Academic journal article Asian Social Science

The Problematic Aspects of Financial Legislation in the Area of Regulating Inter-Budget Relations-Namely the Discontinuation (Curtailment) of Granting Inter-Budget Transfers (with the Exception of Subventions) to Local Budgets by RF Constituents' Finance Bodies

Academic journal article Asian Social Science

The Problematic Aspects of Financial Legislation in the Area of Regulating Inter-Budget Relations-Namely the Discontinuation (Curtailment) of Granting Inter-Budget Transfers (with the Exception of Subventions) to Local Budgets by RF Constituents' Finance Bodies

Article excerpt

Abstract

In present-day reality, inter-budget relations cannot be considered perfect, for issues related to the discontinuation (curtailment) of inter-budget transfers have not been given due attention in federal legislation. Powers to regulate and apply these measures are vested in finance bodies. Articles 130 and 136 of the Budget Code of the Russian Federation establish terms and conditions for the obtaining of inter-budget transfers by RF constituents and municipal formations, failure to comply with which can result in that both the Ministry of Finance of the Russian Federation and the finance bodies of its constituents may, in a manner prescribed by them, order that granting inter-budget transfers be discontinued (curtailed). Such classic aspects of the issue as the procedure for bringing one to justice and ways to protect the rights of public entities are yet to be brought to a legislative resolution; the array of issues is quite broad and capacious. With this in mind, in this article the author looks into issues in regulating inter-budget relations-more specifically, in the area of discontinuation (curtailment) of granting inter-budget transfers (with the exception of subventions) to local budgets by RF constituents' finance bodies. This aspect is of special significance, considering the social significance of this type of budgetary relations.

Keywords: inter-budget relations, transfers, discontinuation, RF constituents, municipal formations, qualification of enforcement measures

1. Introduction

The Concept of Inter-Budget Relations and Organization of the Budgetary Process in Constituents of the Russian Federation and Municipal Formations through to 2013 states that at the present time there has been achieved a high level of transparency and predictability of inter-budget relations at the federal level (Edict of the Government of the RF # 1123-p of August 08, 2009). While we acknowledge the substantial positive results of work carried out by the federal bodies of state power, which helped preserve the stability of the national budgetary system amid the global economic downturn, we should note that the existing system of inter-budget relations in RF constituents needs deeper transformation. The augmentation of processes of differentiation between regions and municipal formations on social and economic development indicators, the carrying out of local self-government reform, and the complication of methods for government regulation of the economy both across the country and within specific regions provide a rationale for the objective need to further enhance inter-budget relations, above all, at the level of regions and municipal formations.

In addition to issues in the methodological support of inter-budget relations, there is topicality with issues related to the normative consolidation of corresponding concepts at the federal level and their common understanding by economist theorists and practicians. Note that it has been pointed out more than once that many elements of the conceptual apparatus of inter-budget relations do not match the sense experts employing these concepts put into them, which, in turn, aggravates inter-budget relations in the area of discontinuation (curtailment) of granting inter-budget transfers (with the exception of subventions) to local budgets by RF constituents' finance bodies.

2. Methods

All budgets that make up the national budgetary system are interrelated within the frame of inter-budget relations. As a result of such interaction, there emerge relations concerning the distribution and redistribution of cash fund monies within the budgetary system between the Russian Federation, its constituents, and municipal formations, represented by corresponding bodies, which are given special consideration in the RF Budget Code.

Raising the responsibility of RF constituents and municipal formations for realizing their powers is an indispensable part of state governance reform in the Russian Federation. …

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