A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
ОБЩИЕ ПОЛОЖЕНИЯ ФИНАНСОВОГО ПРАВА
The article explores systemicity as an essential attribute and inherent property of law in general, and of financial law in particular. This systemic quality significantly influences the content and internal structure of financial law. Systemicity reveals the interconnections and mutual dependencies of financial law with other system — primarily the financial system of society as an economic construct — thus demonstrating both its external systemic manifestation and its internal dimension. The internal systemicity is reflected in the interrelations of financial law with other branches of public law, regarded as subsystems within the broader legal system, as well as in its alignment with the legal system as a whole. Furthermore, the article examines the structure of financial law as a manifestation of systemicity, and highlights its role in the systematization and codification of financial legislation.
The article examines the problems of social justice in the context of financial law, including the relationship between the concept of justice and the evolution of the concept of “finance”. Based on the analysis of approaches to the definition of justice and finance, the essence of social justice as a principle of financial law is presented. It is established that in the process of resource allocation, regulated mainly by the norms of budget and tax law, the principle of social justice is not fully implemented, forming the basis for subsequent public and scientific discussions. The revealed contradictions in the application of the principle of social justice in financial law indicate the need for additional theoretical study of the practical implementation of the principle of social justice with an emphasis on its integration into the mechanisms of digital transformation of the financial system.
The scientific work is devoted to the identification and analysis of general legal principles of the functioning of the Russian financial system, including the principles of budget federalism, legality, openness and transparency, as well as planning. Their significance and modern role are substantiated in the context of achieving sustainable financial development of the Russian Federation and ensuring its financial sovereignty.
The article examines the main directions of the development of financial sovereignty and financial security of the Russian Federation in the system of public administration. The analysis of the impact of the main parameters of financial security on the financial system of the country is carried out. It is noted that sovereignty presupposes not only internal, external, economic, political, and financial independence, but also the stability of the financial system and all its elements. Based on the analyzed material, it is concluded that financial law has received a new impetus for development, including new prospects against the background of global changes, given the current world order: the subject of regulation is expanding, innovative methods of influencing public relations are emerging, and the need to strengthen the principle of unity of public authorities is increasing.
The article analyzes the features of the financial legal personality of the subjects of the Russian Federation in the context of delegation and various forms of cooperation between public and private entities, including in the form of public partnerships. The subjects of the Russian Federation are not equal to each other in their financial and legal status. Republics, cities of federal significance, autonomous districts and the autonomous region have pronounced features. Territories with a special status have special features of financial legal personality: special economic zones, territories of advanced development, special administrative regions — they are interesting examples of the implementation of geographically determined and geographically limited legal personality within one state. This territorial legal personality applies both to organizations operating in these Territories and to the Territories themselves.
Budget law and process
This article explores the key characteristics of budgetary law in the Russian Federation as a distinct sub-branch of financial law, as well as its significance within the broader legal system of the country. It highlights the importance of ensuring systematic legal regulation of state budgetary activities as one of the central objectives of contemporary legal policy.
The author identifies and analyses a number of features that underscore the systemic nature of budgetary law. These include the presence of comprehensive codified legislation; the operational flexibility and adaptability of the legal mechanisms governing budgetary relations; the existence of core principles that define the substantive content of budgetary law and ensure the unity of its institutions; the historical continuity in the development of legal frameworks regulating budgetary processes; the orientation of budgetary norms toward achieving long-term strategic goals of public governance; and the capacity of budgetary law to give rise to interdisciplinary legal constructs.
It is concluded that, due to its systemic properties, budgetary law serves not only as a legal instrument for organizing the state’s financial system but also as a significant factor contributing to the coherence and stability of the entire legal framework of the Russian Federation.
In the conditions of sanctions pressure and budget deficit of the Russian Federation, control over the purposeful use of budgetary funds acquires special significance. Financial control, especially in its budgetary component, becomes a key tool for preventing and counteracting financial violations.
The article considers the issues of legal regulation of new forms of financial control, such as treasury support and treasury monitoring. (including recent amendments to the Budget Code of the Russian Federation), grounds and conditions of application of the Federal Treasury’s response measures.
Within the research the issue of further improvement of budgetary control tools in the conditions of digital transformation and introduction of the digital ruble in budgetary legal relations.
Taking into account the development of the concept of tax expenditures, it is proposed to analyze its development in foreign countries and Russia, as well as to determine the legal nature of these expenditures and their relationship to tax benefits. Despite the fact that there is no consensus on the signs of tax expenditures, foreign and domestic science consider tax expenditures and tax benefits as not identical concepts, pointing to the criteria separating them. In this regard, it is appropriate to talk about the legal consolidation of the term “tax expenditures” in budget legislation and the identification of characteristic features. The author comes to the conclusion that: a) tax expenditures are a broader concept than tax benefits, and also not every tax benefit is a tax expense; b) it is advisable to include the definition of “shortfall in tax revenues” in budget legislation with a definition that would be more equivalent to the concept of tax benefits.
One of the basic principles of the financial activity of the state is planning. This theoretical position fully corresponds to the principle of the budget system of the Russian Federation (hereinafter, the Russian Federation), as set out in Article 28 of the Budget Code on the completeness of income and expenditure reflection in the budget structure. The completeness of income and expenses is based on their exhaustive systematization and clarity. However, the legal uncertainty of the concept of “non-tax budget revenues” and their types, which exists to this day, reduces the degree of trust of taxpayers in the current fiscal system and does not allow effective control over their payment by the state. The article analyzes topical issues of explaining the essence of non-tax budget revenues and their legal consolidation. Based on the results of the work, it was concluded that the most logical way to determine the content of non-tax budget revenues would be to apply an extended interpretation of the concept of “collection” to them. Such an approach, firstly, will not allow going beyond the constitutional principle that there are only two types of payments on the territory of the Russian Federation — taxes and fees, and, secondly, it will give transparency and certainty to the entire system of fiscal payments, which, in turn, will naturally increase the level of trust on the part of taxpayers.
The article examines aspects of inter-budgetary regulation, analyzes the evolution of inter-budgetary transfers in the Russian Federation, identifies issues of individual principles of the budgetary system of the Russian Federation, and determines their role in regulating inter-budgetary relations. Attention is focused on changes in legislation caused by modern economic and social challenges. The article examines the features of grants, subsidies, and subventions, and analyzes their role in the financial activities of the subjects of the Russian Federation and municipalities. Special attention is paid to the legal aspects of allocating budgetary funds to the budgets of the budgetary system of the Russian Federation, and the limits of legal regulation in this area are defined.
Tax law
The article examines one of the requirements for the legality of establishing taxes and fees — compliance with the due legal procedure for adopting a law. According to the author, who participated in the preparation of an expert opinion for the Constitutional Court of the Russian Federation, the procedure for adopting the law on increasing the amount of state duty was not followed, since the concept of the bill adopted in the first reading was significantly changed at subsequent stages of the legislative process. The question is raised about the admissibility of expanding and changing the content of the bill at the stage of the second reading. It is concluded that such a vicious practice does not comply with the constitutional principles of lawmaking. Compliance with regulatory requirements is a guarantee of transparency and balance in the legislative process.
This article is devoted to the consideration of issues related to the transformation of approaches to understanding the essence of tax control and its place in the system of tax law of the Russian Federation. As a result of the analysis of law enforcement practice, the authors found that the integration of automated information systems in the activities of tax authorities, the implementation of the concept of risk-oriented approach in planning field tax audits has led to a change in the mechanism of implementation of tax control and, accordingly, the goals and objectives assigned to the fiscal authority. The authors found that one of the main tasks realised in the framework of control measures is to create synergy between the state and taxpayers as a result of partnership interaction on the basis of the tax control mechanism.
The authors believe that the existing model of tax control, in addition to the functions of control over the execution of the tax obligation, first of all, assigns the tasks of prevention of bona fide taxpayers from committing offences, serves as a system of guarantees ensuring the balance of private and public interests in tax legal relations. At the same time, there is a need for further research and improvement of the model in terms of normative fixation of non-controversial tax control, the mechanism of settlement of tax disputes.
The article discusses the issues of taxation of mediation activities in the context of the system of taxes and fees. It should be noted that the topic raised has been repeatedly raised in judicial acts at the level of the Constitutional Court of the Russian Federation, but has not received adequate coverage. Today, in practice, there is a situation where mediation does not actually generate income, but legislation provides for the obligation to pay insurance premiums. The author has attempted to give his own vision of the situation and propose solutions to it.
The article is devoted to the topic of timely updating of the accounting policy of an economic entity, since it ensures a systematic approach to accounting and preparation of financial and tax reporting. Accounting policy is the main internal document of the organization and its presence is mandatory. Due to changes in tax and accounting legislation, there is a need to adjust and supplement the applied accounting policy, reflecting new methods and accounting methods. Since 2025, changes have affected the methods of asset valuation, the criterion of materiality of information, the rules for conducting and reflecting the results of inventory, the introduction of a federal investment tax deduction (FINV), the introduction of an increasing coefficient for expenses related to the acquisition of Russian programs for computing equipment and databases, high-tech equipment, electronic products and expenses for research and development work.
The proposed article defines the features of the automated taxation system, its basic differences from similar regimes. The requirements for the transition to automatic self-assessment and its use by the payer have been identified, which made it possible to note the advantages of this experimental regime, the interim results of the introduction and suggest some options for further development. Among the participants in the relations that develop when using automated control systems, credit organizations and operators of electronic platforms are highlighted, thanks to which information exchange with tax authorities is carried out and the “automated” nature of the special regime is ensured. In addition, the general rules for the application of Taxation were considered, in particular, the legal status of taxpayers, elements of taxation, and issues of paying mandatory payments for taxpayer employees.
Legal regulation of banking and insurance, money circulation, securities market and currency relations
One of the directions of protecting the rights of consumers of financial services, relevant not only for the Russian Federation, but also for other countries, has become the counteraction to fraud in the financial market.
Fraud in the financial market has always existed, but in recent years both the number of criminal attacks and the number and variety of criminal schemes have increased significantly.
The article analyzes the main problems associated with the increase in the number of cases of fraud in the financial market, as well as new legislative measures adopted in the Russian Federation to counteract criminal attacks on the rights of consumers of financial services.
This article focuses on the growing importance of the Russian Federation’s monetary policy for the proper functioning of its financial system. The consistency, proactivity, and interdependence of the monetary policy implemented by the Bank of Russia, as well as its alignment with the government’s fiscal policy, have become particularly relevant in the current systemic economic crisis caused by the consequences of unfriendly countries’ anti-Russian economic sanctions and international restrictions during the special military operation. The study identified the objective reasons and indicators of the “tight” monetary policy. It examined the fundamental sources of financing the federal budget deficit, analyzed certain methods of monetary policy aimed at attracting additional financial resources to public funds, and studied the economic and legal nature of the Bank of Russia’s key rate. It is concluded that one of the key goals of the current monetary policy of the Russian Federation is to reduce the needs of banks to attract funds from public funds and create conditions for banks to increase the allocation of temporarily available funds (including consolidated funds from the public) into public financial instruments. Consequently, the current monetary policy of the Russian Federation is an economic incentive for the financial market’s credit sector to finance the federal budget deficit.
This article is devoted to the study of the prospects for financial law regulation of the carbon market. The article notes that in the event of an expansion of the practice of introducing mandatory quotas for greenhouse gas emissions and, accordingly, an increase in the number of entities involved in the trade in carbon units, a change in approaches to regulating the relevant relations will be required. It is indicated that in the future, carbon units can be considered as financial instruments.
In this article, the author analyzes the goals of financial market supervision. It is noted that the primary goal of supervision is to ensure financial stability. The author examines the main approaches that have been developed in legal doctrine and regulatory acts in Russia and several foreign countries on this issue. The article argues that the differences in the legal understanding of financial stability are influenced by factors such as the specific organization of the financial market supervision system and the differences in the tools used by financial market regulators. The author concludes that in order to maintain financial stability, it is necessary to: 1) create conditions for the safe functioning of certain types of financial intermediaries; 2) ensure the stable operation of payment systems; 3) establish mechanisms for protecting the rights of financial service consumers.
The paper examines issues related to the financial and legal regulation of the securities market in India. The country’s stock market emerged during the colonial period, which was associated with the activities of the British East India Company. Later, after India gained independence, a set of regulatory legal acts was adopted that allowed for the necessary regulation of this market. A separate body was created in the state — the Securities and Exchange Board of India, which regulates and controls all transactions in the stock market. A Securities Appellate Tribunal was also established to consider disputes related to the activities of participants in this market. In the context of further development of public relations in India, proposals have been developed to facilitate the legalization of activities in the cryptocurrency market, which will attract significant investments in the country’s economy.
This article explores jurisdictional challenges in resolving financial disputes within international commercial arbitration, focusing on mass claims by investors against states. It examines the landmark case Abaclat v. Argentina, where 60,000 bondholders challenged Argentina’s default, highlighting flaws in traditional jurisdictional approaches. The author proposes «dynamic jurisdiction» — an original, adaptive framework that allows tribunals to adjust their competence incrementally based on the number of claimants, evolving facts, and states’ public law interests. This approach departs from rigid current practices, aiming to balance investor rights with state sovereignty. The study draws on the 1965 Washington Convention, bilateral investment treaties, ICSID case law, and theoretical scholarship, underscoring its relevance amid financial market globalization. The concept’s viability is tested through a hypothetical scenario and extends to emerging disputes over digital assets. This novel framework offers a flexible solution to enhance arbitration’s legitimacy and predictability in complex financial contexts.
GRAND PRIX OF THE COMPETITION «TEXTBOOK OF THE YEAR»
OFFICE BOOKSHELF
LAW IN HISTORICAL REFRACTION. Legal legacy
LAW IN HISTORICAL REFRACTION. Legal Monuments
LAW IN HISTORICAL REFRACTION. Some Pages of the Past Periodicals
POST SCRIPTUM
ISSN 2782-6163 (Online)






















