Reference:
Trofimova G.A..
Temporary fiscal administration
as an institute: problems of implementation
// Financial Law and Management.
2014. ¹ 2.
P. 4-11.
DOI: 10.7256/2454-0765.2014.2.65605 URL: https://en.nbpublish.com/library_read_article.php?id=65605
Abstract:
The introduction of the temporary fiscal administration, from legislator’s standpoint,
appears as an efficient mechanism for restoring the paying capacity of a Russian Federal subject,
or municipality. However, as practice shows, those legal norms don’t see much use. With this in
mind, the author of the article attempts to pinpoint the reasons for ignoring these norms of this
institute of fiscal, budget and constitutional Law. For this purpose the author scrutinizes the major
elements of financial intervention, including the definition of temporary fiscal administration, the
grounds and goals for putting it into effect, its powers, the terms of how they are used, and the
actions take. The author performed a doctrinal analysis of legal provisions that regulate temporary
fiscal administration, studied the legal nature of this institute, uncovered its flaws and offered
potential ways to eliminate them. As an example, the author came to conclusions that, being a
Constitutional Law institute, temporary fiscal administration is not feasible to use in situations
involving fines and penalties in inter-budget relations; additionally, the author believes that it is
unacceptable to place the responsibility of certain actors — public bodies or officials that make
fiscal decisions, upon the population of the Federal subject, or municipality. From the materialist
dialectics point of view, this work employed general scientific and specific science methods
of research — logic, formal Law, system approaches. This work will be useful in the prospects
of studying the problems of temporary fiscal administration usage, for optimizing the existing
legislation in order to eliminate the main flaws of this institute of Law. In particular, the lack of
legal consequences for the actors, whose actions resulted in the Federal subject’s, or municipality’s
debt, as well as replacing state bodies with independent experts, or expert boards, for temporary
fiscal administration.
Keywords:
temporary fiscal administration, financial responsibility, constitutional Law responsibility, fiscal responsibility, budget responsibility, executive branch responsibility, guiltless responsibility, public authority responsibility, paying capacity recovery, temporary exercise of powers, population responsibility