Budget law. Participants in the budget process. Representative (legislative) authorities (most important)

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Budget law. Participants in the budget process. Representative (legislative) authorities (most important)

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9. Participants of the budget process. Representative (legislative) authorities

The budgetary powers of representative (legislative) bodies are determined by the legal form of budgets, since, in accordance with Art. 11 BC RF federal budget developed and approved in the form of a federal law, budgets of subjects of the Russian Federation - in the form of laws of subjects of the Russian Federation, local budgets - in the form of legal acts of representative bodies of local self-government or in the manner prescribed by the charters of municipalities.

The budgetary powers of representative (legislative) bodies are set out in Art. 153 BK RF.

Representative (legislative) bodies participate in the budget process in two directions:

1) consideration and approval of budgets and reports on their execution. When considering and approving draft budgets, representative (legislative) bodies at all levels - federal, regional, local - clothe the budget in the required legal form, the report on budget execution is approved in a similar way;

2) exercising control over the execution of budgets. In order to carry out subsequent control over the execution of budgets, representative (legislative) bodies create special budgetary control bodies (accounting chambers, etc.), the procedure for the formation of which is determined by the relevant representative (legislative) body.

In addition, the representative (legislative) bodies determine the legal status of the bodies exercising control over the execution of budgets of the corresponding level of the budget system of the Russian Federation.

Powers of representative (legislative) bodiesat the federal level are determined by the Constitution of the Russian Federation, the Budget Code of the Russian Federation, at the regional level - by the constitutions (charters) of the constituent entities of the Russian Federation and legislative acts of the constituent entities of the Russian Federation on the budget structure and budget process, at the local level - by acts of local governments.

In 2000 a ban was introduced on the creation of reserve funds by representative (legislative) bodies, which was aimed at avoiding possible abuses of power, since the decision to create such funds is within the exclusive competence of legislative (representative) bodies. At the same time, a ban was introduced on the performance of certain functions by representative (legislative) bodies for the execution of budgets, which corresponds to the constitutional principle of separation of powers: if the adoption of laws (decisions) on the budget falls within the competence of the legislative branch, then the execution of the budget is within the competence of the executive authorities. At the same time, this prohibition does not apply to local government bodies that combine the functions of both legislative and executive bodies.

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