Public and private finance. Financial right. Public finance and public financial activities Public finance

The concept of finance is usually associated with the movement of funds: paying taxes to the budget, distributing funds between institutions. Finance is an economic category and economic relations.
The main features that allow us to define the concept of finance from a scientific point of view:

These economic relations are monetary in nature.
Distributive relations. Production, distribution, exchange, consumption are stages of the production process. Finance is associated with the second stage of this process. The movement of value at this stage in monetary form occurs separately from the movement of the commodity mass. At this stage, the value of the social product is distributed according to its intended purpose and according to the economic entity. The specificity of this stage lies in the one-way movement of the value of the social product.
The formation of cash funds is mandatory. Funds are withdrawn from certain entities, after which funds are formed and funds are accumulated.

It is necessary to differentiate the concept of finance from the concept of credit. Credit also participates in value distribution; it is in many ways similar to finance and has a related economic nature, but credit operates on a repayable basis, unlike finance, which is associated with the one-way movement of value.
The question of the distinction between finances and wages is also often raised. In relation to salary, we can talk about the process of two-way movement of value, since salary is compensation for labor costs incurred. Finance is aimed at satisfying the general interest, in contrast to salary. Distribution relations materialize in the flow of funds into the ownership of individual workers and are used to satisfy personal needs.
Finance – monetary relations that arise in the process of distribution and redistribution of the value of the gross social product in connection with the formation of cash income and savings (cash funds) among business entities, the state and municipalities in order to meet general needs.
The distribution of the value of the social product occurs across the subject. Therefore, the subject becomes a criterion for the classification of finance:

Public finances.
Private finance.

In modern conditions, it is necessary to rethink the concept of publicity in society in a new way. Firstly, according to Tikhomirov, publicity cannot be reduced to ensuring exclusively state interests; it is necessary to keep in mind ensuring the interests of associations and collective organizations. Therefore, the concept of “public” includes not only state interests, but, for example, also the interests of local government. If we proceed from the understanding of public interest as a total, averaged social interest in a particular area, as the interest of a social community recognized by the state and secured by law, the satisfaction of which serves as a condition and guarantee for the existence and development of this community, then public interest can be understood as a state, territorial interest , public and based on this, the interests of local government can be classified as public interests. Thus, we can say that state finances and local government finances are used to satisfy various aspects of public interest. Public finance expresses only part of monetary financial relations, namely those through which public funds of funds are formed.
Public finance is a system of monetary relations organized by the state, during which the formation, distribution and use of public funds of funds occurs. We can talk about the concept of public finance in the material sense of the word - funds of funds generated, distributed and used for the implementation of public functions.
Difference between public finance and private finance:

Public finance serves the public interest. Therefore, if the state and dynamics of private finance depend on the laws of a market economy, then the state and dynamics of public finance are largely determined by the decisions of the state and the actions of the public authorities themselves. This is due to the fact that, using its power, a subject of public power can make unilateral power decisions to provide itself with financial resources.
Inextricable connection with the monetary system. But the monetary system is controlled by a public entity, and this cannot but affect the properties of public finance.
Private finance is focused on making a profit, public finance is a means of realizing the general interest.
The size of public finances significantly exceeds the size of private ones.

The relationship between the concepts of “public finance” and “state treasury”.

The concept of treasury is a civil law concept, which is contained in Art. 214 Civil Code of the Russian Federation. This concept does not acquire any special content within the framework of financial law. Treasury - funds from the corresponding budget and other property assigned to enterprises and institutions with the right of economic management or operational management. These concepts can only be correlated if we talk about public finance in the material sense of the word. Public finance – public funds of funds; treasury – property not assigned to institutions and enterprises.
Formation of extra-budgetary funds (pension, social insurance and health insurance). They are created to implement the constitutional rights of citizens. Created by a public entity to realize public interest. Who manages budget income and expenses? Ministry of Finance under the general leadership of the Government. The Ministry of Finance is an executive body that manages budget funds, representing the state itself in these management relations. The resources of extra-budgetary funds are managed not by executive authorities, but by specialized non-profit financial and credit institutions. These institutions are independent legal entities, the board of the fund, the executive directorate of the fund, etc. For the purpose of forming funds, they are public. However, the funds of these funds are actually transferred to the legal entity, transferred to it for operational management, so formally they fall under the definition of the treasury.
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The place of public finance in the financial system.

Finance as monetary relations associated with the formation, distribution and use of funds is heterogeneous and allows itself to be classified according to the forms and methods of accumulation and distribution of funds. The possibility of identifying a number of relatively independent financial institutions within the financial system. A financial institution is a group of homogeneous economic financial relations that differ in the forms and methods of accumulation or distribution of funds.
Financial system from an economic point of view:

Organizational finances.
Public finance.
Insurance.

Public finance:

State and local budgets.
State extra-budgetary funds.
State and municipal credit.

There is no bank loan, but government credit is provided. In economic theory, we are talking about two components of public credit: government borrowing (funds come from individuals, legal entities, and other entities at the disposal of a public entity to return these funds). The specificity is that funds, when placed at the disposal of a public entity, are converted into its additional financial resources and are considered as a source of financing the budget deficit. This is a civilized way to cover the budget deficit. Thus, these borrowed funds go to the budget, where a secondary redistribution of the value of the gross product occurs. Borrowed funds are involved by a public entity in the process of their secondary redistribution using budget mechanisms. This gives significant specificity to a government loan in contrast to a bank loan (the purpose of raising funds is to find a source to cover the budget deficit).
The second component of government credit is the treasury loan. We are talking about a budget loan (budget loan). We are talking about providing funds from the budget on a repayable and reimbursable basis. A budget loan cannot be considered as an analogue of bank lending, because funds are provided for other reasons, other purposes for providing funds are pursued: support for the industry, structural restructuring of the economy, etc. Budget credit is a means of managing the economic situation, an element of the state's economic policy. The conditions for providing such a loan are completely different, in contrast to providing a bank loan (benefits on terms, interest, etc.). This loan has no commercial purpose. All of the above predetermines the specifics of the legal regulation of budget credit. Initially, a budget loan is provided on the basis of a civil contract. But on the other hand, the loan is allocated from the budget, and therefore is recognized as one of the forms of budget expenditures. In this regard, budget legislation regulates a number of features of the legal regulation of budget credit. One of the main features is that the repayment of a budget loan is equivalent to mandatory payments to the budget. In fact, the civil law nature of the relevant relations is called into question. There remains only one civil form. This allows us to talk about the specifics of these relations and the need to regulate them within the framework of public finance.
In recent years, lawyers have increasingly taken into account the economic nature of relations when determining the structure of the financial system and are guided by this structure proposed by economists. Although some representatives of legal science propose a different structure, proposing to include a bank loan. Rationale: Credit, of course, interacts with all elements of the financial system. The specifics of credit and the specifics of the financial system cannot be ignored, so this point of view must be treated with caution.
Where should we include the finances of unitary enterprises or state municipal institutions? State enterprises and institutions are, of course, created in order to realize public interest. But unlike state or municipal bodies, which directly realize public interests, incl. and in the financial sphere and act in this regard on behalf of a public entity, unitary enterprises and state/municipal institutions are created as independent legal entities that are given the opportunity to act on their own behalf in economic transactions. That. the realization of public interest is mediated by the formation of the interest of the organization as an independent subject of law acting on its own behalf.
The difference between the statuses of unitary enterprises and institutions. Enterprises carry out activities related to making profit at their own risk and under their own responsibility (property is assigned under the right of ownership). This gives grounds for a public entity to build relations with unitary enterprises in economic circulation on the basis of an agreement (for example, a state contract). Thus, the legal regime of finance of such enterprises is actually the same type as the legal regime of non-state commercial organizations. The interest of this finance is different from the state one, since it represents the interest of a separate organization. As for state and municipal institutions, the following must be kept in mind: institutions are formed for non-commercial purposes, therefore the owner (state or municipal entity) bears subsidiary liability for debts. Hence the desire of a public entity to maximize control over the financial activities of institutions. This is manifested, in particular, in the transfer of institutions to the treasury system, associated with the opening of accounts by a budgetary institution exclusively with the federal treasury or other similar executive authorities of the constituent entities of the federation/municipal entities; the impossibility of opening bank accounts by a budgetary institution; in significant changes in the legal regime of income of institutions from entrepreneurial and other income-generating activities; in significant restrictions on the rights of institutions to independently conclude civil transactions (up to 2000 minimum wages). All income from business or other activities in accordance with the Budget Code of the Russian Federation is recognized as income of the corresponding budget and is subject to mandatory crediting to the accounts of the treasury or similar executive authorities. For an amount exceeding 2,000 minimum wages, transactions can be concluded only on behalf of a public entity. Formally, legally, institutions retain the status of an independent subject of law, even if there are such significant restrictions on the disposal of the financial resources provided to the institutions. Therefore, there is no reason yet to include them in the category of public finance.
State extra-budgetary funds. Included in public finance. Organizationally separated from the budget and have a certain independence within the budget system. The main purpose of such funds is to finance individual targeted activities (for example, ecology) through special earmarked contributions. The separation of extra-budgetary funds from the budget makes it possible to guarantee their intended use in full, to expand the composition of funds allocated to ensure relevant targeted activities (for example, through voluntary transfers, capitalization of the income of the relevant funds, etc.). Specific revenues to the budget are not tied to specific goals for the receipt of funds, and if the fund exists separately from the budget, then the funds go exactly where they should go. State extra-budgetary funds appeared with the aim of guaranteeing the financing of certain targeted activities (for example, the implementation of environmental programs, road maintenance, etc.). In the 90s the number of such funds exceeded more than two dozen at the federal level alone. There was nothing left of the budget (the budget was pulled away, there was much less regulation and much less control over the use of state extra-budgetary funds). Therefore, in the mid-90s. The President of the Russian Federation raises the question of the need to consolidate the majority of extra-budgetary funds with the corresponding budgets. In connection with this formulation of the problem, numerous funds are beginning to be consolidated with budgets of the appropriate level. The Budget Code of the Russian Federation significantly limits the possibilities for creating extra-budgetary funds. In accordance with Art. 13 of the Budget Code of the Russian Federation, a state extra-budgetary fund is understood as a fund of funds formed outside the federal budget and the budgets of the constituent entities of the Russian Federation and intended to implement the constitutional rights of citizens to pensions, social insurance, social security in case of unemployment, as well as health care and medical care. The Budget Code of the Russian Federation limits the creation of extra-budgetary funds to actually four purposes. Social insurance funds, compulsory health insurance, and a pension fund have been created today. It would be nice to create an employment fund.
The functions of public finance are expressed at the macroeconomic level, private finance - at the level of individual organizations. Public finance is the most important means of ensuring the activities of state and municipal entities. The need to use public finances is associated with the implementation of public financial activities by a public entity.
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Public financial activity, its forms and methods.

The financial activity of the state was previously considered as a basic category of financial law. The content of such activities included the activities of the state in the formation, distribution and use of national monetary funds in order to carry out state tasks and functions.
Financial activities of municipalities. Most specialists in the field of financial law are inclined to the same type of relationships that arise in the process of financial activities of both the state and municipalities. Taking this into account, we can at the present stage talk about public financial activity, meaning by it the financial activity of both the state and municipalities. Public activity is the power activity of state and municipal bodies (other authorized entities) in the formation, distribution and use of funds necessary for the implementation of the tasks and functions of the state and local government. Three forms of financial activity:

Formation.
Distribution.
Use of public funds of funds.

Thus, the financial activities of public funds are designed to cover all costs that ensure the implementation of public interests (implementation of government programs and resolution of issues of local importance). Lebedev did not classify activities related to the use of public goods as financial activities.

government contract – 1

allocations for the maintenance of budgetary institutions – 2
federal

An agreement is concluded between a public entity and a specific individual or legal entity, i.e. civil legal relations are formed, which are built on the civil legal principle of equality.
The institution itself will use budget funds either by paying salaries or concluding civil contracts (purchase of necessary furniture, equipment, etc.). Therefore, it is necessary to define the concept of “use of budget funds.” Is it the acquisition of specific material goods, because such an acquisition is carried out within the framework of civil law relations, i.e. there is no reason to consider such an acquisition of goods as a public financial activity. Then public financial activity will manifest itself only in the exercise of control over the use of budgetary funds by budgetary institutions or other entities. A public entity has the right to control the intended use of budgetary funds by those entities of public funds in whose favor such funds are distributed. With this approach, there is reason to assert that public financial activity covers the formation of public funds of funds, the distribution of funds, as well as control over their use.

Methods of financial activity.

In the FD process, various methods of accumulation, distribution and use of funds are used. Financial activity is a type of management activity in the broad sense of the word, therefore, we can talk about the use by a public entity of general methods of managing the influence of a public entity on the managed subsystem.
The fundamental role is given to the method of authoritative instructions, although the use of coordination methods, recommendations, etc. is not excluded. Since the content of the FD is not limited to the legal element, we can talk about organizational, technical methods, etc. The science of FP identified special methods used by a public entity at the stage of formation, distribution and use of funds of funds (tax and non-tax methods, the method of mandatory and voluntary payments, the method of financing and lending,
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Subjects of public financial activities.

The entities carrying out PFD are multiple. Based on the authoritative nature of public activity, it is necessary to talk about authorities authorized to express the will of a public subject within the framework of unilateral power relations. The basic competence of the bodies implementing PFD is determined by the Code of the Russian Federation, the charters of the constituent entities of the federation and other legal acts issued on their basis. Legislation is based on the principle of separation of powers. Within the subjects, two groups can be distinguished:

Those for whom the implementation of PFD is only part of the overall competence. Bodies of legislative, representative power that establish and impose taxes and fees. The powers to establish and impose taxes have always been within the competence of the legislative authorities. Legislative bodies review and approve budgets, incl. budgets of state extra-budgetary funds and reports on their execution. Executive authorities of general competence also participate in the implementation of the PFD. The Government of the Russian Federation develops and submits a draft budget to the State Duma, ensures the implementation of a unified financial, currency, and budget policy on the territory of the Russian Federation. Art. 104 Code of the Russian Federation: Such bills that are related to the introduction or abolition of taxes, exemption from taxes, issuance of loans, etc. are subject to inclusion in the State Duma only if there is a conclusion from the Government of the Russian Federation. At the St. Petersburg level, similar powers are exercised by the St. Petersburg Government. Clause 44 of the St. Petersburg Charter: The St. Petersburg Government is developing a draft budget for submission by the Governor to the Legislative Assembly; + rule similar to Art. 104 K RF. The St. Petersburg government ensures the execution of the budget, prepares a report on execution, and approves the list of main managers of budget funds. Executive bodies of sectoral competence also participate in the implementation of the PFD; they act, as a rule, as the main managers of budget funds, i.e. those entities that distribute budget funds within the system under their jurisdiction and control the use of funds by organizations under their jurisdiction (federal ministries, state committees, etc.). The President of the Russian Federation speaks annually in the budget address and signs the budget law. Even the judiciary is not excluded from the implementation of the PFD; in particular, the highest judicial bodies can act as the main managers of budget funds (for example, the Supreme Arbitration Court of the Russian Federation). Art. 124 K RF: Constitutional guarantees of the administration of justice and financial support for justice in the Russian Federation (financing must ensure a completely independent administration of justice). In accordance with the Law on the Financing of Courts of the Russian Federation, a reduction in the amount of funds allocated from the budget for financing courts can be carried out either with the consent of the Council of Judges or with the consent of the All-Russian Congress of Judges (depending on the percentage by which expenses are reduced). Art. 4 of the Law: Courts independently manage the funds allocated for their financing.
Those created to carry out financial activities specifically (having special competence). Chambers of Control and Accounts occupy a special place in the system of bodies carrying out financial reporting. Clause 5 Art. 101 K RF: Creation of the Accounts Chamber of the Russian Federation is created to monitor the execution of the federal budget jointly by the State Duma and the Federation Council. The creation of this kind of chambers has become widespread at the level of federal subjects (more than half of the subjects have been created and are functioning), as well as at the local level within the framework of local self-government. The Federal Accounts Chamber operates on the basis of the Federal Law of 1995 and is a permanent body of parliamentary control over the execution of the federal budget and federal extra-budgetary funds. Accounting chambers of this kind were created in almost all capitalist countries, historically being one of the first types of courts of administrative justice. In France, the joint venture considers disputes regarding budget revenues, while disputes regarding budget expenditures are within the competence of the court of budget discipline. In Germany, the joint venture was created to control the passage of budget funds through the accounts. Today we are faced with an underdeveloped theoretical and legal basis for the activities of control and audit chambers, which leads to inconsistency in their position. The Chairman of the State Duma is appointed by the State Duma, the deputy is appointed by the Federation Council, and six auditors are appointed by both chambers. Three main areas of activity of the joint venture. Control activities: monitoring the execution of the federal budget, federal extra-budgetary funds (in terms of volume, structure and intended purpose). The control powers of the joint venture extend to almost all government bodies, MS bodies, credit organizations (including the Central Bank of the Russian Federation), in connection with this, the main forms of activity of the joint venture are inspections and audits. However, the powers of the joint venture to apply coercive measures against violators are very limited. The control powers of the joint venture largely duplicate the powers of the executive authorities (the joint venture has the right to inspect organizations receiving budgets in the same way as the executive authorities). Taking into account the status of the joint venture, its characteristics as a body of parliamentary control, its efforts should be are aimed, first of all, at checking the financial activities of executive authorities. The control activities of the counting board are largely selective in nature. As a rule, the State Duma, by its resolution, carries out an inspection of a particular entity, because The joint venture cannot cover with systematic inspections all the entities under its control. All these problems will raise the question of changing the status of the joint venture (some insist on expanding the powers of the joint venture, others on giving the joint venture the status of a court of administrative justice to resolve disputes in the financial sector). Along with control activities, the joint venture carries out an expert function (examination of the Federal Law and other legal acts of federal government bodies, if they entail expenses from the federal budget or influence the implementation of such expenses). The third area of activity is information and analytical (analyzes deviations in budget execution, formulates proposals for changing the budget and improving the budget process with regular information sent to the Federal Fund). Methodological function - in agreement with the State Duma, develops and introduces mandatory reporting forms for participants in the budget process. The Chamber of Control and Accounts of St. Petersburg operates in St. Petersburg on the basis of the Law of 1995; it was created as a structural subdivision of the Legislative Assembly for the period of its powers (it is not an independent body). The areas of activity of the PSC basically coincide with the areas of activity of the SP of the Russian Federation, however, the PSC has more narrow powers. The PSC carries out control, expert-analytical, information functions, however, the control powers of the PSC extend to the administration of St. Petersburg, the governing bodies of state extra-budgetary territorial funds and the bodies of those municipalities that spend funds received from the budget of St. Petersburg. Based on the results of activities, the PSC draws up a report and certificate, providing the inspected entity with the opportunity to express its opinion. The Ministry of Finance acts on the basis of the Regulations approved by the Government of the Russian Federation. This Regulation brings into conformity with the Code of the Russian Federation and the Law on the Government the provisions on the place of the Ministry of Finance in the system of executive authorities. The Ministry of Finance, first of all, is called upon to ensure the implementation of a unified financial, budgetary, tax, and currency policy in the Russian Federation and coordinates the activities of all other federal executive authorities in this area. We are not talking about a unified system of financial authorities, but about the activities of the Ministry of Finance in interaction with the authorities of the constituent entities of the Russian Federation, municipalities, as well as with other organizations. The provision emphasizes the possibility of the Ministry of Finance creating its own territorial bodies (control and audit, territorial currency control bodies). The task of improving the budget system and developing fiscal federalism comes to the fore. The second task is the development and implementation of a unified state financial, budget, tax policy and the concentration of financial resources in priority areas. Participation in the development of forecasts for financial and economic development, preparation of targeted investment programs, development of proposals on the main directions of monetary and credit policy. The third task is the direct development of the draft federal budget and ensuring the execution of the federal budget. M. also carry out the execution of the budget of a subject of the federation or a municipal entity, but only subject to the conclusion of a special agreement. The fourth task is the development of government borrowing programs, their implementation, participation in the management of public debt - internal and external. The Ministry of Finance acts as the issuer of federal central banks, develops specific conditions for the issue and placement of government loans, takes measures to improve the debt structure, optimize expenses, etc. Development of a unified methodology for drawing up budgets and reports on their execution at all levels, development of a unified methodology for accounting and reporting. Financial control is the most important area of activity (primarily, control over the targeted use of federal budget funds and extra-budgetary funds). Since 1996, the Ministry of Finance has been supervising insurance activities, and since 2000 it has been given part of the powers to exercise currency control. As for the organizational structure, it is necessary to keep in mind the Government Resolution of 1998, where the Ministry of Finance was allowed to have up to 20 departments in its composition (budget policy, tax policy, inter-budgetary relations, debt management, audit, insurance supervision, accounting methodology, etc. ). The Federal Treasury Department occupies a special place in the structure of the Ministry of Finance. UVK appeared in Russia at the end of the 18th century. Until 1863, each ministry had its own treasury, which was in charge of collecting revenues, making expenses, and transferring only available balances of funds to the Ministry of Finance. After 1863, the principle of the unity of the treasury was based, all departmental treasuries were liquidated, the Department of the State Treasury was created, and locally - treasury chambers with provincial and district treasuries. After 1917, the Narkomfin's cash registers were created, and from the mid-20s their functions were transferred to the State Bank of the USSR. Reasons for re-establishing the treasury in Russia: decentralization of the banking system. Along with the Central Bank (the main state bank), an extensive network of commercial credit organizations is being created, and therefore, for the Central Bank, the priority of issues of federal budget execution is reduced. Commercial banks are not directly interested in exercising proper control over budget execution. The second reason is the declaration of budget independence. Thus, for the subjects of the federation and municipalities there is no obligation to control budget execution. The third reason is the lack of transparency in the use of federal budget funds. In the banking system, it is assumed that accounts will be opened in credit institutions for each main manager of funds (a ministry, other department that distributes budget funds between subordinate organizations), as well as for each recipient of budget funds (each budget institution). Therefore, it is possible to control the movement of budgetary funds only at the stage of their allocation or after their actual use by budgetary institutions. Under the treasury system, it is allowed to open accounts for crediting budget revenues and making federal budget expenditures only and exclusively by the federal treasury body. The so-called personal accounts with the federal treasury. Currently, the FC bodies operate on the basis of the Presidential Decree of 1992 and the Government Resolution of 1993. It must be borne in mind that the publication of these acts took place before the real restructuring of the relevant relations, in fact, during the transition period from the banking to the treasury system of budget execution with the designation of prospects. Hence the nature of the powers of the treasury authorities, enshrined in these acts, related to the implementation of subsequent control over compliance with budget legislation. The federal treasury bodies are a unified and strictly centralized system of federal bodies, headed by the main department of the federal treasury, which is a structural unit of the Ministry of Finance of the Russian Federation (GUFKMF RF). Along with the State Administration, FC departments have been created for subjects and FC branches for districts and districts in cities. Thus, the main task of the FC bodies is to carry out all transactions with federal budget funds in non-cash form and record these transactions. The FC carries out cash execution of the federal budget by opening personal accounts for all managers and recipients of federal budget funds. For managers and recipients, direct access to federal budget funds is excluded and the use of budget funds is mediated by the activities of the financial committees. Thus, the FC bodies exercise ongoing control over the use of federal budget funds directly in the process of performing transactions with budget funds. The creation of the treasury is aimed at strengthening budget discipline and ensuring the targeted use of budget funds.

Tax authorities are often mentioned as subjects. Tax authorities represent a unified and strictly centralized system of federal bodies that exercise control over the receipt of taxes into the budget system, over the timely full and correct payment of tax payments into the budget system. These bodies were first discussed in 1990. Initially, they were created as a structural division of the Ministry of Finance. In 1991 they were given the status of an independent federal executive body. Today, the system of tax authorities is headed by the Ministry of Taxes and Duties and includes territorial bodies subordinate to this ministry. They operate on the basis of the Tax Code of the Russian Federation and the Law on Tax Authorities, and represent a system of control and inspection bodies (in contrast to the tax police bodies, which have now ceased to exist and existed at one time as a PO).
The Central Bank of the Russian Federation operates on the basis of the Federal Law of 2002 On the Central Bank of the Russian Federation. The Central Bank is the main bank of the Russian Federation, which implements government policy in the monetary and banking spheres. A very specific subject among participants in financial activities. P. "f" art. 71 of the Code of the Russian Federation determines that federal economic services, including federal banks, are under the jurisdiction of the Russian Federation. Clause 2 art. 75 Code of the Russian Federation: The Central Bank carries out its functions independently of other government bodies. Is the Central Bank a government agency or an economic service? The Central Bank is a very specific subject. On the one hand, according to the law, it is a legal entity that can carry out civil transactions with the state or with commercial banks, acting on its own behalf. By concluding transactions with commercial banks, the Central Bank influences the development of the credit system, determines the credit policy in the Russian Federation (the conditions under which transactions are concluded are developed by the Central Bank of the Russian Federation within the framework of the general monetary policy), while the Central Bank does not pursue the goal of making a profit, but protects public interests in its activities. Art. 3 ZO Central Bank: Protecting and ensuring the stability of the ruble, developing and strengthening the banking system in Russia, ensuring the uninterrupted functioning of the banking system. To achieve these goals, the Central Bank is endowed with broad government powers to manage the monetary system (the right to issue acts of state administration). The authority acts on its own behalf, but at the same time realizes public interest and is endowed with state powers in this regard. The status of the Central Bank of the Russian Federation is the status of an independent entity, in the implementation of whose legally established powers no government body has the right to interfere. The law establishes property guarantees of such independence. The property of the Central Bank is federal property (the Central Bank exercises the powers to own, use and dispose of this property). The state and the Central Bank are not liable for each other’s obligations (as a general rule). As a general rule, the seizure of the property of the Central Bank or the encumbrance of this property with the obligations of the state is also not allowed without the consent of the Central Bank. The Law on the Central Bank, as a general rule, imposes a ban on the Central Bank providing loans to the Government of Russia to finance the budget deficit, as well as a ban on the Central Bank purchasing government securities during their initial placement. The Central Bank is prohibited from giving loans not only to the Government, but also to state extra-budgetary funds. The Central Bank has the exclusive right to issue banknotes. The law significantly limits the function of banking services for the Central Bank: the clients of the Central Bank, as a general rule, are banks, the state and municipalities. At the same time, it is the Central Bank that is responsible for servicing budget accounts, as well as servicing the public debt. What are the limits of the Central Bank's participation in public financial activities? Firstly, within the framework of public financial activities, we can talk about the powers of the Central Bank to organize money circulation (both cash and non-cash), since without this organization the functioning of public finance, as well as finance in general, is impossible. It is necessary to ensure the stability of the national currency and the normal functioning of the payment system. It should be recognized as fair that public funds of funds are not formed within the banking system. Mandatory Reserve Fund of the Central Bank - this fund is not a public fund of funds, it is a means of monetary regulation of the intrabank system. Secondly, participation in the Central Bank in public activities can be discussed when performing operations with budget funds, i.e. maintenance of budget accounts. But?! Is such an activity considered an authoritative public activity? Is it possible to talk about public financial activity if the service is carried out on the basis of concluding civil contracts? Perhaps it is worth talking about public financial activities in terms of organizing servicing of budget accounts.
Another specific subject is the management bodies of state extra-budgetary funds. With the process of creating state extra-budgetary funds (GVF), the process of forming specialized state financial and credit institutions for the purpose of managing the funds' funds began. Thus, all fund management bodies are independent state non-profit financial and credit institutions, i.e. Legal entities that have their own governing bodies. As a rule, the structure of such bodies is the same: board, executive directorate of the fund. Such bodies also have a dual status, similar to that of the Central Bank. On the one hand, these are legal entities acting on their own behalf, controlled by government bodies, but not subordinate to them. At the same time, these legal entities manage state property, public funds of funds, to realize public interest and, in connection with this, are vested with the right to issue management acts. It is not included in the system of state and executive authorities. With the adoption of the budget code, the legislator's attitude towards the existence of such entities did not become more definite. In Art. 143 of the Budget Code of the Russian Federation states that the management of state extra-budgetary funds is carried out by state authorities of the Russian Federation. But among the participants in the budget process the Budget Code of the Russian Federation includes state extra-budgetary funds (as an institution or as a government body).
At the level of the federal subject: St. Petersburg is creating its own financial body (finance committee) as a sectoral executive body. The main tasks are determined by the law On the structure of the administration of St. Petersburg (Article 30). Executes the budget, controls the use of budget funds, is obliged to ensure the sustainability of financial policy, organizes the issuance and placement of loans in St. Petersburg. The functions of the Finance Committee are similar to those of the Ministry of Finance. Within the structure of the Finance Committee, a treasury is created (Treasury Administration of the Finance Committee) for the same purposes as at the federal level.

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

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 from the federal budget, funds from off-budget government 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 government institutions financed from regional budgets.

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

The separation of municipal finance, in contrast to regional finance, into a separate type of public finance is due to 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.

Public (social), that is, state and municipal, finance constitutes one of two branches of the general financial system, its centralized part. The essence and functions of public finance differ little from the essence and functions of finance in general, but have their own specifics. Finance historically emerged and functioned before the dominance of capital-based economies in the form of public finance—state and local revenues and expenditures. Private economic finance, as an independent branch of finance, was formed only with the formation, strengthening and general spread of capitalist forms and methods of management, and in its more or less developed form it exists only for a little more than a hundred years. For this reason, it is advisable to start studying finance by its branches with public finance.

Public finance is based on monetary relations that arise in the process of organization by the state of the country’s monetary system and the reproduction of public goods (services), which constitutes a centralized part of the process of social reproduction. Public finance mediates (serves) that part of reproductive economic relations that is associated with the state’s organization of monetary circulation (the circulation of primary financial resources in the economy) and with the movement of financial resources of public authorities, when the state (municipalities) acts as a macroeconomic economic entity producing , distributing and providing public goods (services).

The state is entrusted with the responsibility of organizing at the proper level of circulation of primary financial resources - the monetary system in general and monetary circulation in particular. Organization here refers to the activities of government bodies in planning, regulating and controlling the money supply (supply of primary financial resources) in the economy by organizing money circulation, determining the scale of prices, types of money and banknotes, the procedure for issuing money, methods of regulating money circulation, planning money supply (monetary aggregates), regulation of domestic money circulation and monetary regulation, monetary and exchange control. The mentioned financial activity of the state ensures the creation of general conditions for the functioning of the entire financial system and the entire reproduction process as a whole. The fulfillment of its functions by money causes its movement. The movement of primary financial resources in private and public law forms generates financial resources.

Public (state and municipal) financial resources are funds that move in a public legal form. In other words, these are funds accumulated by public (state and municipal) authorities in the form of tax and non-tax revenues and revenues and used for the purposes of producing public goods (services) when government structures perform their functional duties within the framework of the powers established by the rules of public financial law . Public financial resources constitute a centralized part of the financial resources of the economy and social sphere.

The sources of public financial resources are: the part of the gross domestic product claimed by the state as a producer of public goods; part of the country’s national wealth, which the state, if necessary, can sell (gold reserves, state property, etc.), income from the privatization of state and municipal property; part of the profits and other income belonging to the state as an owner operating as an ordinary market entity; funds of foreign states, international financial and credit organizations, legal entities and individuals, which public authorities can attract in the form of loans, loans, gratuitous and irrevocable transfers.

According to the nature of the sources of formation of public financial resources, one should distinguish between own, attracted and borrowed resources.

Own financial resources are:

Tax revenues included in the budget revenues of public authorities at all levels in accordance with budget and tax legislation;

Non-tax revenues included in the budget revenues of public authorities at all levels in accordance with budget legislation;

Tax and non-tax revenues included in the budget revenues of state extra-budgetary funds;

Income that serves as a source of formation of state financial reserves in accordance with budgetary and other legislation is not taken into account in the income of the budgets of public authorities and the budgets of state extra-budgetary funds.

Attracted public financial resources are funds received by budgets in the form of gratuitous and irrevocable transfers: interbudgetary transfers from budgets of other levels in the form of grants and subsidies, subventions from compensation funds and from local budgets to budgets of other levels, gratuitous and irrevocable transfers from legal entities and individuals, from the governments of foreign states and international organizations, etc. According to the Budget Code of the Russian Federation, these funds (with the exception of subventions from the Federal and regional compensation funds) relate to the own income of the corresponding budgets, which is, at least, controversial. The rights of a public authority that has received gratuitous (non-refundable) funds are usually limited to certain conditions. Their high share in total income increases the financial dependence of lower budgets on higher ones. Therefore, it is more correct to consider such financial resources as equivalent to own or attracted financial resources.

The following are the borrowed financial resources: state and municipal loans (external and internal); loans received from foreign states, international financial organizations and credit organizations; budget loans received by budgets of some levels from budgets of other levels. Borrowed funds, actually formalized in the form of credit agreements (contracts) and placed loans, form debt obligations of public authorities. In addition to the above-mentioned borrowed funds, the Budget Code of the Russian Federation includes as debt obligations agreements on the provision of guarantees by government authorities and agreements on the prolongation and restructuring of debt obligations of previous years.

According to the levels of public authority, state and municipal, federal, regional and local financial resources should be allocated. They differ in their composition and structure. The bulk of public financial resources in modern Russia is concentrated at the federal level. The structure of federal resources is dominated by tax revenues; The overwhelming majority of state financial reserves are formed at the federal level. In the structure of local financial resources, gratuitous and non-refundable transfers most often prevail.

The use of public financial resources is carried out by various authorities for the purpose of producing and providing public goods within the framework of the spending powers of public legal entities (rights, obligations, issues of jurisdiction) established by budget legislation. A specific list and grouping of budget expenditures according to their functional essence and departmental affiliation are established by the law on budget classification.

In the process of movement of public financial resources, state and municipal monetary revenues are generated and used. The formation and use of public revenues constitutes the result, motive and purpose of the movement of public financial resources. These processes accompany all stages of the reproduction of public goods (services), providing income sources for all its participants and achieving the final goal - consumption of public goods in the given parameters in terms of volume and quality, through the expenditure of income. The constant circulation of public income and expenses ensures the continuity of the process of reproduction of public goods (services).

The formation and use of public revenues is carried out as a result of the activation of financial mechanisms and instruments derived from the monetary aggregate M 1. The latter include both general and special financial instruments. General financial instruments and mechanisms include: prices and pricing, credit, its elements and methods of borrowing (lending), types of expenses, securities and other financial market instruments, forms and methods of remuneration, etc. This toolkit is used by the state in cases where it acts as an ordinary market business entity, taking into account the specifics (the nature of ownership and management, the social orientation of certain types of activities and public goods, etc.). Special financial instruments and mechanisms of public finance include: taxes and elements of taxation, forms and methods of budget financing, interbudgetary transfers, state (municipal) debt obligations and methods of managing them, budget deficit and methods of covering it, state pension and social security and insurance, social standards and norms (standards), forms, types and methods of state financial control, etc.

Thus, public finance mediates the entire set of monetary relations that arise in the process of organizing the circulation of primary financial resources, the movement of financial resources in a public legal form, the formation and use of public revenues on this basis as a result of the activation of general and special financial instruments and mechanisms.

Public finance has three functions:

1) formation of public revenues;

2) use of public revenues;

3) control function.

When public finance performs its first function, tax and non-tax revenues are generated from the budgets of public authorities (in Russia - revenues of the federal, regional, local budgets), budgets of state (federal and regional) extra-budgetary funds and state financial reserves (public revenues set aside in reserve). The attraction of borrowed funds by public authorities is usually carried out when there is a lack of own income, that is, for their temporary replacement on the terms of repayment and payment. A peculiarity of the formation of public revenues is that the bulk of them is accumulated in the form of compulsory taxation, since public goods produced by the state are also provided mainly in a compulsory manner.

Public incomes are formed at all stages of reproduction of the gross domestic product (GDP), but appear in their specific forms and types at the stage of distribution of primary and secondary distribution. As a result, public revenues take the form of primary and secondary revenues. This conclusion follows from the modern theory of factors of production of the cost (value) of the social product (GDP or net product) and its distribution by income in accordance with the indicators of the System of National Accounts (SNA).

The complete, detailed structure of the net product of society created, sold and distributed to primary income by factors of production can be provided as follows: 1) land (natural factor) - rent; 2) labor (personal factor) – fixed salary; 3) capital (material factor) – profit or interest on capital; 4) entrepreneurial ability (personal factor) – entrepreneurial income; 5) state regulation of the economy (macroeconomic, reproductive factor) - indirect taxes, non-tax revenues of public authorities. In modern society, the role of the state in performing its functions becomes so significant that without it the process of social reproduction is no longer able to function normally. The state has become a social productive force. It is involved in the macroeconomic function of maintaining economic stability, smoothing business cycles, curbing the growth of unemployment and inflation, and regulating the rate of economic growth. Finally, the state acts as a monopoly producer of public goods (services). For the constant reproduction of the latter, the state receives and exercises its economic right, firstly, to the primary distribution (share) of the created net domestic product of the country in the form of indirect taxes included in the prices of goods and income received by it as an ordinary subject of a market economy (profit, dividends, interest, income from the sale of property, etc.), and secondly, for secondary distribution (redistribution) of primary income of owners of other factors of production (rent, wages, profit, other income) mainly in the form of direct income taxes.

Thus, in fulfilling its functions, the state acts as the owner of a special factor of production, participating in the creation and distribution of the country’s net domestic product and claiming its fair share of the latter. This state share consists of two parts:

1) primary income in the form of indirect taxes on production and imports (taxes on products and imports, other taxes on production) and non-tax income from business activities in the process of primary distribution of net domestic product;

2) secondary income in the form of direct (income) taxes and non-tax income generated in the process of redistribution of primary income of subjects of a market economy.

When public finance performs the second function, public revenues are used by spending them for the purposes of production, distribution and provision of public goods (services). The direction of use of public revenues according to their functional classification and the classification of the public administration sector form a system of public expenditures. Functionally (taking into account the functions assigned to public authorities) they are divided into sections of the budget classification: general government expenditures, expenditures on national defense, expenditures on national security and law enforcement, expenditures on the national economy, expenditures on housing and communal services, expenditures on education, expenditures on healthcare, physical culture and sports, expenditures on social policy, interbudgetary transfers. The classification of expenses for operations of the general government sector involves their division into expenses for wages (with accruals), payment for work and services, servicing state (municipal) debt, gratuitous transfers to budgets, social security, transactions with assets, as well as expenses associated with an increase in the value of fixed assets, intangible assets, non-produced assets, inventories, securities and other financial assets.

In the process of organizing the movement of primary financial resources, the formation and use of public revenues, the need arises to implement state (municipal) financial control, the possibility of which is determined by the third - control function of public finance. External and internal, subsequent, current and preliminary state (municipal) financial control, general financial, antimonopoly, monetary and exchange rate, budgetary, tax, extra-budgetary, credit and other types of financial control of public authorities are distinguished. The most common methods of state (municipal) financial control are inspections and audits, audit and monitoring.

The set of levels and links (relatively independent groups of public financial relations) constitutes a system of public finance. The public finance system is built according to two criteria: economic and public legal (according to levels of public authority).

In terms of economic content, the public finance system includes the following links (elements):

1) budget (budget system);

2) a system of state extra-budgetary funds;

3) state (municipal) loan;

4) state financial reserves and reserve funds.

The composition and structure of the public finance system directly depends on the state (public legal) structure of the country. In the Russian Federation, the public finance system, taking into account the above-mentioned feature, includes the following levels:

1) state (federal and regional) finances;

2) municipal (local) finances (finances of municipal districts, city districts, intra-city municipalities of Moscow and St. Petersburg, urban and rural settlements).

State and local finances differ not only in scale, level of management and degree of centralization of financial resources (income), but also in the composition of the links that form their system. The content of the public finance system by levels of government and the economic grouping of its links is presented schematically in Fig. 2.1.

Rice. 2.1. Composition of the Russian public finance system

The reduced composition of the units of municipal (local) finance, in comparison with state finance, is due to the more limited financial rights of local governments, since according to the Constitution of the Russian Federation the latter are not bodies of state power.

Subjects of state and municipal finance management are discussed in the relevant paragraphs of the work.

Signs of finance:

1) monetary relation;

2) distribution relation;

3) non-equivalent attitude;

The concept of “finance” is considered in two aspects:

1) economic aspect.

Finance- economic relations arising regarding the formation, distribution and use of monetary funds in order to fulfill the tasks and functions of the state, its territorial divisions, enterprises, organizations and institutions;

2) material aspect.

Finance- funds accumulated in state funds for special purposes.

Finance- monetary funds of the state, its territorial divisions, enterprises and institutions, organizations.

Cash funds- a separate part of financial resources that has a target direction and relative independence of functioning.

Finance functions:

1) Distribution: distribution of national income in order to provide business entities with the necessary financial resources in the form of monetary funds for non-purpose purposes;

2) Test: control over the distribution and expenditure of funds;

3) Regulating (stimulating)): the impact of the state on economic relations through finance;

4) Stabilization: providing all enterprises and the population with stable conditions for economic activity. and social relationships.

Public and private finance:

Finance: 1) Public: state and municipal; 2) Private.

State finance: federal, regional, state enterprises;

Municipal: municipal districts, municipal settlements, municipal enterprises;

Private: individuals and legal entities.

Differences between public and private finance:

1. The purpose of public finance: satisfying state (municipal) needs to ensure the “general interest.” The purpose of private finance: making a profit and satisfying one’s own needs.

2. Method of ensuring public finance income: coercive instruments can be used; Method of ensuring private finance income: can only be supplemented by economic methods.

3. Priority of income and expenses: in public finance, expenses determine income; In private finance, income determines expenses.

2. Financial system of the Russian Federation: concept and composition.

Financial system of the Russian Federation: a set of financial institutions, each of which contributes to the formation and use of appropriate monetary funds, as well as a system of government bodies and institutions that carry out financial activities within their competence.

(A financial institution is a group of homogeneous economic relations interconnected by forms and methods of accumulation or distribution of funds).

Composition of the financial system of the Russian Federation:

1.budgetary system with its constituent states. and local budgets;

2. off-budget trust funds;

3.finance of enterprises/associations/organizations/institutions/sectors of the national economy;

4.property and personal insurance;

5.credit (state and bank).

Negos. funds (federal and regional, for example non-state pension funds); banking system funds; funds of insurance organizations; society funds and regional organizations; funds of other legal entities.

3. Financial activities of subjects of public law: concept, role and methods.

Fin. government activities: implementation of functions for the systematic formation, distribution and use of money. funds (financial resources) in order to implement the tasks of social and economic development, ensuring the defense capability and security of the country. Financial activities are carried out by the bodies of 3 branches of government. authorities: legislative, administrative and judicial authorities within their competence.

Principles of finance activities: federalism, legality, transparency, planning.

1) The principle of federalism: the jurisdiction of the Russian Federation includes: finance, currency, credit regulation, monetary issues, federal banks, federal budget, federal taxes and fees; The establishment of general principles of taxation and fees in the Russian Federation is assigned to the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

2) The principle of legality: the process of creation, distribution and use of monetary funds. funds are regulated in detail by financial regulations. rights, the observance of which is ensured by the possibility of applying state measures to offenders. coercion.

3) The principle of transparency: manifests itself in the procedure for bringing to the attention of citizens the content of drafts of various financial legal acts, adopted reports on their implementation, the results of checks and audits of financial activities, etc.

4) The principle of planning: all fin. The activities of the state are based on a system of financial planning acts; the structure, procedure for drawing up, approval, and execution are enshrined in regulations.

Methods for implementing financial activities: 1) methods of collecting money. funds(tax method and voluntary contribution method - purchase of state and municipal securities, donations, bank deposits) and 2) methods of distribution and use of funds(methods of financing (free and irrevocable provision of funds) and lending (allocation of funds on the terms of payment and repayment.)).

Financial management bodies: 1) bodies of general competence (Federal Assembly of the Russian Federation and the Government of the Russian Federation) and 2) bodies of special competence (Ministry of Finance of the Russian Federation, Accounts Chamber, Central Bank of the Russian Federation, Federal Customs Service of the Russian Federation, Federal Treasury, Federal Tax Service of the Russian Federation, Federal Financial Supervision Authority (Rosfinnadzor) .

Legal forms of state financial activity: financial and legal acts - adopted in the prescribed form and having a legal basis. consequences of the government decision bodies and local government bodies. on financial issues activities within their competence.

According to legal According to their properties, financial and legal acts are divided into normative and individual.

According to legal By nature, financial and legal acts are divided into: a) legislative; b) subordinate.

4. Financial law of the Russian Federation: concept, subject and methods of legal regulation.

Financial law: 1) branch of law; 2) section of legal science; 3) academic discipline.

Finnish subject rights: society relations that arise in the process of state activities regarding the systematic formation, distribution and use of centralized and decentralized money. funds in order to achieve its objectives.

Features of relations regulated by financial law: 1) organizational character: they develop in the sphere of financial activities in order to form the monetary funds necessary for society; 2) authority character: authorized state bodies vested with authority participate in them; 3) property. character: the object of these relations is money or monetary obligations.

Method: government regulations for one financial participant. relations on the part of others acting on behalf of the state and vested with corresponding powers in this regard. Those. the main method is administrative and legal (imperative). + additional method is dispositive (mainly in banking and credit relations).

Due to the fact that the Finnish the law extends to one of the areas of activity of the state; it comes into contact with constitutional and administrative law.

financial law is a set of legal norms regulating social relations that arise in the process of formation, distribution and use of monetary funds (financial resources) of the state and local governments necessary for the implementation of their tasks.

TO subject financial law includes consolidating the structure of the financial system, the distribution of competence in this area between the Federation and its subjects, local self-government represented by relevant bodies, and regulating, on the basis of these initial norms, relations arising in the process of financial activity.

Wide range of participants in financial relations:

a) between the Russian Federation, its constituent entities and local administrative-territorial units represented by the relevant bodies of representative and executive power, arising in connection with the distribution of the country’s financial resources;

b) between the financial and tax authorities of the state, on the one hand, and enterprises, organizations, institutions, on the other, in connection with the fulfillment of financial obligations to the state, the distribution between them or the expenditure of public funds;

c) between state (municipal) financial and credit authorities in connection with the formation, distribution and use of relevant state (municipal) monetary funds and resources (budgetary, extra-budgetary, credit, insurance);

d) between state (municipal) enterprises, organizations, institutions, on the one hand, and their superior bodies of state (municipal) administration, on the other, in connection with the distribution and use of budgetary or credit resources in the relevant sectors of the national economy and spheres of social life, as well as the own funds of enterprises, organizations, institutions;

e) between financial and credit authorities, on the one hand, and legal entities and individuals, on the other, in connection with the formation and distribution of state credit resources and centralized insurance funds;

f) between the financial and credit authorities of the state, on the one hand, and individuals, on the other, in connection with the fulfillment of the latter’s duties to make payments to state (municipal) monetary funds (to the budget, extra-budgetary trust funds).

So, the subject of financial law is social relations that arise in the process of state activities for the systematic formation, distribution and use of centralized and decentralized monetary funds in order to implement its tasks.

5. Financial law in the system of Russian law: relationship with other branches of law. Features of the relationship between financial law and civil law, financial law and administrative law.

, system of Russian financial law- this is the internal structure, association and arrangement of financial and legal norms in a certain sequence, objectively determined by the system of social financial relations.
The largest divisions of Russian financial law are parts: General and Special

To the General part include rules of financial law that establish the basic general principles, legal forms and methods of financial activity of the state, the system of state bodies carrying out financial activities, and the delimitation of their powers in this area, the main features of the financial and legal status of other entities with which they enter into relationships , forms and methods of financial control and other similar financial and legal norms. They operate on the scale of all financial activities of the state and have general significance for it. Special part consists of several sections, including relevant financial and legal institutions. Each of them represents a set of financial and legal norms governing a group of homogeneous financial relations. Financial and legal institute combines legal norms regulating a group of financial relations that is narrower and similar in content than the section. (for example, in the section “Legal regulation of state revenues” - institutions of taxes on legal entities and individuals, non-tax revenues, etc.).
The Special Part of Financial Law includes sections that group rules governing relations in the field of: a) the state budget system; b) extra-budgetary state and municipal funds; c) finances of state enterprises; d) government revenues; e) government credit; f) state insurance; g) government spending; h) bank lending" i) money circulation and settlements; j) currency regulation. They have appropriate names.

The features of financial law are revealed more fully when it is compared and distinguished from other branches of law. Due to the fact that financial law extends to one of the areas of state activity, it is closely related to state (constitutional) and administrative law, which covers with its influence the organization and activities of the state as a whole.

There is a relationship between them and the types of government activities that are subject to regulation by these branches of law.

State (constitutional) law establishes the foundations of the organization and activities of representative and executive authorities. Thus, state (constitutional) law is the leading branch in the legal system. It consolidates the foundations of the social system and politics of the Russian Federation, the legal status of the individual, the federal state structure, the principles of organization and activities of state authorities and local governments. Financial law is based and developed on these foundations.

Administrative law regulates public relations in the field of public administration carried out by executive authorities. Financial law applies to both of these types of government activities, since financial activities can be carried out by both bodies

Financial law is closely related to civil law, since its subject matter includes monetary relations among property relations. There is a connection between financial law and other branches of Russian law (labor, criminal, etc.), but in the cases discussed above it is the closest.

There are several criteria for classifying finances:

place of accumulation - households, personal budget, company accounts, extra-budgetary funds, state budget;
source of resource generation - profit of organizations, income and benefits of individuals, taxes paid, voluntary contributions;
form of ownership - state, corporate, public and personal finance;
functional purpose - funds intended to finance individual activities and goals, loan payments, employee remuneration, etc.

The most complete classification covers the forms of ownership of finance and the type of their centralization.

Types of finance by type of ownership

The main classification of finance involves the identification of the following types depending on the form of ownership:

Public finances are funds credited to the country's budget and at the disposal of government authorities. At their expense, the activities of government institutions - schools, hospitals and museums - are supported.
Corporate finance is the funds of organizations and companies pursuing the goal of making a profit based on the results of their activities. The structure of this type of finance includes revenue, profit, fixed and current assets.
Public finance - funds of non-profit organizations, for example, charitable and extra-budgetary foundations, formed through voluntary contributions or contributions.
Personal finance - personal funds or household finances. They are based on income in the form of wages, pensions, and other benefits paid to citizens.

Types of finance divided by form of ownership may have different sources of formation. For example, gratuitous receipts, income, profit in the form of interest, loans and borrowings.

Types of finance by type of centralization

Also, financial resources are usually classified depending on the type of centralization or publicity into two types:

Centralized (public) finance is a system of funds of funds necessary for the state to perform the functions assigned to it. Public finance includes state and municipal resources, formed largely from taxes and contributions.
Decentralized (private) finance - includes finances of households and companies obtained as a result of work or business.

Private finances are primary, as they are obtained as a result of activities, and public finances are secondary, formed on the basis of primary resources.

The functions they perform also depend on the type of financial resources. When analyzing the economy, state and corporate finances are of particular interest, while public and personal monetary resources are not considered as separate types - their share in the total volume of finance is much lower.