A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
VECTOR OF LEGAL SCIENCE. General provisions of financial law
The article substantiates the application of the system of delegation of authority in the field of financial activity. Delegation of powers of public authorities to private entities is a common practice in a number of foreign countries, and has long been practiced in the field of business management. Delegation of authority can successfully develop those areas of the economy that are currently most affected by bureaucracy and related negative processes (formalism, corruption, complex and lengthy approval processes, obtaining permits, etc.). It seems that the delegation of certain powers in the budget sphere can significantly increase the efficiency, effectiveness and speed of achieving results by budget recipients, as well as provide a number of other advantages. Two main ways of implementing the delegation of powers in the field of financial activity, which can be carried out both jointly and independently of each other, are proposed: the conclusion of public contracts, as well as the establishment of the institute of parapublic organizations.
The article presents aspects of the legal regulation of international scientific cooperation aimed at the creation and operation of unique scientific installations of the “megascience” class. On the example of scientific projects CERN, ITER and XFEL, the individual features of legal regulation are analyzed: the legal basis, the key provisions of the concluded international agreements, as well as the relationship with the Russian legislation. On the basis of the analysis and generalization, the authors identify the features of legal regulation, which should be taken into account when creating future scientific projects of the “megascience” class.
This article discusses international standards that establish the procedure for providing audit-related services. The key role in the system of this group of international standards is played by the international standards of assurance engagements, the international standards of review checks, and the international standards of related services recognized and in force in the Russian Federation. Taking into account the provisions of Russian regulatory acts and international standards, the types of audit-related services are defined: services that provide reasonable assurance, services that provide limited confidence, and services that do not provide confidence. The subject of the task, within the framework of related services of the corresponding type, and the main features of the provision of such services are also disclosed.
VECTOR OF LEGAL SCIENCE. Budget law and process
The article examines budgetary activities and budgetary policy in the digital economy and shows the importance of the principle of transparency, openness of the budget as a factor in the development of digitalization in budgetary activities. Several ways of development of the information sphere of public finance management are analyzed. It is emphasized that the “electronic budget” is aimed at ensuring transparency, openness and accountability of the activities of state bodies and government bodies. The role of the subsystems of the “electronic budget” is shown, in particular the management of expenditures of the electronic budget, where reserve funds are of great importance. The importance of financial monitoring as an instrument of control over the effective use of federal budget funds is noted.
This article is devoted to a number of issues related to the importance of the method of budgetary lending in the legal mechanism of budgetary regulation. It has been established that in modern conditions, budgetary credit acquires special significance for the federal state, which is the Russian Federation. In 2021, the sub-federal budgets of public law entities are executed in the most difficult economic conditions of the need to overcome the consequences of the spread of coronavirus infection in Russia and the global financial crisis. Given the fact that the ongoing implementation of national projects requires significant expenditures, including at the level of regional budgets, the constituent entities of the Russian Federation are increasingly faced with a significant budget deficit and are increasing public debt to finance it. In the course of the study, various features of budget loans were highlighted, various aspects were studied and the definition of interbudgetary credit was formulated, the key powers of the Federal Treasury in the field of interbudgetary lending were described, the importance of this method for maintaining the stability of the federal state and its subjects was analyzed. It is determined that the Federal Treasury, using the method of interbudgetary lending, ensures the uninterrupted execution of the budgets of the budgetary system of the Russian Federation and state extra-budgetary funds. It is concluded that in modern society budget loans between public law entities play a key role in the process of redistribution of funds in the budget system of the Russian Federation and are one of the backbone forms in the legal mechanism of budget regulation.
This article is devoted to the consideration of some issues related to the legal regulation of the main methods of public debt management in Russia in the context of the coronavirus pandemic. In the course of the study, the features of the external and internal debt of the Russian Federation are highlighted, various approaches to the definition of this category are considered, and some aspects of legal regulation in this area are analyzed. It is determined that the norms of financial law regulate a whole and diverse set of public relations related to the implementation of borrowing both in the domestic and foreign markets, and it is necessary to comprehensively regulate this institution. In conclusion, it is concluded that the coronavirus pandemic has greatly affected all aspects of financial activity, the state had to resort to additional borrowing on the domestic market to eliminate the consequences of the pandemic. Based on this, we need a well-thought-out strategy for the development of legislation in this area at all levels of the budget system of the Russian Federation.
One of the most pressing issues in financial law is the determination of the place of expenditure obligations for the social sphere in the structure of the regional budget. Expenditure obligations of a social orientation are legally fixed in the Budget Code of the Russian Federation, as well as in the legal acts of the subjects of the Russian Federation regulating budget relations for the financial year and the planning period. The analysis of the content characteristics of expenditure obligations in the social sphere and the practice of their consolidation in regional budgets, indicates the priority nature of their financing, as indicated by both conducted sociological studies and developed and tested methods, in particular, the assessment of the elasticity of expenditures on budget revenues.
VECTOR OF LEGAL SCIENCE. Tax law
In the Russian Federation, mediation as an alternative method of dispute resolution was officially applied with the introduction of a separate regulatory act in 2010. Starting in 2019, mediation is used in public legal relations. At the end of 2020, the first case of mediation in the tax sphere was recorded. Within the framework of this publication, the authors analyze the current situation of mediation and, in particular, tax mediation, and express their proposals on the popularization and application of mediation procedures in dispute resolution.
One of the most pressing issues in modern tax law is the solution of the issue of taxation in the field of electronic commerce. Currently, in the world practice of national states and economic unions of taxation, a number of methods have been formed related to the development of a tax mechanism in this area.
An analysis of the scientific literature, as well as domestic and international legislation, indicates that attempts are being made to legally regulate the term “electronic commerce”, as well as to determine the types of taxes applicable to it. The most common taxes in international tax practice are VAT and the tax on goods and services. The Russian Federation also uses VAT in this area in the implementation of electronic commerce.
The article is devoted to the structure of taxes in the context of robotization and artificial intelligence within the production and service sectors. The increase of robots and artificial intelligence systems will entail the replacement of human labour, which, in turn, will lead to a decrease in budgetary revenues. The article discusses possible options for the future design of robot tax to compensate for budget losses.
VECTOR OF LEGAL SCIENCE. Legal regulation of banking and insurance, money circulation, securities market and currency relations
This article is devoted to the study of the financial market as a category of financial law. The paper analyzes the doctrinal definitions of the concept under consideration, investigates the essence of the relations developing in the financial market, and classifies financial markets on various grounds.
The rapid development of digital technologies has led to the emergence of several new types of financial institutions in Russia recently, which, by using digital financial technologies, create additional opportunities for recipients of financial services. Such entities, in particular, include the operator of the information system in which the digital financial assets are issued, and the operator of the exchange of digital financial assets. The article analyzes the features of their legal status as a new type of non-banking financial organizations. Particular attention is paid to the requirements of the current legislation to these organizations. The article also analyzes the role of Bank of Russia in the supervision of their activities.
. At present, due to the changing economic situation, in particular, against the backdrop of the COVID-19 pandemic, the question of the need for further liberalization of foreign exchange regulation and control in order to encourage real investment in Russia remains relevant. The liberalization process is the removal of restrictions on foreign exchange transactions between Russian currency residents and non-residents. When carrying out liberalization, the interests of society and the state should be taken into account in terms of national security and welfare.
Since the adoption of the legislation on currency regulation and currency control, currency restrictions have been weakened (in particular, the obligation to reserve currency and issue passports of transactions in cross-border transactions has been canceled). Liberalization of foreign exchange legislation continues systematically at the present time. At the same time, against the background of liberalization, more and more noticeable is the increasing attention of the state to the property and income of foreign currency residents abroad in order to “whitewash” the economy.
This article is devoted to the consideration of issues related to the legal regulation of the system of treasury payments, as well as the determination of its place in the national payment system. The author notes the peculiarities of the functioning of the system of treasury payments, the specifics of its organization, the existing gaps in the rules of this payment system.
TRIBUNE FOR YOUNG SCIENTIST
This article is devoted to the consideration of issues related to the financial and legal regulation of attracting investments using investment platforms (crowdfunding). The paper outlines the range of relationships that develop in the process of attracting investments using investment platforms included in the subject of financial law, examines the requirements for the operator of the appropriate platform, formulates proposals aimed at expanding the practice of using crowdfunding to solve general social problems.
This article is devoted to the consideration of the legal status of an investment advisor as a subject of financial legal relations. Attention is paid to the genesis and development of this institution, both in Russia and in foreign jurisdictions. The paper provides various points of view on the definition of the concept of “financial service”. The author lists the arguments confirming that the investment advisor has financial and legal status. The paper expresses the author’s opinion that the further development of this institution will improve not only the investment climate in our country, but also the attitude of Russian citizens to the securities market.
The strategy of economic security of the Russian Federation for the period up to 2030 defines various directions of ensuring economic security, one of which is to improve the activities of control bodies, including the Federal Treasury, which, in turn, is carried out through the application of various measures, in particular, information, which includes the creation and organization of information systems aimed at automating control activities. The presented research is devoted directly to the analysis of the legal regulation of these information systems.
The article discusses the legal foundations of the organization and functioning of information systems specified in the Letter of the Ministry of Finance of the Russian Federation No. 02-10-07/74315, namely the GIS of public Finance management “Electronic Budget”, GIS “Official website of the Russian Federation in the information and telecommunications network “Internet” for posting information on the implementation of state (municipal) financial audit (control) in the field of budgetary legal relations” and GIS “Unified Information System in the field of procurement”. In addition, a study of the legal regulation of systems not mentioned by the Ministry of Finance of the Russian Federation among those contributing to the conduct of state financial control is presented — an automated system for planning control and supervisory activities of the Federal Service for Financial and Budgetary Supervision in executable modules and GIS “Standard cloud solution for automation of control (supervisory) activities”. The impossibility of using the second of these systems when carrying out state financial control measures has been established. In conclusion, the specific directions of the use of the considered information systems in carrying out control measures by the Treasury of Russia are presented.
DIGEST OF THE FACULTY ACTIVITIES
The publication provides a brief overview of the main current reports and speeches of leading representatives of science and practice in the field of financial and tax law. Traditionally, the forum held two days of active work of sections on financial law and tax law.
OFFICE BOOKSHELF
LAW IN HISTORICAL REFRACTION. Legal heritage
POST SCRIPTUM
ISSN 2782-6163 (Online)