Budget law. Types of violations of budget legislation (the most important)

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Budget law. Types of violations of budget legislation (the most important)

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56. Types of violations of budget legislation

Types of violations of budget legislationand responsible for them Art. 289-306 BK RF. At the same time, the existing version of the RF BC is not consistent with the current administrative legislation: the existing references to the norms of the Code of Administrative Offenses of the RSFSR do not comply with the norms of the Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ (CAO RF).

The Budget Code of the Russian Federation provides responsibility for the following types of offenses: misuse of budget funds; non-return or untimely return of budget funds; failure to transfer or untimely transfer of fees for the use of budget funds; failure to submit or untimely submission of reports and other information necessary for the preparation of draft budgets, their implementation and control over their implementation; failure to transfer budget funds to recipients of budget funds; failure to provide timely notifications of budget allocations and budget commitment limits; inconsistency of the consolidated budget list and the budget list of the main managers of budget funds with the expenses approved by the budget; financing expenses not included in the budget list; financing expenses in excess of approved limits; provision of budget loans in violation of the established procedure; provision of budget investments in violation of the established procedure; provision of state or municipal guarantees in violation of the established procedure; carrying out state or municipal procurement in violation of the established procedure; placing budget funds on bank deposits or transferring them into trust management in violation of the established procedure, etc. Coercive measures include: indisputable withdrawal of budget funds and fees for the use of budget funds, collection of penalties, reduction or termination of financial assistance from the relevant budget, canceling granted deferments and installments for payment of payments to the relevant budget, issuing warnings about violations of the budget process, bringing the perpetrators to administrative, and, if there are grounds, criminal liability.

At the same time, the Code of Administrative Offenses of the Russian Federation provides for three elements of administrative offenses: misuse of budgetary funds and funds of state non-budgetary funds (Article 15.14 of the Administrative Code), violation of the deadline for the return of budget funds received on a repayable basis (Article 15.15 of the Administrative Code), violation of the deadlines for transferring fees for use of budgetary funds (Article 15.16 of the Code of Administrative Offenses).

The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (Criminal Code of the Russian Federation) provides two specific crimes in the sphere of budgetary legal relations: inappropriate expenditure of budgetary funds on a large scale - over 1,5 million rubles (Article 285.1 of the Criminal Code of the Russian Federation) and inappropriate expenditure of funds from state extra-budgetary funds on a large scale (Article 285.2 of the Criminal Code of the Russian Federation).

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