Budget law. Budgetary legal relations (the most important)

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Budget law. Budgetary legal relations (the most important)

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3. Budget legal relations

The Budget Code of the Russian Federation classifies relations as budget legal relationsthat arise in the process of generating revenues and making expenditures of the budget of the Russian Federation, budgets of constituent entities of the Russian Federation, budgets of municipalities and budgets of state target budgetary and extra-budgetary funds, implementation of state and municipal borrowings, regulation of state and municipal debt, as well as relations arising in the process of drawing up and consideration of draft budgets of the Russian Federation, budgets of its constituent entities, budgets of municipalities, approval and execution of these budgets, monitoring their implementation. At the same time, the Budget Code of the Russian Federation does not provide a general description or definition of budgetary legal relations, but is only limited to listing their main types.

Budget legal relations can be divided into three groups:

1) relations arising in the process of drawing up, reviewing, approving and executing the budgets of the Russian Federation, constituent entities of the Russian Federation and municipalities;

2) relations arising in the process of generating income and making expenditures of the budgets of the Russian Federation, its constituent entities and municipalities, state off-budget funds, as well as relations arising in connection with state and municipal debt;

3) relations related to the determination of the legal status of participants in the budget process and their responsibility for violating budget legislation.

The subjects of budget legal relations are:

1) the Russian Federation, constituent entities of the Russian Federation, as well as municipalities that participate in budget legal relations through their representative and executive bodies in the interests of the Russian Federation, constituent entities of the Russian Federation or municipalities in general, respectively;

2) representative and executive bodies of state power of the Russian Federation, constituent entities of the Russian Federation and municipalities;

3) state and municipal organizations (enterprises, institutions) - recipients of budgetary funds.

Non-governmental organizations, as well as citizens, are not subjects of budget legal relations. Exceptions are non-governmental organizations that, in accordance with regulatory legal acts, have the right to receive budgetary funds.

A feature of budget legal relations is that they are limited in time by the duration of the budget: budget legal relations arise on January 1 of the corresponding financial year and terminate on December 31 of the corresponding financial year.

In paragraph 2 of Art. 1 of the RF Budget Code states that the code establishes the legal status of participants in the budget process, the legal basis for the procedure and conditions for bringing to responsibility for violation of the budget legislation of the Russian Federation.

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