Public and private finance. Structure of public finances Concept and structure of public finances

Finance -

State (public) finance – relationships that arise during the formation of centralized state. cash funds (budgetary and extra-budgetary funds). The distribution of revenue by a business entity through the payment of taxes, fees and other obligatory payments (the movement of funds from the enterprise to the state) refers to financial activities state, which is aimed at mobilizing monetary resources into centralized monetary funds.

The formation of monetary funds of the enterprise itself (accumulation and consumption funds) relates to the financial activities of a specific business entity. These funds are decentralized funds and belong to private finance. ( Private finance - relationships that arise during the formation of decentralized funds (finance of enterprises, organizations, institutions of different forms of ownership.)

The main differences between public and private finance are as follows:

1) to provide itself with funds, the state uses coercion and does not use this method to distribute expenses. In the sphere of private finance, the owner is free to receive income, but is limited in its use.

2) public finance ensures the implementation of the interests of the state and society as a whole. Private finance serves to accumulate the owner's income.

3) finance is expressed in money, the issue of which is carried out by the state itself. The owner of private finance does not issue money and does not influence it.

Finance functions:

1) Distribution – manifests itself in the formation of finance in the process of material production, as well as in the distribution and redistribution of national income.

2) Test – manifests itself in the use of finance as a tool for controlling the finances of the economy.

Question 2. Financial activity (FA) of the state, its goals and objectives. Subjects of FD state.

The main purpose of FD – provision of financing, implementation of functions assigned to the state (political, economic, social, defense)

FD state - this was accomplished. competent state bodies of activities for the systematic mobilization, distribution and use of centralized and decentralized government funds. funds necessary to perform the tasks and functions of the state.

FD tasks:

1. Systematic mobilization, distribution and use of money. funds

2. economical production stimulation

3. control over the appropriate use of state funds. funds

FD functions:

1. mobilization of money. Wed

2. distribution of money. Wed

3. use of money. Wed

4. control over the movement of money. Wed

5. money issue

FD subjects:

1. bodies of general competence (President, Parliament, Council of Ministers, etc.)

2. specialized bodies (Ministry of Finance, NBRB, Ministry of Taxes and Duties, Securities Committee, etc.)

President exercises its powers by adopting decrees, decrees, and signing laws.

Parliament approves the republican budget, a report on its execution, establishes republican taxes and fees.

Government develops and submits to the President for submission to Parliament a draft republican budget and a report on its implementation, ensures the implementation of a unified economic, financial, credit and monetary policy.

Ministries, state committees, republic. state bodies management carry out FD in connection with the performance of their main tasks and functions.

Insurance organizations. Fear rep. is a relationship to protect the property interests of subjects of civil law upon the occurrence of certain events at the expense of money. funds formed by insurers from paid insurance premiums.

Citizens of the Republic of Belarus, foreigners. citizens and stateless persons (individuals) participate in the formation of centralized state funds by paying taxes and fees (duties when crossing the border).

Question 3. Principles, methods and forms of financial implementation. d-ti.

Fin. activities are based on principles (basic principles):

1)hlegality(strict compliance with the current financial law by all participants in financial activities);

2)separation of powers(each branch of government has its own sphere of financial activity);

3)combinations of objectively necessary financial centralized with independent local authorities management and self-management in the field of finance. activities;

4)publicity(regulatory acts of state bodies are published, brought to public attention);

5)planning ( based on fin. activities of the state are based on financial planning acts);

6)unity, coherence, inequality of the parties.

M Methods:

Mobility stage

1. obligatory payments (taxes, duties, fines, sanctions);

2. good. payments (deposits, purchase of securities).

Distribution stage

1. financing;

2. credits.

Finnish forms activities(external manifestation of the phenomenon):

Legal (representative) - publication of normative legal acts;

Non-legal (executive and administrative).

Question 4. Financial system Republic of Belarus, its composition. Constitutional foundations of the financial system of the Republic of Belarus.

System– a set of interconnected and interacting elements and links.

Financial system- is a set of separate but interconnected spheres and links of financial relations associated with the financial activities of the state.

Spheres of homogeneous financial relations interconnected by forms and methods of accumulation and distribution of funds are called financial institutions.

Financial system of the Republic of Belarus, as a legal category, is a set of financial institutions, as groups of homogeneous financial relations and financial bodies engaged in financial activities.

A set of financial institutions;

A set of financial authorities.

The financial system of the Republic of Belarus consists of:

Budget;

Off-budget funds;

Finance of enterprises and industries;

Loan;

Insurance funds.

The Constitution of the Republic of Belarus contains the concept of “financial - credit system Republic of Belarus"

The Constitution of the Republic of Belarus has the highest legal force. Laws, decrees, decrees and other legal acts of state bodies are issued on the basis and in accordance with the Constitution of the Republic of Belarus.

The financial and credit system in the Constitution is dedicated to Section VII (Articles 132-136). In accordance with Art. 132 financial and credit system of the Republic of Belarus includes budgetary, banking system as well as financial resources of extra-budgetary funds, enterprises, institutions, organizations and citizens.

A unified budgetary, financial, tax, monetary and exchange rate policy is being implemented on the territory of the Republic of Belarus.

In Art. 134 of the Constitution states that the procedure for drawing up, approving and executing budgets and state extra-budgetary funds is determined by law.

In accordance with Art. 56 of the Constitution, citizens of the Republic of Belarus are obliged to take part in financing government expenditures by paying state fees. taxes, duties and other payments.

Question 19. Budget structure in the Republic of Belarus. Budget system and principles of its construction.

Budget device - organization and principles of constructing the budget system, its structure, the relationship between individual links, as well as the conditionality of the construction.

The budget structure is the internal structure of state budgets.

In accordance with the budget code budget system of the Republic of Belarus- This regulated by law the totality of the republican budget and the local budget of the Republic of Belarus, based on economic relations and the state structure of the Republic of Belarus. It has a constitutional basis in Art. 133, which indicates that the budget system of the Republic of Belarus includes republican and local budgets.

This provision of Article 6 of the BC “Structure of the budget system” is specified: Local budgets are divided into: 1) Primary level budgets (rural, town, city); 2) Basic level budgets (district, city); 3) Regional level budgets (regional, budget of the city of Minsk).

Republican budget – provides funding for activities and programs of national importance.

Local budgets- provides financing for economic, social, cultural and other events carried out in the interests of this administrative-territorial unit.

The budget structure, and in particular the construction of such a budget system, is determined by its state structure.

RB – a unitary state, the territory of which is divided into regions, districts and other administrative-territorial units.

Budget system- based on economic relations and legal norms, a set of budgetary states.

Principles of the budget system:

1) The principle of unity– the unity of the budget system is ensured by the unity of documentation, the regulatory framework, the monetary system, a unified procedure for executing the budget and maintaining accounting records.

2) Completeness of reflection of budget income and expenses - all income and expenses reflected in the legislation are subject to inclusion in the budget in full.

3) Balance - all budget expenditures must correspond to total income and budget deficit, plus minimizing the deficit during its planning.

4) Glasnost- openness to society at all stages of the budget process.

5) The principle of budget independence– budgets of all levels have sources of income, sources of financing the budget deficit; have the right to independently determine the direction of expenses; prepare, review and execute the budget.

6) Efficient use of budget funds- participants in the budget process must proceed from the need to achieve the maximum result using a certain budget amount of funds or achieve set goals using a minimum amount of budget funds.

7) General coverage of budget expenditures – all expenses are covered by budget revenues plus sources of deficit financing.

8) Credibility– budget formation based on reasonable forecast indicators

Question 21. Budget deficit and surplus. Sequestration and budget blocking. Protected budget items. Budgetary regulation and methods.

Shortage- This is the excess of expenses over income.

Surplus- the excess of income over expenses.

Approval of a budget with a deficit is permitted if there are justified sources of financing the budget deficit.

Sources of financing of the republican budget:

1. Government loans, except for guarantees of the Government of the Republic of Belarus

2. Funds from transactions with property owned by the republic, except for funds from transactions with property that are income and expenses of the republican budget in accordance with budget legislation

3. Changes in balances in accounts for accounting for funds of the republican budget

4. Other sources, in accordance with budget legislation

If, during budget execution, the budget deficit limit is exceeded or revenue receipts decrease by more than 10% of the planned level, then sequestration is applied (a proportional reduction in expenses for all budget items except protected ones) and budget blocking (carried out in relation to individual budget items).

If there is a deficit, finance first protected budget items:

· salary

transfers to the population

· food

· medicines

% on public debt

· repayment of public debt, etc.

Budget regulation– redistribution of budget resources between higher and lower budgets to achieve balance.

Methods of budget regulation:

* fixed income (income that is fixed in the budget);

* regulating revenues (budget revenues distributed between higher and lower budgets for budget regulation);

* budget loan (budgetary funds provided to legal entities that are residents of the Republic of Belarus, individual entrepreneurs on an irrevocable and free basis for the implementation of certain targeted expenses);

* budget loan (budgetary funds provided from a higher budget to a lower one, and that from the republican budget to the budget of the state extra-budgetary fund or from the budget of the state extra-budgetary fund to the republican budget on a repayable basis);

* subsidies (interbudgetary transfer provided from a higher budget to a lower budget in conditions where own and regulatory revenues are not enough to balance the lower budget);

* subsidies (budget transfer provided to an organization or an individual on the terms of participation in financing for the production and sale of goods, works, services)

* subventions (interbudgetary transfer provided to another budget for the implementation of certain targeted expenses);

* transfer (transfer of budget funds on an irrevocable and free basis);

* sequester.

By place of accumulation

Centralized

Decentralized

2. By mobilization methods:

Taxes (Article 600 of the Tax Code) are mandatory cash payments established by law that are levied into the budget from organizations and citizens

Taxes include: VAT, excise tax, income tax, profit tax, real estate tax, environmental tax, single tax, as well as fees and duties (tax payments)

Non-tax payments – do not have the characteristics of tax payments

3. By socio-economic basis:

Income from government farms - are formed as a result of production activities of the state. enterprises, use of state property, privatization of state. property, leasing to the state. property; profit National bank, as well as income from foreign economic activities.

Income from private enterprises and individuals. persons – taxes, fees, duties

Administrative payments: fines, financial sanctions, penalties, etc.

Borrowed funds of the state: external and internal state. loans

Question 40. Special tax regimes. Single tax for producers of agricultural products, single tax for individual entrepreneurs and other individuals, implementation. Sales of goods. Simplified taxation system for small businesses.

Special tax regime- special The procedure for calculating and paying taxes and fees, applied in the manner and in the case established. Tax Code (cash code) and the President.

This mode will be used for the next step. Payer categories:

Tax under simplified taxation system.

Unit tax individual entrepreneur etc. Individuals

Tax for agricultural producers

Gambling tax

Tax on income from lottery activities

Cash on income from electrical interactive games

Collection for the implementation of craft activities

Fee for the implementation of activities to provide agroecotourism services

Tax collection methods:

Replacing the installation List of taxes and special fees. Cash payments (gambling, lottery)

Providing a set of benefits in the form of obligations to calculate them or reduced cash rates (in SEZ)

Full exemption from NSP (Collegium of Advocates)

Payers under the simplified tax system:

Organizations and individual entrepreneurs that switched to such a system in the order established by the contract

Organizations with up to 100 employees.

Individual entrepreneur, size of gross revenue cat. Up to 2861250 rub.

Payment of taxes and fees is replaced by contributions to the budget.

Does not have the right to apply simplified taxation:

Organizations and individual entrepreneurs that produce excisable goods, sell and produce products from precious metals. and stones.

Organizations in the gambling business

Lottery activities

Tourist activities

Conducting interactive games

Hi-Tech Park

The Tax Code determines the procedure for transition to simplified. Tax.Object.tax.implementation of undertaking.activity.

State duty

The legal regulation of the collection of state duties is carried out by Ch. NK.

Payers state duty are organizations and individuals who perform legal actions in their own interests and receive documents with legal force in special institutions that have the authority to do so.

State duty is charged:

· from statements of claim, statements and complaints filed in courts, from cassation and supervisory complaints to court decisions, as well as for the issuance by courts of copies of documents;

· from supervisory complaints against court decisions submitted to the prosecutor's office, as well as for the issuance of copies of documents by the prosecutor's office;

· from claims filed in economic courts, as well as from applications and complaints about the review of decisions of economic courts;

· for notarial acts performed by notaries and relevant officials of local executive and administrative bodies, as well as for the issuance of duplicates of notarized documents;

· for registration of acts of civil status and for issuing repeated registration certificates to citizens, as well as for issuing certificates in connection with changes in civil status records;

· for the preparation of documents for the right to leave the Republic of Belarus and enter the Republic of Belarus;

· for registration of citizens;

· for granting the right to hunt, etc.

Rates state duties are established by the Council of Ministers of the Republic of Belarus

Released from paying state fees in judicial institutions:

Plaintiffs - in claims for alimony;

Plaintiffs - in claims for compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner;

Prosecutor's offices, state and public bodies, organizations and citizens who, in cases provided for by current legislation, filed applications to the court in defense of the rights and interests of other organizations and individuals, etc.

Service tax

Payers Service tax applies to organizations and individual entrepreneurs.

Object taxation, service tax recognizes the provision of services by payers:

1.1. markets, fairs, exhibitions and sales;

1.2. hotels (campsites, motels);

1.3. restaurants (bars, cafes);

1.4. discos, billiards, bowling clubs;

1.5. hairdressing salons (beauty salons), solariums, cosmetic services;

1.6. With real estate;

1.7. cellular mobile telecommunications subscribers;

1.8. cable television;

1.9. for maintenance and repair of vehicles for individuals;

1.10. tourist

Tax base Service tax is defined as revenue from the sale of services excluding service tax.

Rates service tax is set at an amount not exceeding 5 percent.

Dog ownership tax

From January 1, 2010, the list of local taxes and fees, determined by Art. 9 of the Tax Code has been replenished with a new tax - a tax for owning dogs. In 2009, the ownership of dogs and (or) their use in business activities was one of the objects of taxation through user fees (subclause 1.4 of Article 7 of the Law). Payers were organizations and individuals. Tax payers for dog ownership are individuals (Article 269 of the Tax Code), therefore, legal entities do not have to pay this tax from January 1, 2010.

Levy for development of territories

Since January 1, 2010, the list of local taxes and fees, defined in Article 9 of the Tax Code, has been supplemented with a new fee - a fee for the development of territories, which was introduced instead of targeted fees and has much in common with them. Thus, payers of fees for the development of territories (as previously, targeted fees) are organizations and individual entrepreneurs (Article 273 of the Tax Code). The object of taxation is the implementation of entrepreneurial activities on the territory of the relevant administrative-territorial units. The tax base for organizations is determined as the amount of gross profit remaining at their disposal after taxation; for individual entrepreneurs - the amount of income remaining at their disposal after paying taxes, fees (duties), and other obligatory payments. Collection rates are set at an amount not exceeding 3 percent (Article 274 of the Tax Code)

Resort fee

Payers The resort fee applies to individuals, with the exception of persons sent for health improvement and sanatorium-resort treatment free of charge in accordance with legislative acts.

Object Taxation of the resort tax recognizes the presence of an individual in sanatorium-resort and health-improving organizations located on the territory of the relevant administrative-territorial units of the Republic of Belarus.

Tax base The resort fee is determined based on the cost of a trip to a sanatorium-resort and health-improving organization.

Rates resort fees are established depending on the type of sanatorium and health organization and cannot exceed 3 percent.

Tax period The resort fee is recognized as a calendar quarter.

Collection from suppliers

Payers organizations and individual entrepreneurs are recognized as collections from harvesters.

Object of taxation collection from harvesters recognizes the implementation of commercial procurement (purchase) wild plants(their parts), mushrooms, technical and medicinal raw materials of plant origin for the purpose of their industrial processing or sale, with the exception of their procurement, in which the payer paid a fee for secondary forest use.

Tax base collection from procurers is defined as the cost of the volume of procurement (purchase), determined on the basis of procurement (purchase) prices.

Rates fees from harvesters are set at an amount not exceeding 5 percent.

Tax period collection from procurers is recognized as a calendar quarter

45.Financial responsibility and its features. Grounds for financial responsibility. Composition and classification of tax offenses.

FO- a measure of state coercion, expressed in monetary form, applied by authorized state organizations and their officials to legal entities. and physical persons for committing offenses in the field of financial relations in order to ensure public and state financial interests.

Financial liability as a type of legal liability arose relatively recently in connection with the formation of financial law as an independent branch of law. Financial and legal responsibility is currently in its formation stage.

National legislation on financial responsibility is mentioned in Art. 10 of the Law “On the State Tax Inspectorate of the Republic of Belarus”. The Law “On taxes and fees levied on the budget of the Republic of Belarus” (Article 9) determines that tax payers bear the responsibility established by the legislation of the Republic of Belarus for the correct calculation, timely payment of taxes to the budget and compliance with current tax legislation.

The legislator established a measure of coercion, expressed in monetary form, applied by authorized state bodies and their officials to taxpayers for committing tax offenses.

Financial liability is established for violation of not only tax, but also legislation regulating budgetary relations, i.e. this type of liability has an industry-specific nature.

Features of financial and legal responsibility:

· its basis is a financial offense;

· established in financial legal norms Oh;

· entails negative consequences for the offender, usually of a property (monetary) nature.

Responsibility for taxes. delinquent has a complex character, combining the norms of different branches of law, which are aimed at protecting tax relations.

ORDER of the Ministry of Taxes and Duties of the Republic of Belarus dated 03/12/2003 N 23 “ON APPROVAL OF THE REMINDER ON THE COMPONENTS OF ADMINISTRATIVE TAX OFFENSES”

The basis for bringing to responsibility for violation of tax legislation is the commission offenses, which constitutes an unlawful, guilty act (action or inaction) resulting in non-fulfillment or improper fulfillment by the taxpayer or other obligated person of the norms of tax law, for which the legislation provides for penalties.

Signs tax offense :

1.Illegality(actions (inaction) of the subject of tax legal relations violate the norms of tax law).

2.Guilt(the tax offense was committed intentionally or through negligence).

3.A antisocial character( causes harm to the sovereign and society).

4.Punishability(provides for the application of penalties) C remaining offense- a set of elements necessary to bring a person to justice.

Order of the Ministry of Taxation No. 23, approved by Memo on the composition of adm-x, cash-x PN.

TO elements tax offenses include:

1.Object tax offense (TPO) - social relations protected by law, which are targeted by the unlawful behavior of the subject of the legal relationship.

2.Objective side NPT - direct actions (inaction) aimed at violating tax law. Includes the wrongful act itself, its subsequent cause-and-effect relationship with them.

3.Subjects of tax offenses individuals (including individual entrepreneurs) capable of having civil rights and responsibilities, as well as through one’s actions to acquire and implement them, create responsibilities for oneself and fulfill them, i.e. having legal capacity and capacity, + legal entity

4.Subjective side a tax offense is expressed in the mental attitude of the subject to illegal actions (inaction) and their consequences, which manifest themselves in the form of intent or negligence.

Intentional UPN- if the person who committed it was aware of the illegal nature of his action (inaction), foresaw its harmful consequences and desired them or consciously allowed these consequences to occur. NPN due to negligence, if the person who committed it foresaw the possibility of harmful consequences of his action or inaction, but frivolously counted on preventing them or did not foresee the possibility of such consequences, although he should have and could have foreseen them.

False bankruptcy Article 238

4.1. Submission by an individual entrepreneur or an official, founder or owner of a legal entity of knowingly false documents for the purpose of declaring oneself bankrupt (false bankruptcy) is punishable by a fine or deprivation of the right to hold certain positions or activities certain activities, or arrest for a term of up to six months, or restriction of freedom for a term of up to three years, or imprisonment for the same term.

Concealment of bankruptcy Article 239

Concealment by an individual entrepreneur or an official, founder or owner of a legal entity who is an insolvent debtor of his or her economic insolvency by providing information that does not correspond to reality, falsifying documents, distorting financial statements or otherwise, resulting in causing damage to creditors on a large scale, is punishable by a fine, or deprivation of the right to hold certain positions or engage in certain activities, or arrest for a term of up to six months, or restriction of freedom for a term of up to three years, or imprisonment for the same term.

Shaft. control and responsibility

Val.y control– number of organs shaft. control and agents val. control, direction to ensure compliance with regulations. and nerez. white requirements shaft. zak-va.

Basic eg shaft. control phenomena: determine the corresponding wire. shaft. oper. shaft. zak-wu; ensuring control over the movement of the shaft. and other shaft. price through customs. border of the Republic of Belarus; prevention of money laundering, received. nezak. by; checking the completeness and accuracy of accounting and reporting on the shaft. opera-m; analysis of accounting data, reports and info. oper.

Org.shaft.control in the Republic of Belarus .: Min Council. The Republic of Belarus determines the competence of the republic. bodies of state administration and other state organizations subordinate to the government, regional (Minsk city) executive committees on issues of the functions of agents of the shaft. control; performs other functions provided for. contract;

NB: actual shaft. control over perfect shaft. operations; issues special permission to conduct val.operations, communications with movement capital; exercise control over the conduct. settlements upon completion. legal persons and individual entrepreneurs external operations; setting up accounting forms and reports on the shaft. operations; definition of the procedure for banks to perform the functions of agents val. control; applies measures to banks for inappropriate execution by them of the functions of agents shaft. control;

provides KGC for the purpose of monitoring the conduct of legal. persons and individual entrepreneurs of foreign trade operations information in accordance with. with the order and form determined by the State Control Committee in accordance with the agreement. with the National Bank; performs other functions provided for. contract;

State customs RB committee: actual org-tion shaft. movement control res. and nerez. through customs. border shaft valuables; control the work of customs when they carry out general control of foreign trade. opera-th as parts of customs. control; definition according to agreement. with KGC the procedure for filling out and registering the transaction passport and stat. declarations;

performs other functions, provided contract;

State Committee control of the Republic of Belarus:implementation control over compliance order when conducting shaft. operations, incl. for export to the Republic of Belarus. shaft. production, supply of imported goods, purchase and sale and use. in. shaft.;

forms on the basis info., get. from other organs. control, as well as agents of general control, a database on issues. shaft. control;implementation control over the execution of the bodies shaft. counter. and agents of the shaft control of their functions; coordinates a number of shaft organs. control; implement other functions, provide zak-vom

Organs shaft. control within its competence has the right:carry out in install. the procedure for checking the implementation of the rez. and uncut shaft. oper., completeness and reliability. accounting and reporting on shaft. oper., and if there are grounds - close the action. valuable; exercise control over timely presentations by residents and non-residents. report on the shaft. oper-m and acc. its requirements for a valid order; to receive, in accordance with the established procedure, when conducting inspections, documents containing. info about shaft. oper-x; suspend operations on account.res. and in any case and order, established. order; apply to cutting and non-cutting. sanctions

Agents val. control of phenomena republican government bodies departments and other government organizations, subordinates rights, regional (Minsk city) executive. com., customs,

Banks: exercise control over the conduct. their cl-tami shaft. operations; perform calculations. servicing legal entities in foreign trade. agreement only after they submit a registered in the setting the order of the transaction passport; exercise control over the rights of making payments for imports in accordance with. from valid contract and representative information about receipt of money. funds from the export of goods.

Like agents shaft. control they have the right to: - exercise control over timely. presentation of reports on the shaft. operations and resp. its requirements, as well as for the corresponding transactions carried out by clients. zak-va; – receive documents, explanations, certificates and information about the implementation. shaft.oper.; – suspended oper. according to their open accounts. kl-tov for the amount of cat. No documentation about the wire is provided. oper.; – implement other

Upon admission a resident or non-resident of funds for a currency transaction are required to credit these funds to the account of this res. or unres. with notification. corresponding shaft control bodies.

Republican state bodies management– actual control over the return and execution of legal entities subordinated to them. persons, as well as individual entrepreneurs, proceeds from the export of goods (works, services); - take measures to eliminate identified violations. zak-va; – rep. info.about foreign trade activities in the manner and terms established by the contract;

Customs as agents val. control: register in the setting order of presentation passports of transactions and stat. declaration;

carry out customs clearance of goods according to external contracts for the export (import) of goods under condition. presence of a registered transaction passport; control availability at customs. declaration; within their competence, carry out checks (audits) of compliance by legal entities with the established procedure for implementation. externally, and if any violations are detected, ec. sanctions.

Responsibility

For violating the procedure. shaft. oper. angle installed, admin. and eq. answer Code of Administrative Offenses violation by an official of regulations. order of conduction shaft oper., i.e. purchase, sale, exchange of foreign shaft. carried out without special permission. entails a fine in the amount of 20 to 50 basic units, with confiscation of the items of the transaction, and according to Art. 225 of the Criminal Code of the Republic of Belarus "Non-return of foreign currency from abroad" non-returnable. from abroad by a legal official. persons in. currencies in especially kr. size subject to acc. with the law of the Republic of Belarus obligatory. I will transfer to the accounts in the unitary enterprise. Bank of the Republic of Belarus, order. a fine, or deprivation of the right to hold certain positions, or engage in certain activities. d-tew, or limited. freedom for a term of up to 4 years, or imprisonment for a term of up to three years. For unsanctioned Exceeding the deadlines for foreign trade. operations – up to 2% not

Question 1. The concept of finance, its functions, role. Public and private finance.

Finance - a set of economic relations that arise in the process of formation, distribution, use of state centralized and decentralized funds of funds, as well as funds of organizations and institutions. Based on money, monetary obligations, cash turnover.

Concept and principles of organizing public finances

Definition 1

Public finance is a system of social relations for the formation and use of funds, aimed at ensuring the implementation of public interests.

Note 1

Public finance is also called centralized.

Public finances are organized in accordance with the following principles:

• firstly, publicity and transparency. Information about the formation and use of public finances must be understandable and accessible to its users, and accessibility must be ensured through publication in the media;
• secondly, the targeted nature. The use of public finance is regulated at the legislative level, which must be strictly observed in practice. Changing the intended use of funds in emergency cases (for example, when a state enters into a military conflict) must be carried out in accordance with the procedure provided for in regulatory documents;
• thirdly, the priority of spending funds. Certain public interests that require financing are formed a list depending on the degree of priority, and the distribution of generated funds is carried out in accordance with this list. If there is a shortage of funds, some of the lower-priority expenses remain unfinanced or are financed on a residual basis (that is, in the amount of funds remaining after financing more significant areas of expenses);
• fourthly, planning. The formation and use of public funds is strictly subject to the plan formed for a three-year period;
• fifthly, unity. Public finance forms a unified system, all links of which are in a clear and legally stipulated relationship.

Composition and features of public finance

Public finance includes two groups:

• public finance, which is a system of social relations for the formation and use of funds that ensure the state performs its functions and finances its institutions and bodies;
• municipal finance, which is a system of social relations for the formation and use of funds that ensure that a municipal entity performs its functions and finances its institutions and bodies.

Public finance is characterized by the following features: firstly, it provides a system of financial indicators that characterize the financial activities of the state; secondly, their purpose is to ensure financing of such public needs that are of national importance and constitute the sphere of state interests; thirdly, their movement is determined at the legislative, that is, state, level.

State and municipal finances as components of public finance have a number of common features, in particular, both finances are a tool for implementing functional purpose bodies of state and municipal government.

In addition, the task of both types of finance is to serve not private or collective, but only public interests; Also, both finances are of a public nature.

Sources of formation of public finances

The sources of public finance are:

• receipts in the form of taxes, fees, government duties;
• income received from the use of property owned by the state or municipality;
• income received from the sale of state or municipal property;
• income provided by the issue and sale of state or municipal securities;
• proceeds from external or internal borrowings;
• income of organizations owned by state or municipal property, and so on.

Structure of public finances

As already mentioned, the public finance system includes state and municipal finances.

In turn, public finances, in accordance with the adopted federal structure, are divided into two levels:

• federal finances, including funds federal budget, funds from off-budget state funds, funds from state-owned enterprises, funds from state corporations, and so on;
• regional finances, that is, the finances of the constituent entities of the federation, including their budgets, funds of state institutions financed from regional budgets.

Municipal finances are represented by funds from municipal (local) budgets and municipal unitary enterprises.

The allocation of municipal finances, as opposed to regional finances, in separate species public finance is determined by the content of the Russian Constitution, according to which local government is excluded from the system of public administration. In this regard, local government becomes independent in organizing and using its own financial resources.

The variety of municipal self-formations provides for such types of budgets as the budgets of rural settlements, urban settlements, municipal districts and urban districts, federal cities and their individual territories, and so on.

Directions for spending public finances

The main purpose of public finance is to provide financing for public interests. In this regard, the main areas for spending public finances are: ensuring financing for the production of goods and services that meet the content of public goods, for example, defense orders; providing financial assistance to those segments of the population who are not able to provide for themselves, for example, paying benefits to people with disabilities; providing a system of compulsory social insurance, for example, in case of temporary disability.

FINANCIAL LAW

Oksana Arkadyevna Nogina

After the first session there is a test.

As for manuals, we have textbooks under. ed. Karaseva, Gracheva, etc.

Traditional textbooks - you can use them. But we do not have a completely traditional view of financial law. There is a teaching aid (it needs to be updated, but it’s still good). As for presentations, there is a nuance here: presentations are only the basic elements.

We will study budget law itself for 2 semesters, and tax law will be studied separately.

Income is not only an increase in property, but also savings. Any economic benefit is income.

There are incomes, there are expenses, and there are sources of deficit repayment (financial reserves) (what individuals call a “nest egg”).

If a deficit has formed, then funds can be raised from the financial reserve.

Until reserves are called upon, reserves should not just sit around because they become worthless. Therefore, these reserves are in investments so that they grow.

It’s better not to get into debt because of interest.

The subject of the FP is financial management (disposal by the state of material assets).

Finance is the totality of all funds at the disposal of an enterprise, the state, as well as the system of their formation, distribution and use (Latin financia - cash, income).

The term "finance" arose in the 13th-15th centuries. in the trading cities of Italy and denotes any financial payment. Later, this term began to be used as a concept associated with the system of monetary relations between the population and the state regarding the formation of centralized funds of funds.

In economic and legal literature, the concept of “finance” is considered in two aspects:

1) As a set of economic relations that arise in the process of creation, distribution and use of certain funds of funds necessary to perform the tasks and functions of the state and local governments.

2) As a set of funds of funds mobilized by the state and local government to carry out their tasks and functions.

Public and private finance.

Godme: “We must never forget the fundamental difference between public and private finance.”

The main differences between them are due to the fact that the state of private finance and the dynamics of private finance depend on the laws of a market economy.

The state and dynamics of public finances are determined by the decisions of the state and the actions of public authorities.

Indeed, at the present time, everything related to the property complex, including funds of individuals and legal entities, is regulated by civil law.

Public finance:

For the purpose of financial support for the activities of the state and the Moscow Region.

They are formed through the use of government regulations (taxes) in the course of the financial activities of government bodies.

Property of the Russian Federation, constituent entities of the Russian Federation, municipalities.

Used and distributed mainly by government agencies and government organizations.

The size of public finances is much larger.

Private finance:

Aimed at realizing private interests and making a profit.

Formed through commercial activities.

Private property.

There are a lot of tensions regarding the subject of FP. They are trying to impose public legal regulation on private finance. If we are talking about the activities of the Central Bank, then yes, here regulation by public legal mechanisms is understandable and acceptable.

FP is a branch of public law.

We should not follow the path of stretching the federal law onto private law relations.

The state has specific methods for generating financial resources; it cannot work for someone else’s uncle. In addition, the state has social functions. How can a state form financial base? Through government regulations (taxes). Yes, it is possible, as in Bahrain, with the help of non-tax revenues (oil). But in Russia this is a small share. That is why we use authoritative instructions.

Since we have relations of a property nature, we understand that the specific combination of government methods of activity on the one hand, and property relations on the other hand, leads us to distinguish the sphere of financial regulation into an independent industry.

How to distinguish GP from FP? GP is regulated by private law methods, and FP – by public law methods.

Public finance– system of organized state and municipalities monetary relations, in the process of which the formation, distribution and use of public funds of funds occurs, ensuring the implementation of the tasks and functions of public authority.

Financial system is understood as (although there is no legal definition):

A set of financial institutions, a set of different groups homogeneous economic relations, in the process of which the formation of funds of funds occurs.

Totality government bodies and institutions carrying out financial activities within their competence.

Totality public funds funds(material understanding; how we will understand the financial system).

Lectures on financial law

Public finance: concept and relationship with private finance

Finance can be public or private

The concept in three aspects:

3. Material meaning: centralized and decentralized funds of funds

Approaches to financial science: public and private (classical and neoclassical)

Distribution concept: only at the distribution stage

Reproductive concept: finances arise at all stages

Areas of monetary relations:

1. Distribution, formation and use of centralized monetary funds;

2. The same but with decentralized funds;

Centralized monetary funds:

Public budgets;

Separate funds of state corporations;

Monetary parts of government institutions;

Cash from budgetary institutions;

Cash resources of unitary enterprises;

Central Bank funds;

Cash funds of a joint-stock company with 100% participation of the Russian Federation;

Decentralized money fords:

1. Public (DIA)

2. Private

Criteria for distinguishing between public and private monetary relations:

1. By subject: public and private subject;

2. Sources of formation: mandatory payments and other methods;

3. Priority: expenses and income;

4. Purpose: ensuring public interest and ensuring another group of interests;

5. By composition: centralized monetary funds and decentralized monetary funds;

Treasury (budget funds and federal/municipal property)

Public financial activities

Concept: activities of an authorized entity, which is aimed at the formation and consolidation of funds, as well as their use for public purposes.

Subjects of activity

1. Those whose financial powers are part of their competence (President, executive authorities of general competence, legislative bodies)

2. Those that were specifically created to exercise financial powers (Ministry of Finance, Federal Tax Service, Federal Treasury, Central Bank, Federal Service for Financial Monitoring, Extra-budgetary funds, DIA, VEB, Management Fund of the Banking Sector Consolidation Fund)

Methods of public financial activity:

1. Mandatory and voluntary payments for the formation of the fund;

2. Financing method and lending method for fund distribution;

3. Method of cash and non-cash issues

Financial law has a general and a special part

Lecture 2: Concept and sources of financial law

Concept, subject and method of financial law

As a branch of law

1) Subject: social relations that develop in the process of formation, distribution and consumption of funds

2) Method: imperative + the emergence of dispositivity;

3) Branches: budget and tax law

4) Institutes:

i. state and municipal control

ii. state and municipal loan

iii. financial and legal basis of banking activities

iv. emission law

As a branch of legislation

1) Laws:

i. Industry (Codes)

ii. Other affiliation, but containing the norms of financial law (On the basics of regulation and external activities)

iii. Laws regulating the legal status of bodies

How science is a system of knowledge

2) Method: system analysis; complex analysis method; comparative legal; sociological

4. How academic discipline – systematized information about financial law, both as an industry and as a science.

Sources of financial law

Constitution of the Russian Federation

a. Freedom of movement of finances throughout the Russian Federation

b. Government loans are repaid on the basis of law and are accepted voluntarily

c. Laws establishing new taxes or worsening the situation of the taxpayer do not have retroactive effect.

d. The principles for collecting taxes and fees are established by the Federal Law

e. The stability of the ruble is the main function of the Central Bank

f. Legal regulation = financial regulation– is not true, since in this way the provisions of the Constitution are violated. The concept of financial sovereignty

(Constitution of the Legislative Assembly: there are entire chapters devoted to financial relations (Luxembourg, Sweden, Belgium)

International treaties

a. Russia's participation in International financial institutions

b. Treaties related to taxation

c. Cooperation in the financial and economic sphere, including financial control

Federal laws

a. Budget Code: budgetary powers, control, relationships

b. Tax Code

c. Part 1: general principles, structure of the tax system, basics of tax control, tax offenses

d. Part 2:-

There is no single codified act.

Budget Law

a. History of the budget law. 2004 – law on the status of military personnel. Is it possible for the norms of one law to cancel the norms of another law equal to it? The Federal Law on the Budget is cooler, since it is special in the following characteristics (in principle, it is recognized everywhere as a special law).

b. Characteristics of the budget law:

c. Subject-material features

d. The regulations concern the state's income and expenses for a certain time.

e. This law creates conditions for the implementation of legal norms

f. Does not give rise to rights and obligations that would last longer than the financial year

g. The budget law cannot repeal or amend the provisions of other laws, it can only suspend

h. Special subjects of the right of legislative initiative

i. There is a special body to control execution

Subordinate legal acts

a. Federal – Ministry of Finance, Government.

b. Subjects have laws on budgetary relations

c. Municipalities have charters and decisions.

Judicial practice

Presumptions and fictions

Legal presumptions– an assumption about the presence or absence of grounds for the emergence, change and termination of rights and obligations, aimed at achieving the goals of legal regulation. Related to the purposes of legal regulation. A lot in the Tax Code: clause 7 of Art. 3 – good faith of the taxpayer; clause 6 art. 8 – good faith of the taxpayer

Types of presumptions

1. Refutable– those in respect of which the law allows for the possibility of refutation, and which are valid until proven otherwise (clause 1 of Article 40 of the Tax Code of the Russian Federation: for tax purposes it is accepted that the price specified in the contract is considered to correspond to the level of market prices) ;

2. Irrefutable– those whose refutation is not allowed (clause 6 of Article 69 of the Tax Code of the Russian Federation: requirement to pay taxes; if by mail, then within 6 days the taxpayer will be considered to have received the notification)

Legal fictions– a technical and legal technique, the essence of which is that the non-existent is declared to exist and vice versa (in the Tax Code there are elements of taxation, after which the tax is considered established by law; but the fee can be collected. The case with individual entrepreneurs)

Financial legal relations

Peculiarities:

1. In the process of public activity

2. Power-property character - one of the participants always exercises power in relation to the subject + property as an object

3. Subject – public law

Subjects of financial law

I. Public territorial entities (state and municipal entities):

1. Role of the state

i. Coffers; or

ii. Ruling subject

2. Municipalities

i. Closed administrative-territorial entities (peculiarities relate to budget financing: budget allocations + regular interbudgetary tranches)

ii. Special economic zones (2005 Federal Law: special treatment business activity – free customs zone; The management company can be a joint-stock company but with 100% participation of the Russian Federation)

II. Collective subjects:

1. State authorities and local governments

2. Legal entities (state unitary enterprises, funds, public law companies (see the Federal Law of the same name) and state corporations (VEB, DIA, Housing and Communal Services Assistance Fund, Roscosmos, Russian Technologies, Rusnano, Rosatom, Avtodor). DIFFERENCES: see the law)

III. Individual subjects:

1. Individuals(citizens + entrepreneurs)

2. Auditor status (individual entrepreneur + special rights and obligations under the Federal Law; dispute about the freedom of individual entrepreneurs to operate and audits)

3. Residence issues (NC: individuals who have been in the territory of the Russian Federation for 183 days in Russia; VP: individuals who are citizens, except those residing in the territory foreign country within 1 year)

Concept and elements

Concept:(there is no legislation; there is no single act on financial control, because each area has its own control) the activities of bodies to implement control powers (to ensure the legality of financial transactions.

Broad meaning: activity of all organs;

Narrow meaning: activities of a specific person;

Lima Declaration of General Principles of Control: purpose, types, principles

Legal regulation: Declaration + separate legislative acts

Elements:

1. item– financial transactions, reporting, financial planning acts, cash flow (i.e. actions or acts subject to control);

2. object– subjects in respect of whom control measures are carried out;

3. subject– authorized bodies or divisions;

4. methods– regulated actions of specific subjects in relation to objects

5. procedure– presentation of results (varies for each area)

Financial control methods

1. Examination– carrying out control actions for the actual and documentary study of the legality of individual financial and business transactions, reliability of accounting and reporting.

Species

1) Office - at the location of the subject.

2) On-site – at the location of the facility.

3) Counter - requesting documents from the counterparty.

2. Audit– a comprehensive audit, which is expressed in actions to document and factually study the legality of the entire set of completed financial and business transactions. The audit is not in the law, but it is in the regulations. All activities are studied.

3. Survey– analysis and assessment of the state of the sphere of activity of the control object, carried out by the financial control body in order to resolve the issue of further control activities. Can be done independently.

4. Authorization of transactions(for budgetary) - making a permitting inscription after checking the documents submitted for the purpose of carrying out financial transactions regarding their availability, and the compliance of the information specified in them with the requirements of the budgetary legislation of the Russian Federation. The Federal Treasury may or may not authorize transactions. The FC monitors the operations that are open in the FC. Authorization is carried out by means of a permitting inscription.

Mandatory audit

Types of audit:

1) Initiative

2) Mandatory (organizations only)

Subjects:

2) Credit organizations

3) Insurance organizations

4) Pension funds

5) Banking groups and holdings

8) State corporations

Audit result – auditor's report. The list of information is specified in the law. Question about compliance with the law. There is no such obligation, but the auditor himself acts within the legal framework. If illegal activity is detected, the auditor queries the audited entity and informs the responsible authority.

Question about audit confidentiality. Disclosed by court order. The Federal Tax Service wants to remove this norm.

Knowingly false audit report. Grounds

1) Compiled without audit

2) Compiled based on the results, but clearly contradicting the contents of the documents submitted to the audit organization.

It is almost impossible to recognize such a conclusion as false. Auditors provide opinions only.

Registration of financial control results

Budget

1) Performance– an act of the financial control body, which is advisory in nature. Drawed up by the body and signed by the head. A softer response. The subject informs the object.

2) Prescription– a mandatory act of the control body. Reasons:

(1). Violations with damage to the state

(2). Return of funds to the budget

(3). Failure to meet deadlines for submissions

(4). Creating obstacles to control activities

Tax control

Concept: activities of authorized bodies for monitoring compliance with tax legislation.

Species: same (see above)

Registration of tax audit results:

(1). Inspection certificate (not final report)

(2). Inspection report (final report)

(3). Making a decision based on the results of the tax audit:

(4). Review within 10 days;

(5). The question is whether there is an offense

(6). Manager's decision

(7). Entry into force

Lecture 5: Budget and budget device

Concept and types of budgets

Concept

1. public fund of funds (a fund is property, a set of entries in bank accounts; the material meaning of the budget); part of the treasury;

2. financial plan public legal education (appeared in England; in Russia - as a list of income and expenses); basis for other financial planning acts;

3. a normative legal act adopted by the legislative authorities (in the Anglo-Saxon system, the expenditure and revenue parts are adopted separately)

Types of budgets

I. by territorial basis

1. national (not in Russia)

2. federal

3. regional

4. local

II. by duration

1. multi-year (rolling) – acts adopted for several years; why are planning periods needed (state rating, for local authorities)

2. annuals

3. fractional – for one month, for six months; Badly; BC has a mechanism for a fractional budget in case of crisis situations;

III. by time of preparation and execution

1. emergency (not a military budget - there are expenses for military needs)

2. ordinary

IV. according to the method of formation of expenses

1. budget-gross (all budget expenses)

2. net budget (excluding expenses for the maintenance of state and municipal bodies

V. Consolidated Budget– a set of budgets of the budget system of the Russian Federation in the corresponding territory

VI. Budget of the Union State of Russia and Belarus approved by the Decree of the Supreme State Council of the Union State (with a surplus; compiled in a non-specific manner)

Budget device

Concept:

1. organization and principles of building a budget system

2. a set of budgets based on economic relations and the state structure of the Russian Federation

Signs:

1. based on existing economic relations;

2. government system defines the structure.

Elements of the budget system

1. Federal budget

2. budgets of the constituent entities of the Russian Federation

3. local budgets

4. budgets of municipal districts, city districts, etc.

5. budgets of urban and rural settlements, etc.

6. state extra-budgetary funds

7. territorial extra-budgetary funds

Principles of the budget system

I. unity(Article 29 of the BC)

1. differentiation of income, expenses and sources of financing deficits (Article 30 BC)

2. all income, expenses and sources of financing are assigned to the budgets of the budget system of the Russian Federation (Article 31 of the Budget Code)

II. determination of the powers of government bodies to generate budget revenues, etc.

III. independence

1. established rights, obligations and prohibitions for local governments;

IV. budget equality(Article 31.1 BC)

1. unified principles for determining the volume, forms and procedure for providing interbudgetary transfers;

2. equal among themselves and in relations with superiors.

Interbudgetary relations

Concept: relationships between public legal entities on issues of regulation of budget legal relations, organization and implementation of the budget process. The range of questions is extremely wide.

Models

I. centralized(the list of all taxes and rates is determined centrally)

II. decentralized(regional and local authorities have the right to set their own taxes)

III. mixed(regional and local authorities have the authority to establish taxes in terms of determining certain elements) - Russia here: the subjects of the federation have the right to establish those taxes that are regulated at the federal level, the permitted elements of taxes can be adjusted. Reducing the tax rate risks not receiving budget assistance.

Legal mechanisms of interbudgetary relations (centralized):

I. uniform standards for tax deductions– “splitting” taxes does not change them legal essence;

II. intergovernmental transfers– funds provided by one budget to another budget (Article 130 of the Budget Code);

1. subsidies– without establishing directions of use; aimed at equalizing budgetary security

2. subsidies– co-financing of expenses; a lot of species;

3. subventions– funds allocated for the implementation of obligations by the lower budget; “unfunded mandates”;

4. interbudgetary transfers to off-budget funds;

5. negative transfers- from inferior to superior;

III. other transfers;

IV. budget loans.

1. one-time nature;

2. provided to cover cash gaps;

3. not always compensated.

Lectures on financial law

Lectures on financial law. 1

Lecture 1: Public finance and public financial activities. 2

Lecture 2: Concept and sources of financial law. 4

Lecture 3: Financial and legal norms and financial and legal relations. 6

Lecture 4: State (municipal) financial control and audit. 9

Lecture 1: Public finance and public financial activities

Finance is not the money itself, but the relationship between people regarding the formation, redistribution and use of funds. Finance serves as an economic instrument for the distribution of gross social product and national income. They are a means of control over the production and distribution of material goods. And also a means of stimulating the development of the state.

Finance does not cover the entire sphere of monetary relations. Their content is only those of them through which the monetary funds of the state and municipalities are formed.

In terms of their material content, the finances of the state and municipalities are funds of funds, i.e. financial resources of the country. As a legal category, finance represents only public finance itself.

The legal category of finance is manifested in those forms that are perceived and used by legislation today. Therefore it is necessary to distinguish finance as a system of relations regulating the movement of public funds, and as a system of concepts, categories, enshrined and used by law (income, profit, cost, price, etc.).

a) broadly (intersectoral);
b) in a narrow (financial and legal) manner.

IN the first meaning is finance(or their individual aspects or sides) are in demand in many branches of law and have industry-wide significance. For example, the concept of price, cost, income, etc. are relations regulated by civil, financial, administrative, labor law, and its other branches. In the second case, speech It is about the public importance of finance, exclusively about the monetary funds of the state and territorial communities. In this situation, industry-wide concepts and categories acquire a special industry character and meaning, expressing specific, homogeneous financial and legal relations. Industry-wide categories of income, cost, price acquire financial and legal significance.

So, finance - economic monetary relations in the formation, distribution and use of funds of funds of the state, its territorial divisions, as well as enterprises, organizations and institutions necessary to ensure expanded reproduction and social needs, in the process of which the distribution and redistribution of the social product and control over the satisfaction of needs of society.

It must be borne in mind that finance and financial relations are necessarily monetary relations, but Not all relationships involving money are financial. Thus, money servicing purchase and sale relations, deliveries, and administrative fines is not finance. These are social relations regulated by other branches of law: civil, administrative, relations regarding the payment of wages, pensions, benefits (labor law) and other relations related to the movement of money, but not financial.

Currently, due to the development of market-type relations, finance plays a decisive role in the life of society. The role of finance in the socio-economic life of the country is expressed in its distribution and control functions.

Distribution function of finance lies in the fact that through finance the distribution of the total social product and national income occurs. As a result of their functioning, monetary funds are created that provide for the various needs of society and the state. Through the implementation of the distribution function, efficient production is organized and all sectors of the economy are developed.

Control function of finance lies in their ability to quantitatively monitor the entire progress of the distribution process. This function is implemented through the activities of financial and tax authorities in the field of education, distribution and use of funds.

The relationship between public and private finance.

Definition of finance. Finance - economic monetary relations in the formation, distribution and use of funds of funds of the state, its territorial divisions, as well as enterprises, organizations and institutions necessary to ensure expanded reproduction and social needs, in the process of implementation, which involves the distribution and redistribution of the social product and control over meeting the needs of society.

Under finances of the country are understood monetary economy and those arising on its basis through the circulation of money financial relations, as a result of which various funds of funds are formed, both state and non-state (private).

The country’s finances include funds from budgets of all levels, state extra-budgetary funds, funds from state and non-state enterprises, all income state budget both in the form of tax payments and in the form of government loans.

The country's finances are divided into:

For state (public) finances;

Private (non-state) finance.

The central place in the financial system is occupied by public finance, which includes state finance and finance of municipalities.

State (public) finance- these are the funds that are managed by state authorities of the Russian Federation and local authorities. This includes funds from budgets of all levels, state and extra-budgetary funds, funds from state and municipal enterprises.

Currently differ two types of public finance:

1) centralized;

2) decentralized.

State (public) centralized finances are funds that are directly controlled by state authorities of the Russian Federation and local governments. These funds are used for meeting general needs relevant territorial entities: district, city, region, state as a whole. Common needs include administration, policing, education, health, social security, defense, etc.

State (public) finances include:

Federal budget;

Budgets of the constituent entities of the Russian Federation;

Local budgets;

Off-budget funds;

· funds formed through state and municipal loans.

In turn, state centralized finances (budgets) are divided:

For general budgets;

Budgets of extra-budgetary funds (pension, medical, social insurance), which together could be called the social budget.

State (public) companies are in a different position decentralized finance, those. finances of state and municipal enterprises. Although they belong to the state and municipalities, these enterprises, being economic entities, retain a certain degree of autonomous character and, like all commercial enterprises, are subject to the laws of the market, which brings their finances closer to those of other (private) commercial enterprises. State and municipal enterprises have funds assigned to them, have their own funds, and pay taxes to state and local budgets.

Analysis of state (public) centralized and decentralized finance allows us to define the concept of treasury, which is quite common in financial literature.

Coffers- this is part of the state and municipal property(cash) not assigned to government and municipal enterprises and institutions.

The state treasury of the Russian Federation consists of funds from the federal budget and federal extra-budgetary funds, as well as funds from the Central Bank of the Russian Federation, the gold and currency funds of the Russian Federation.

Private (non-state) finance. The science of financial law studies the rules of financial law that regulate public finances. But this science, in the section on tax law, also studies the process transformation (transformation) of private finance into public finance.

TO private (non-state) finance includes funds owned by private, cooperative and public organizations, as well as individuals. Unlike state and municipal finances, the state and dynamics of which are mainly determined by the decisions of state and local authorities, private finance is subject to the laws of the market and is regulated by civil law.

Unlike state (public) finance, which is designed to satisfy the general needs of society (education, culture, social security, management, defense), private finance has the purpose of making a profit for their owners. Grocery store owner individual entrepreneur runs a farm to make a profit and satisfy his needs. Each private enterprise, like an individual tree, lives its own life, but at the same time, connecting with other trees, it forms a forest, i.e. economy of the country.

Private finance- These are finances that generate income. Now or in the future

Private financial decisions often come down to planning personal budget, the revenue side of the budget includes all estimated income of the budget period, including: - earnings, - pensions and compensations, - income from bank deposits, - income from rental real estate.

Payment of housing and utilities services, - payment food, - medical insurance, - loan payments, - purchase of durable goods, - risk insurance (property, health, etc.), - pension savings, - investments.

Together with state and municipal enterprises, private enterprises form a system of economic entities with which the state enters into financial (tax) relations. It is these relationships that make up the basis of the financial activities of the state. Thanks to this activity, huge amounts of money are concentrated in the hands of the state, allowing it to effectively perform its functions.

For modern financial law, it is important to understand that private finance can develop into public funds of money and vice versa. As soon as private finance “acquires” the power of the state, it turns into public finance, which means it falls into the area of ​​financial and legal regulation. This happens due to the direct instructions of the legislator. An example when the finances of legal entities are public finances is the funds of state and municipal unitary, including state-owned enterprises. Some scientists classify the finances of state and municipal unitary enterprises as the finances of legal entities, i.e. to private finance.