Budget system of the Russian Federation. Responsibility for violation of budget legislation (most important)

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Budget system of the Russian Federation. Responsibility for violation of budget legislation (most important)

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35. Responsibility for violation of budget legislation

Among the most acute problems of the functioning of the budget system is the problem of increasing responsibility for violation of budget legislation.

Every year, the budget is adopted at the level of law, and every year it is not executed. No one bears responsibility for this. Cases of arbitrary financing of certain types of expenses and subject items are allowed, when money is allocated for one purpose, and then repurposed for other tasks.

The merit of the Budget Code is that it attempts to define a system of measures of legal responsibility for violating the provisions of budget legislation. We are talking about special sanctions that complement the existing measures of an administrative, criminal, material nature.

Violation of budget legislation is non-execution or improper execution of the procedure for drawing up and considering draft budgets, approving budgets, executing and monitoring the execution of budgets at all levels of the budget system of the Russian Federation. Article 283 of the RF BC provides a detailed list of types of budget offenses that are the basis for the application of state enforcement measures, including: failure to comply with the budget law, misuse of budget funds, non-transfer or incomplete transfer of budget funds to recipients of budget funds, late submission of reports and other information related to the execution of the budget, non-compliance of the budget list with the law on the budget, etc. The following measures of legal liability are provided for the above violations:

1) warning about improper execution of the budget process;

2) cost blocking;

3) withdrawal of budgetary funds; suspension of operations on accounts in credit institutions;

4) imposition of a fine;

5) accrual of penalties (Article 282 of the RF BC).

Often there is a violation - misuse of budgetary funds, involving the direction and use of funds for purposes that do not meet the conditions for their receipt, which entails the imposition of fines on the heads of recipients of budgetary funds in accordance with the Code of Administrative Offenses of the RSFSR, the indisputable seizure of budgetary funds used not for the intended purpose, as well as in the presence of a crime - criminal penalties provided for by the Criminal Code of the Russian Federation.

Failure to return or untimely return of budgetary funds received on a reimbursable basis entails the imposition of fines on managers - recipients of budgetary funds in an administrative manner.

Author: Natalia Burkhanova

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