Budget law of the Russian Federation is the main section of financial law. It includes all sorts of norms. They determine the structure of the existing budget system, the main list of expenses and revenues, as well as the procedure for their distribution between all existing budgets. Sources of budget law, not including the above norms, include a large number of other factors. Not everyone knows about them today.
According to their content, the norms of budget law are divided into two types. They are procedural and material. The latter consolidate the used structure of the budget system, as well as the general list of expenses and revenues in various budgets and their subsequent distribution between other budgets. Sources of budget law also include norms that determine the procedure for the preparation and subsequent consideration, approval, as well as the execution of local or state budgets. Among other things, these rules establish a clear procedure for the formation and approval of reports on the implementation of the compiled estimates of cash income and expenses.
What are they?
Sources of budget law are specific external forms of its expression, that is, various legal acts of various executive and representative bodies of local self-government or state power engaged in the regulation of public relations in the public sector.
The system of such sources is based on the fact that various functions of this activity are carried out by all parts of the existing state mechanism, based on the principle of separation of powers. This suggests that the various legal acts by which each budget process is regulated are issued by all existing government bodies, as well as various local governments within their competence. Thus, the general source system includes:
- Constitution
- federal laws;
- international treaties and declarations;
- decisions of the Constitutional Court;
- various orders and decrees issued by the president of the Russian Federation;
- regulatory legal acts relating to various executive bodies.
Classification
In the existing regulatory mechanism, a rather large role is played by the classification of sources, the main criterion of which is the work of various legal acts. Therefore, various standards that apply throughout Russia are highlighted, as well as those whose legal force applies only to certain subjects of the Russian Federation or the municipality.
The sources of the first type are the Constitution, decisions of the Constitutional Court, all kinds of international treaties and declarations, and presidential decrees. The second group should include the individual constitutions of the constituent entities of the Russian Federation and their laws, as well as decisions of their constitutional courts and standards adopted by local executive bodies.
Budget Code
The most important place among all sources is BC, which was adopted for the first time in 1998. In accordance with it, the general principles of this legislation are established, as well as the organization and further work of the entire budget system. In addition, on the basis of it, a host of other rules and legal norms are determined, including the legal basis of the procedure and possible prosecution for any violations of budget legislation and much more.
The Budget Code itself includes 5 parts, each of which contains 32 chapters. Initially, in the current legal system of Russia, it was decided to add standards to the structure of budget legislation that would allow regulating credit relations with the state and various municipal entities. Some of its chapters are also devoted to municipal and state debt or various loans granted by Russia to other states.
The BC becomes especially important when the budget process is regulated between several bodies, the provisions on them are also highlighted in a separate chapter.
Features and Benefits
An undoubted advantage of the BC is the presence of the fourth part in it, with the help of which the concept of “violation of budget legislation” is determined, the composition of budget offenses is established and a clear procedure is established for holding accountable for such violations.
Its feature is the provision of integrated regulation of all existing budgetary relations that occur on the territory of the Russian Federation. Thus, BC norms determine not only various substantive rights and obligations of participants in such relations. They also allow you to clearly regulate the budget process for all levels, as well as determine the basis of municipal and state control over finances.
BC norms provide extremely detailed regulation of budgetary activity at the federal level, while for municipal or regional relations the basic principles of budget competence are determined at this territorial level.
What does this right include?
In accordance with applicable law, the main sources of budget law are the Budget Code of the Russian Federation, as well as various federal budget laws that are adopted in accordance with it for a specific year. It also includes various regulatory legal acts of representative bodies of local self-government related to local budgets for a given period of time, and other federal laws.
Budget Relations
Public relations, regulated by the norms of budget law, ultimately take the form of relevant legal relations. In accordance with current legislation, such legal relations include any relations that arise between entities when the budget process is regulated:
- The creation of revenues or the implementation of expenses at various levels of the budgets of the state system of the Russian Federation, as well as in the implementation of municipal and state borrowings and the regulation of the corresponding debt.
- Drafting and further consideration of the drafted budgets of each level of the state system, as well as approval and subsequent execution, including control over all stages.
Device
If we consider the sources of budget law, then the budget here is the main financial plan of the country, and also provides a detailed list of its expenses and income. In terms of its material content, it is a centralized state fund of monetary funds.
It must be correctly understood that the budget plays an extremely important role in the economic and political life of any country. Russia is a federal state. Therefore, the sources of budget law are its federal budget, as well as funds from various entities.
The state system provides the required funding for the socio-economic development of the country, and also pays for defense and many other pressing needs. The development of the budget is carried out on the basis of a carefully prepared forecast of socio-economic development of the state for a specific year.
The budgetary legal relations of the state are determined by its structure, established in accordance with the Constitution. The Russian Federation is a legal, federal and democratic state that respects the republican form of government. The country includes territories, regions, republics, autonomous regions and districts, as well as cities of federal significance, which are equal subjects of the budget law of the Russian Federation.
The budget system includes a combination of republican, provincial, regional, federal and many other other budgets and is an element of the general financial system.
Structure
Fundamentals of budget law provide for three main levels of budget structure:
- Federal.
- Subjects of the Russian Federation.
- Local.
Extrabudgetary can be divided into social and economic, depending on their purpose, and regional, local and federal, depending on the level of management. The most important and largest in this case are federal ones, which include:
- State Employment Fund.
- Pension Fund.
- Social Insurance Fund.
- Compulsory Health Insurance Fund.
Retirement
The Pension Fund is included in the subjects of budget law and has a regime determined by the relevant regulation of 1991. He is directly subordinate to the government and, accordingly, provides him with an annual report on his work. The budget of this fund is annually approved by the highest legislative bodies of the country, and its funds are entirely state property.
The formation of the Pension Fund is carried out in the constituent entities of the Russian Federation and at the federal level, which ensures timely and full payments to each pensioner, regardless of where he worked or lives.
The rule of budget law in relation to the Pension Fund provides for several sources of its formation:
- insurance premiums paid by employers;
- insurance premiums made by employees of various enterprises;
- appropriations from the federal budget that are allocated for the payment of pensions and all kinds of benefits;
- funds reimbursed by the employment fund in connection with the appointment of early payments to the unemployed;
- various voluntary contributions.
This is only the main list of funding sources for this fund, while there are several others.
What is it for?
First of all, the concept of budget law considers the Pension Fund as a tool for the targeted collection and accumulation of financial resources for the subsequent payment of pensions or cash benefits for children, as well as the organization of their further financing. It is also used for long-term participation in various regional or federal financial programs related to social support of the population. Among other things, it also provides expanded reproduction of its financial resources, based on the principles of self-financing and many others.
Social insurance fund
This fund is created with the aim of financing expenses related to social insurance. The budget law system considers various insurance contributions from employers and citizens engaged in entrepreneurial activity, as well as many other incomes, as the main sources of this fund. All funds that are accumulated in this way are subsequently used to pay various benefits related to temporary disability of citizens, pregnancy and childbirth at the birth of a child, if necessary, to take care of the child and to ensure a number of other social insurance purposes.
Compulsory Health Insurance Fund
In accordance with applicable law, the principles of budget law are considered by federal and territorial funds of this type. As a legal basis for the work of any such bodies, there are various provisions that were approved in accordance with the decisions of the Supreme Council of February 24, 1993.
The work of these funds is aimed at ensuring the full implementation of the state policy in the field of compulsory medical insurance for workers as an integral part of the general system of state insurance. The formation of federal bodies is an initiative of the government of the Russian Federation, while territorial bodies are formed in accordance with the initiatives of the authorities of certain republics and other constituent entities of the Russian Federation.
The main sources that ensure the formation of such funds are insurance contributions of various business entities, as well as budget allocation and other income. All funds received in this way are ultimately used to provide compulsory health insurance, as well as other activities related to this.
The budget of the federal fund, as well as the reports on its work, are mandatory every year considered by the State Duma in the course of the meetings.
