On administrative responsibility of recipients of inter-budget transfers for violating the procedure and (or) terms of provision (expenditure) of inter-budget transfers
Subject. The article discusses administrative responsibility of recipients of inter-budget transfers (their officials) for violating the procedure and (or) conditions for provision (spending) of inter-budget transfers, including an attempt to determine the time of occurrence of the offense for which it is possible to bring to administrative responsibility. Objectives. The aim is to identify problems in the field of administrative and financial legislation that complicate the classification of violations of the procedure and (or) conditions for the provision (spending) of inter-budget transfers. Methods. The study draws on general scientific methods, like analysis, synthesis, induction and deduction, as well as formal logic and comparative law methods. Results. The findings include the following: 1) the current legislation does not define the moment, after which an inter-budget transfer is considered as granted; 2) in some cases, laws and regulations directly establish the time, from which the provision of inter-budget transfer is considered completed; 3) if there is no such an indication in a regulatory legal act, presumably, the inter-budget transfer is considered as provided when the funds entered the single account of the budget of a public law entity; 4) violations of the procedure and (or) conditions for the provision of inter-budget transfers are possible even before the actual provision of such transfers. Conclusions. The current version of Part 3 of Article 15.15.3 of the Code of the Russian Federation on Administrative Offenses requires clarification as to the wording of the subject that committed an offense.
Keywords: inter-budget transfer, provision of inter-budget transfer, recipient, administrative responsibility
References:
Ryabova E.V. [Public financial control: Searching of nature]. Pravo. Zhurnal Vysshei shkoly ekonomiki, 2019, no. 2, pp. 103–123. (In Russ.) URL: Link
Ginzburg Yu.V. [Budget laws and new approaches to management of local finance]. Munitsipal'naya sluzhba: pravovye voprosy = Municipal Service: Legal Issues, 2019, no. 4, pp. 11–14. (In Russ.)
Polyakova S.A. [On the classification of financial offenses]. Aktual'nye problemy gumanitarnykh i estestvennykh nauk = Actual Problems of Humanities and Natural Sciences, 2014, no. 3-2, pp. 120–126. URL: Link (In Russ.)
Lakhtina T.A., Fadeeva I.V. [Budgetary coercive measures and administrative liability for offenses in the budgetary sphere]. Vestnik ekonomicheskoi bezopasnosti = Bulletin of Economic Security, 2017, no. 4, pp. 204–208. URL: Link (In Russ.)
Kazimirov A.D. [Application of legal liability measures in relation to objects of control by the Federal Treasury bodies of the Russian Federation]. StudNet, 2020, vol. 3, no. 9, pp. 1075–1085. URL: Link (In Russ.)
Bondar' E.O., Izutina S.V. [Some problems of correlation between administrative and budget responsibility for misuse of public funds]. Sovremennoe pravo = Modern Law, 2014, no. 12, pp. 55–59. (In Russ.)
Zakharova A.S. [The balance between financial and administrative offenses]. Molodoi uchenyi = Young Scientist, 2019, no. 47, pp. 286–289. URL: Link (In Russ.)
Alekseeva E.S. [Problems of responsibility enforcement for the violation of budgetary laws]. Lex Russica, 2017, no. 11, pp. 58–66. URL: Link (In Russ.)
Musaeva G.M., Zagidiev A.M. [Administrative punishment: Concept and objectives]. Vestnik Dagestanskogo gosudarstvennogo universiteta. Seriya 3:Obshchestvennye nauki = Bulletin of Dagestan State University. Series 3: Social Sciences, 2018, vol. 33, no. 2, pp. 97–104. URL: Link (In Russ.)
Fadeeva I.V., Mozgolov P.N. [Scientific assessment of the legal status of the subject of an administrative offense]. Nauchnyi zhurnal = Scientific Journal, 2016, no. 8, pp. 51–53. URL: Link (In Russ.)
