Reference:
Trofimova G.A..
The Financial Capacity and Viability of Individuals
// Financial Law and Management.
2018. № 3.
P. 40-48.
DOI: 10.7256/2454-0765.2018.3.19331 URL: https://en.nbpublish.com/library_read_article.php?id=19331
Abstract:
One of the most important activity of any state is to ensure financial possibilities for the implementation of the citizens for their assigned rights and freedoms, and in the first place, the rights to life, health and decent life style. The level of financial autonomy of the citizens determines the amount of social assistance costs, severity of the tax burden and growth or decline of the economy. Key categories in the definition of financial independence just acted as financial capacity and financial viability of the citizen. To conduct the study on the possibility and necessity of such categories, as well as the formulation of the relevant concepts the authors have used such research methods as formal-legal, system, historical, comparative law methods and methods of analysis, synthesis and comparison. As a result of the research the authors have determined the legal value of such categories as financial capacity and financial viability, their definitions, also described signs of the financial viability, incomplete (partial) financial viability, incomplete (indirect) financial viability, limited financial viability, and lost viability; they have also offered the option of legal consolidation.
Keywords:
category of financial law, source of the financial support, financial insolvency, bankruptcy natural persons, subjects of the financial law, types of viability, financial capacity, financial viability, guaranteeing the constitutional rights, social security of citizens
Reference:
Sergienko N.S., Suslyakova O.N..
Prospects for the Development of the Pharmaceutical Cluster in the Kaluga Region
// Financial Law and Management.
2016. № 2.
P. 154-163.
DOI: 10.7256/2454-0765.2016.2.67901 URL: https://en.nbpublish.com/library_read_article.php?id=67901
Abstract:
The object of the research is the process of the development of pharmaceutical cluster in the Kaluga region. The subject of the research is a set of measures aimed at creating conditions for the development of the pharmaceutical industry in a particular region. The authors examine the prerequisites and conditions for the development of the pharmaceutical cluster in the specific constituent of the Russian Federation. Special attention is paid to the tools of support from the government of the region on the implementation of investment policy in the development of the pharmaceutical industry and strategies for the industry development in the region. In their research the authors have used the systems, statistical and logical analysis methods as well as descriptive and comparative methods of processing and systematization of data. The main conclusion made on the basis of the research results is the following: for the development of strategically important industries for the economy of the country it is required to create certain infrastructure and administration in additional to budget investments inculding regional investments. The novelty of the research is caused by the fact that the authors define the role of public authorities at the regional level and industry sector in stimulating investment activities and establishing appropriate procedures and standards governing the development of the pharmaceutical cluster. The results can be used to develop regional regulatory acts aimed at regulation of investment activity, as well as to adjust existing documents. The results of the study can serve as a basis for further research in the field of formulation and evaluation of investment activities in the constituent entities of the Russian Federation.
Keywords:
investment policy, cluster, competitive advantages, regional specific features, pharmaceutical industry, pharmaceutical cluster, tax preferences, investment strategy, budget, budget investments
Reference:
Sineokiy O.V..
'Contracts For The Record', 'Separate And Undivided Co-authorship' and 'Right To Use A Back Catalog' In The Mirror Of Intellectual Property Rights (The Lawyer's Comments In The Music Business)
// Financial Law and Management.
2016. № 1.
P. 69-84.
DOI: 10.7256/2454-0765.2016.1.67549 URL: https://en.nbpublish.com/library_read_article.php?id=67549
Abstract:
The object of the research is the intellectual relations in the field of recording. The subject of the article is the 'Contracts For The Record', 'Separate And Undivided Co-authorship' and 'Right To Use A Back Catalog' as interrelated phenomena studied through the prism of intellectual property rights. In addition, the author of the article describes the mechanism of protection of intellectual property rights in the international music business, taking into account the specifics of narrowly focused features of advocacy. Understanding of some of the problems associated with intellectual legal relationships in the record is illustrated by the examples from the practice of legal support of various actors of the music business, judicial and non-judicial dispute resolutions. The methodological basis includes a survey representing a comparative, dialectical systemic, structural and functional analysis, descriptive methods, methods of forecasting and perspective analysis. As a result of the research the author comes to the conclusions about the theoretical and practical importance of the formation of the updated sample preparation and consumption of phonographic products. Particular attention is given to clarifying the legal content of the concept 'Artist’s Back Catalog' and 'Publisher’s Back Catalog'. The novelty of the study is caused by the fact that the author makes proposals for improving the legal (advocate) support of the various actors of the music industry.
Keywords:
back catalog, advocacy, licence, record label, financial responsibilities, contracts, sound recording, intellectual rights, co-authorship, phonographic production
Reference:
Terekhova E.V..
On the Investment Right in the Sytem of Financial Law
// Financial Law and Management.
2015. № 4.
P. 440-448.
DOI: 10.7256/2454-0765.2015.4.67497 URL: https://en.nbpublish.com/library_read_article.php?id=67497
Abstract:
The subject of the research is theoretical and legal issues of investment law, including the specific content of public investment relations. The reseracher conducts a systems analysis of the legal rules regulating the investment activities of the state and municipalities. In the article the question about the place of the investment law in the system of financial law is also discussed. The author offers her definition of investment law and public relations investment. She underlines the special role of institutions for developing public investment relations in the investment process. The researcher has used general scientific and private-scientific methods of research (analysis, synthesis, deduction, analogy, generalization, dialectical, formal-logical, formal and legal methods). The conducted research has allowed the author to conclude that the investment law is a sub-sector of financial law and has its own internal structure. The author of the article also describes groups of public investment relations, characterizing the subject of investment law. Based on the foregoing, the author highlights the distinctive features of investment legal provisions and regulations.
Keywords:
financial law, system, the subject, public investment ratio, institutions for development, public
companies, investors, investment law, investment control, investment relations.
Reference:
Galeev R.R..
Invalidity of Major Transactions: Problems of Theory and Practice of Corporate Law
// Financial Law and Management.
2015. № 3.
P. 347-355.
DOI: 10.7256/2454-0765.2015.3.66906 URL: https://en.nbpublish.com/library_read_article.php?id=66906
Abstract:
The subject of the research is the problems of the theory and practice of corporate law, in particular, invalidity of major transactions. The Federal law of September 30, 2013, No. 260 limited the list of grounds for considering a transaction to be invalid. Moreover, the range of circumstances to consider transactions to be invalid has been significantly expanded. Thus, the legislator has reduced the list of persons who may challenge a transaction, defined a prohibition on challenging transactions in the absence of real violations of rights and law-protected interests of complainants. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). The author concludes that due to the innovations in the civil legislation, there will be significant changes in law-enforcement practice regarding the activity of joint stock companies making major transactions. The aforesaid act should contribute to the stability of civil transactions and, consequently, to considerably reduce the number of large transactions recognized as invalid by courts of arbitration.
Keywords:
deal, corporate law, Civil Code, joint stock company, major transactions, invalid transactions, court, judicial practice, agreement, claim
Reference:
Moroz K.S..
Defining the Сoncepts of 'Services' and 'Financial Services' for the Purposes of Legal Regulation of Foreign Trade Activity
// Financial Law and Management.
2015. № 3.
P. 356-365.
DOI: 10.7256/2454-0765.2015.3.66907 URL: https://en.nbpublish.com/library_read_article.php?id=66907
Abstract:
In this article Moroz analyzes the concept of services and their special kind, i.e. financial services both at the doctrinal level and at the level of legal regulation within the framework of the World Trade Organization, European Union and Eurasian Economic Union as well as at the level of national legislation. In this context, the article presents the international legal acts and the court practice of integration associations; special attention is paid to the national legal regulation of financial services, in particular, in terms of international legal regulation in the sphere of services. In the course of research the author applied the comparative legal research method as well as analysis and synthesis, which allowed to draw the following conclusions. The author notes that in this the article the author separated the concept of "service" and the concept of "external trade in services" and focuses on the difference between the legal regulation of these terms in various integration associations at the national level. The article displays the author's definition of services, as well as criteria for determining financial services.
Keywords:
services, financial services, World Trade Organization, general agreement, free movement of goods, services and capital assets, Eurasian Economic Union, foreign trade services, European Union, trade in services
Reference:
Alekseev I.V..
The economic content of the concept “franchising enterprise”
// Financial Law and Management.
2015. № 1.
P. 90-100.
DOI: 10.7256/2454-0765.2015.1.66397 URL: https://en.nbpublish.com/library_read_article.php?id=66397
Abstract:
The aim of the article is to clarify the content of the economic concept “franchising enterprise” through analysis of economic glossaries and scientific literature and demonstration of diverse approaches towards the definition of “franchising”. The tasks of the author were to determine the stages of the development of the franchising sphere in Russia; to form a model of organization of territorial franchising; to reveal geographical regions that apply special legislature for regulating franchising; to specify the basic principles of regulatory acts of the world’s leading nations, which, as authoritative ones, allow to outline characteristics of any entrepreneurial form of franchising.
The method used in the article is analysis of economic glossaries and scientific literature, as well as comparison of various interpretations of the concept “franchising”.
The main conclusions of the article are that the modern concept of franchising is beneficial in wide recognition of goods and services, as well as in higher culture of servicing the client. Mutual support between entrepreneurs may be helpful in acquiring new ideas, methods and technologies and in solving the problem of unemployment at the regional level through attracting a wide range of employees in franchising businesses.
The novelty of the article is that it gives definition of the stages of the development of the franchising sphere in Russia, formulates a model of organization of territorial franchising, reveals geographical regions that use special legislature for regulation of franchising, specifies the basic principles of regulatory acts of the world’s leading nations, which, as authoritative ones, allow to outline characteristics of any entrepreneurial form of franchising.
Keywords:
franchise package, franchising agreement, franchiser, franchisee, franchising, franchising enterprise, lisence, small business, concept, content
Reference:
Lapina M. A. , Lokhmanov D. V..
On the Issue of Subjects and Sources
of Administrative Jurisdiction in the Financial Sector
// Financial Law and Management.
2014. № 3.
P. 131-139.
DOI: 10.7256/2454-0765.2014.3.65836 URL: https://en.nbpublish.com/library_read_article.php?id=65836
Abstract:
One of the urgent problems of administrative law in the financial sector is chaotic and not
coordinated adoption of legal acts (sources) governing administrative and jurisdictional activity of
executive bodies in the area of finance, taxes and fees as well as the securities market. The present
article analyzes the regulatory legal acts that govern administrative and jurisdictional activities of
specially authorized federal executive bodies and the Bank of Russia in the financial sector. The main
research method is a systematic analysis based on the consideration of the procedural rules set out
in administrative, fiscal, budgetary and banking law, in relation to the substantive law. These procedural
rules fix the occurrence of disputes (conflicts) or offenses in the area of finance, taxes and fees
or the securities market. Based on the analysis of subjects and sources of administrative jurisdiction
in the area of finance, taxes and fees as well as the securities market, the author substantiates the need
to separate spheres and areas of responsibility for each industry-wide law individually, remove the
executive authorities from the sphere of their jurisdictional activity of and enshrine the above mentioned
activities of state bodies in the administrative law.
Keywords:
legal source, legal subject, administrative jurisdiction, financial sphere, administrative procedure, subjects of the administrative and jurisdictional activities, administrative proceedings, administrative and jurisdictional activities, sources of administrative and jurisdictional activities, efficiency of the administrative and jurisdictional activities.
Reference:
Galuzo V. N..
Customs Duties as an Institution of the Legal Industry of the Russian Federation
// Financial Law and Management.
2014. № 3.
P. 140-143.
DOI: 10.7256/2454-0765.2014.3.65837 URL: https://en.nbpublish.com/library_read_article.php?id=65837
Abstract:
The article considers customs duties as a complex legal institution of the customs law. The
research reveals the regularities associated with customs duties. It notes that customs duties are covered
by one of the functions of the customs authorities, more specifically, by the function providing
customs and tariff regulation of foreign trade. Also, it proposes a systematized arrangement of general
provisions on customs duties and determines the share of customs payments in the federal budget
of the Russian Federation for two years (2007 and 2012). The research methods — comparative
legal and statistical– allowed to formulate conclusions as follows: customs duties are a complex legal
institution of the customs law rather than of other integrated branches of law (financial, tax, budget,
etc.); customs payments must be regarded as the customs operations which are carried out by payment
of import customs duty; export customs duty; value added tax levied on goods imported into
the customs territory of the Customs Union; excise duty levied on goods imported into the customs
territory of the Customs Union; customs fees. The trend towards a significant increase in the share of income from foreign trade (customs duties) to the federal budget of the Russian Federation merely
confirms the absence of progressive development of the Russian economy.
Keywords:
Russian Federation, customs duties, federal budget, customs law, tax law, financial law, budgetary law, budget revenues, foreign economic activities.
Reference:
Gorbunova O.N..
The role of Financial Law norms
in regulating state and society
// Financial Law and Management.
2014. № 2.
P. 41-53.
DOI: 10.7256/2454-0765.2014.2.65609 URL: https://en.nbpublish.com/library_read_article.php?id=65609
Abstract:
As the author demonstrates, the best way to govern a country with market economy is to govern
money, and that is only possible with the aid of Financial Law norms. Consequently, it is necessary to
conduct research of the structure, the classifications and the functions of Financial Law norms. Another
question that stands before modern academia is that of the interaction between Financial Law norms
and norms of other legal branches (Constitutional, Administrative, Civil, etc.). The study of definition,
meaning and goals set before Financial Law norms, as well as their place in Russia’s legal system
must be based on the examination of direct links and feedback loops in state administration, which,
to this day, has not been receiving enough attention on behalf of today’s legal science. The research is
conducted upon the basis of general scientific method of dialectic study, the logical methods (analysis,
synthesis, deduction, induction), the method of comparative Law, historical and other specific science
methods. Based on the performed analysis of the nature, classifications and functions of Financial Law
norms, the author reaches a conclusion that they provide the opportunity to define legal corridors for
direct links and feedback loops for state administration. The abovementioned connections are created
by Financial Law within both, the system of finances and the system of macro- and microeconomics,
playing the part of a connecting link of interdependency in the economy, as well as social processes.
Keywords:
norms, legal norms, Financial Law norms, Financial Law, finance, financial relations, economy, administration, money, budget
Reference:
Ashmarina E.M..
Economic Law:
Problems and prospects.
I Russian inter-university academic
and practical conference «Economic Law:
theoretical and applied aspects»
(Russian Academy of Justice, January 24–25, 2014).
// Financial Law and Management.
2014. № 2.
P. 54-76.
DOI: 10.7256/2454-0765.2014.2.65610 URL: https://en.nbpublish.com/library_read_article.php?id=65610
Abstract:
This article offers a substantiation for the necessity, practicality and appropriateness of
introducing a new branch of Law into the Russian legal system — the Economic Law. In light of
this, we examine the bulk of legal norms that regulate public economy, as well as the dynamics of
internal processes of this sphere of Law (institutes, sub-branches, comprehensive sections of Law)
that reflect current trends for transformations that occur on both, national and supranational levels of
the economy. The author used general scientific methods (comparison, analysis, synthesis, abstraction,
generalization) and specific science methods, such as formal and dogmatic, comparative Law
analysis, etc. A theoretic individualization of the economic law as a separate branch is a potentially
innovative approach to Law. The mission of the new branch of legal science (the economic Law)
would be the systemic analysis for the optimization of the legal regulation of economic processes as
they develop, in order to prevent negative trends.
Keywords:
Economy, legal system, economic law, economic policy, international economic law, financial law, economic disputes, subject of economic Law, method of economic Law, system of economic Law.
Reference:
Khimicheva, N.I..
Principles of modern russian financial law
as fundamental bases
of budget law regulation
// Financial Law and Management.
2013. № 2.
P. 68-76.
DOI: 10.7256/2454-0765.2013.2.63326 URL: https://en.nbpublish.com/library_read_article.php?id=63326
Abstract:
this article concerns the principles of Russian financial law. The author shows their interrelation
and their value within the framework of budget law regulation. One may single out the following
fundamentals of the branch of financial law: 1) public interests priority; 2) social directionality of
financial legal regulation; 3) federalism; 4) unity of financial policy and currency system; 5) equality
of the constituent subjects of the Russian Federation; 6) independency of the financial activities of the
municipal bodies; 7) separation of legislative (representative) and executive branches of government;
8) participation of the citizens of the Russian Federation in the financial activities of the state and
municipal bodies; 9) publicity; 10) planned character; 11) lawfulness; 12) economic stimulation. Much
attention is paid to the new principle of “economic stimulation”, which was not properly discussed in the scholarly writings before. The author bases her studies upon the Russian legislation and scientific
works of the legal scholars in the sphere of financial law. She offers to amend the federal legislation in
order to include provisions on these fundamentals.
Keywords:
principles of financial law, fundamentals, budget law regulation, separation of powers principle, equality principle, federalism principles; openness principle; planning principle; lawfulness principle; economic stimul
Reference:
Lukashev, A.A..
Sub-disiplinary nature
of financial legal norms on budget relations
// Financial Law and Management.
2013. № 2.
P. 77-101.
DOI: 10.7256/2454-0765.2013.2.63327 URL: https://en.nbpublish.com/library_read_article.php?id=63327
Abstract:
the article concerns budget law norms. The author distinguishes financial legal norms
and financial legislation, based upon the criteria such as primary element, volume, correlation.
The author discusses views of various scholars regarding the structure of financial law system,
its branches and sub-branches, using uniformity as a distinguishing criterion. The complex
legal institutions are divided into the interdisciplinary functional complex institutions, and
interdisciplinary bordering institutes. In the opinion of the author, one may prove complex character
of law or legal institutions by uniting objects of its regulation and influencing these objects by
united methods. The complex character is divided by the author into the complex character at the
verge of financial legal institutions or sub-disciplines, and the complex character of legislation,
which may be found when comparing the institutions or sub-branches of norms of law (at the verge
of elements of financial legislation or at the verge of legislation in various disciplines). Finally, the
author draws a conclusion that the financial law includes two sub-branches: budget law and tax law.
Keywords:
sub-branch of tax law, sub-branch of budget law, complex character of legislation, complex character of a branch; inter-disciplinary institution, institution of financial law, subbranch of financial law, budget law, tax law, structure of financial law.
Reference:
Razgildieva, M.B..
Theoretical problems
of budget law responsibility
// Financial Law and Management.
2013. № 2.
P. 102-118.
DOI: 10.7256/2454-0765.2013.2.63328 URL: https://en.nbpublish.com/library_read_article.php?id=63328
Abstract:
this article is devoted to the problems of budget law responsibility. The author singles out the
following problems: current overbroad interpretation of budget responsibility, formation of theoretical
construction without the bases formally provided by law and an unsolved problem of the need for
budget law responsibility. The author makes a conclusion that the legislator abandoned the model for
the formation of consequences of unlawful behavior in budget sphere not only within the framework
of legal responsibility construction, but also due to lack of legal regulation concept in this sphere.
The author points out that currently there are no grounds for singling out the institution of budget law
responsibility within the system of budget law enforcement, however, she raises the issue of such an
institution possibly appearing. There are various contradictions between budget and administrative
legislation in the sphere of budget law responsibility, and the author offers to eliminate them.
Keywords:
budget law responsibility, budget law coercion, budget offence, financial control, budget law relations, administrative responsibility, legal responsibility, budget code, budget legislation, the Administrative Offences Code of the Russian Federation.
Reference:
Ershova, I.V..
Accounting in the condition of the membership
of the Russian Federation in the WTO and in
the Customs Union.
// Financial Law and Management.
2013. № 1.
P. 24-35.
DOI: 10.7256/2454-0765.2013.1.63266 URL: https://en.nbpublish.com/library_read_article.php?id=63266
Abstract:
The article contains analysis of the basic
accounting regulation in the conditions of economic
integration. Based upon the analysis of the
treaties within the frameworks of the WTO and the Customs Union, the author draws a conclusion
that development of legal regulation in the
sphere of accounting is based upon the principle
of harmonization. It is shown that the general
domestic principles of accounting should apply
to the accounting issues for the WTO an the
Customs Union Member States. The author offers
to amend to the Federal Law On Accounting with
the definition of general principles of accounting
including systemic provisions on these principles
in a special chapter of this Law. Attention is paid
to the revival of the term “economic subject”
and economic and legal character of the accounting
objects. The author points out the tendency
for the standardization of state regulation in the
economic and legal spheres of accounting. The
article presents a system of non-state regulation
of accounting, and it contains a conclusion on
the need for self-regulation in this sphere. Based
upon the analysis of the legislation of the Customs
Union Member States (the Russian Federation, the
Republic of Kazakhstan, the Republic of Belarus)
the author makes a conclusion that the accounting
rules are generally harmonized, and they allow for
activities within the integration framework. The
author expresses an opinion that the trans-border
character of the accounting presupposes the need
to form unified requirements to the accounting
profession and formation of an attestation system.
Keywords:
accounting, the Customs Union, the World Trade Organization, accounting, international standards, economic subjects, auditing, the accounting registers, consolidated accounting reporting, chief accountant.