Foreign exchange regulation and foreign exchange control of foreign economic activity. Foreign exchange regulation of foreign economic activity
Lecture 17
Foreign exchange regulation and foreign exchange control are an integral part of the state regulation of foreign economic activity. The development of foreign exchange regulation in Russia went in the direction of the gradual liberalization of foreign economic activity of enterprises and firms. Changes in the currency regulation of the Russian Federation paved the way for the conversion of the ruble into convertible currency.
International settlement and monetary-credit relations of Russia with foreign countries, the procedure and scope of application of foreign currencies by Russian enterprises, organizations and citizens are regulated on the basis of the law of the Russian Federation "0 currency regulation and currency control adopted by the Supreme Soviet of the Russian Federation on October 9, 1992, No. 3615-1 ".
According to this law, the purpose of foreign exchange control is to ensure compliance with foreign exchange legislation in the implementation of foreign exchange transactions. The main areas of foreign exchange control are: determination of the compliance of foreign exchange transactions with the current foreign exchange legislation and the availability of licenses and permits necessary for them; verification of the fulfillment by residents of obligations in foreign currency to the state, as well as obligations to sell currency in the domestic foreign exchange market of the Russian Federation; checking the validity of payments in foreign currency, as well as checking the completeness and objectivity of accounting and reporting on foreign exchange transactions; as well as on transactions of non-residents in the currency of the Russian Federation.
Currency control is carried out by the currency control authorities and their agents. The currency control bodies, in turn, are the Central Bank of the Russian Federation, as well as the Government of the Russian Federation. Currency control agents are organizations that, in accordance with the legislative acts of the Russian Federation, can exercise currency control functions. Foreign exchange control agents are accountable to the appropriate foreign exchange control authorities.
With regard to the regulation of foreign trade, foreign exchange transactions are of the nature of current foreign exchange transactions, including: transfers to and from the Russian Federation of foreign currency for making settlements without deferring payments for the export and import of goods, works, services, as well as for making settlements related with crediting of export-import operations for a period not exceeding 180 days; obtaining and providing financial loans for a period not exceeding 180 days; transfers to the Russian Federation and from the Russian Federation of interest, dividends and other income on deposits, investments, loans and other operations related to the movement of capital; transfers of a non-commercial nature to and from the Russian Federation, including transfers of wages, pensions, alimony, inheritance, and other similar transactions.
The foreign exchange control system is aimed at preventing illegal leakage of foreign exchange funds abroad through foreign trade channels. In its development, the evolution of the foreign exchange control system has gone through several stages. First of all, the evolution of the currency control system is characterized by the modification of currency control methods, including the expansion of the scope of currency control by types of foreign trade transactions (export, import, commodity exchange transactions) and the degree of currency control coverage of the objects of these transactions (goods, works, services, results of intellectual property).
Direct foreign exchange control was introduced through the publication of the Instruction of the Central Bank of the Russian Federation and the State Customs Committee of the Russian Federation "On the procedure for exercising foreign exchange control over the receipt of foreign exchange earnings from the export of goods to the Russian Federation" No. 19 and No. 01-20 / 10283 dated 12.10.93 and introduced in 1994. Initially, this Instruction extended its effect to strategically important commodities, and then extended its action to the entire commodity nomenclature of TN VED in the form of customs and banking control under the auspices of the Central Bank of the Russian Federation and the State Customs Committee of the Russian Federation. The system made it possible to link the subjects of Russian export transactions into one chain: the exporter-authorized banks-customs. The basis of the currency control system is the transaction passport. In connection with the adoption of this Instruction, two approaches to the implementation of the foreign exchange control function have arisen: 1. The authorized bank and the customs authority carry out end-to-end monitoring of the timely and full return of foreign exchange earnings to the Russian Federation for exported goods; 2. Control over the timely and complete receipt of goods from abroad at a cost equivalent to the amount of foreign currency transferred abroad (180 days from the date of release of goods outside the customs territory of the Russian Federation). The above-mentioned Instruction of the Central Bank of the Russian Federation and the State Customs Committee of Russia determined that exporters are obliged to ensure that foreign exchange earnings from the export of goods are credited to their foreign currency accounts with authorized banks of the Russian Federation.
In order to control the fulfillment of this requirement, the exporter is obliged to draw up a transaction passport - a basic currency control document containing information about a foreign trade transaction. The transaction passport is drawn up, in accordance with the original or the contract or its copy by an authorized bank, to a transit foreign exchange account, to which foreign exchange earnings from the export of goods under this contract should be received. From the moment the transaction passport is signed, the exporter assumes responsibility for the full compliance of the information given in the transaction passport with the terms of the contract on the basis of which the transaction passport was drawn up, for crediting in full, and within the established time frame, of the proceeds from the export of goods under the contract, on the basis of of which this transaction passport was drawn up, to the exporter's transit account in an authorized bank, to which the transaction passport is submitted for registration. In order to draw up a passport of the transaction, the exporter is obliged to provide the original or a certified copy, the passport of the transaction, as a result of which, after considering these documents, the authorized bank signs copies of the transaction.
The transaction passport serves as the basis for the acceptance of the contract for settlement services by the authorized bank, which is considered as an expression of consent to perform the function of monitoring the receipt of foreign exchange earnings from the export of goods under the contract presented by the exporter. In the event of a discrepancy between the data in the contract, the information specified in the transaction passport, the discrepancy between the currency transactions stipulated by the contract, the requirements of currency legislation, the transaction passport is issued in violation of the established requirements, the conditions in the contract provide for the crediting of currency earnings to the accounts of enterprises or persons that are not exporters for to this contract, the absence in the contract of conditions providing for the crediting of foreign exchange earnings to the exporter's account in the authorized bank, the absence in the contract of any information necessary for drawing up the transaction passport, the authorized bank must refuse to issue the transaction passport.
The transaction passport is drawn up in two copies, one of which is in an authorized bank, and the other is handed over to the exporter along with the original of the contract.
The customs authorities accept for customs clearance a photocopy of the transaction passport taken from the original in an authorized bank, as well as copies of the customs declaration for the cargo being processed, previously removed from the original of the customs declaration for exported goods, as well as other documents provided for by customs legislation. In this case, the customs authorities check the compliance of the data of the transaction passport with the data of the customs declaration and the submitted documents, including the signatures of the responsible persons of the authorized bank. From the moment the goods are released by the customs authorities, the exporter provides, within 10 days, to the authorized bank a copy of the CCD received from the customs authority that issued the goods. The CCD is the basis for the extract of the register by the State Customs Committee of the Russian Federation. The register assumes the presence of a calendar sequence of the expected receipt of foreign exchange earnings to a transit account in an authorized bank, as well as shipments of goods outside the customs territory. This register in a copy is sent to the exporter in order to provide them with this register in the future to the State Customs Committee of the Russian Federation. The register is provided to the exporter to identify the amounts that are sent to a transit account with an authorized bank in relation to specific shipments indicated in the Register. From the moment of receipt of funds in foreign currency to the transit foreign currency account, the exporter instructs the authorized bank to sell part of the foreign exchange earnings in the domestic foreign exchange market, as well as transfer the foreign exchange earnings remaining after the sale to his current foreign exchange account. In this order, the exporter indicates the details of the transaction passport and the customs and banking control registration card, which is the basis of the register issued by the State Customs Committee of the Russian Federation, and which is sent by the authorized bank to the State Customs Committee of the Russian Federation. The authorized bank, in turn, fills out the original register, regardless of the completeness and timeliness of the receipt of foreign exchange earnings from the export of goods, having previously checked the correctness of the exporter's attribution of the amounts received, according to the customs banking control card, as well as the dates indicated by the exporter in the copy of the customs declaration, and the dates of receipt of the foreign exchange proceeds to the exporter's foreign exchange account in transit with this bank. After this check, the completed original register is sent to the State Customs Committee of the Russian Federation.
It should be noted that an authorized bank has the right to charge a commission for performing currency control functions, but not more than 0.15% of the contract amount. Performing the function of currency control, the authorized bank is obliged to provide samples of cards with the signatures of the persons responsible for drawing up the transaction passports, including their lists, to the Central Bank of the Russian Federation.
In order to develop foreign exchange control related to the crediting of foreign exchange earnings and regulating the customs regime of export, the Central Bank of the Russian Federation and the State Customs Committee issued Instruction "0 on the procedure for exercising foreign exchange control over the validity of payments in foreign currency for imported goods No. 30 and No. 01-20 / 10538 dated July 26, 1995. According to this instruction, foreign exchange operations in relation to goods that are imported into the customs territory of the Russian Federation in accordance with the customs regimes "release for free circulation" and "reimport" are subject to currency control, transactions in which settlements are fully or partially provided in foreign currency The currency control system does not apply to transactions for the import of works, services, settlements for which are carried out only in Russian currency, in accordance with Russian law, for transactions for which settlements in cash are not provided (barter fasting vki, supplies of humanitarian aid), for transactions carried out on the import of goods against state loans in accordance with international treaties with the participation of our country, for transactions in relation to the import of goods from the CIS countries.
An importer who has entered into a transaction providing for the transfer of foreign currency from the Russian Federation for the purchase of goods is obliged to import them for the amount specified in the transaction, or to ensure a full return of the currency within the terms provided for in the contract, but no later than 180 calendar days from the date of the transfer of funds, if otherwise not permitted by the Central Bank of the Russian Federation. In case of non-fulfillment of the conditions for the supply of goods or return of currency, the importer is liable in the form of a fine in the amount equivalent to the amount of foreign currency converted to payment for the goods. In this case, the penalty is not imposed in cases of documented force majeure circumstances.
Payments for an import transaction are carried out only through an authorized bank that issued a transaction passport. An authorized bank makes payments under an import contract, opening import letters of credit only if there is a transaction passport signed by it. Payment for the imported goods under the importer's contract can be made only from the importer's account in an authorized bank and only by this bank or a correspondent bank acting on his behalf.
If the importer concludes a transaction that exceeds the period of 180 calendar days between the date of payment for the imported goods and the date of its customs clearance, the importer in this case must obtain a license to carry out currency transactions related to the movement of capital from the Central Bank of the Russian Federation.
The spread of foreign exchange control in relation to customs regimes for the export and import of goods is also associated with the application of state regulation in relation to barter transactions. Decree of the President of the Russian Federation "On state regulation of foreign trade barter transactions" dated 18.08.96 No. 1209 determined that a foreign trade barter transaction is a transaction involving the exchange of goods, works, services, and the results of intellectual activity equivalent in value.
The Decree of the President of the Russian Federation under consideration determined that Russian persons who have entered into or on whose behalf barter transactions have been concluded are obliged within the time limits established by the legislation of the Russian Federation for the execution of current foreign exchange transactions, calculated from the date of release of exported goods by the customs authorities of the Russian Federation or from the date of performance of work , the provision of services and rights to the results of intellectual activity, to ensure the import into the customs territory of the Russian Federation of goods, works, services, and the results of intellectual activity equivalent in value, with confirmation of the fact of import by the relevant documents. In case of exceeding the specified deadlines and the fulfillment by a foreign person of a counter obligation in a manner that does not provide for the import into the customs territory of our country of goods, services, results of intellectual activity, is allowed only on the basis of permission from the Ministry of Foreign Economic Relations of Russia. If there has been a change in the terms of the agreement establishing the exchange of goods, works, services, results of intellectual activity to the terms providing for settlements in cash or other means of payment, Russian persons are obliged to ensure the return of these funds in an amount equivalent to the value of exported goods, works, services , the results of intellectual activity to their accounts in authorized banks in compliance with the requirements of foreign exchange regulation and foreign exchange control.
This Decree of the President of the Russian Federation introduced the concept of a barter transaction passport, on the basis of which the customs clearance of goods transported across the customs border on account of the execution of barter transactions is carried out. When making a barter transaction by Russian entities, it is necessary to present the exported goods for an expert assessment of the quantity, quality and price. The decree of the President of the Russian Federation established that the export customs regime applies to the execution of barter transactions in terms of the equivalent import of goods, services, works, results of intellectual activity, and in terms of crediting foreign currency earnings to accounts with authorized banks. At the same time, control over the execution of barter transactions is carried out by the customs authorities.
In the development of the aforementioned Decree of the President of the Russian Federation
The government of the Russian Federation issued a decree "On measures to
state regulation of foreign trade barter transactions "dated 31.10.96 No. 1300, providing for the introduction of a certificate of accounting for a foreign trade contract. The certificate is submitted at the request of the bodies and agents of foreign exchange control in connection with the performance of their functions for the implementation of foreign exchange control, as well as for submission to the Ministry of Foreign Economic Relations of Russia for the preparation of expert opinions, carried out for the purposes of currency control.
In order to obtain such a certificate, the subject of foreign trade activities must submit an application to the Commissioner of the Ministry of Foreign Economic Relations of Russia for the relevant region in the appropriate form with the original export or import contract, a copy certified by the head of the exporter's or importer's organization, a copy of the commission or sale agreement, if the subject of foreign trade relations is not the owner of the goods, a copy of the certificate of the State Statistics Committee of Russia, as well as an application for a contract accounting certificate. The term for consideration of the application and the documents attached to it is 21 days. Consideration of contracts by the Authorized Ministry of Foreign Economic Relations of Russia in the respective regions results not only in obtaining a certificate of accounting for the contract, but also in obtaining a recommendation in writing aimed at improving contracts, in accordance with the Recommendations on the minimum requirements for mandatory details and the form of foreign trade contracts.
These recommendations are certified by the signature and seal of the Representative of the Ministry of Foreign Economic Relations of Russia in the respective region. Moreover, such recommendations should be taken into account in the foreign trade contract directly by the applicant for obtaining a contract accounting certificate.
State intervention through the application of the above-described elements that make up the foreign exchange control system in the regulation of foreign trade in the territory of the Russian Federation cannot be fully completed without the existence of such an element of foreign exchange regulation as a system of mandatory expert assessment of the quantity, quality and price of exported goods. Decree of the Government of the Russian Federation "On the introduction of a unified system of expert assessment of the quantity, quality and price of exported goods" dated 28.12.95 No. 1267 (as amended by Decree of the Government of the Russian Federation dated 21.03.96 No. 298), adopted on the basis of the fourth agreement of the Government of the Russian Federation and the International Monetary Fund within the framework of an expanded financing program for our country for a period of three years and in the amount of 10.2 billion dollars in order to liberalize Russian expert policy, which provides for the introduction of a unified system of expert assessment of the quantity, quality and price of exported goods from 01.01.96.
This resolution approved the Regulation on the procedure for admitting Russian and foreign organizations to conduct an expert assessment of the quantity, quality and price of exported goods. The provision under consideration is focused on the implementation of foreign exchange control, i.e. timely receipt of proceeds from the export of goods to the authorized bank agent of foreign exchange control. Foreign exchange earnings are credited to the authorized bank after the shipment and payment of the goods, taking into account the verification of the quantity, quality and price of the exported goods. The price is controlled taking into account the individuality of the export transaction on the basis of shipping documents. The assessment of the price, combined with the assessment of quantity and quality, is proof that the declared elements of the export contract are true. The exporter independently decides whether or not to carry out the specified expert assessment, but in case of non-crediting or incomplete crediting of foreign exchange earnings to the account in the authorized bank-agent of foreign exchange control, the exporter is obliged to provide a certificate of pre-customs (pre-shipment) expert assessment of the quantity, quality and price of the exported goods.
The customs value of the goods, which is the basis of the price of the exported goods, is the basis for calculating the goods supplied to a foreign buyer. In this case, if there is a preliminary price for the goods, and its subsequent deviation, according to the formula for calculating the final price given in the export contract, a temporary (conditional) price may be declared, allowed by the customs authority to adjust the preliminary price. In this case, the final adjustment of the export price is established by the customs authority, taking into account the declared customs (conditional) price and goods, as well as the real price of the contract on the date of payment.
In order to establish the final price of the export contract, an expert assessment of price, quantity and quality is carried out. An expert assessment of the final price, quantity and quality is provided to the customs authority that carries out customs clearance of the exported goods for the statement of the received assessment in the cargo customs declaration when goods are released from the customs territory of our country. It should be noted that the temporary price is based on the invoice value declared on the date of customs clearance of the exported goods.
The legislation does not regulate the issue of adjusting the customs value of the exported goods, which leads to the lack of algorithms for the customs authorities to adjust the final customs value of the exported goods. Consequently, a document is required on the adjustment of the customs value, issued by the customs authority that carries out customs clearance of the exported goods. In connection with the foregoing, foreign exchange earnings from the export of goods represent income from the sale of goods arising upon payment by a foreign buyer, which must be credited to an authorized bank agent of foreign exchange control in the territory of the Russian Federation. As for the formalization of the results of the expert assessment of the quantity, quality, and price of the exported goods, the expert assessment is formalized with a certificate of conducting a pre-customs expert assessment of the quantity, quality, and price of the exported goods. This document is the basis for the physical characteristics of the exported goods, as well as a conclusion on the price conditions of a foreign trade transaction, in the absence of the final price of such goods in the contract. Expert judgment is applied to such goods as oil, oil products, timber, gas and others, and this, in turn, makes it necessary to adjust the customs value of exported goods.
An expert assessment of the quantity, quality, price of goods is carried out by Russian and foreign organizations that have an agreement with the Federal Service for Currency and Export Control, certified by a certificate of admission to an expert assessment issued by the relevant government body. The decision on the admission of Russian and foreign organizations to an expert assessment of the quantity, quality, price of goods is made by the Commission of the Government of the Russian Federation on the issues of quantity, quality and price of exported goods. The main criterion for making such a decision is the availability of experience and resources that allow you to create a timely system for processing and transmitting data, the nature of the services provided, their cost, terms of execution and payment terms, a guarantee of the performance of the services provided, their quality and price.
In case of incomplete and untimely receipt of foreign exchange earnings from the export of goods for which an expert assessment of the quantity, quality and price was carried out, consideration of the validity of the statement of the Russian exporter on this fact by the Ministry of Foreign Economic Relations of Russia is carried out only if there is a certificate of pre-customs expert assessment, formalized by the above expert organizations.
An important component of foreign exchange regulation is the ruble exchange rate regime against foreign currencies. The exchange rate regime has changed several times over the years of reforms.
On the whole, the current exchange rate regime in Russia can be characterized as rather liberal.
However, at the same time, the reversibility of the ruble is still limited in many respects, since:
1. foreign trade restrictions (tariff and quantitative) remain;
2. the economic and monetary basis for the formation of an equilibrium exchange rate in terms of the ratio of domestic and foreign trade prices has not been created.
Currency regulation is one of the forms of state influence on participants in foreign economic activity in order to protect the public interests of the state.
This impact is carried out to protect the national currency, to restrict the export of capital from the country, to ensure the return to Russia of foreign exchange earnings received from exports.
The solution to these problems is ensured by currency legislation, which regulates both general issues of currency relations, and specific ones, for example, providing for a control mechanism for currency transactions.
The fundamental legislative act in the field of currency regulation is the Law of the Russian Federation “On Currency Regulation and Currency Control” dated October 9, 1992. This law discloses the basic concepts of currency relations, such as “currency of the Russian Federation”, “foreign currency”, “residents”, “ non-residents ”, etc., as well as the scope and procedure for currency regulation have been established, currency control bodies have been defined, and liability for violation of currency legislation has been envisaged.
All entities conducting foreign economic activity are, from the point of view of currency legislation, residents
From paragraph “a” of Art. 1 of the Law on Foreign Exchange Regulation it follows that such residents are:
- 1) individuals who have permanent residence in Russia, including those temporarily located outside its borders;
- 2) legal entities created in accordance with Russian legislation, the main place of activity of which is the Russian Federation, as well as their branches and representative offices located outside of Russia;
- 3) enterprises and organizations that are not legal entities, created in accordance with Russian legislation, the main place of activity of which is the Russian Federation, as well as their branches and representative offices located outside of Russia.
Residents, when conducting foreign economic activities, carry out various foreign exchange transactions. Under foreign exchange transactions, as follows from clause 7 of Art. 1 of the law, it is understood:
- a) operations related to the transfer of ownership and other rights to currency values, including operations related to the use of foreign currency and payment documents in foreign currency as a means of payment;
- b) import and shipment to the RF, as well as export and shipment of currency values from the RF;
- c) implementation of international money transfers. Foreign exchange transactions can be current and related to the movement of capital.
Foreign exchange transactions associated with the movement of capital are:
- a) direct investments, that is, investments in the authorized capital of an enterprise in order to generate income and obtain the rights to participate in the management of the enterprise;
- b) portfolio investments, that is, the purchase of securities;
- c) transfers in payment of ownership rights to buildings, structures and other property, including land and its subsoil, classified under the laws of the country of its location as immovable property, as well as other rights to immovable property;
- d) granting and receiving a deferred payment for a period of more than 180 days for the export and import of goods, works and services;
- e) provision and receipt of financial loans for a period of more than 180 days;
- f) all other foreign exchange transactions that are not current foreign exchange transactions.
Current foreign exchange transactions include, in particular, transfers to and from Russia of foreign currency for making settlements without deferred payment for the export and import of goods, works and services, as well as for making settlements related to lending export-import transactions for a period not exceeding 180 days (clause 9 “a” of the Law).
Foreign currency means banknotes in the form of banknotes, treasury bills, coins that are legal tender in a relevant foreign state or group of states, as well as banknotes withdrawn or withdrawn from circulation, but subject to exchange (clause 3 “a” of the Law).
Foreign currency transactions are regulated by law. The peculiarities of the legal regime of transactions of residents in foreign currency are:
- 1. Import, transfer and transfer of currency values (which include foreign currency) to Russia can be carried out without restrictions.
- 2. All foreign currency received by residents is subject to mandatory crediting to their accounts in authorized banks, which, in accordance with clause 11 of the Law on Foreign Exchange Regulation, mean banks and other credit institutions that have received licenses from the Central Bank of Russia to conduct foreign exchange transactions.
- 3. Prohibition of the sale of goods to citizens for foreign currency. However, there are exceptions to this rule. Which consist in the fact that a number of enterprises are given the right to trade for cash. This, in particular, applies to duty-free shops operating in accordance with the obtained permits and under the conditions established by special regulations (letter from the Central Bank of the Russian Federation of December 27, 1993 No. 67).
- 4. Mandatory sale of a part of foreign exchange earnings. The main legal act that established such a procedure is the Decree of the President of the Russian Federation of June 14, 1992 No. 629 “On partial changes in the procedure for the mandatory sale of a part of foreign exchange earnings and collection of export duties”. The decree established the obligation of entities engaged in foreign economic activity to sell through authorized banks at the market exchange rate of 50% of foreign exchange earnings from the export of goods (works, services).
Currency regulation also applies to operations with national currency. The legislation establishes that the export and transfer from Russia, as well as the import of the national currency into its borders, is carried out in accordance with the procedure established by the Central Bank of the Russian Federation in conjunction with the Ministry of Finance and the State Customs Committee. Failure to comply with this procedure entails the invalidity of transactions in relation to the Russian currency (clauses 3 and 4 of Article 2 of the Law on Foreign Exchange Regulation).
In order to comply with currency legislation, a system of currency control bodies has been created. This system is subdivided into currency control authorities and their agents. In accordance with paragraph 2 of Art. 11 of the Law on Currency Regulation, the Central Bank of the Russian Federation and the Government of Russia are classified as currency control authorities, and the agents of currency control, as indicated in paragraph 3 of the same article, are organizations that may be assigned the functions of currency control by law.
In particular, authorized banks, which are accountable to the Central Bank of the Russian Federation (clause 4 of article 11 of the law), act as agents.
To implement the functions of the Government of Russia on currency control, a special body has been created - the Federal Service for Currency and Export Control.
The Federal Service for Foreign Exchange and Export Control, within its competence, monitors compliance with the legislation of the Russian Federation and departmental regulations governing the implementation of foreign exchange transactions. It controls the fulfillment by residents of obligations to the state in foreign currency, monitors the receipt of funds in foreign currency for foreign economic operations in authorized banks, and also performs a number of different functions in the field of control over the implementation of foreign exchange, export-import and other foreign economic transactions.
In accordance with the proposal of the Federal Service of Russia for Currency and Export Control, in order to implement at the local level a unified national policy in the field of organizing control and supervision over compliance with the legislation of the Russian Federation in the field of currency, export, import and other foreign economic transactions, the Government of the Russian Federation adopted a resolution on the currency control.
Control functions, as already mentioned, are carried out by authorized banks, as well as customs authorities.
In order to protect state interests in strengthening the economy, a number of legislative and regulatory acts have been adopted aimed at ensuring the repatriation of foreign exchange earnings received from exports.
Exporters are also liable for violations of currency laws. Thus, for violation of the provisions of the aforementioned instruction, exporters are uncontested fines collected. The responsibility of exporters is also stipulated in the Customs Code.
In accordance with the Decree of the President of the Russian Federation of June 14, 1992, No. 629, exporters are responsible for concealing foreign exchange earnings in the amount of all hidden earnings in foreign currency or its ruble equivalent. No applications for exemption from payment of fines for violation of the procedure for crediting foreign currency earnings to accounts with authorized banks are not considered.
Currency regulation- a type of state regulation of foreign economic activity, which is the regulation of the procedure for performing foreign exchange transactions.
The main normative act of foreign exchange legislation is the Law on Foreign Exchange Regulation. In addition to it, individual rules governing currency relations can be found in the provisions of the Law on Banks, the Law on the Bank of Russia, Federal Law No. 115-FZ of August 7, 2001 “On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes and Financing terrorism "in the Customs, Tax Codes, etc.
The Law on Currency Regulation discloses the basic concepts of currency relations: the currency of the Russian Federation, foreign currency, domestic and foreign securities, residents and non-residents, and also establishes currency regulation bodies, currency control bodies and agents, and fixes currency restrictions.
From the point of view of currency legislation, subjects engaged in foreign economic activity are residents or non-residents. When conducting foreign economic activity, they carry out currency operations ... The Currency Regulation Law does not define a currency transaction, but is limited to an exhaustive list of actions that are covered by this concept. According to clause 9 of Art. 1 of the aforementioned Law, foreign exchange transactions include:
a) acquisition by a resident from a resident and alienation by a resident in favor of a resident of currency values on legal grounds, as well as the use of currency values as a means of payment;
b) acquisition by a resident from a non-resident or by a non-resident from a resident and alienation by a resident in favor of a non-resident or by a non-resident in favor of a resident of currency values, Russian currency and domestic securities on legal grounds, as well as the use of currency values, Russian currency and domestic securities as a means of payment ;
c) acquisition by a non-resident from a non-resident and alienation by a non-resident in favor of a non-resident of currency values, Russian currency and domestic securities on a legal basis, as well as the use of currency values, Russian currency and domestic securities as a means of payment;
d) import into the Russian Federation and export from the Russian Federation of currency values, Russian currency and domestic securities;
e) transfer of foreign currency, Russian currency, domestic and foreign securities from an account opened outside the territory of the Russian Federation to the account of the same person opened in the territory of the Russian Federation, and from an account opened in the territory of the Russian Federation to the account of the same person opened outside the territory of the Russian Federation;
f) transfer by a non-resident of the currency of the Russian Federation, domestic and foreign securities from an account (from a section of an account) opened in the territory of the Russian Federation to an account (a section of an account) of the same person opened in the territory of the Russian Federation.
Thus, as S. V. Pykhtin correctly notes, based on the above list, three criteria can be distinguished for classifying certain actions as foreign exchange transactions:
their subject is monetary value;
their subject is a non-resident when performing actions with the currency of the Russian Federation or domestic securities;
there is a cross-border movement of currency values, Russian currency and domestic securities.
When carrying out currency transactions by residents and non-residents on the territory of the Russian Federation and (or) when carrying out currency transactions by residents abroad, their rights are subject to normatively enshrined currency restrictions .
It should be emphasized that currency restrictions continue to be widely applied throughout the world today. Among the most common foreign exchange restrictions, the following stand out: special provisions on foreign exchange transactions of banks; control over direct investments of non-residents; control over the acquisition of real estate by residents abroad and non-residents in the country; control over transactions of residents with securities in foreign currency; control over commercial loans in relation to non-residents; obligatory repatriation of export foreign exchange earnings.
Let's list the current currency restrictions, which are reflected in the Law on Currency Regulation:
Prohibition of foreign exchange transactions between residents (Art. 9);
Regulation of the procedure for the purchase and sale of foreign currency and checks (Art. 11);
The requirement to make settlements for foreign exchange transactions through bank accounts with authorized banks (Articles 13, 14);
Regulation of the procedure for opening accounts in banks located outside the territory of the Russian Federation (Article 12);
Establishing an exhaustive list of grounds for crediting funds to residents' accounts opened outside the territory of the Russian Federation (Article 12);
Limiting the range of foreign exchange transactions carried out on accounts opened with banks outside the territory of the Russian Federation (Article 12);
Repatriation by residents of foreign currency and the currency of the Russian Federation in the implementation of foreign trade activities (Art. 19);
Mandatory registration by residents of a transaction passport when carrying out foreign exchange transactions with non-residents (Article 20);
Regulation of the import into the Russian Federation and export from the Russian Federation of currency values, Russian currency and domestic securities (Article 15).
It should be said that currency restrictions do not have a closed list , since their individual types can be found in other regulatory legal acts, for example, Federal Law No. 176-ФЗ dated July 17, 1999 "On Postal Communication" establishes a ban on sending foreign currency in cash in postal items sent within the territory of the Russian Federation; The Federal Constitutional Law of December 17, 1997 No. 2-FKZ "On the Government of the Russian Federation" prohibits members of the Government of the Russian Federation to open and have accounts, store cash and valuables in foreign banks abroad.
We would like to emphasize that often participants in foreign economic activity are faced with claims of regulatory authorities regarding violations of the legislation on foreign exchange regulation. A significant number of cases are connected with bringing to administrative responsibility under parts 4 and 5 of Art. 15.25 of the Code of Administrative Offenses of the Russian Federation, which provides for liability for violations of the requirements for repatriation by residents of foreign currency and Russian currency in the course of foreign trade activities. At the same time, the imposition of an administrative fine on legal entities in an amount reaching the same amount of funds not returned to the Russian Federation can put a resident on the brink of financial ruin.
To ensure compliance with foreign exchange regulation, the Foreign Exchange Regulation Law provides for a system currency control , implemented by special bodies and special subjects - bodies and agents of foreign exchange control. There is no normative definition of currency control in the legislation. However, in the literature there is a whole palette of views regarding this term. So, L. G. Vostrikova understands currency control as a set of normatively fixed administrative and organizational measures carried out by state bodies or other organizations specially authorized on the basis of the law, and aimed at verifying compliance by residents and non-residents with the norms of currency legislation, preventing and suppressing currency offenses. D. V. Vinnitskiy believes that currency control is an activity aimed at ensuring compliance with currency legislation in the implementation of currency transactions. According to E. V. Pokachalova, foreign exchange control can be defined as the control of the Government of the Russian Federation, foreign exchange control bodies and agents in compliance with foreign exchange legislation.
Currency control authorities in the Russian Federation are the Bank of Russia, as well as federal executive bodies authorized by the Government of the Russian Federation. According to the RF Government Decree No. 278 of June 15, 2004 “On Approval of the Regulation on the Federal Service for Financial and Budgetary Supervision”, the federal executive body performing the functions of the currency control body is the Federal Service for Financial and Budgetary Supervision (Rosfinnadzor).
Currency control agents are authorized banks, the state corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)", as well as professional participants in the securities market, including registry holders (registrars), customs and tax authorities.
Control over the implementation of foreign exchange transactions by credit institutions is carried out by the Bank of Russia. In turn, control over the implementation of foreign exchange transactions by residents and non-residents, who are not credit institutions, is exercised within the limits of their competence by the federal executive authorities, which are foreign exchange control bodies, and foreign exchange control agents.
The Government of the Russian Federation coordinates the activities in the field of foreign exchange control of the federal executive authorities, which are foreign exchange control bodies, as well as their interaction with the Bank of Russia. The Government of the Russian Federation ensures the interaction of professional participants in the securities market, customs and tax authorities as agents of foreign exchange control with the Bank of Russia.
The Bank of Russia interacts with other currency control authorities, and also coordinates the interaction of authorized banks as currency control agents with currency control authorities and other currency control agents in the exchange of information.
Authorized banks, if they have information about a violation of acts of currency legislation and acts of currency regulation bodies by a person carrying out currency transactions, or about opening an account (deposit) with a bank outside the territory of the Russian Federation, are obliged to transfer the relevant information to the currency control body that has the right to impose sanctions on this person ... In addition, authorized banks as currency control agents transfer information to customs and tax authorities to perform the functions of currency control agents.
Control questions
1. Describe the system and elements of legal regulation of foreign economic activity.
2. What is the system of methods of state regulation of foreign economic activity?
3. Expand the essence of quotas, licensing, supervision, export control as methods of state regulation of foreign economic activity.
4. List the types of foreign exchange transactions.
5. Describe the exchange control system.
Literature
1. Currency law: textbook. allowance. 2nd ed. / DG Alekseeva [and others]. M .: Norma, 2008.
2. Efremova N.A. Legal regulation of foreign economic activity. M., 2007.
3. Kanashevsky V.A. Foreign economic transactions: substantive and conflict regulation. M .: Walters Kluver, 2008.
4. Nikolyukin S.V. Purchase and sale of goods in foreign trade. M .: Justicinform, 2010.
5. Legal regulation of foreign economic activity in the context of the entry of the Russian Federation into the World Trade Organization / GK Dmitrieva, IV Ershova [and others] / ed. G.K.Dmitrieva. M .: Norma, 2013.
6. Legal problems of the formation of interstate associations (on the example of the free trade zone and the EurAsEC customs union) / otv. ed. V. Yu. Lukyanova. M., 2013.
Conclusion
Studying the discipline "Business Law" will allow the bachelor to have the following professional competencies:
- in rule-making activities: participate in the development of regulatory legal acts in the field of entrepreneurship in accordance with the profile of their professional activities;
- in law enforcement: carry out professional entrepreneurial activities based on developed legal awareness, legal thinking and legal culture; ensure compliance with the legislation by business entities; make decisions and take legal actions in strict accordance with business law; apply normative legal acts, implement the norms of substantive law in professional entrepreneurial activity; legally correctly qualify facts and circumstances; have the skills to prepare legal documents necessary for doing business;
- in law enforcement: to fulfill official duties to ensure the rule of law and law and order, the safety of the individual, society, the state in the field of entrepreneurship; respect the honor and dignity of the individual, observe and protect the rights and freedoms of man and citizen; identify economic offenses; to carry out the prevention of offenses in the business environment, to identify and eliminate the causes and conditions conducive to their commission; correctly and fully reflect the results of professional entrepreneurial activity in legal and other documentation;
- in expert and consulting activities: interpret various legal acts of business law; provide qualified legal opinions and advice in specific types of business activities;
- in teaching: teach the legal discipline "Business Law" at the required theoretical and methodological level in educational institutions of secondary vocational education.
The knowledge gained in the framework of the academic discipline "Business Law" is necessary in the study of such branch legal sciences as banking, tax, international private law and arbitration. This tutorial meets the requirements of interdisciplinary communication.
A graduate can obtain in-depth knowledge of business law in a master's program while studying for a master's program "Legal support of business (business lawyer)", implemented by the Department of Business Law of the Moscow State Law University named after O. E. Kutafin (MSLA).
Continuity of education, its multilevel nature (bachelor - master - postgraduate student), continuous creative growth and systematic improvement of qualifications are the key to success in the professional career of a modern lawyer.
Good luck and success!
Notes (edit)
<< 1 >> V. V. Laptev Subjects of business law: textbook. allowance. M., 2003.S. 14.
<< 2 >> For details on the concept of business, see § 2 Ch. one.
<< 3 >> For more details see: Dedov D.I. Proportionality of restrictions on freedom of entrepreneurship. M., 2002.
<< 4 >> For more details see: E.P. Gubin State regulation of the market economy and entrepreneurship: legal problems. M., 2005.
<< 5 >> SZ RF. 2007. No. 49. Art. 6076.
<< 6 >> For self-regulation of entrepreneurial activity, see Ch. 15.
<< 7 >> See: Otnyukova G. D. On the question of the content of the course in entrepreneurial law // Entrepreneurial Law. 2005. No. 2.
<< 8 >> See: V.P. Mozolin Legal hide and seek // Law and Economics. 2010. No. 12.
<< 9 >> See: Shitkina I.S. Legal regulation of commercial organizations by internal (local) documents. M., 2003.
<< 10 >> For more details on the method of business law, see: Russian business law: textbook. / ed. I. V. Ershova, G. D. Otnyukova (author of chapter I. V. Ershova), 4th ed. M., Prospect. S. 10-11.
<< 11 >> Alekseev S. S. Right: ABC. Theory. Philosophy. Comprehensive research experience. M. 1999.S. 45.
<< 12 >> Tolstoy Yu.K. On teaching civil law at the present stage // Teaching business law in modern conditions. SPb., 1999. C. 43; V.P. Mozolin Modern doctrine and civil law. M .: Yustitsinform, 2008.S. 20-26.
<< 13 >> Andreev V.K. Actual problems of civil and business law in Russia: Moscow: Russian Academy of Justice, 2012. P. 15.
<< 14 >> The concept of private and public law: monograph / ed. V.I. Ivanov, Yu.S. Kharitonova. M .: UNITI-DANA, 2013.S. 77.
<< 15 >> V. V. Laptev Introduction to Business Law. M., 1994; V. V. Laptev Business law: concept and subjects. M., 1997; V. V. Laptev Subjects of business law. M., 2003.
<< 16 >> Commercial law: textbook / ed. V. K. Mamutova. Kiev. 2002.
<< 17 >> Martemyanov V.S. Commercial law: textbook T. 1.M., 1994.
<< 18 >> Andreev V.K. Actual problems of civil and business law in Russia. Moscow: Russian Academy of Justice, 2012.S. 5.
<< 19 >> Entrepreneurial (economic) law: textbook / ed. V.V. Laptev, S.S.Zankovsky (the author of the chapter - V.V. Laptev). M., 2006.S. 7.
<< 20 >> At the same time, E. A. Sukhanov admits that “both the legislation on entrepreneurship and the training course in entrepreneurial law are of a comprehensive nature, covering both private law and public law rules and structures. Taking into account the applied purposes of their identification, this is quite acceptable ”(Civil law: textbook / edited by E. A. Sukhanov. T. 1. M., 1998. S. 19).
<< 21 >> Civil law: textbook / ed. V.P. Mozolin, A.I. Maslyaeva. T. 1.M., 2003; V.P. Mozolin Modern doctrine and civil law. P. 26.
<< 22 >> Note that the theory of complex branches of law, substantiated by V.K. Raikher, was further developed in the works of such scientists as O.S. Ioffe, Yu.K. Tolstoy and others.
<< 23 >> Business law of the Russian Federation: textbook / ed. E.P. Gubina, P.G. Lakhno. 2nd ed. M., 2010.S. 73.
<< 24 >> Entrepreneurial law of Russia: textbook / ed. V.S.Belykh. M., 2008.S. 26.See also: Belykh V.S. Legal regulation of entrepreneurial activity in Russia: monograph. M., 2005.S. 32.
<< 25 >> Gushchin V.V., Gureev V.A. Entrepreneurial law of Russia: textbook 2nd ed. M., 2008. S. 49. Characteristics of business law as a complex branch of law is also presented: Business law: textbook / ed. N. M. Korshunova, N. D. Eriashvili, P. V. Alexia. 4th ed. M., 2008.S. 34.
<< 26 >> See: N. M. Korshunov Convergence of private and public law: problems of theory and practice. M., 2011.
<< 27 >> Commercial (entrepreneurial) law: textbook / ed. V.F.Popondopulo. T. 1. 4th ed. M., 2009.S. 15.
<< 28 >> Puginsky B.I. Commercial law of Russia: textbook M., 2005. S. 7-8.
<< 29 >> Andreeva L.V. Commercial (trade) law: textbook 3rd ed. M., 2012.S. 6.
<< 30 >> Belykh V.S. Legal regulation of entrepreneurial activity in Russia: monograph. M., 2005.S. 59.
<< 32 >> See, for example: Entrepreneurial (economic) law: textbook: in 2 volumes / ed. O. M. Oleinik. T. 1. M., 1999. T. 2. M., 2002; Entrepreneurial (economic) law: textbook / ed. V.V. Laptev, S.S.Zankovsky (the author of the chapter - V.V. Laptev). M., 2006.
<< 33 >> A. G. Bykov Entrepreneurial law: problems of formation and development // Bulletin of Moscow State University. Ser. 11. Right. 1993. No. 6. P. 8.
<< 34 >> See for example: A. G. Bykov the content of the course in business law and the principles of its construction. In the book: A. G. Bykov: Man, Scientist, Teacher. M .: Startup, 2013.S. 72.
<< 35 >> Bulletin of the RF Armed Forces. 2005. No. 1.
<< 36 >> Bulletin of the RF Armed Forces. 2006. No. 12.
<< 37 >> Resolution of the Plenum of the RF Armed Forces of June 10, 2010 No. 15 "On Amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 29, 2009 No. 22" On the Practice of Applying Preventive Measures by the Courts in the Form of Detention, Bail and House Arrest " // Bulletin of the RF Armed Forces. 2010. No. 8.
<< 38 >> Note that the draft amendments to the Civil Code of the Russian Federation propose a refusal of independent property rights of economic management with greater differentiation by subjects of operational management rights.
<< 39 >> For more details see: Apresova N.G. Risk in entrepreneurial activity // Entrepreneurial law (application). 2012. No. 2.
<< 40 >> McConnell K., Bru S. Economics. Principles, problems and policies. T. 1.M., 1992.
<< 41 >> See for example: O. A. Kabyshev Entrepreneurial Risk: Legal Issues. Abstract of the thesis. dis. ... can, d. jurid. sciences. M., 1996.S. 13; Popondopulo V.F. Commercial law: textbook M., 2003. S. 17; K. K. Lebedev Business and commercial law. SPb., 2002.S. 77; Entrepreneurial law of the Russian Federation: textbook / ed. E.P. Gubina, P.G. Lakhno. 2nd ed. M., 2010.S. 18.
<< 42 >> Belykh V.S. Legal regulation of entrepreneurial activity in Russia. Monograph. M., 2005.S. 46.
<< 43 >> The resolution is posted on the website of the Supreme Court of the Russian Federation on the Internet (http://www.supcourt.ru).
<< 44 >> Sey J. B. A Treatise on Political Economy. M., 1896.
<< 45 >> A. I. Kaminka Essays on commercial law. M., 2002.S. 18.
<< 46 >> VSND RSFSR. 1990. No. 30. Art. 418.
<< 47 >> Clause 2 of the Resolution of the Plenum of the RF Armed Forces of November 18, 2004 No. 23 "On judicial practice in cases of illegal entrepreneurship and legalization (laundering) of funds or other property acquired by criminal means."
<< 48 >> Entrepreneurial (economic) law: textbook / ed. O. M. Oleinik. T. 1.M., 1999.S. 20-21.
<< 49 >> See for example: Gerasimov A.A. Legal regulation of the activities of self-regulatory organizations: author. dis. ... Cand. jurid. sciences. M., 2011.S. 7.
<< 50 >> Schumpeter J. Economic development theory. M., 1982.S. 68.
<< 51 >> For the responsibility of business entities, see Ch. 12.
<< 52 >> Semeusov V.A., Tyukavkin A.A., Pakharukov A.A. Legal problems of entrepreneurial (economic) activity. Irkutsk, 2001.S. 10.
<< 53 >> Commercial law: textbook / ed. V. K. Mamutova, Kiev, 2002.S. 3.
<< 54 >> Entrepreneurial law of Russia: textbook / ed. V.S.Belykh. M., 2008.S. 19.
<< 55 >> Andreeva L.V. Commercial (trade) law: textbook. 3rd ed. M., 2012.S. 4.
<< 56 >> Determination of the Constitutional Court of the Russian Federation dated October 4, 2006 No. 441-О // Bulletin of the Constitutional Court of the Russian Federation. 2007. No. 2.
<< 57 >> Resolution of the Constitutional Court of the Russian Federation of July 18, 2008 No. 10-P // SZ RF. 2008. No. 31. Art. 3763.
<< 58 >> See, for example: Art. 152, 153 Civil Code of the RSFSR 1964
<< 59 >> Andreeva L.V., Ershova I.V. History of Russian entrepreneurial (economic) and commercial (trade) law. History of legal sciences in Russia: collection of articles. Art. ed. O. E. Kutafina. M., 2009.S. 329-353; N. M. Korshunov
<< 60 >> Resolution of the Constitutional Court of the Russian Federation of July 16, 2004 No. 14-P "In the case of checking the constitutionality of certain provisions of part two of Article 89 of the Tax Code of the Russian Federation in connection with the complaints of citizens A. D. Egorov and N. V. Chuev" // SZ RF. 2004. No. 30. Art. 3214. See also: decisions of the Constitutional Court of the Russian Federation of July 18, 2003 No. 14-P, of May 31, 2005 No. 6-P, of February 28, 2006 No. 2-P, of July 13, 2010 No. 16-P, etc.
<< 61 >> For more information on the history of commercial law see: Andreeva L.V., Ershova I.V. History of Russian entrepreneurial (economic) and commercial (trade) law. History of legal sciences in Russia: collection of articles. Art. ed. O. E. Kutafina. M., 2009. S. 329–353; N. M. Korshunov On the "experience" of free interpretation of the history of commercial law // "Black holes" in Russian legislation. 2005. No. 2.
<< 62 >> Shershenevich G.F. Commercial Law Textbook (1914 edition). M., 1994.S. 27-29.
<< 63 >> See: Sources of Russian commercial law: a collection of extracts from the Code of Laws, statutes, policy conditions and contracts. M., 1914.
<< 64 >> Shershenevich G.F. Decree. op. P. 27.
<< 65 >> P. P. Tsitovich Outline of the basic concepts of commercial law. M., 2001.
<< 66 >> A. I. Kaminka Essays on commercial law. M., 2002.
<< 67 >> For more details see: Isaev I.A. Formation of economic and legal thought in the USSR (20s). M., 1986.
<< 68 >> Lenin V.I. PSS. T. 44.S. 398.
<< 69 >> Ivanitsky D. I. The project of the commercial code // Bulletin of industry, trade and transport. 1924. No. 4.
<< 70 >> Gordon V.M. The system of Soviet trade law. Kharkov, 1927.
<< 71 >> Prushitsky S. Project of the Commercial Code and Civil Procedure // Soviet Justice Weekly. 1924. No. 1.
<< 72 >> See: Schreter W. The system of industrial law of the USSR. M., 1924.
<< 73 >> Gavze F. Basic principles of our economic and labor law // Weekly Soviet Justice. 1923. No. 28.
<< 74 >> Gintsburg L. Ya. On the Commercial Code of the USSR. Report, debate and closing remarks. M., 1933.
<< 75 >> The course of Soviet commercial law. T. 1.M .: Soviet legislation, 1938.
<< 76 >> Martemyanov V.S. Economic law. T. 1.M., 1994.S. 19.
<< 77 >> Martemyanov V.S. Legal tragedy // Business Law. 2004. No. 2.
<< 78 >> V. V. Laptev Subject and system of commercial law. M., 1969; V. V. Laptev Economic law. M., 1983.
<< 79 >> Martemyanov V.S. Economic law. T. 1.M., 1994.S. 21.
<< 80 >> Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR dated October 4, 1965, No. 729 "On improving planning and strengthening economic incentives for industrial production", etc.
<< 81 >> Commercial law: textbook / ed. V. S. Martemyanova. T. 2.M., 1994.
<< 82 >> Martemyanov V.S. Economic law. T. 1.M., 1994.S. V.
<< 83 >> SZ RF. 2001. No. 23. Art. 2277.
<< 84 >> See: Resolution of the Constitutional Court of the Russian Federation of June 29, 2004 No. / A "In the case of checking the constitutionality of certain provisions of Articles 7, 15, 107, 234 and 450 of the Criminal Procedure Code of the Russian Federation in connection with the request of the State Duma deputies."
<< 85 >> See details: Voplenko N. N. Sources and forms of law. Volgograd: VolGU Publishing House, 2004 .; Voplenko N.N., Rozhnov A.P. Law enforcement practice: concept, main features and functions. Volgograd: VolGU Publishing House, 2004.
<< 86 >> SZ RF. 2011. No. 19. Art. 2716.
<< 87 >> SZ RF. 2002. No. 52 (part 1). Art. 5140.
<< 88 >> SZ RF. 1996. No. 1. Art. one.
<< 89 >> SZ RF. 1998. No. 7. Art. 785.
<< 90 >> SZ RF. 2002. No. 48. Art. 4746.
<< 91 >> SZ RF. 2007. No. 31. Art. 4006.
<< 92 >> SZ RF. 2006. No. 31 (part 1). Art. 3434.
<< 93 >> SZ RF. 2003. No. 13. Art. 1177.
<< 94 >> SZ RF. 1996. No. 17. Art. 1918.
<< 95 >> SZ RF. 2006. No. 12. Art. 1232.
<< 96 >> SZ RF. 1995. No. 48. Art. 4553.
<< 97 >> SZ RF. 2003. No. 28. Art. 2895.
<< 98 >> SZ RF. 2010. No. 1. Art. 2.
<< 99 >> SZ RF. 2004. No. 32. Art. 3283.
<< 100 >> SZ RF. 2008. No. 52 (part 1). Art. 6249.
<< 101 >> SZ RF. 2002. No. 43. Art. 4190.
<< 102 >> SZ RF. 2002. No. 30. S. 3019.
<< 103 >> SZ RF. 2013. No. 19. Art. 2305.
<< 104 >> Article 4 of the Federal Law of June 14, 1994, No. 5-FZ "On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly" // SZ RF. 1994. No. 8. Art. 801.
<< 105 >> SZ RF. 2009. No. 4. Art. 445.
<< 106 >> SZ RF. 1997. No. 51. Art. 5712.
<< 107 >> VSND and RF Armed Forces. 1992. No. 6. Art. 290.
<< 108 >> SZ RF. 2012. No. 26. Art. 3509.
<< 109 >> SZ RF. 2011. No. 48. Art. 6931.
<< 110 >> SZ RF. 2012. No. 32. Art. 4549.
<< 111 >> See: Decree of the President of the Russian Federation of May 21, 2012 No. 636 "On the structure of federal executive bodies" // SZ RF. 2012. No. 22. Art. 2754.
<< 112 >> See in more detail: Decree of the Government of the Russian Federation of August 13, 1997 No. 1009 "On approval of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration"; Order of the Ministry of Justice of Russia dated May 4, 2007 No. 88 "On approval of the Clarifications on the application of the Rules for the preparation of normative legal acts of federal executive bodies and their state registration."
<< 113 >> For more details see: Federal Law No. 172-FZ of July 17, 2009 "On Anti-Corruption Expertise of Regulatory Legal Acts and Draft Regulatory Legal Acts"; Decree of the Government of the Russian Federation of August 13, 1997 No. 1009 "On approval of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration"; Resolution of the Government of the Russian Federation of February 26, 2010 No. 96 “On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts”.
<< 116 >> SZ RF. 1998. No. 24. Art. 2733.
<< 117 >> SZ RF. 2005. No. 17. Art. 1556.
<< 119 >> Approved Decree of the Government of the Russian Federation of June 5, 2008 No. 437 // SZ RF. 2008. No. 24. Art. 2867.
<< 120 >> Approved Decree of the Government of the Russian Federation of June 5, 2008 No. 438 // SZ RF. 2008. No. 24. Art. 2868.
<< 122 >> SZ RF. 2003. No. 40. S. 3822.
<< 123 >> SZ RF. 1995. No. 29. Art. 2757.
<< 124 >> Protocol on the accession of the Russian Federation to the Marrakesh Agreement establishing the World Trade Organization dated April 15, 1994 (Geneva, December 16, 2011); Federal Law No. 126-FZ of July 21, 2012 "On Ratification of the Protocol on the Accession of the Russian Federation to the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994" // SZ RF. 2012. No. 30. Art. 4177.
<< 125 >> See: e.g. Art. 309, 311, 314 of the Civil Code of the Russian Federation.
<< 126 >> See: for example: Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of July 14, 1998 No. 2122/98 “The buyer is obliged to check the quantity and quality of the goods received in the manner prescribed by law, other legal acts, agreement or business customs, and on any discrepancies identified or defects in the goods, immediately notify the supplier in writing ”; Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of November 16, 1999 No. 383/99 “Failure to perform actions arising from the customs of business turnover or the essence of the obligation is a delay of the creditor, which gives the debtor the right to compensation for losses and releases him from the obligation to pay interest for the period of delay of the creditor ".
<< 127 >> See: e.g .: Zhuikov V.M. The role of clarifications of the Plenum of the Supreme Court of the Russian Federation in ensuring the unity of judicial practice and protection of human rights // Commentary on the decisions of the Plenum of the Supreme Court of the Russian Federation in civil cases. M., 1999.S. 15; V. M. Lebedev Judicial practice and development of legislation // Legislation of Russia in the XXI century: based on the materials of the scientific and practical conference. M., 2002.S. 42; Malko A.V., Kuptsova S.F. Judicial practice as a form of judicial law // Actual problems of jurisprudence. 2012. No. 4. S. 3-5.
<< 128 >> BVS RF. 2005. No. 1.
<< 129 >> Resolution of the Constitutional Court of the Russian Federation of April 21, 2003 "In the case of checking the constitutionality of the provisions of paragraphs 1 and 2 of Article 167 of the Civil Code of the Russian Federation in connection with complaints of citizens O. M. Marinicheva ... and V. M. Shiryaev" // Bulletin of the Constitutional Court of the Russian Federation. 2003. No. 3.
<< 130 >> SZ RF. 1998. No. 14. Art. 1514.
<< 131 >> See: Bonner A.T., Yastrzhembsky I.A. Review of the book "Judicial practice as a source of law" // State and Law. 2001. No. 9.P. 120.
<< 132 >> SZ RF. 2009. No. 1. Art. 15.
<< 133 >> SZ RF. 2001. No. 33. Part 1. Art. 3431.
<< 134 >> SZ RF. 1994. No. 32. Art. 3302.
<< 135 >> Air Force of the RSFSR. 1990. No. 30. Art. 418. In connection with the adoption of part 1 of the Civil Code of the Russian Federation, the Law became invalid, with the exception of Art. 34, 35. Articles 34-35 of the said Law became invalid in connection with the adoption and entry into force of the Registration Law.
<< 136 >> See: Popondupolo V.F. Legal regime of entrepreneurship. SPb., 1994.S. 22; Kurbatov A. Ya. The combination of private and public interests in the legal regulation of entrepreneurial activity. M., 2001.S. 126-127.
<< 137 >> Totiev K. Yu. Business law. M., 2003.S. 130.
<< 138 >> Theory of state and law / otv. ed. V.D. Perevalov. M., 2004.S. 315-316.
<< 139 >> In accordance with Art. 86 1 of the Civil Code of the Russian Federation, a peasant (farm) economy can be created and registered as a legal entity.
<< 140 >> For business requirements, see chapter 14.
<< 141 >> For self-regulatory organizations see chapter 16.
<< 142 >> V. V. Laptev Business law. Concept and subjects. M., 1997.S. 39.
<< 143 >> Martemyanov V.S. Economic law. Volume 1.M., 1994.S. 52; V. V. Laptev Decree. op. P. 40.
<< 144 >> Martemyanov V.S. Decree. op. S. 118-119. V.V. Laptev believes that the subjects of business law in vertical (managerial) relations are the authorities. V. V. Laptev Decree. op. P. 135.
<< 145 >> V. V. Laptev Decree. op. S. 53-54.
<< 146 >> A.E. Piletskiy Problems of legal personality and autonomy of will in entrepreneurial activity // Materials of the international scientific conference on April 29, 2004: Development of economic legislation at the present stage. M., 2004.S. 61.
<< 147 >> V. V. Laptev Decree. op. P. 56.
<< 148 >> Totiev K. Yu. Business law: textbook. M., 2003.S. 143.
<< 149 >> For liability see chapter 12.
<< 150 >> There is another point of view: managers, members of the governing bodies of a legal entity are business entities, since they use economic resources in order to make a profit. See: Entrepreneurial law of the Russian Federation: textbook / ed. Gubina E. P., Lakhno P. G. M., 2003. S. 130. In fact, entrepreneurial activity is carried out by a legal entity, and the actions of the governing bodies of a legal entity, managers, managers are considered as actions of a legal entity. The debtor organization is responsible to creditors for the actions of its manager and other employees (Articles 53, 402 of the Civil Code of the Russian Federation).
<< 151 >> All these signs are indicated: see. V. V. Laptev Business law: concept and subjects. M., 1997.S. 54-56.
<< 152 >> SZ RF. 2002. No. 4. Art. 251.
<< 153 >> For more details see: Makarova O.A. Legal status of joint stock companies with state participation. SPb., 2011.
<< 154 >> For more details see: Mogilevsky S. D. Management Bodies of Business Companies: Legal Aspect. M., 2001.
<< 155 >> For non-profit organizations, see § 3 chap. 5.
<< 156 >> V. V. Toniyan Problems of improving legislation on the creation of commercial organizations. M., Jurisprudence. S. 21, 23.
<< 157 >> For state registration of business entities, see Ch. 17.
<< 158 >> SZ RF. 2004. No. 31. Art. 3215.
<< 159 >> SZ RF. 2011. No. 48. Art. 6726.
<< 160 >> Approved Decree of the Government of the Russian Federation of February 3, 2010 No. 52 // SZ RF. 2010. No. 6. Art. 660.
<< 161 >> Bulletin of the Supreme Arbitration Court of the Russian Federation. 2009. No. 6.
<< 162 >> For more details see: Gavrilov E. On the right to a firm name // Economy and Law. 2008. No. 10.
<< 163 >> Commentary on the Civil Code of the Russian Federation. In 2 volumes. V. 1. Part one, second of the Civil Code of the Russian Federation (edited by T. E. Abova, A. Yu. Kabalkin). Institute of State and Law of the Russian Academy of Sciences. 6th ed., Rev. and add. M .: Yurayt, 2011 // SPS "Garant".
<< 164 >> For more details see: Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of July 30, 2013 No. 61 "On some issues in the practice of considering disputes related to the reliability of the address of a legal entity."
<< 165 >> See also: Resolution of the Federal Antimonopoly Service of the Moscow District of June 17, 2011 in case No. A40-102201 / 2010; Resolution of the FAS of the Far Eastern District of August 18, 2008 in case No. A16-76 / 2008 and others.
<< 166 >> For more details on the capitals and funds of commercial organizations, see § 8 Ch. 7.
<< 167 >> Martemyanov V.S. Economic law. Lecture course. M., 1994.Vol. 1.P. 68.
<< 168 >> Russian business law: textbook / otv. ed. prof. I. V. Ershova, prof. GD Otnyukova (chapter by E.V. Trofimova). M., 2012.S. 179.
<< 169 >> BNA RF. 2007. No. 25.
<< 170 >> Clause 9 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 13, 2000 No. 50 "Review of the practice of resolving disputes related to the liquidation of legal entities (commercial organizations)" // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2000. No. 3.
<< 171 >> Clauses 9, 10 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated August 13, 2004 No. 84 "On some issues of the application by arbitration courts of Article 61 of the Civil Code of the Russian Federation" // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2004. No. 10.
<< 172 >> Business law of the Russian Federation: textbook / ed. E.P. Gubina, P.G. Lakhno. Moscow, 2003.S. 264.
<< 173 >> SZ RF. 1996. No. 3. Art. 145.
<< 174 >> Citizens have the right to create horticultural, horticultural or dacha non-profit partnerships, consumer cooperatives or horticultural, horticultural or dacha non-profit partnerships on the basis of the Federal Law of April 15, 1998 No. 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens" // SZ RF. 1998. No. 16. Art. 1801.
<< 175 >> RF Law of July 7, 1993 No. 5340-1 "On Chambers of Commerce and Industry in the RF" // RF Air Force. 1993. No. 33. Art. 1309.
<< 176 >> The creation and operation of homeowners' associations is governed by the norms of Section VI of the RF LC. From the day the RF LC entered into force on March 1, 2005, the Federal Law of June 15, 1996 "On Homeowners Associations" became invalid.
<< 177 >> Clause 18 of the Appendix to the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 30, 1998 No. 32. Review of the practice of resolving disputes related to the application of antimonopoly legislation // Judicial practice in economic affairs / comp. I. V. Ershova. M., 2001. S. 278-279.
<< 178 >> Federal Law of December 8, 1995 No. 193-FZ "On Agricultural Cooperation" // SZ RF. 1995. No. 50. Art. 4870.
<< 179 >> SZ RF. 2011. No. 48. Art. 6726.
<< 180 >> SZ RF. 2003. No. 13. Art. 1177.
<< 181 >> See: Shevchenko O. M. Legal regulation of the organized market: analysis of innovations in Russian legislation // Entrepreneurial law (appendix) 2012. No. 2. P. 24.
<< 182 >> SZ RF. 1996. No. 17. Art. 1918.
<< 183 >> SZ RF. 2001. No. 49. Art. 4562.
<< 184 >> Until September 1, 2013, the regulation of investment funds was carried out by the Federal Service for Financial Markets (FFMS of Russia).
<< 185 >> A mutual investment fund is a separate property complex consisting of property transferred to the trust management of the management company by the founder (s) of trust management with the condition of combining this property with the property of other founders of trust management, and from the property received in the process of such management, a share in the right ownership of which is certified by a security issued by the management company. A mutual investment fund is not a legal entity.
<< 186 >> The list of documents confirming compliance with the licensing conditions submitted by license applicants for obtaining licenses to operate investment funds, approved by the Government of the Russian Federation of October 6, 2008 No. 744 // SZ RF. 2008. No. 41. Art. 4683.
<< 187 >> Regulations on the composition and structure of assets of joint-stock investment funds and assets of mutual investment funds approved by order of the Federal Financial Markets Service of Russia dated December 28, 2010 No. 10-79 / pz-n // BNA. 2001. No. 18. See also the Procedure and terms for determining the value of the net assets of joint-stock investment funds, the value of the net assets of joint-stock investment funds per share, approved. by order of the Federal Financial Markets Service of Russia dated June 15, 2005 No. 05-21 / pz-n // BNA. 2005. No. 29.
<< 188 >> The list of documents confirming compliance with the licensing conditions submitted by license applicants for obtaining licenses to carry out activities for the management of investment funds, approved by the Government of the Russian Federation of October 6, 2008 No. 744.
<< 189 >> Order of the Federal Financial Markets Service of Russia dated May 24, 2011 No. 11-23 / pz-n established the standard for the adequacy of equity capital of investment fund management companies - 80 million rubles. // RG. 2011. No. 135.
<< 190 >> Regulations on the reporting of the joint-stock investment fund and the reporting of the management company of the mutual investment fund approved. Resolution of the Federal Commission for the Securities Market of Russia dated October 22, 2003 No. 03-41 / ps // Bulletin of the Federal Commission for the Securities Market of Russia. 2003. No. 11.
<< 191 >> BNA. 2004. No. 19.
<< 192 >> The list of documents confirming compliance with the license conditions submitted by license applicants for obtaining licenses for the activities of specialized depositories of investment funds, approved by the Government of the Russian Federation of October 6, 2008 No. 744.
<< 193 >> See also Resolution of the Federal Commission for the Securities Market of Russia dated February 10, 2004 No. 04-3 / ps "On the regulation of the activities of specialized depositories of joint-stock investment funds, mutual funds and non-state pension funds" // SZ RF. 2001. No. 49. S. 4562.
<< 194 >> VSND RF. 1993. No. 2. Art. 56.
<< 195 >> See for example: Part 3 of Art. 249 of the Merchant Shipping Code of the Russian Federation dated April 30, 1999, No. 81-FZ // SZ RF. 1999. No. 18. Art. 2207.
<< 196 >> See: Art. 5 of the Federal Law of November 29, 2007 No. 286-FZ "On mutual insurance" // SZ RF. 2007. No. 49. Art. 6047; Art. 6 of the Federal Law of July 16, 1999 No. 165-FZ "On the foundations of compulsory social insurance" // SZ RF. 1999. No. 29. Art. 3686; Art. 12 of the Federal Law of November 29, 2010 No. 326-FZ "On compulsory medical insurance in the Russian Federation" // SZ RF. 2010. No. 49. Art. 6422.
<< 197 >> See, for example: Order of the Ministry of Finance of Russia dated July 27, 2012 No. 109-n “On the accounting (financial) statements of insurers”.
<< 198 >> For more details see: Federal Law No. 208-FZ of July 27, 2010 "On Consolidated Financial Statements" // SZ RF. 2010. No. 31. Art. 4177.
<< 199 >> See: Clause 5, Part 1, Art. 5 of the Federal Law of December 30, 2008 No. 307-FZ “On Auditing”; Art. 5 of the Federal Law of July 27, 2010 No. 208-FZ "On Consolidated Financial Statements".
<< 200 >> See: Decree of the Government of the Russian Federation of April 26, 2011 No. 326 "On some issues of the activities of federal executive bodies in the field of financial markets."
<< 201 >> SZ RF. 2007. No. 31 Art. 4006.
<< 202 >> SZ RF. 2011. No. 50. Art. 7344.
<< 203 >> SZ RF. 2013. No. 14. Art. 1652.
<< 204 >> SZ RF. 2005. No. 30 (part I). Art. 3105.
<< 205 >> SZ RF. 2008. No. 52 (part I). Art. 6249.
<< 206 >> See: Results of continuous federal statistical observation of the activities of small and medium-sized businesses in 2010. In 3 volumes. Official edition. Moscow: ISC "Statistics of Russia", 2012.
<< 207 >> Decree of the Government of the Russian Federation of February 9, 2013 No. 101 "On the limit values of proceeds from the sale of goods (works, services) for each category of small and medium-sized businesses" // SZ RF. 2013. No. 7. Art. 646. Note that the approved indicators are identical to the previous ones, which were established by the decree of the Government of the Russian Federation of July 22, 2008 No. 556. It is important that this decree entered into force from the day of its official publication (July 28, 2008) and was extended to legal relations arising from January 1, 2008 by the Decision of the Supreme Court of the Russian Federation of November 20, 2008 No. GKPI08-1914, the giving of this act retroactively was recognized as not contradicting the current legislation.
<< 208 >> Smagina I.A. Taxation of small businesses // Law and Economics. 2007. No. 11.
<< 209 >> For more details see: Apresova N.G. New special tax regime - patent taxation system // Entrepreneurial Law (appendix). 2013. No. 2.
<< 210 >> See: Ershova I.V. Accounting: systemic changes in legal regulation // Law and Economics. 2012. No. 9; Ershova I.V. Accounting according to new rules // Law and Economics. 2012. No. 10.
<< 211 >> For more details see: Terekhova V.A. On the simplification of accounting (financial) reporting for small businesses // Everything for an accountant. 2013. No. 2.
<< 212 >>
<< 213 >> SPS "Garant".
<< 214 >> SZ RF. 2008. No. 30 (part I). Art. 3615.
<< 215 >> SZ RF. 2002. No. 4. Art. 251.
<< 216 >> Bulletin of the Supreme Arbitration Court of the Russian Federation. 2009. No. 12.
<< 217 >> See: Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of July 6, 2010 No. 2468/10 // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2010. No. 10.
<< 218 >> See: Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of June 14, 2011 No. 337/11 // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2011. No. 9.
<< 219 >> Resolution of the Constitutional Court of the Russian Federation of December 20, 2010 No. 22-P "In the case of checking the constitutionality of part 8 of Article 4 and parts 2, 3 and 4 of Article 9 of the Federal Law" On the Specifics of Alienation of Real Estate Owned by the State of the Subjects of the Russian Federation or in municipal ownership and leased by small and medium-sized businesses, and on amendments to certain legislative acts of the Russian Federation "in connection with the complaint of the administration of the city of Blagoveshchensk" // SZ RF. 2011. No. 1. Art. 264.
<< 220 >> It should be noted that the Law on the Contract System expands the opportunities for small enterprises to participate in procurement for state and municipal needs in comparison with the Federal Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services state and municipal needs ".
<< 221 >> Bulletin of the Supreme Arbitration Court of the Russian Federation. 2013. No. 1.
<< 222 >> Decree of the Government of the Russian Federation of May 6, 2008 No. 358 "On approval of the Regulations on maintaining registers of small and medium-sized businesses - recipients of support and on the requirements for technological, software, linguistic, legal and organizational means of ensuring the use of these registers" // SZ RF ... 2008. No. 19. Art. 2190.
<< 223 >> See: Federal Law No. 151-FZ of July 2, 2010 “On Microfinance Activities and Microfinance Organizations”. For more details see A. A. Tarasenko Microfinancing of small and medium-sized businesses // Entrepreneurial law (appendix). 2013. No. 2.
<< 224 >> See, for example: Rules for the distribution and provision of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation for state support of small and medium-sized businesses, including peasant (farmer) enterprises, approved by the RF Resolution of February 27, 2009 No. 178; Resolution of the Government of the Russian Federation of August 21, 2010 No. 645 "On property support for small and medium-sized businesses in the provision of federal property."
<< 225 >> For more details see: Trofimova E.V. Acquisition and confirmation of the status of a small and medium-sized business entity (for example, the city of Moscow) // Entrepreneurial law (appendix). 2013. No. 2.
<< 226 >> SZ RF. 1997. No. 30. Art. 3594.
<< 227 >> Actual problems of state property rights are highlighted: Andreev V.K. State property rights in Russia. M .: Delo, 2004.
<< 228 >> VSND and the RSFSR Armed Forces. 1992. No. 3. Art. 89.
<< 229 >> Regulation on the accounting of federal property approved. Decree of the Government of the Russian Federation of July 16, 2007 No. 447 "On improving the accounting of federal property" // SZ RF. 2007. No. 34. Art. 4237.
<< 230 >> Law of the city of Moscow of December 26, 2007 No. 53 "On the property treasury of the city of Moscow" // Bulletin of the Mayor and the Government of Moscow. 2008. No. 6.
<< 231 >> SZ RF. 2002. No. 48. Art. 4746.
<< 232 >> Scientific and practical analysis of the legal regime of economic management and operational management is presented: Ershova I.V. Enterprise property and finance. Legal regulation. M., Yurist. 1999; Ershova I.V. Problems of the legal regime of state property in economic circulation. M., Jurisprudence. 2001; Petrov D.V. The right of economic management and the right of operational management. SPb., Legal Center Press. 2002.
<< 233 >> Bulletin of the Supreme Arbitration Court of the Russian Federation. 2010. No. 6.
<< 234 >> Bulletin of the Supreme Arbitration Court of the Russian Federation. 1996. No. 9.
<< 235 >> A.V. Venediktov State socialist property. M .; L., 1947.
<< 236 >> See, for example: Regulations on a socialist state production enterprise, approved by the decree of the Council of Ministers of the USSR of October 4, 1965, No. 731 // SP USSR. 1965. No. 19–20. Art. 155; See also: Laptev V.V. Legal status of state industrial enterprises in the USSR. M., Ed. Academy of Sciences of the USSR. 1963.
<< 237 >> Approved by the Presidential Council for the Codification and Improvement of Civil Legislation on October 7, 2009
<< 238 >> SZ RF. 1998. No. 8. Art. 963.
<< 240 >> VSND and RF Armed Forces. 1993. No. 32. Art. 1242. The law is no longer valid.
<< 241 >> Approved by order of the Ministry of Finance of Russia dated March 30, 2001 No. 26n "On approval of the Accounting Regulations" Accounting for fixed assets "PBU 6/01" // BNA. 2001. No. 20.
<< 242 >> Approved by order of the Ministry of Finance of Russia dated October 13, 2003 No. 91n "On approval of the Methodological guidelines for the accounting of fixed assets" // BNA. 2004. No. 4.
<< 243 >> All-Russian Classifier of Fixed Assets OK 013-94 (OKOF), approved by Resolution of the Gosstandart of Russia dated December 26, 1994 No. 359. Developed taking into account the International Standard Industrial Classification of all Economic Activities (ISIC), the International Standard Industrial Classification of all Economic Activities (ISIC), the International Basic Product Classifier (CPC) Central Product Classification (CPC) ).
<< 244 >> Fixed assets consist of tangible (fixed assets) and intangible (intangible assets) fixed assets.
<< 245 >> See the Order of the Ministry of Finance of Russia dated November 28, 2001, No. 97n "On the approval of the Instructions on the reflection in the accounting of organizations of transactions related to the implementation of a property trust agreement" // RG. 2001. No. 255.
<< 246 >> SZ RF. 2011. No. 50. Art. 7344.
<< 247 >> The replacement (current) cost of fixed assets is understood to be the amount of money that must be paid by the organization on the date of the revaluation if it is necessary to replace any object.
<< 248 >> Resolution of the Government of the Russian Federation of January 1, 2002 No. 1 "On the Classification of Fixed Assets Included in Depreciation Groups" // Rossiyskaya Gazeta. 2002. No. 3.
<< 249 >> Approved by the Order of the Ministry of Finance of the Russian Federation of December 27, 2007 No. 153-n // RG. 2.02.2008. No. 22.
<< 250 >> Approved by order of the Ministry of Finance of Russia dated June 9, 2001 No. 44n "On approval of the Accounting Regulations" Accounting for inventories "PBU 5/01" // BNA. 2001. No. 31.
<< 251 >> Approved by order of the Ministry of Finance of Russia dated December 28, 2001 No. 119n "On approval of the Methodological guidelines for the accounting of inventories" // BNA. 2002. No. 11.
<< 252 >> Approved by order of the Ministry of Finance of Russia dated December 26, 2002 No. 135n "On approval of the Methodological guidelines for the accounting of special tools, special devices, special equipment and special clothing" // BNA. 2003. No. 17.
<< 253 >> A. E. Samsonova On the question of the information function of money in financial law // Financial Law. 2011. No. 3. S. 11-14.
<< 254 >> M. V. Karaseva Money in finance law. M .: Jurist, 2008.S. 13, 14.
<< 255 >> SZ RF. 2003. No. 21. Art. 1957.
<< 256 >> Bulletin of the Bank of Russia. 2011. No. 66.
<< 257 >> Russian business law: textbook / L. V. Andreeva, T. A. Andronova, N. G. Apresova [and others]; otv. ed. I. V. Ershova, G. D. Otnyukova. 4th ed. M .: Prospect, 2012.S. 349.
<< 258 >> Bulletin of the Bank of Russia. 2012. No. 34.
<< 259 >> Schimansky, Bunte, Lwowski. Bankrechts-Handbuch 4. Auflage 2011.
<< 260 >> Shevchuk M.V. The legal nature of electronic money // Lawyer. 2012. No. 12. S. 30-34.
<< 261 >> Information letter of the Supreme Arbitration Court of the Russian Federation of 05/31/2000 No. 52 "Review of the practice of resolving disputes by arbitration courts related to the application of legislation on currency regulation and currency control" // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2000. No. 7.
<< 262 >> See: Kushnareva I. The agreement is expressed in foreign currency, but is executed in rubles. Why should the company's lawyer doubt the advisability of such a condition // Company lawyer. 2008. No. 8.
<< 263 >> The version of the Federal Law of July 2, 2013 No. 142-FZ "On Amendments to Subsection 3 of Section I of Part One of the Civil Code of the Russian Federation", effective from October 1, 2013.
<< 264 >> SZ RF. 1996. No. 17. Art. 1918.
<< 265 >> For more details on the issuance procedure, see § 2 of Chapter 27.
<< 266 >> SZ RF. 2003. No. 46 (part 2). Art. 4448.
<< 267 >> See e.g. Shevchenko G.N. Equity securities: concept, issue, circulation. M .: Statut, 2006.S. 54; Bushev A. Yu. On the place of mortgage securities in the system of measures for the development of mortgage lending in Russia // Issuer. 2004. No. 40 (72). P. 46.
<< 268 >> SZ RF. 1998. No. 31. Art. 3813.
<< 269 >> Decree of the Government of the Russian Federation of February 1, 2007 No. 60 "On the procedure for publishing federal valuation standards" // SZ RF. 2007. No. 6. Art. 767. In accordance with Art. 20 of the Law on Appraisal Activity, approved federal appraisal standards and methodological instructions on state cadastral appraisal are not subject to state registration.
<< 270 >> The official website of the Ministry of Economic Development on the Internet - http://www.economy.gov.ru
<< 274 >> Approved by order of the Ministry of Economic Development of Russia dated October 22, 2010 No. 508 // Bulletin of Rosreestr. 2011. No. 3.
<< 275 >> ICSO was founded in 1981 and today unites professional organizations of appraisers in more than 50 countries of the world. Russia was admitted to the ICSC in 1995 and is represented in it by the Russian Society of Appraisers (ROO), which has the right to translate and publish international valuation standards in Russian. For more details see: Commentary to the Federal Law of July 29, 1998 No. 135-FZ "On appraisal activities in the Russian Federation" (itemized) / ed. S. N. Bratanovsky // SPS "Garant". 2012.
<< 276 >> The official site of the ICSO on the Internet http://www.ivsc.org.
<< 277 >> Resolution of the Federal Arbitration Court of the Moscow District of October 31, 2002 No. KA-A40 / 7268-02 // ATP "Garant".
<< 278 >> Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 30, 2005 No. 92 "On consideration by arbitration courts of cases challenging the appraisal of property made by an independent appraiser" // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2005. No. 7.
<< 281 >> SZ RF. 2002. No. 43. Art. 4190.
<< 282 >> Previously, the Law of the Russian Federation of November 19, 1992 No. 3929-1 "On insolvency (bankruptcy) of enterprises" was in force // Vedomosti SND and the RF Armed Forces. 1993. No. 1. Art. 6; Federal Law of January 8, 1998 No. 6-FZ "On Insolvency (Bankruptcy)" // SZ RF. 1998. No. 2. Art. 222.
<< 283 >> SZ RF. 1999. No. 9. Art. 1097.
<< 284 >> The Arbitration Procedure Code of the Russian Federation of July 24, 2002, No. 95-FZ (in particular, Chapter 28) // SZ RF. 2002. No. 30. Art. 3012.
<< 285 >> Resolution of the Government of the Russian Federation of June 5, 2008 No. 437 "On the Ministry of Economic Development of the Russian Federation" // SZ RF. 2008. No. 24. Art. 2867. See, for example: Order of the Ministry of Economic Development of Russia dated August 3, 2004 No. 219 “On the Procedure for Voting of the Body Authorized to Present in Bankruptcy Cases and meetings of creditors "(RG. 2004. No. 207. 22 Sept.).
Foreign exchange regulation of foreign economic activity in the Russian Federation is carried out on the basis of the Law of the Russian Federation "On Currency Regulation and Currency Control" dated October 9, 1992 and the Decree of the President of the Russian Federation of November 21, 1995 "On Priority Measures to Strengthen the Currency Control System in the Russian Federation."
Types of foreign exchange transactions for the export and import of goods, works, services that can be carried out by individual entrepreneurs and legal entities - residents without the permission of the Central Bank of Russia in accordance with the agreements concluded by them are listed in the Regulation of the Central Bank "On changing the procedure for conducting certain types of foreign exchange transactions in the Russian Federation ". These include:
- transfer by a resident of foreign currency from the Russian Federation, as well as to a foreign currency account opened in the name of a non-resident with an authorized bank, as payment for imported goods in case of their import into the Russian Federation (customs clearance of goods), regardless of the time that has passed since customs clearance (import into RF) before the date of payment;
- transfer by a resident of foreign currency from the Russian Federation, as well as transfer of foreign currency to a foreign currency account opened in the name of a non-resident with an authorized bank, as payment for the imported work performed, the imported services rendered in the event that the resident accepts the specified work performed (the corresponding stage of work), the services rendered regardless of the period that has passed from the moment of their acceptance to the date of the payment made by the resident;
- crediting by a resident to his foreign currency account opened with an authorized bank in the Russian Federation, amounts in payment for goods (work, services) exported by him before customs clearance of these goods for export, acceptance by a non-resident of work performed, services rendered, regardless of the period from the date of receipt of payment by the resident to customs registration of goods, acceptance by a non-resident of work performed, services rendered.
According to the current procedure, the subjects foreign economic activity regardless of the form of ownership, they are obliged to sell half of the foreign exchange earnings from the export of goods (works, services) in the domestic foreign exchange market of the Russian Federation through authorized banks. For these purposes, authorized banks open two foreign currency accounts for enterprises and institutions: transit and current. The transit account is intended for crediting all currency receipts in full, including proceeds from the sale of goods, works and services in foreign currency in the territory of the Russian Federation. The current account records foreign exchange funds remaining at the disposal of the enterprise after the obligatory sale of part of the foreign exchange earnings.
On behalf of the enterprise, authorized banks make the obligatory sale of part of the foreign exchange earnings of enterprises from their transit accounts. Compulsory sale is carried out from the entire amount of receipts in foreign currency, including in the form of advances or prepayment. The rest of the foreign exchange earnings are transferred to the current foreign exchange accounts of enterprises.
The following types of foreign exchange earnings are subject to mandatory sale:
- currency funds received from residents as payments made from their current accounts, at the expense of funds remaining at their disposal after the mandatory sale of part of the currency earnings;
- currency funds purchased on the domestic foreign exchange market of the Russian Federation;
- foreign currency funds received from residents to transit foreign currency accounts of intermediary organizations in payment for the cost of goods imported on their behalf from current foreign currency accounts (including commission);
- currency funds received from non-residents as: contributions to statutory funds; income (dividends) from participation in capital; income from the sale of securities; income (dividends) on securities: attracted loans (deposits, deposits); amounts in repayment of loans provided (deposits, deposits); interest on loans, deposits and deposits; donations to charities.
Before the implementation of the mandatory sale of a part of export foreign exchange earnings, enterprises may make the following expenses from their transit foreign currency accounts (except for expenses that are to be charged to the profit and loss account): payment in favor of non-residents of transportation, insurance and freight forwarding; payment in favor of residents (to their transit currency accounts in authorized banks) for transportation, insurance and freight forwarding through the territory of foreign states and in international transit traffic; payment of export duties (with the permission of the RF Ministry of Finance) and customs procedures: other expenses in cases permitted by the Central Bank of the RF.
The mode of crediting to accounts the currency received from operations in the domestic foreign exchange market differs from the procedure for crediting foreign exchange earnings from the export of goods (works, services). Foreign exchange earnings from the sale of goods (works, services) in the domestic market; currency bought on the stock exchange and in the bank; foreign currency donations and other types of foreign exchange transactions in the domestic foreign exchange market are directly credited to the current foreign exchange account.
The foreign exchange funds located on the current foreign exchange account of an economic entity form its foreign exchange fund.
Important areas of foreign exchange regulation of foreign economic activity are foreign exchange control and restriction of foreign exchange circulation on the territory of the Russian Federation. In order to restrict the export of capital from the country, which is most often carried out by concealing foreign exchange earnings abroad, the following measures of foreign exchange control over import operations are envisaged:
- settlement of foreign economic transactions of residents, providing for the import of goods into the customs territory of the Russian Federation, only through the accounts of residents who have entered into or on whose behalf transactions have been concluded with non-residents;
- Resident importers who have entered into or on whose behalf transactions have been concluded that provide for the transfer of foreign currency from the Russian Federation in order to purchase goods, are obliged to import goods, the cost of which is equivalent to the amount of money paid for them in an amount not less than previously transferred, within 180 calendar days from the date payment for goods (unless otherwise established by the Central Bank of the Russian Federation);
- Resident importers in case of non-fulfillment or improper fulfillment of this provision shall be liable in the form of a fine in the amount equivalent to the amount of foreign currency previously transferred to payment for the goods. A fine is not imposed in cases confirmed by the relevant documents, if the goods at the time when the risks were borne by the Russian side, were destroyed, irretrievably lost due to an accident or force majeure, a shortage that occurred due to natural wear and tear or loss under normal conditions of transportation and storage, or goods left the possession of the Russian side due to illegal actions of bodies or officials of a foreign state, or the return of the amount transferred in payment for goods turned out to be impossible due to force majeure or illegal actions of bodies or officials of a foreign state. The collection of a fine imposed on a resident importer is carried out in rubles at the exchange rate of the ruble against foreign currencies established by the Central Bank of the Russian Federation as of the date of debiting of funds, and is carried out by the Federal Service of Russia for Currency and Export Control.
The sale of goods, works and services for cash foreign currency is prohibited on the territory of the Russian Federation since January 1, 1994 (with the exception of trade in duty-free shops). In certain cases, it is allowed to sell goods (works, services) for foreign currency using other types of settlements accepted in international practice, including using credit cards, as well as non-cash. Citizens (both residents and non-residents) for foreign currency can be sold:
- foreign-made goods purchased by bank transfer for foreign currency either directly from non-residents or from a Russian intermediary organization that purchased them from a non-resident;
- hotel services;
- bar and restaurant services;
- life and health insurance services for citizens traveling abroad, their luggage and vehicles, as well as civil liability of vehicle owners traveling abroad;
- insurance services for citizens of purchased goods of foreign origin;
- services for the transportation of non-resident passengers and their baggage across the territory of the Russian Federation;
- services for the carriage of passengers (residents and non-residents) and their baggage in international traffic;
- international communication services;
- international tourism services;
- services for organizing training (internships) for resident citizens abroad;
- services for organizing training (internships) for non-resident citizens in the Russian Federation.
The sale of goods, works and services for foreign currency is possible subject to the receipt of an appropriate permit from the Central Bank of the Russian Federation, which indicates the places where such a sale can be carried out.
Control over the observance of the established procedure for carrying out currency transactions is entrusted to the Central Bank of the Russian Federation and the Federal Service of the Russian Federation for Currency and Export Control, which are currency control bodies in the territory of the Russian Federation.
All calculations used in the foreign economic activity of enterprises are regulated by state bodies in accordance with the Law of the Russian Federation "On Currency Regulation and Currency Control"
Currency regulation - the activities of state bodies to manage the circulation of currency, control currency transactions, influence the exchange rate of the national currency, and restrict the use of foreign currency.
EXCHANGE CONTROL - control of the competent authorities of the state and their agents over the observance of currency legislation in the implementation of currency transactions, an integral part of financial control and customs control. The bodies of currency control in the Russian Federation are the Central Bank of the Russian Federation, as well as the Government of the Russian Federation, agents are authorized banks and other organizations that, in accordance with the legislative acts of the Russian Federation, can exercise the functions of currency control. As an integral part of customs control, currency control means that the customs authorities perform the necessary actions aimed at observing the procedure for moving currency and currency values across the customs border of the Russian Federation established by law and other regulatory legal acts by individuals and legal entities.
The currency control authorities, within their competence, issue normative acts that are binding on all residents and non-residents of the Russian Federation. They determine the procedure and forms of accounting, reporting and documentation on foreign exchange transactions of residents and non-residents. In accordance with Article 11 of the Law of the Russian Federation "On Currency Regulation and Currency Control", the bodies of currency control in the Russian Federation are the Central Bank of the Russian Federation, as well as the Government of the Russian Federation in accordance with Russian law. So the Central Bank of the Russian Federation:
determines the scope and procedure for circulation of foreign currency and securities in foreign currency in the Russian Federation;
issues regulations;
conducts all types of foreign exchange transactions
establishes the rules for residents and non-residents in the Russian Federation to conduct transactions with foreign currency and securities in foreign currency, as well as the rules for non-residents in the Russian Federation to conduct transactions with the currency of the Russian Federation and securities in the currency of the Russian Federation
establishes the procedure for the mandatory transfer, import and transfer of foreign currency and securities in foreign currency owned by residents to the Russian Federation, as well as the cases and conditions for residents to open accounts in foreign currency in banks outside the Russian Federation
establishes general rules for issuing licenses to banks and other credit institutions to carry out foreign exchange transactions and issues such licenses
establishes uniform forms of accounting, reporting, documentation, statistics of currency transactions, including by authorized banks, as well as the procedure and terms for their provision
prepares and publishes statistics of foreign exchange transactions of the Russian Federation in accordance with accepted international standards
performs other functions provided for by the laws of the Russian Federation
Currency control agents are organizations that, in accordance with the legislative acts of the Russian Federation, can exercise currency control functions. Currency control agents are accountable to the relevant currency control authorities (for example, authorized banks are currency control agents accountable to the Central Bank of the Russian Federation, and authorized banks are understood as banks that have received licenses from the Central Bank of the Russian Federation to conduct currency transactions).
In accordance with Art. 12 of the Law of the Russian Federation “On Currency Regulation and Currency Control”, agents, as well as authorities, carry out inspections of currency transactions of residents and non-residents in the Russian Federation.
Persons carrying out foreign exchange operations in the Russian Federation, for the purposes of currency and legal regulation, are divided into residents and non-residents.
In accordance with currency legislation, residents are:
individuals with permanent residence in the Russian Federation, including those temporarily outside the Russian Federation
legal entities established in accordance with the legislation of the Russian Federation, headquartered in the Russian Federation
organizations that are not legal entities, created in accordance with the legislation of the Russian Federation, headquartered in the Russian Federation
diplomatic and other official representations of the Russian Federation located outside the Russian Federation
branches and representative offices of residents located outside the Russian Federation - legal entities and organizations that are not legal entities
Non-residents include
individuals with permanent residence outside the Russian Federation
legal entities created in accordance with the legislation of foreign states, located outside the Russian Federation
organizations that are not legal entities, created in accordance with the legislation of foreign states, located outside the Russian Federation
foreign diplomatic and other official representations located in the Russian Federation, as well as international organizations, their branches and representative offices
branches and representative offices of non-residents located in the Russian Federation - legal entities and organizations that are not legal entities
All legal entities and individuals of the CIS member states are considered as non-residents, unless otherwise established by special agreements of the Russian Federation with these states.
At the enterprise level, currency regulation is carried out within the framework of the currency and financial conditions of foreign economic contracts, which include:
the currency of the price and the method for determining it,
payment currency,
conversion rate of the price currency into the payment currency if they do not match,
various clauses that protect the parties from currency risks as a result of changes in the exchange rate,
settlement terms (cash or on credit),
payment form,
means of payment (bills, checks, etc.)
Among the main forms of settlements in the foreign economic activity of enterprises are collection, letter of credit, bank transfer, open account, advance payments. Of great importance are and are actively used in the conduct of transactions of collection and letter of credit, involving the guarantee of payments under the agreement by banks participating in settlements.
Settlement scheme for collection
In accordance with the concluded agreement, the exporter sends the goods to the importer
Transfer of documents to the bank and instructions to issue for collection
The documents are sent to the recipient's bank
The beneficiary's bank informs the beneficiary that the documents have arrived and that he has fulfilled the collection conditions
Fulfillment of the collection condition by the buyer, transfer of documents to him
Transferring money to the seller's bank
The money is credited to the exporter's account
Settlement scheme for a letter of credit
The importer instructs his bank to open a letter of credit
Instructions are sent to the exporter's bank
The bank informs the exporter that it has received instructions to open a letter of credit
The exporter sends the goods to the importer
The exporter uses the letter of credit - transfers the documents to the bank
After checking the documents, the bank pays the amount of the letter of credit to the exporter
The documents are sent to the importer's bank
Documents are checked and sent to the importer
Another common form of manifestation of foreign exchange relations is international lending operations.
Lending in foreign economic activity is a temporary transfer of funds, goods and other valuables on terms of urgency, repayment, payment, as a rule, in the form of interest for use.
In international practice, the following types of foreign currency loans are distinguished:
branded or commercial - banking
government - brokerage
provided by international organizations
Corporate (commercial) loan- a traditional lending instrument provided by an exporter to a foreign buyer in the form of a deferred payment.
Types of corporate (commercial) loans:
bill of exchange, - for collection form of settlements,
on an open account - purchases' advances.
Bank loan- lending by banks to foreign economic activity of enterprises
Bank loan types:
acceptance, - factoring
acceptance-reimbursement, - forfeiting
loans to the buyer