Interbudgetary relations as an object of judicial protection

 
PIIS102694520011319-1-1
DOI10.31857/S102694520011319-1
Publication type Article
Status Published
Authors
Occupation: associate Professor, Head of the Department of Administrative and Financial Law
Affiliation: Russian state University of justice, the North Caucasian branch
Address: Krasnodar, Russian Federation
Journal nameGosudarstvo i pravo
EditionIssue 9
Pages82-91
Abstract

The article considers the individual judicial regulation of interbudgetary relations, carried out by the highest judicial bodies of the Russian Federation. The provisions formulated in judicial acts on the elimination of arbitrariness in the distribution of budgetary funds, the predictability and timeliness of their provision, the inadmissibility of an arbitrary refusal of a public law education to finance its obligations, performs the functions of the principles of intergovernmental relations and can be evaluated as a significant complement to the legal guarantees of participants in these relations. It has been established that the inclusion in the rules for the provision of interbudgetary transfers of norms that determine the conditions for receiving state social help does not correspond to the subjective characteristics of interbudgetary relations, complicates the right to judicial protection and must be overcome through independent regulation of relations for the provision of interbudgetary transfers, and relations arising at the stage implementation of measures of social support for citizens.

Keywordsinterbudgetary relations, judicial protection, individual judicial regulation, principles of interbudgetary relations, expenditure powers, revenue sources, para-fiscalities, quasi-taxes, interbudgetary transfers
Received13.03.2020
Publication date29.09.2020
Number of characters36303
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1. Andreeva E.M. Financial and legal bases of mutual delegation of powers of subjects of public power in the Russian Federation: dis. ... Doctor of Law. M., 2018. P. 6 (in Russ.).

2. Vasilieva N.V. Limits of public fiscal responsibility: issues of legal regulation // Problems of modern legislation of Russia and foreign countries: proceedings of the VIII International scientific and practical conference (Irkutsk, September 27, 2019). Irkutsk, 2019. P. 120 - 124 (in Russ.).

3. Vasilieva N.V. Improving public revenues: a systematic approach // Lex Russia. 2017. No. 2. P. 76 (in Russ.).

4. Vasyanina E.L. Theoretical bases of legal regulation of public revenues in the Russian Federation: dis. ... Doctor of Law. M., 2016. P. 207 (in Russ.).

5. Vershinin V.B. Institute of judicial protection: signs and essence // Herald of the Tomsk state University. Issue 6 (86). 2010. P. 305 - 309 (in Russ.).

6. Vorontsov O. G. Action of the principles of the budget system of the Russian Federation in relation to mandatory payments of fiscal orientation // Actual problems of Russian law. 2017. No. 7. P. 39 - 48 (in Russ.).

7. Grebennikov V.V. Human rights function of the court and judicial law-making in Russia // State and Law. 2017. No. 8. P. 5 (in Russ.).

8. Ershov V.V. Legal and individual regulation of public relations. M., 2018. P. 21 (in Russ.).

9. Zorkin V.D. The Constitutional Court of Russia: doctrine and practice. M., 2018. P. 342 (in Russ.).

10. Ilyin A.V. Subject of judicial activity and protection of the rights of participants in budgetary legal relations: dis. ... PhD in Law. SPb., 2010. P. 2 (in Russ.).

11. Karaseva M.V. Some trends in the development of financial and legal regulation at the present stage // Herald of the Kutafin University. 2014. No. 4. P. 77 (in Russ.).

12. Klimanov V.V., Yagovkina V.A. Judicial practice on disputes from relations on execution of transferred powers (obligations) of social character // Financial Law. 2013. No. 7. P. 18 (in Russ.).

13. Peshkova H.V. Questions of tax and budget legal relations in judicial practice. M., 2017. P. 17, 70 - 74 (in Russ.).

14. Rybakova S.V., Pyatkovskaya Yu. V. Delineation of expenditures between budgets: problems of legal regulation // Sibir legal herald. 2018. No. 2. P. 35 - 41 (in Russ.).

15. Selyukov A.D. The concept of conflict as the basis of a dispute in the budget sphere // Financial Law. 2019. No. 11. P. 14 (in Russ.).

16. Financial and legal regulation of mandatory payments paid to the Federal budget of the Russian Federation / ed. by I.A. Tsindeliani. M., 2018 (in Russ.).

17. Sheveleva N.A., Gusarova M.I. Jurisdiction of cases arising from inter-budgetary relations: interpretation of legislation in the practice of arbitration courts and courts of General jurisdiction // Law. 2012. No. 8. P. 94 (in Russ.).

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