the authorities; register of EP payers; registers of encumbrances on movable and immovable property; data on securities; lustration register; register of arbitration trustees; corruption register; bases of Ukrainian organizations; information on foreign companies. Integrated use of the developed databases based on the proposed schemes will improve the procedures for financial monitoring by economic agents and solve several current problems. Keywords: economic agents, financial monitoring, structural scheme of the database, normative and reference information of internal securement, normative and reference information of external securement. JEL Classification E44, D53, G21, G28, G32 Formulas: 0; fig.: 2; tabl.: 0; bibl.: 12.


Author(s):  
Сергей Тычинин ◽  
Sergey Tychinin ◽  
Олег Скопенко ◽  
Oleg Skopenko

The relevance of the study of the problem of affiliation of legal entities is determined by the lack of a coherent legal mechanism to ensure the resolution of conflicts of interest between dependent persons. As of today, Russian legislation as a whole does not contain clear provisions regarding the concept of the affiliation of legal entities. Certain laws contain only separate independent concepts, for example, the concept of “affiliation” is used in the Civil Code of the Russian Federation; in the Federal Law «On Competition» - the concept of «group of persons»; in the Tax Code of the Russian Federation - the concept of «interdependent persons». Therefore, the study of the problem of settling relations with affiliates deserves special attention. The objectives of this study are the systematization and analytical study of the legal regulation of the institution of the affiliation of legal entities. In the course of the study, the authors used the following methods: analysis and synthesis, modeling, comparison, analysis of the regulatory framework, synthesis, formal legal method The article examines the issues of legal regulation of the affiliation of a legal entity. The definition of the concept of “affiliation” is given, criteria and signs of affiliation of a legal entity are defined, various scientific approaches to the definition of this category are given, problems of correlation with economic and other types of relations between affiliates are explored. In the course of the study, the authors came to the conclusion that the institution of affiliation in its present form undoubtedly needs to be reformed. It is necessary to develop a unified law, reflecting all the nuances of the concept of “affiliation” and the features of the transactions with affiliated persons.


Author(s):  
Prof.Assis.Dr.Nerimane Bajraktari ◽  
Eco.Ali Ahmeti, MSc

The man by nature tries and develops his activity for a better, richer and happier life, which in its essence means fulfilling diversified material, spiritual and cultural needs. Government, social-political communities or public legal entities, contemporary entities and institutions with forms of organization, with mechanism, and their instruments based on laws, must offer an organized life and opportunities for fulfilling general and common needs. Up to date, theoretical and practical knowledge shows that basic needs (security, education, healthcare, protection, jurisprudence, etc.) can be fulfilled more easily, faster, and more successfully, more rationally and continually, with higher quantity and quality with better and fairer organizing of the state and of the public legal entities of the institutions that respond to requests on realization of the new social and economic order of the world. The healthcare sector in Kosovo is financed mainly on income taxes, taxes, and co-payments, whereas out-of-pocket private payments are very high and include about 40% of costs for healthcare services. The budget for healthcare allocated by the government in the year 2015 was in total 163,760,703 million €, whereas the participation of budget for healthcare out of Kosovo’s total budget is 9.73., and 2,79% of GLP, that provided 90.72 € per citizen within one year! PHC is financed through transfers from the central budget to municipalities on specific grant form, on the amount 42,085,036 € that includes 28 % of the budget provided for healthcare. SHC and THC are financed by the Ministry, and it includes over 72% of the budget provided for healthcare. (PHC-primary healthcare, SHC-secondary healthcare, THC- tertiary healthcare).


Author(s):  
S. S. Dombaev

This article proposes to consider the debatable question regarding the legal consequences associated with the refusal of public procurement authority to conclude an agreement with the winner of the competitive procurement procedure conducted in accordance with the Federal Law dated 18.07.2011 No. 223 — FZ “On the procurement of goods, work, services by certain types of legal entities” (hereinafter — “Law No. 223”, the Law on Corporate Procurement). The article doubts the attempts to justify from the current legislation standpoint the existence of the obligation of the public procurement authority to conclude an agreement with the winner of the competitive procurement procedure provided with the possibility of judicial enforcement. In the absence of such an obligation, the author suggests to review the legal measures available to the winner of the competitive procurement procedure in order to protect its interests. At the same time, the article states that such measures are insufficient to the best interests of the winner of the competitive procurement procedure and does not comply with the public nature of relations in the field of corporate procurement. It is proposed to amend the Law on Corporate Procurement to eliminate these inconsistencies.


2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Елена Абросимова ◽  
Elena Abrosimova

The modern history of the development of the legislation on non-profit organizations (NPO) has several historical stages from 1992—1996 when Russia recognized the fact of existence of this kind of legal entities. Active work on the formation of NPO legislation led to the delineation of legal entities for commercial and non-commercial and to adoption of Federal Law “On Non-Profit Organizations”. During the modern period of development of the legislation it is possible to declare confidently the need to create comprehensive concept of participation of legal entities established as an NPO in the realization of the economic potential of the country. The article deals with the legal regulation of nonprofit organizations involved in economic development in Russia. Taking into account the changing economic conditions periodization of work on the legislation on non-profit organizations is considered. In the article the role and importance of NPOs in Russia´s economic development are highlighted and the need to improve the legal regulation of these organizations, including the development of specific legislation on associations and unions is indicated. The necessity to recognize the Federal Law “On Non-Profit Organizations” invalid as fulfilled its social mission is proven.


2020 ◽  
Vol 1 (2) ◽  
pp. 81-87
Author(s):  
Sara Desenberia Aritonang ◽  
Viola Syukrina E Janrosi

PT Barelang Elektrindo Eracemerlang comes from sales services in the form of services. In operational activities, because it is not a manufacturing company, it does not have fixed expenses, but there are many expenses in nominal amounts that are not large, so that the role of petty cash is very influential in carrying out the activities of a company that is engaged in other events. In addition, the management of the company's financial transactions and operations is still done manually, resulting in various problems in the absence of a computerized system. In this study the authors used two X variables consisting of management (X1), recording (X2) and one Y variable, namely petty cash. The population in this study is the financial statements of PT Barelang Elektrindo Eracemerlang from 2014 to 2018. The sample in this study is financial reports for one year, January to December 2018. The result of research are Petty cash management at PT Barelang Elektrindo Era Cemerlang uses changing the fund system, where there are several established procedures for carrying out operational activities, such as the formation of petty cash funds, expenses, and refilling of petty cash funds. The petty cash management and recording system at PT Barelang Elektrindo Era Cemerlang has not been in accordance with existing accounting principles, seen from cash management that uses 2 (two) methods directly so that petty cash disbursements cannot be controlled or controlled properly.


Author(s):  
N. D. Frolova

The article provides a brief overview of the general state and structure of the Russian public (regulated) procurement market and the analysis of the public procurement market of R&D by certain types of legal entities listed in the Federal Law of July 18, 2011 No. 223-FZ. Based on the analysis of statistical information on the amount of R&D procurement, their efficiency and structure, it has been concluded that competition in this segment of the regulated procurement market is extremely low: the most part of R&D contracts are concluded through procurement from a single supplier, the efficiency of competitive procedures is extremely low: there are more than a half failed procurements depending on the methods of carrying out in the total volume of purchases. The article presents the most feasible in the author's opinion the reasons for the existing structure of public R&D procurement market.


Sign in / Sign up

Export Citation Format

Share Document