Audit practice often outpaced the creation of a regulatory framework. A significant number of audit companies sought to quickly develop the relevant market, expanded various types of services, rendered services to various business entities, which often led to an insufficient level of exactingness on the quality of inspections. From time to time it was even a violation of legal norms, as well as the issuance of opinions on the results of the procedure for a fee, that is, without a real audit. This state of affairs has entrusted to the bodies that regulate the audit. activity, the most important task associated with the quality control of inspections. In our article, we will consider the concept and legal regulation of audit activity in the territory of the Russian Federation.
Single regulatory document
In connection with the events described above, there was an urgent need to create a single regulatory document. Thus, in August 2001, the “Interim Audit Rules” was replaced by a full-fledged Federal Law of 13.07.2001 “On Auditing Activities”. Over the 8 years of the existence of the presented Law, a large number of significant amendments and additions were made to it, which ultimately led to the appearance in December 2008 of a new Federal Law of December 30, 2008 “On Auditing Activities”. It is he who is the main guide to legal regulation and organization of audit activities in Russia.
What is approved by law?
Consider the category of legal regulation of audit activities in accordance with the said Law. So, it approved the following points:
- Definition of a category, and also audit activity; list of services that accompany the audit.
- The system of regulations and bodies that regulate this type of activity.
- Determination of the audit structure, as well as the association of self-regulatory auditors.
- The procedure for audit certification and the justification for the need for its implementation.
- Criteria for entry into the register of SROs (i.e., self-regulatory organizations), as well as indicators of membership of auditors and audit structures.
- The order of conduct of state. register of SRO and register of audit companies and auditors.
- Cases of compulsory audit.
- The concept and separation of audit standards.
- Definition of an audit opinion and its structure.
- Obligations and rights of audit companies and audited entities in the implementation of the audit.
- The procedure for supervision of the work of SROs by the state, as well as quality control of the work of audit organizations.
Place of audit in economic activity
As it turned out, the legal regulation of audit activities is primarily carried out through the Federal Law "On Auditing". This Law gives a certain place to audit in financial and economic activities. It is worth noting that for Russia this is important because historically there was such a picture that control by the state was almost the only kind of control. So, it was necessary to find out the place and role, regardless of the form of financial control, which is the audit.
Legal regulation of audit activity in the Russian Federation: other sources
The Federal Law "On Auditing" is considered the most important normative act, but not only does it make fundamental requirements for this type of activity. To date, the Russian Federation has approved a mixed type concept in relation to audit regulation. In addition, all the main components of the system of legal regulation of audit activity in the Russian Federation are defined by law. It should be noted that a mixed regulatory system is implemented not only with the help of laws and acts of the by-law plan, which are issued by state bodies, but also through regulatory acts of organizations of a public nature.
Levels of regulations
There are four levels to regulatory acts in the regulatory system of auditing. Let's consider them in more detail:
- First level. Documents: laws, decrees, codes of federal significance. Bodies: Government of the Russian Federation, President of the Russian Federation, Federal Assembly, State Duma.
- Second level. Documents: orders, decrees, professional auditors code of ethics, audit standards, federal audit standards. Bodies: Ministry of Finance, Government, Department of State Regulation fin. control, audit, accounting. accounting and reporting.
- Third level. Documents: standards of public type organizations, codes of prof. ethics of public structures, their provisions and methodological guidelines (within the limits of their respective powers). Bodies: organizations of self-regulatory type auditors.
- Fourth level. Documents: rules for the implementation of quality control, internal standards. Bodies: audit-type organizations, individual entrepreneurs engaged in this activity.
First level of regulation
The 1st level of legal regulation of audit activity in the Russian Federation is presented by the Tax Code of the Russian Federation, Civil Code of the Russian Federation, Federal Law "On Auditing Activities", Federal Law "On Self-Regulatory Organizations", Federal Law "On the Central Bank of the Russian Federation", the Law entitled "On Joint-Stock Companies", etc. . There are also state regulations. authorities. Among them, it is important to note the decree of the Government of the Russian Federation "On issues of state regulation of audit activity in the Russian Federation" and so on. It is on the basis of these normative acts that the legal regulation of audit activity by the state is implemented.
Second level of regulation
The second level of legal regulation of audit and audit activity consists of the following documents: national code prof. ethics of auditors, standards of this type of activity at the federal level, guidelines and regulations that are issued within the limits of a certain competence by the authorized federal structure for regulating this activity on the part of the state, that is, the Ministry of Finance of Russia. It is advisable to include the order of the Ministry of Finance of Russia under the title “Temporary Provisions on the System of Certification, Further Training and Training of Auditors in the Russian Federation”, as well as “Temporary Provisions on the Organization and Implementation of Control over Compliance by Auditors with Standards (Rules) of Professional Activities and Professional Ethics,” ", which was approved by the Audit Council under the Ministry of Finance of Russia on October 30, 2008, and so on.
Third level of regulation
At the third level of legal regulation of audit activity - regulatory acts prof. audit associations. It should be noted that they are published by these structures exclusively within their own competence. As a rule, normative acts are represented by codes of prof. ethics of self-regulatory organizations, standards of self-regulatory organizations of specialists in this field, as well as methodological provisions and guidelines that are issued by self-regulatory organizations within a certain competence.
Fourth level of regulation
The fourth level of legal regulation of auditing in Russia is advisable to include specific rules for the implementation of internal control in an enterprise or organization in terms of quality. In addition, this includes internal methodologies and standards. All of them are developed directly by audit organizations or individual entrepreneurs promoting the corresponding type of activity.
Self-regulatory organizations
It is worth noting that through regulatory acts of levels 3 and 4, which underlie the legal regulation of audit activities, self-regulation of the audit takes place. The Federal Law "On Self-Regulating Organizations" is engaged in regulating relations related to the activities of such organizations. These relations unite subjects of professional or entrepreneurial activity, interact with self-regulatory structures and their members, as well as consumers of manufactured products (services, works), executive bodies.
What determines the federal law?
It is important to know that the Federal Law "On Self-Regulating Organizations" explains the following points:
- The concept of self-regulation, as well as subjects of this category.
- The subject of self-regulation, the rules and standards of self-regulatory structures, general criteria for the recognition of non-profit organizations of the SRO type. The content of self-regulation is the development and subsequent establishment of the rules and standards of a certain type of activity and, of course, control over the implementation of the requirements of certain rules and standards.
- The structure of governing bodies, key functions, duties and rights of self-regulatory organizations.
- The need to develop and subsequently approve SRO rules and standards, as well as the formation of specialized structures for monitoring the implementation of SRO members.
- The order of performance of control functions in relation to self-regulatory organizations that relate to the activities of their members.
- Methods of ensuring the property type of liability of SRO members directly to consumers of marketable products (services, works), as well as to other persons.
It should be added that Russian standards in this case are called the Federal Audit Rules. activities (FPSAD).
FPSAD Category
It is interesting to know that the first FPSAD - there were six of them, they entered into force back in 2003. Since then, the standards have been constantly updated and improved. Their editing is associated both with the development of the audit market, the dynamics of eq. activity on the territory of Russia, as well as with the changes taking place in the international practice of auditing, the identification and subsequent generalization of fundamentally new cases that the auditor encounters in the process of implementing professional activities.
At the end of 2010, there were about 34 FPSAD. They were adopted in accordance with the already inactive Federal Law of 08/07/2001 "On Auditing Activities" and approved through a resolution of the Government of the Russian Federation of September 23, 2002. It should be borne in mind that these standards will not lose relevance until the approval by the authorized federal structure of audit standards, which are provided for by the new Law of 30.12.2008 "On Audit Activities", at the federal level.
You need to know that FPSAD currently covers the system of information that is necessary for the implementation of audit activities both in terms of audit and related services. They form common requirements for the provision of this type of service, the design of their results, as well as for assessing the quality of the audit.
The requirements of FPSAD are needed by auditors and state regulatory structures to create and implement competent policies in the field of audit.Conformity of domestic standards with international one way or another provides confidence in the audit report from users both within the Russian Federation and abroad.
Final part
So, we examined the main aspects of the legal regulation of audit activities in Russia. In conclusion, it should be noted that the development of audit should be based on the best world achievements, as well as on the practice of functioning of domestic organizations and enterprises. It should combine the existing achievements of specialists in the field of audit and consulting, as well as contribute to the self-improvement of the audit. further activities.
