Legal regulation of strategic planning in the field of public Finance

Author(s):  
Екатерина Кудряшова ◽  
Ekaterina Kudryashova

The monograph presents a theoretical study of the legal regulation of state financial planning in the system of strategic planning of the Russian Federation. Russia is one of the first in the world to reach a level of strategic planning that allows it to be given a legislative form. The work is aimed at the formation of a systematic theoretical approach to the legal regulation of public Finance planning. The complex interdisciplinary approach is used: the achievements of economic, political and other social Sciences on the issues of state financial planning are summarized and the most significant conclusions and provisions for legal regulation are revealed. The author addresses the problem of correlation of law, policy and other means of planning regulation in the field of public Finance. The mechanism of legal regulation of state financial planning is considered in detail. Particular attention is paid to the concept of financial and planning acts, financial relations, problems of law enforcement. The features and common regularities of legal regulation of the state financial planning in different spheres of Finance are analyzed: budget, state revenues and expenditures, in the financial market. For researchers, representatives of social and political organizations, lawyers, practicing lawyers and economists, state and municipal employees, judges and arbitrators, teachers, postgraduates, students studying in legal and economic specialties.

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.


2021 ◽  
Vol 118 ◽  
pp. 02013
Author(s):  
Svetlana Petrovna Kazakova ◽  
Olesya Aleksandrovna Kukhareva ◽  
Ekaterina Viktorovna Tkachenko ◽  
Asiya Nailevna Yusupova ◽  
Dimitri Oleynik

The study’s objective is to develop theoretical provisions revealing the conceptual features of forming and implementing conciliation procedures. The authors pay special attention to the most controversial issues that prevent their dissemination in the Russian Federation. The methodological basis of the study consisted of dialectical analysis, which allowed to evaluate the results of rule-making and law enforcement; the comparative-legal method contributed to an objective assessment of the quality of existing legislation; the systematic method allowed to interpret the categorical apparatus on the example of studying “conciliation procedures”; the method of legal modeling allowed to formulate a model of conciliation procedures, which has a separate, independent place in the legislation of several countries. The result of the work was to draw attention to the meaning of “conciliation procedures” in its empirical and functional aspect and to prove that conciliation procedures, with their objective and subjective justification, are a fundamental category of modern objective law, in which the freedom of choice of subjects of law is not limited to permissive and administrative means, but must be justified by the essence of the dispute being resolved and the final result. The study’s novelty is the conclusion that in some cases, the reference to legislation providing for “conciliation procedures” for legal entities is not always consistent and does not reflect its ontological nature. For, conciliation procedures, expressing an example of the permissive rule of Russian legislation with the peculiarities of its legal regulation of certain legal institutions, should be aimed at developing voluntary settlement by the parties to a legal dispute as a special type of social conflict.


Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 3-9
Author(s):  
Igor B. Lagutin ◽  

This article is devoted to the study of the characteristics of the organization, activities and legal regulation of the European Organization of Regional External Public Finance Audit Institutions (EURORAI). The role of EURORAI in the development of Russian legislation governing the organization and activities of the control and accounting bodies of the constituent entities of the Russian Federation and municipalities is analyzed. The article studies the structure, powers and composition of participants in the European Organization of Regional External Public Finance Audit Institutions (EURORAI). Separately, the article considers the issue of legal support for the organization and activities of the European Organization of regional bodies of external control of public finances, as well as its international legal status. The article concludes that the effectiveness of the interaction between the control and accounting bodies — members of EURORAI, is at a low level and practically does not have any effect on the activities of the control and accounting bodies of the constituent entities of the Russian Federation, and is more important for improving its legal status in the regional level.


2022 ◽  
Author(s):  
Al'bert Trofimov

The monograph is devoted to the analysis of the patterns of development of modern legal regulation of budgetary systems in the Russian Federation and the People's Republic of China. The range of issues under study includes clarification of the structures of budget systems in selected jurisdictions, identification of the specifics of legal regulation of the formation and expenditure of extra-budgetary and budgetary funds, study of the features of the delimitation of powers of state (municipal) authorities for public finance management. A comparative analysis of the legal regulation of the budgetary systems of Russia and China is presented. For a wide range of readers interested in the issues of legal regulation of budget systems. It can be useful for students, postgraduates and teachers of law and economics universities.


2020 ◽  
pp. 27-39
Author(s):  
Vladimir G. Blinov ◽  
Viktoriya V. Blinova

A huge interest in learning digital technologies is noted these days. However, at the same time it is necessary to note insufficient degree of available information on this topic, which is due to this phenomenon's novelty. The relevance of the research topic is determined by the need to analyze comprehensively the litigation practice on applying the legislation on digital rights. The need for this research is due to the lack of a comprehensive legal regulation of new digital technologies, lack of uniform judicial practice on applying the legislation on digital rights. This paper considers and analyzes modern law enforcement approaches to cryptocurrency as an object of civil rights, to transactions with cryptocurrency, dissemination in the Internet of information about cryptocurrency as a virtual means of payment and saving in the territory of the Russian Federation, taxation of digital assets existing in litigation practice. The legal positions of the Bank of Russia, Rosfinmonitoring, FTA of Russia on problematic issues of digital rights are investigated.


2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.


2018 ◽  
Vol 6 ◽  
pp. 448-453
Author(s):  
Tatyana Skvortsova ◽  
Аnna Nikitina ◽  
Mustafa Ansari ◽  
Margarita Tertyshnikova

Entrepreneurial activity is pursued by large, medium and small business entities which can be introduced by individuals – individual entrepreneurs and legal entities – commercial and non-profit organizations. The entrepreneurial activity of these entities is regulated by the rules of law which may cause problems in law enforcement resulting in the improvement of legal regulation. The article provides a review of some legal regulation issues of entrepreneurial activities of non-profit organizations, the analysis of peculiarities of economic activity exercised by these organizations and covers the problems of differentiation between entrepreneurial and non-entrepreneurial activities that individuals are engaged in. The authors analyze the problem of relations between the concepts of "entrepreneurial activity" and "income-generating activities" which requires a solution by means of elaborating a strategy for existing legislation improvement to prevent situations that violate the rights and legal interests of entities in the sphere of entrepreneurial activity.


Upravlenie ◽  
2019 ◽  
Vol 7 (2) ◽  
pp. 87-94
Author(s):  
O. V. Kozhevina

The issues of legal regulation of investment activity at the level of the Federation entities of the Russian Federation have been considered. The purpose of the research is the study of strategic documents in the field of investment activities of the Federation entities of the Russian Federation and the regulatory framework. The object of the research is the mechanism of strategic planning of investment development of territories. An empirical study of the implementation of investment processes in Russian regions has showed, that legal regulation is heterogeneous, but in general, well presented and allows improving the investment climate and encouraging investment, as well as to some extent influencing the economic security of the regions. The experience of the functioning of specialized organizations to attract investment and work with investors, the organization of public-private partnership at the regional level has been studied. The algorithm of approval of investment projects of territorial development has been presented.On the example of a large Russian region - the Altai Territory - the provisions and principles of the investment declaration of the subject, such as equality of the subjects of entrepreneurial and investment activities, involvement of subjects of entrepreneurial and investment activities in the investment process, transparency (openness) of information, the use of best practices of work with investors have been considered. A set of internal measures and instruments for the implementation of an effective investment policy at the regional level has been determined. Attention has been paid also to the relevant issue of concluding concession agreements as a way to develop territories and implement infrastructure projects. Internal measures have been proposed to increase the investment attractiveness of the Russian regions, in particular, are necessary the transformation of the business climate, increasing the responsibility of regional executive authorities for the investment development of territories and creating a favorable investment climate, ensuring the availability of long-term financing sources for investment projects, the development of venture financing and crowdfunding. 


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