scholarly journals The Internal State Financial Control Reform: Tasks, Objectives and Legal Challenges

2020 ◽  
Vol 15 (11) ◽  
pp. 76-94
Author(s):  
A. A. Yalbulganov

The paper examines the objectives, tasks and directions for the internal state financial control in order to improve efficiency of control and supervisory measures. It identifies the reasons that encouraged the legislative and executive powers to transform the state financial control, which have a systemic nature. A significant place is devoted to the functional forms of state financial control—internal financial control and internal financial audit carried out by budget funds administrators other than internal state financial control bodies. Based on the analysis of normative legal and other acts and methodical recommendations the author elucidates the essence of internal financial control and internal financial audit, the balance between them and the internal state financial control and proposes measures to improve the efficiency of the controlling bodies. The paper represents the system and levels of legal regulation of all directions of financial control implemented by executive authorities, suggests methods of ensuring independence of bodies implementing functional forms of financial control.

THE BULLETIN ◽  
2020 ◽  
Vol 6 (388) ◽  
pp. 120-129
Author(s):  
Zhagyparova A.O. ◽  
◽  
Tulegenova Zh. ◽  
Bekbusinova G.K. ◽  
Solovyova I.A. ◽  
...  

The article analyzes the fundamentals of standardization in the field of state audit and its role in the activity of the supreme financial control bodies. The importance of standardization was confirmed in the preparation of proposals and recommendations, based on the results of control and expert-analytical activities by the supreme financial control bodies, with the aim of improving the management of public resources. Expert-analytical activities significantly increase the efficiency of internal state auditors. It is one of the most important tools in the implementation of the functions and powers assigned to internal auditors under the Law. Today, there are many types and methods of audit and analytical procedures. In addition to them, computerized techniques were added, that help auditors to automate the analysis process and make it less costly and time-consuming. Expert-analytical activities for bodies of internal state audit are not regulated by law. This means that the bodies of internal state audit do not conduct an expert-analytical event separately from the audit, as an independent event, in contrast to the bodies of external state audit. Expert-analytical activity for internal state audit bodies is one of the analysis tools for conducting audits, fixed in accordance with the functions of the state body under the Law.


Author(s):  
Svetlana Evgenivna Greben

The article generalizes the existing approaches to the definition of the term “financial control”. A detailed analysis of the Law of Ukraine “On Education”, the Regulation “On State Audit Office” and the Concept of Development of State Internal Financial Control are carried out. The state and prospects of internal and external financial control in higher educational institutions are investigated. It is substantiated that the legal department, in the state of which the specialist with special knowledge in the field of budget institution activity is desirable, is responsible for the legality and legal validity of the decisions taken. The specified person has the authority and responsibility for receiving and using funds from the budgets with the maximum achievement. In the framework of internal financial control, it is expedient to build an information and communication system for monitoring and processing of common methodological and organizational control principles through the development of the Regulations on the implementation of internal control, job descriptions of employees and the Guidelines for the implementation of internal control.It is noted that financial control, as a separate field of research has always been in demand and caused considerable interest. Given the cross-cutting nature of financial control, it is logical that it is unique and unique in various areas of implementation. Uniform unified financial control knowledge can not be applied — each industry has its own nuances. It is determined that financial control occupies the leading place in the activity of the University and, subject to its high quality, results will surpass all expectations. The existence of a legislative framework regulating the procedure for the implementation of financial control, the rights and powers of controlling bodies is not a guarantee of success. First of all, it is necessary that the specified laws be fulfilled and the controlling entities deliberately comply with the requirements of the legislation not because of the fear of negative consequences, but because of the desire for effective, economical use of funds in order to achieve the best result.


Author(s):  
Пешкова ◽  
Christina Peshkova

This textbook is for educational organizations of higher juridical education. It is recommended to organize the process of teaching and preparing special literature on Budget Law, Financial Law, studying the problems of financial and budget activity of the state, legal regulation of public finances, financial control. This book describes institutes of budget law: budget system, budget construction of the state, Intergovernmental relationships, budget income and budget costs, budget process. The book can be useful for financial agencies, agencies of budget control, state and municipal organizations.


2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Lira Kovtun

In the current context, the sphere of public administration witnesses processes of reformation connected with changes in the system of the state financial control bodies, expansion of the list of state financial control methods. The article examines the key provisions of the state treasury control, studies the features of the methods used by the Russian Federal Treasury in implementing the powers and authorities in the internal state financial control. It formulates a conclusion of highlighting a separate method of the state financial control - the budget monitoring. It specifies the specificity of this method the implementation procedure of which envisages a possibility of identifying the risks in spending the budget funds in order to prevent disorders in the minimum volume of the spendable financial, labor expenditures. The article presents the authors position in regard of direction of developing the methodology of the state treasury control in order to strengthen the position of the Russian Federal Treasury as a significant organ of the state financial control.


Author(s):  
Olena SHEVCHUK ◽  
Nataliya ZDYRKO

The article defines the essence and proves the effectiveness of such a relatively new form of financial control, such as the state financial audit, which is the most effective instrument in combating budget violations. The concept of state financial audit and inspection in the current domestic legislative framework is analyzed, features of differentiation of these economic categories are noted. The modern problems of the state financial audit are outlined. The main tendencies of conducted state financial audits for the last three years of the functioning of the State Audit Office of Ukraine are noted. The most widespread financial violations, which resulted in losses of state resources during the reporting period, are presented. The necessity of improving the system of domestic state financial control through the development of the state financial audit, which will increase the efficiency of the functioning mechanism of financial control of the budget sphere by the state controlling bodies, is substantiated. The main directions of improvement of the mechanism of carrying out of the national state financial audit are offered.


Author(s):  
Anton Vyacheslavovich Abrosimov

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.


Author(s):  
Iryna Komarnytska ◽  

The article analyzes the system of administrative and legal means of crime prevention in the financial sphere in Ukraine. It is noted that in general the prevention of offenses in the financial sphere is aimed at eliminating the possibility of harm to individual subjects of financial and legal relations and the financial system of Ukraine, the state, society as a whole, eliminating the negative impact on the financial sector. Ukraine. It was found that the administrative and legal means of crime prevention in the financial sphere is a system of substantial and activity legal phenomena, through which the subjects of financial control, law enforcement and other bodies, citizens, their associations and other subjects of counteraction to financial offenses nature, establish the causes and conditions of misconduct in the financial sector, neutralize the factors that determine the delinquent behavior, have a preventive effect to prevent tax, budget offenses, banking offenses, financial offenses in the customs sphere and other financial offenses. The analysis of means of counteraction to torts which pose a threat to financial stability, security of the state, guarantee of financial rights of individuals and legal entities is presented. The specifics of the legal nature and legal features of the system of administrative and legal means of crime prevention in the financial sphere in Ukraine, the regulatory framework for their application, elements, varieties are detailed. The need to take into account the factors that determine tortious behavior of a financial nature is emphasized. It is emphasized that on the way of implementation of modern reforms in the financial sphere the legislator must form a legal basis for the implementation of financial and legal means of prevention of financial delinquent behavior, take into account the systemic nature of such means and the need for comprehensive consideration and standardization.


2021 ◽  
Vol 81 (2) ◽  
pp. 130-135
Author(s):  
L. V. Borets ◽  
Ya. O. Arbych

The bases of the legal status of the Accounting Chamber have been studied: rights, duties, responsibilities, principles, purpose, functions, place of the Accounting Chamber among other state agencies and their interaction. It has been emphasized that the Accounting Chamber should be assigned the status of the Supreme Audit Institution in order to harmonize the legal definition of the legal status of the Accounting Chamber with international standards, namely the Lima Declaration of Control Guidelines, which should assist in expanding the powers of the state agency and should facilitate the effective realization of control functions. The authors have studied the problem of compliance of the Accounting Chamber with the principle of independence contained in the Constitution of Ukraine and in the Law of Ukraine “On the Accounting Chamber”. The emphasis has been placed on the fact that the legislator identifies the legal categories of “state financial audit” and “state external financial control (audit)” in the Law of Ukraine “On the Accounting Chamber”, by using the phrase “state external financial control (audit)”. It is the basis for authors to emphasize the importance of adopting a regulatory act, which will be designed to distinguish between basic categories (concepts) in the field of public financial control (audit). The need to consolidate the functions of the Accounting Chamber at the legislative level and their delimitation with the powers of a state agency has been substantiated. The need to supplement the title of the Law of Ukraine “On the Accounting Chamber” with the word Ukraine has been emphasized. The shortcomings of the legal regulation of the institution of responsibility of officials of the Accounting Chamber have been highlighted. The emphasis has been placed on the fact that the mechanism for bringing officials of the Accounting Chamber to disciplinary responsibility is not regulated at a high level. The authors have emphasized on the improvement of normative and legal regulation of the special procedure for bringing guilty persons to administrative liability by authorized persons of the Accounting Chamber for violation of the law. Based on the analyzed experience of the Accounting Chamber of France, the authors have suggested the ways to improve the legal status of the Accounting Chamber of Ukraine.


Author(s):  
Yu. Pohodzilo

Problem setting. At present, the Institute of Public Financial Control is one of the main mechanisms for implementing financial and legal policy in Ukraine. At the same time, many questions regarding the legal and organizational support of the Institute, both in theory and in practice, have not yet been finally resolved and need further improvement. Since the 90’s of the twentieth century. Ukraine has started the transition to market relations. Financial and control bodies began to emerge, which appeared most often spontaneously in the state mechanism and were not brought into a single system, which was facilitated by the imperfect legal system. Therefore, it is no coincidence that their work today lacks proper coordination and coherence, and there is a clear and hidden duplication of functions, which leads to numerous abuses in the sphere of financial activity. Analysis of recent researches. Issues related to the formation and development of public financial control in the Russian Empire in the second half of the nineteenth century – beginning of the twentieth century, нave been the subject of scientific research of such scientists as: I.I. Blech, I.S. Blich, F.I. Bochkovsky, V.O. Tatarinov and others. Article’s main body. Pre-revolutionary historiography is rich in studies that have covered various aspects of financial policy, analyzed issues of budget, credit, taxation, including public financial control. In the pre-revolutionary period, neither the law nor the scientific literature used the term “state financial control”; instead, it used the term “state control”, which meant the procedure for verifying the execution of a decision made by anybody, or for the purpose of verification, and also the institution that conducted the audit. In the history of the Russian Empire in the 1960s, it was a time of transition to a new economic formation, the beginning of civil society formation and the transformation of state-legal institutions. This transition has undergone a number of transformations, including financial control reform, which has been of great importance for the development of the institution of public financial control. Conclusions and prospects for the development. From the 60’s of the XIX century and up to the end of the century in the Russian Empire observed: improvement of the legal framework of the system of state financial control; strengthening the position of the State Control as an independent body of financial control in the state mechanism; trend of decentralization of state financial control, development of previous financial control; putting in place the elements of publicity in the activities of financial control bodies.


Author(s):  
Victor V. Ignatenko ◽  
Natalya W. Vasilyeva ◽  
Yulia W. Pyatkovskaya

The article refers to investigating problems of legal regulation of parafiscal payments and ways of their solving. It marks the increasing number of payments as well as strengthening scientists’ interest to the issue in recent years. However, it has not led to legal regulation improvement of the sphere. While studying the issues the authors use the conceptual approach to consider the obligatory payments accumulated out of the budgetary system as “parafiscalities” that is supported by law enforcement practice. Analysing the main characteristics of parafiscal payments, the authors compare them with taxes and levies, separating the last, first of all, according to the purpose of establishing and collecting ones that are expected to satisfy not the state (municipal), but other public social or economic interests. The article also reveals negative sides of current parafiscal system that are mostly caused by legal regulation insufficiency in the sphere. In addition, it highlights the necessity of legislative definition for basic fundamentals to establish, introduce and levy payments providing public and private interests balance and that will ensure protection of payers’ rights who make parafiscal payments. The article also raises the problem of strengthening the financial control over the parafiscal payment system that is also possible only in case of complex legal regulation of all obligatory payments coming to the decentralized public funds


Sign in / Sign up

Export Citation Format

Share Document