Claims for damage to a public-law entity within the implementation of internal State (municipal) financial control: Theory and practice

2021 ◽  
Vol 27 (3) ◽  
pp. 611-626
Author(s):  
German N. SKLYAROV
Keyword(s):  
Russian Federation ◽  
Internal State ◽  
Public Law ◽  
Point Of View ◽  
Theory And Practice ◽  
Financial Control ◽  
Control Activity ◽  
Scientific Methods ◽  
General Scientific ◽  
The Russian Federation

Subject. The article analyzes legal mechanisms provided for by the current legislation to implement the measures of financial control bodies in case of revealing damages caused to a public-law entity. Objectives. The purpose is to identify problems to compensate for damage a public-law entity at the stage of implementing the results of control activity, and to find solutions. The solutions will enable to unify the activities of State (municipal) financial bodies, which will increase the effectiveness of the control. Methods. The study employes general scientific methods, like analysis, synthesis, induction and deduction, as well as formal logical and comparative law methods. Results. In the practice of financial control bodies, there are different approaches to determine damages to public-law entities. The same financial violations are treated by different financial control authorities through different legal mechanisms. The lack of common terminology and methodology is a problem that affects the performance of control bodies. Conclusions. It is necessary to classify financial violations from the point of view of their qualification and economic impact. The concept of damage should be disclosed in laws and regulations of the Ministry of Finance of the Russian Federation, or directly in the Budget Code of the Russian Federation, and formalized in methodological recommendations for calculating the amount of damage caused to public-law entities.

scholarly journals The state and municipal financial control system and innovations in the Russian Federation

2021 ◽  
Vol 9 (1) ◽  
pp. 31-35
Author(s):  
Olga Grabova ◽  
Aleksandr Suglobov ◽  
Anton Grabov
Keyword(s):  
Russian Federation ◽  
Internal State ◽  
Financial Control ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Support ◽  
Imperative Subject ◽  
Theoretical Foundations

The subject under research of this article is the control and revision (audit) activities institutions in the budgetary sphere in modern conditions. The purpose of the research is to present the system and innovations structuring in the imperative subject-object sphere of control and revision (audit) sphere, as the main aspect of state and municipal organizations management. Research methods: general scientific methods, systemic and institutional analysis. This article summarizes the control and revision (audit) activities theoretical foundations; systematizes the modern institutional internal and external state structure and municipal financial control of the Russian Federation as well as innovations of internal state and municipal financial control, relatively to the legislative support.

scholarly journals Improvement of the external municipal financial control system in the context of public authority reform

2021 ◽  
Vol 5 (1) ◽  
pp. 96-107
Author(s):  
S. M. Mironova ◽  
A. I. Mordvintsev ◽  
I. A. Eremenko
Keyword(s):  
Russian Federation ◽  
Public Authority ◽  
Financial Control ◽  
Statistical Research ◽  
Scientific Methods ◽  
Existing Problems ◽  
Judicial Practice ◽  
Scope Of Application ◽  
General Scientific ◽  
The Russian Federation

The subject. The implementation of external municipal financial control cannot be called fully competent in Russia. Many practical problems are currently being addressed mainly through the transfer of powers to implement external financial control to a higher level. Amendment to Art. 131–133 of the Russian Federation's Constitution in terms of clarifying the powers of local self-government and incorporating it into public authority, predetermines subsequent amendments to the legislation on local self-government, which can be aimed, among other things, at improving the system of external municipal financial control. The aim of the article is to confirm or disprove the following hypothesis. The reform of public authority will lead to a change in the system of external municipal financial control. Therefore it is possible to propose ways to improve the activities of municipal auditing and accounting authorities on the basis of constitutional novels and the analysis of the existing problems of implementing external municipal financial control. The methodology. The authors apply general scientific methods of comparative, logical and statistical research. The study is based on the analysis of academic literature, statistical data about the practice of the auditing and accounting bodies of municipalities. Russian judicial practice is also analyzed. The main results, scope of application. The organization of a modern system of external municipal financial control shows that it actually works only at the level of urban districts and municipal regions, and that is not always effective. Municipal control and accounting bodies are not created in settlements and the authority to exercise external financial control is transferred either to the level of the municipal district or to the level of the region of the Russian Federation. Conclusion. The municipal auditing and accounting body should retain the authority to exercise control without transferring it to the level of the constituent entity of the Russian Federation. However, at the same time, its role should be strengthened by increasing its status (for example, fixing at the federal level the criteria for the number of employees of the control and accounting body, financial support guarantees).

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

scholarly journals On responsibility of the employer to undertake measures for preventing corruption

2020 ◽  
pp. 65-79
Author(s):  
Svetlana Pavlovna Basalaeva
Keyword(s):  
Russian Federation ◽  
Scientific Method ◽  
Scientific Methods ◽  
Essential Condition ◽  
Labor Legislation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Corruption Prevention ◽  
Legal Consequences

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.

scholarly journals Administrative oversight: improving compliance practices

2021 ◽  
Vol 118 ◽  
pp. 03001
Author(s):  
Aleksander Nikolaevich Varygin ◽  
Irina Alekseevna Efremova ◽  
Vladimir Gennadievich Gromov ◽  
Pavel Anatolievich Matushkin ◽  
Anastasia Mikhailovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Preventive Treatment ◽  
Integrated Approach ◽  
Federal Law ◽  
Scientific Methods ◽  
Administrative Supervision ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Administrative Oversight

The main purpose of the research is to determine the goals, objectives and functions of administrative supervision and develop proposals for improving the legislation of the Russian Federation regulating issues related to the implementation of administrative supervision. Research methods: general scientific methods (analysis and synthesis, logical methods) and private scientific methods of cognition (formally-legally, specifically-sociological etc.). Outcome: the author’s version of the administrative supervision goals and objectives set out in the regulatory documents of the Russian Federation is proposed: 1. Administrative supervision is established to prevent the commission of crimes and other offences by persons. 2. The administrative supervision focuses on implementation by the internal affairs bodies of supervision over the observance by supervised persons of temporary restrictions on their rights and freedoms, as well as over the fulfillment of their duties stipulated by the related federal law; identification of violations by those under the supervision and taking measures in accordance with the law; individual preventive treatment of such persons. The novelty of the study is due to an integrated approach to the research into the goals, objectives and functions of administrative supervision and the developed proposals for improving the Russian legislation regulating issues in that area.

Federal standard for internal state (municipal) financial control “Implementation of the results of inspections, audits and surveys”: main provisions

2020 ◽  
pp. 41-48
Author(s):  
Svetlana Ivanovna Oparina ◽  
Olga Vladimirovna Shinkareva
Keyword(s):  
Russian Federation ◽  
Internal State ◽  
Control Measure ◽  
Control Measures ◽  
Financial Control ◽  
Federal Standard ◽  
The Russian Federation ◽  
The Government ◽  
Control Implementation

The article is devoted to the analysis of the Federal standard of internal state (municipal) financial control “Implementation of the results of inspections, audits and surveys”, approved by Decree of the Government of the Russian Federation of July 23, 2020 № 1095. The article considers the main provisions of this standard that affect the organization of internal state (municipal) financial control in state/municipal budget or autonomous institutions. In particular, aspects related to the communication of the results of control measures to the managers of control facilities, the peculiarities of the implementation of the results of the control measure, the extension of the deadline for the execution of submissions and instructions were analyzed.

scholarly journals MANUFACTURING INDUSTRY FUNCTIONING EFFICIENCY ESTIMATION IN THE REGIONS OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 70-76
Author(s):  
A. Sh. Kamaletdinov ◽  
A. A. Ksenofontov
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Manufacturing Industry ◽  
Federal State ◽  
Index Method ◽  
Scientific Methods ◽  
Efficiency Estimation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

Manufacturing industry functioning efficiency on the territory of the Russian Federation has been analysed. Statistical data offered by the Federal Tax Service and the Federal State Statistics Service of Russia have been used for research. The object of the study is 85 subjects of the Russian Federation, the subject of the study is the type of economic activity “Manufacturing”, which operates on their territories. The methodological basis of the research were the general scientific methods of cognition. As special methods of cognition, statistical methods were chosen. The index method as a private scientific method has been used. An indicator of the effectiveness of the economic activity “Manufacturing” has been developed. The structure of tax revenues and employed population by type of economic activity in 2017 has been studied. A distribution of subjects by type of economic activity “Manufacturing” has been created.

scholarly journals Transformation of the Migration Policy of States During the Pandemic Period

2021 ◽  
Vol 26 (3) ◽  
pp. 34-44
Author(s):  
Vladimir Zorin ◽  
◽  
Vladimir Voloh ◽  
Vera Suvorova ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Migration Policy ◽  
European Countries ◽  
Migration Policies ◽  
Scientific Methods ◽  
General Scientific ◽  
The Russian Federation ◽  
And Migration ◽  
Further Development

Introduction. The article is devoted to the transformation of migration policies during the COVID-19 coronavirus pandemic. The article discusses changes in migration processes in connection with the COVID-19. The aim of the article is to illustrate how the countries’ migration policy has changed due to the pandemic and what measures have been developed to support migrants. Methods and materials. The research methodology includes general scientific research methods, such as analysis, synthesis, content analysis and the aristotelian method. As well as specific scientific methods, such as comparative legal and system analysis. The empirical basis of the study is the data of the General Administration for Migration Issues of the Ministry of Internal Affairs of Russian Federation, the International Organization for Migration (IOM), and the United Nations (UN). Analysis. The authors conducted a comparative analysis of migration policies of various countries during the COVID-19 coronavirus pandemic. Considerable attention is paid to the measures taken by countries to provide various types of support to migrants. The authors also analyzed the activities of international organizations and the civil society. The authors concluded that measures to restrain the pandemic affected the implementation of funded integration projects in the European countries, some activities were postponed, however, the European countries made certain efforts to adopt new integration practices to support migrants during the COVID-19 pandemic. Discussion. The authors assessed the further development of migration processes and countries migration policies. Results. The authors effectuated a conclusion that the COVID-19 pandemic has had a significant impact on the transformation of migration processes and migration policies. The authors focused on how events in the migration sphere would develop, and what changes would take place in the migration policy of the Russian Federation. The research results presented in the article can be used to improve the migration policy of the Russian Federation in relation to labour migrants and to develop regulatory migration measures.

scholarly journals The Problem of Satisfaction with The Results of The Professional Activity of The Employees of The Penal System of The Russian Federation

2020 ◽  
Vol 79 ◽  
pp. 02025
Author(s):  
Yuri Evgenievich Suslov ◽  
Yuri Yuryevich Tishchenko ◽  
Anastasia Andreyevna Samoylova
Keyword(s):  
Russian Federation ◽  
Professional Activity ◽  
Penal System ◽  
Scientific Methods ◽  
Professional Activities ◽  
Corrective Measures ◽  
Methods And Techniques ◽  
General Scientific ◽  
The Russian Federation ◽  
Comparison Of The Results

The article considers the problem of satisfaction with work and results of work on the example of the professional activity of the penal system employees. In this regard, the purpose of the study, reflected in this work, is to analyze the professional activities of the penal system staff of the Russian Federation. The objective was achieved by analyzing scientific sources devoted to the problem of work, professional activity, and satisfaction with their results, as well as the study and comparison of the results of research conducted in the penal system. During the research, such general scientific methods and techniques as analysis, synthesis, comparison, induction, and deduction were applied. The study draws a parallel between satisfaction with professional choices and satisfaction with one’s own life in general, emphasizing the existential nature of the discussed issue. In conclusion, the authors describe the levels of perception of professional activities results by penal system staff. The obtained results can be used for preventive, educational, and corrective measures with penal system staff.

scholarly journals THE CONCEPT OF CONSTRUCTION AND DEVELOPMENT OF THE HARDWARE-SOFTWARE COMPLEX «SAFE CITY»: THE RESULTS OF IMPLEMENTATION, ORGANIZATIONAL AND LEGAL PROBLEMS AND OUTSTANDING ISSUES

2019 ◽  
pp. 69-77
Author(s):  
A. S. EVDOKIMOV
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Industrial Complex ◽  
Human Environment ◽  
Scientific Methods ◽  
Software Complex ◽  
Methodical Basis ◽  
General Scientific ◽  
The Russian Federation ◽  
Is Integration

The article considers topical issues related to the implementation of the Concept of Construction and Development of Hardware-Software Complex «Safe City», approved by RF Government of December 3, 2014, № 2446-р, the main purpose of which is integration of information-analytical systems of public safety and security of the human environment into a single information space (monitoring, forecasting, alerts). The article investigates the process of implementation of the Concept, the organizational problems, highlights the insufficiency of legal regulation and methodical support of the issues of creation and development of agro-industrial complex «Safe city». In the process of research, general scientific and private scientific methods of cognition were applied: analytical, logical, structural-functional, comparative legal. The main conclusion, drawn on the basis of the results of the study, is that in order to optimize the activities concerning creation and development of AIC «Safe City» in the territory of the Russian Federation it is required to introduce significant adjustments to the Russian legislation, to develop sufficient organizational and methodical basis, to develop mechanisms for creating a complex on the example of a pilot constituent entity of the Russian Federation . The main contribution made by the author in this article is the conclusion about the need to develop legislation in the field of complex security, formulated theoretical and applied proposals for carrying out organizational and legal measures in the field of development of AIC «Safe City». The results of the study can be applied by authorized legislative and executive bodies in their practical activities.

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