Features of the application of measures of legal responsibility for the misuse of budget funds (2017)
CONTENT
Introduction 3
1. Grounds for the establishment and implementation of the institute of legal responsibility for the misuse of budgetary funds 6
1.1 the Concept of budgetary funds and the purpose of their use 6
1.2 Types of liability for the misuse of budget funds 7
1.3 Bringing to legal responsibility for the improper use of budgetary funds: problems of law enforcement practice 11
2 Features of ensuring the targeted use of budgetary funds measures of administrative and criminal liability 17
2.1 Measures of administrative responsibility for the misuse of budget funds 17
2.2 Criminal penalties for misuse of budget funds 18
Conclusion 28
List of sources used and literature 30
LIST OF SOURCES USED AND LITERATURE
I. Regulatory and other official documents
1. The Constitution of the Russian Federation of December 12, 1993 (as amended on July 21, 2014 No. 11-FKZ) // Rossiyskaya gazeta. - 2009. - № (7) 4831. - 21 jan.
2. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended and additional dated February 7, 2017 No. 12-FZ) // Collected legislation of the Russian Federation. 1994. № 32. Art. 3301.
3. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended and added April 17, 2017 No. 71-ФЗ) // Meeting of the legislation of the Russian Federation. 1996. № 25. Art. 2954.
4. Budget Code of the Russian Federation dated July 31, 1998 No. 145-ФЗ (as amended and added March 28, 2017 No. 48-ФЗ) // Collected Legislation of the Russian Federation. 1998. № 31. Art. 3823.
5. Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ (as amended and added April 17, 2017 No. 78-ФЗ) // Collected Legislation of the Russian Federation. 2002. № 1 (part 1). Art. one.
Ii. Practice materials
1. Resolution of the Constitutional Court of the Russian Federation of June 17, 2004 No. 12-P "On the case of verifying the constitutionality of clause 2 of Article 155, clauses 2 and 3 of Article 156 and paragraph twenty-two of Article 283 of the Budget Code of the Russian Federation in connection with requests from the Administration of Petersburg, the Legislative Assembly of the Krasnoyarsk Territory, the Krasnoyarsk Regional Court and the Arbitration Court of the Republic of Khakassia "// Russian newspaper. 2004. № 134. June 25.
2. Resolution of the Plenum of the Higher Arbitration Court of the Russian Federation of June 22, 2006 No. 23 “On some issues of application by arbitration courts of the norms of the Budget Code of the Russian Federation” [Electronic resource]: URL:
http://www.arbitr.ru (appeal date: 22.04 .2017).
3. Resolution of the FAS GUS of October 23, 2008 No. А33-6240 / 2008-Ф02-5153 / 2008 [Electronic resource]: ATP ConsultantPlus (circulation date: April 20, 2017).
4. Resolution of the FAS VVO dated July 20, 2009 No. A82-4094 / 2009-28 [Electronic resource]: ATP Consultant Plus (appeal date: 04/20/2017).
5. Resolution of the Second Arbitration Court of Appeal of June 24, 2014 in case No. A17-7679 / 2013 [Electronic resource]: ATP Consultant Plus (appeal date: 04/21/2017).
6. Resolution of the Seventh Arbitration Court of Appeal of May 5, 2010 No. 07АП-3097/10 [Electronic resource]: ATP Consultant Plus (appeal date: 04/20/2017).
7. Decision of the Arbitration Court of the Republic of North Ossetia-Alania, dated April 24, 2014, in case number A61-4468 / 2013 [Electronic resource]: ATP ConsultantPlus (appeal date: 04/26/2017).
8. The decision of the Arbitration Court of the Altai Territory of April 3, 2015 in case number A03-6129 / 2014 [Electronic resource]: ATP Consultant Plus (appeal date: 04/22/2017).
9. The decision of the Arbitration Court of the Kemerovo Region dated February 2, 2015 in case No. A27-22591 / 2014 [Electronic resource]: ATP Consultant Plus (appeal date: 04/24/2017).
10. The decision o