Bank of Russia and Audit

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

The Russian Parliament is doing a lot of work to improve financial legislation, taking into account the requirements of the market and law enforcement practice. This year, in line with this work, in particular, Federal Law No. 359-FZ dated 02.07.2021 was adopted, which introduced significant innovations in the powers of the Central Bank of the Russian Federation in the field of auditing.

Author(s):  
O. V. Morozov ◽  
M. A. Vasiliev ◽  
A. G. Biryukov

The Central Bank, the emission center, the reserve system, the federal treasury all these and other names are used to show the element of economy of a concrete state functioning, which controls money, i.e. estimates and administrates the money mass, buying capacity of residents in respect of goods, jobs and services, exerts influence on inflation processes and so on. The article provides results of researching the standing of normative and legal regulation, practice of using authority and responsibility, specific features of the Bank of Russia functioning as a relatively independent body of state governance and on this basis the articles studies the trends of improving management, norms of work development, procedures of working out and submitting to the State Duma of the Federal Assembly of the Russian Federation reports on federal laws bills, whose regulation is included in the competence of the Central Bank. Proposals dealing with amendments to the Federal law ‘About the Central Bank (the Bank of Russia)’ were formulated.


2020 ◽  
Vol 10 ◽  
pp. 71-75
Author(s):  
Evgeniy Yu. Shagoyko ◽  

The article examines and analyzes the practice of applying the provisions of the Federal Law No. 136-ФЗ of 27.05.2014 “On Amendments to Article 26.3 of the Federal Law “On General Principles of Organization of Legislative (Representative) and Executive Government Authorities of the Constituent Entities of the Russian Federation” and the Federal Law “On general principles of the organization of local government in the Russian Federation” regarding the redistribution of powers between local authorities and state authorities of a constituent entity of the Russian Federation; an attempt was made to formulate typical problems as a result of law enforcement in the specified area.


2021 ◽  
Vol 108 ◽  
pp. 04011
Author(s):  
Marina Sergeevna Kolosovich ◽  
Lyudmila Vladimirovna Popova ◽  
Anna Fedorovna Zotova ◽  
Maria Mikhailovna Bondar ◽  
Olga Sergeevna Shamshina

Over the years, most of the Russian processualists denied the investigator’s right to engage in actions of covert nature and deemed it impossible to integrate the norms of criminal intelligence legislation in the Code of Criminal Procedure of the Russian Federation adopted on 18.12.2001 No. 174-FZ, rightly referring to the impossibility to vest a single duty-bearer engaged in a preliminary investigation with unprecedented powers. Meanwhile, the latest decades have been marked by active legislative activity in many countries, which in fact has turned covert criminal intelligence and surveillance into a procedural activity. These innovations became specific of a number of countries regardless of their legal system belonging to the Romano-Germanic or Anglo-Saxon legal system, testifying to more profound roots of the problem. The study is also relevant in terms of dissatisfaction, expressed by the Russian law-enforcement authorities, with the crime solvency rate and with the interaction of criminal intelligence detectives and internal affairs investigators. The goal of the study is to identify the procedural provisions governing the investigator’s covert-nature activities and related law enforcement problems. The methodological framework of the research comprises general and particular methods of scientific knowledge: dialectical, systemic, deductive, inductive; synthesis, analysis; comparative legal analysis, statistical and other methods. Results and novelty: it was concluded that the Code of Criminal Procedure provides for the regulation of the investigator’s confidential-nature activities inherent in covert criminal intelligence and surveillance and requiring more detailed elaboration, as concerns the issues of securing the rights of partakers of the said activity; the authors express doubt regarding the justification of the legislator’s differentiation of covert activities under criminal cases into covert investigative actions (Art. 185, 186, 186.1 of the Code of Criminal Procedure) and covert operational and investigative operations that are in fact identical to the former (Art. 6, Cl. 9-11 of the Russian Federation Federal Law No. 144-FZ as of 12.08.1995 “On criminal intelligence and surveillance”.


Author(s):  
В. Лебедев ◽  
V. Lebedev ◽  
Е. Лебедева ◽  
E. Lebedeva

In June 2017, amendments to the Labor Code of the Russian Federation came into force, which resulted from the incorporation of previously canceled departmental recommendations into the federal law on overtime, shorter working hours, and a non-standardized working day. The analysis of changes in the labor legislation regarding compensation for work on weekends and holidays, for work in conditions of parttime work, overtime payment is analyzed. New laws and law enforcement practice are considered, including strengthening the employer’s liability for delay in payments which are payable to the employee, compensation in connection with the granting of unused leave with subsequent dismissal.


Auditor ◽  
2018 ◽  
Vol 4 (11) ◽  
pp. 3-9
Author(s):  
Е. Смирнов ◽  
E. Smirnov

The Russian Parliament continues to work on improving the Tax Code of the Russian Federation on the basis of consideration of law enforcement practice. In line with this work, in particular, in the summer of the current 2018, Federal Law No. 199-FZ was passed, establishing a tax on additional income from the extraction of hydrocarbons, and Federal Law of 03.08.2018 No. 301-FZ, aimed at completing the «tax maneuver» in the oil and gas industry.


2020 ◽  
Vol 11 ◽  
pp. 58-62
Author(s):  
Anatoliy M. Tarasov ◽  

The relevant and innovative character of the subject of Presidential Control over Operations of the Federal Security Service of Russia is confirmed by the absence of separate research on this topic and the status of the Federal Security Service of Russia established to ensure security, carry out various types of law enforcement operations, in particular, such as criminal intelligence and surveillance, pre-trial investigation, interrogation, where human and civil rights and freedoms may be violated, and the guarantor of human and civil rights and freedoms is the President of the Russian Federation pursuant to Article 80 of the Constitution of the Russian Federation. The relevance of this subject is also proven by the absence of any federal law on the state control over operations of state authorities including law enforcement ones and the failure to establish the limits (scope) of the presidential control over operations of the Federal Security Service of Russia in statutory acts. The fact that the aims of the presidential control are not only identification of deviations in operations of the Federal Security Service but also the prevention of such deviations in the future raises the importance of this issue. In view of the above, the presidential control is a mechanism of positive, preventive and efficient influence on organizational and practical activities of authorities of the Federal Security Service of Russia.


Author(s):  
A.V. Bychkov ◽  
◽  
D.V. Shram ◽  

Based on the analysis of law enforcement practice in the field of antimonopoly regulation in digital markets, the authors justify the necessity of reforming the current legislation on the competition protection, and provide statistical data on the scale of the introduction of digital technologies. It is pointed out that the prevailing forms of competition in the global digital market are either an oligopoly or a duopoly. The article provides an overview of the practice of applying the current Russian competition law in relation to IT companies (Yandex N. V., Apple Inc., Google LLC). The article analyzes the shortcomings of the Draft Federal Law «On Amendments to the Federal Law «On Protection of Competition» («the Fifth Antimonopoly Package of Amendments»), prepared by the Federal Antimonopoly Service of the Russian Federation in 2018, and propose the ways to eliminate the shortcomings of some projected standards. The author points out the need to link the concept «digital platform» with the term «information system», designated in the Law of the Russian Federation «On Information, Information Technologies and Information Protection», and to take as a basis the definition enshrined in the French Law on the Digital Republic of 2016. According to the authors` opinion, the concept «network effects» can appear in the legislation only after they are supported by the results of experimentally tested methods for calculating network effects. It is proposed to legally «link» network effects with the use of big data that restricts competition. The results of successive attempts of the FAS (Federal antimonopoly Service) of Russia to limit or cancel «intellectual immunities» are considered, and the correctness of introducing a rule on the removal of such immunities in certain cases is justified. The cases of unfair competition of digital platforms associated with the manipulation of search results algorithms (including the use of interactive enriched responses) are investigated. The article describes the risks of digital ecosystems, the development of which may exacerbate the issues of dominance, in particular, due to the monopolization of data. It is concluded that the FAS legislative initiatives of the sample of 2018 need to be carefully revised in the context of the new realities of the development of IT markets.


Author(s):  
A. N. Golomolzin

The article discusses the history, current experience and prospects of tariff regulation in Russia, the initiative of the FAS of Russia to develop and implement the Strategy of a new tariff policy, the adoption of the Federal law «On the basis of state regulation of prices (tariffs)»,the tasks of the tariff regulator for the development of the economy, arising from the Decree of the President of the Russian Federation of December 21, 2017 № 618 and related problems of synergy of competencies, innovation of tariff policy 2015-2017, features and prospects of changes in the current models of tariff regulation of the main natural monopolies of the country.Addressed to researchers, teachers, graduate students and students of law and economic universities, legislator, law enforcement agencies specializing in the regulation of natural monopolies.


Author(s):  
Irina Elesina ◽  
Olga Guz

the relevance of the presented research presentation in the form of an article is based on the needs of modern society in the institutions of people's vigilantes, which by their direct participation in the recent past provided significant support to state law enforcement and human rights, as well as a symbol of the unity of society and the state. The article is devoted to the substantiation of the experimental program developed in the course of the dissertation research, which is aimed at improving the efficiency of the process of training people's vigilantes in educational organizations of the Ministry of internal Affairs of Russia on the basis of a practice-oriented approach. The program content has been developed by us based on the analysis of the present problems in the training of national guards in the educational institutions of the Ministry of internal Affairs of the Russian Federation, on the basis of which we aim to further improve the training of representatives of public associations of law enforcement focus, on the basis of educational institutions of Ministry of internal Affairs of Russia, to conduct training of national guards on the basis of Federal law of 02.04.2014 No. 44- Federal law "about participation of citizens in protection of a public order", and The order of the Ministry of internal Affairs of Russia of August 18, 2014 N 696 regulating questions of preparation of national vigilantes to actions in the conditions connected with use of physical force, and first aid to citizens. In our research, we relied on a whole range of research methods, such as interviewing and observation, as well as methods of using independent assessments.


Author(s):  
Ol'ga Evgen'evna Derevyagina

The subject of this research is the notes to the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses; foreign antimonopoly legislation on exemption and mitigation of liability for cartels; decisions of the plenums of higher judicial instances of the Russian Federation regarding the grounds and procedure for exemption from liability for cartel agreements; draft of the federal law on introducing amendments to the Article 178 of the Criminal Code of the Russian Federation and antimonopoly practice on cartels. The article aims to examine the grounds for exemption from criminal liability for cartel agreements, including in comparative-legal and interdisciplinary aspects. The novelty of this research consists in establishing extension of the grounds for exemption from liability in the Russian legislation to all cartel participants (unlike foreign legislation, according to which the cartel facilitator is not exempt from liability). This article is firs to provide interpretation to scantily studied questions of the procedure for realization of the conditions of exemption from criminal liability: the instance, when the cartel participant is still able to declare the restriction of competition to law enforcement agencies, and other measures of reparation of the inflicted damage. The author proposes a method for unification of the the grounds for exemption from liability stipulated by the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses. The acquired results can be applied in the activity of law enforcement agencies.


Sign in / Sign up

Export Citation Format

Share Document