Financial and legal bases for the formation of territorial communities capable budgets

Keywords: local budget, financial capacity, budget revenues, tax revenues, non-tax revenues, intergovernmental transfers.

Abstract

The formation of UTC budgets requires not only the improvement of the structure of tax revenues, as well as the analysis of revenues, but currently the use of intergovernmental transfers as important additional revenues of UTC budgets in modern research is the subject of discussion.

The budgetary and legal relations which are formed at the level of formation of budgets of the united territorial communities are investigated, and the financial and legal bases of formation of capable budgets are defined. Examples of scientific research on various aspects of local finance as factors influencing the formation, distribution and use of national budget funds, as a legal institution and as a basis for comparative characteristics of domestic and foreign practice of local budgeting, etc. are considered. The main problems that arise in the way of optimizing the revenue policy of local budgets of the united territorial communities in the conditions of financial decentralization are described.

The set of tasks on which the provision of financial capacity of the territorial community depends is analyzed. The main steps that the state must take to implement the budget decentralization reform effectively are identified. It is stated that during the formation of a promising united territorial community it is important to calculate its financial capacity in advance, which will allow to assess the benefits and risks of such association, determine the need for additional funds and streamlining expenditures, and to envisage its further functioning for the purpose of its socio-economic development. The concept of "UTC budget" and the essence of the concept of "capable budget" are specified. Based on the historical experience of budget relations in Ukraine and foreign experience, the need to form viable budgets at the expense of alternative revenues , namely by providing UTC rights to establish indirect taxes, regulate benefits and tax rates, income from business activities, and the use of intergovernmental transfers in the required amounts and for specific purposes is proved.

Philosophical, general scientific and special methods of scientific cognition are used, and also formation of the balanced and substantiated income and expense parts of budgets in the volume sufficient for performance of the set tasks is found out. The legal bases for formation of the revenue part of the budget at the expense of both tax and non-tax revenues and financing of certain types of expenditures are analyzed. Proposals for improving the financial legislation regarding the terminology and essence of budget activities are substantiated.

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Author Biographies

D. V. Korobtsova, Kharkiv National University of Internal Affairs

Candidate of Law, Associate Professor.

L. V. Mishchenko, Kharkiv National University of Internal Affairs

Candidate of Law, Associate Professor.

References

Blochliger, H., & Rabesona, J. (2009). The fiscal autonomy of sub-central governments: an update. Paris.

Chernadchuk, V. D. (2011). Budget legal relations in Ukraine: concepts, classification and features of structure. University book.

Getmatets, O., Matviichuk, A., Korobtsova, D., Kotlyar, A., & Telestakova, A. (2018). Financial and legal Guaranteeing of medical insurance in Ukraine. Georgian Medical News, 11(284), 149–154.

Kaziuk, Ya. (2018, 10 January). Are communities that receive funding from the state budget financially viable: expert comment. Decentralization provides opportunities. https://decentralization.gov.ua/news/7991.

Krupko, I. M. (2014). The principles of the allocation of expenditure between the links of the budget system. Juridical Scientific and Electronic Journal, 1, 85–88. http://www.lsej.org.ua/1_2014/26.pdf.

Kuzmenko, O. A. (2011). Legal distribution of budgetary powers between public authorities and local self-government: problematic issues. Public Law, 2, 63–70.

Latkovska, T. A. (2013). Budget legislation: current status and prospects. Law of Ukraine, 1–2, 57–64.

Latkovskyi, P. P. (2019). Legal regulation of budget control in Ukraine. Technoprint.

Monaienko, A. O. (2009). Budget law of Ukraine. KPU.

Muzyka-Stefanchuk, O. A. (Ed.). (2016). Legal problems of local finances of Ukraine: theoretical and applied research. Ruta Printing House.

Naholiuk, O. Ye. (2014). Local governments of Ukraine as subjects of budget law [Candidate thesis, Zoporizhzhia].

Patoka, I. V. (2015). Financial support of the sustainable development of the united local communities as a constituent of the effective power decentralization in Ukraine. Efficient Economy, 11. http://www.economy.nayka.com.ua/pdf/11_2015/109.pdf.

Volokhova, I. S. (2013). Methodology of determination of degree of financial decentralization on profits. European Applied Sciences, 1, 106–110.

Voronova, L. K. (2006). Financial law of Ukraine. Precedent; My book.

Yakimchuk, N. Ya. (2013). Financial bases of local self-government: the state of the constitutionally-legal fixing in Ukraine and foreign countries. Research Papers of National University “Odessa Law Academy”, 13, 293–303.

Published
2021-09-29
How to Cite
Korobtsova, D. V. and Mishchenko, L. V. (2021) “Financial and legal bases for the formation of territorial communities capable budgets”, Law and Safety, 82(3), pp. 159-165. doi: 10.32631/pb.2021.3.18.