German N. SKLYAROVInstitute of Legislation and Comparative Law under Government of Russian Federation (ILCL), Moscow, Russian Federation german7878german@mail.ru ORCID id: not available
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.
Keywords: damage, public law entity, internal State (municipal) financial control, fiscal revenue, budgetary system
References:
Bychkov S.S. [Improving the legislation in the field of internal State (municipal) financial control]. Byudzhet = Budget, 2018, no. 3, pp. 42–45. (In Russ.)
Kiseleva A.V., Tret'yakova O.V. [Approaches to determining the materiality threshold of damages caused to public-law entities]. Aktual'nye problemy i perspektivy razvitiya ekonomiki: rossiiskii i zarubezhnyi opyt, 2018, no. 19, pp. 69–72. (In Russ.)
Kremneva E.V. [Advanced topics of ensuring of compensation of the damage caused to public legal entities by the prosecutor]. Vestnik Universiteta prokuratury Rossiiskoi Federatsii, 2019, no. 6, pp. 69–75. URL: Link (In Russ.)
Absolyamov R.G. [The practice of compensation for damage according to prescriptive orders]. Finkontrol', 2018, no. 1, pp. 22–28. (In Russ.) URL: Link
Kuzbagarov A.N., Malysheva N.A. ["Indemnification for damage": A reasonable necessity or a mistake of the legislator?]. Vestnik Tverskogo gosudarstvennogo universiteta. Seriya: Pravo = Herald of TvSU: Law, 2020, no. 3, pp. 84–91. URL: Link (In Russ.)
Shichanin M.A. [To the issue of final documents of financial control activities]. Ustoichivoe razvitie nauki i obrazovaniya = Sustainable Development of Science and Education, 2018, no. 12, pp. 39–44. (In Russ.)
Shevtsov A.A. [On the issue of orders and petitions of external State financial control bodies]. Innovatsii. Nauka. Obrazovanie, 2020, no. 15, pp. 580–588. (In Russ.) URL: Link
Khabibullina V.R. [Orders and petitions: We direct and control]. Finkontrol', 2019, no. 1, pp. 66–67. (In Russ.) URL: Link
L'vova I.G., Burnysheva L.V. [Damage to public legal institutions as a category of financial law]. Sibirskoe yuridicheskoe obozrenie = Siberian Law Review, 2020, no. 1, pp. 110–115. URL: Link (In Russ.)
Vorontsov O.G. [Damage to a public territorial entity: Theoretical and qualification issues]. Finansovoe parvo = Financial Law, 2018, no. 6, pp. 36–42. URL: Link (In Russ.)
