Abstract

Abstract

The work analyzed international standards in the field of tax compliance, the practice of OECD countries and OECD partners in the application and implementation of tax compliance instruments.

Abstract

As part of this work, aspects of legal regulation of the listed types of online platforms were analyzed, in particular, regulatory standards within international organizations, including OECD, WTO, UNCITRAL, ILO, as well as practices of countries, including the USA, EU countries (France, Netherlands), Australia, Canada.

Abstract

The goal of the research is to improve the money laundering risk management system in international trade in Russia based on the analysis of the standards and recommendations of the Financial Action Task Force (FATF) and the Organization for Economic Cooperation and Development (OECD) and the practices of the member countries of these organizations.

The research methodology is based on the use of methods of logical, systemic and comparative legal analysis and case studies from the relevant authorities’ practice. 

To achieve this goal, it is assumed that the following objectives will be accomplished:

- a review of FATF and OECD standards regarding the money laundering risk management system in international trade and analysis of the money laundering risk management system in international trade in foreign countries, including the USA, European Union countries (France, Germany), China, Singapore, etc.;

- determination of approaches to the creation of an effective system to combat money laundering in international trade, including introduction and development of risk-based approaches; 

- development of measures to improve the effectiveness of the anti-money laundering risk management system in Russia based on FATF and OECD standards by complying with AML/CFT legislation, developing internal interdepartmental and international cooperation for combatting money laundering in international trade, etc.

Based on the research, the following conclusions were made. Firstly, one of the ways to identify the risks of trade-based money laundering is the use of «red flags» - indicators for criminal activity recognition. Secondly, countries are actively using the interdepartmental information exchange tools in case of suspicious activity, conducting joint investigations at the national and international level. Thirdly, cooperation with the private sector is an important tool for combatting money laundering, for example, through the exchange of information or the creation of joint organizations, training of the private sector and public authorities. The results of the study include proposals for Russia on the development of risk-based approach tools for combatting trade-based money laundering.

This work was prepared based on the materials of research carried out under the State assignment of the Russian Presidential Academy of National Economy and Public Administration for 2021

Abstract

The paper analyzes the legal relationship connected with the development of instruments for automatic exchange of tax information, which are being developed at the OECD level. Subject of the research is analysis of the automatic exchange instruments and the results of its implementation in the practice of states. Relevance of the research is based on the expanding use of automatic exchange of tax information between countries and the issues arising in connection with its application, the emergence of new tax programs aimed at increasing tax transparency. The goal of the study was to identify the issues of automatic exchange and develop proposals for the development of tax exchange instruments. Research methodology was based on the use of methods of logical, system, formal legal and comparative legal analysis. The authors analyze existing instruments for the automatic exchange of information on foreign accounts, cross-country reports on the activities of multinational corporations, and instruments for exchanging information on the sellers’ activities on e-commerce platforms. The research lays the foundations for the development of multilateral instruments for automatic exchange of tax information at the OECD level. To minimize the risks of tax evasion and improve the efficiency of the automatic exchange of tax information, the study proposes steps aimed at increasing the efficiency of Russia's participation in the OECD automatic exchange instruments - CRS MCAA and CbC MCAA. Based on the research, the following findings were made. First, based on the analysis of the legislation of individual countries and the first Peer Review published by the OECD in December 2020, one may conclude that most jurisdictions have a satisfactory legal framework, while in some countries, including Russia, it requires significant improvements. Second, a number of problems remain in the implementation of the standard for automatic exchange of information in Russia, which are primarily associated with the lack of effective mechanisms of responsibility for violation of self-certification and with the retention of currency control requirements. The results of the research include proposals for the development of automatic exchange instruments both on the OECD platform and in Russia.

Abstract

This paper analyzes the impact of international standards for responsible business conduct on the financial sector in the world and in Russia, and formulates proposals for the development of regulation in Russia. The relevance of the work lies in the need to analyze the impact of international standards for responsible business conduct on the financial sector in the world and in Russia, as well as to formulate proposals for the development of appropriate regulation in Russia. The study was conducted in 2021. The object of the study is the standards for responsible business conduct in the financial sector. The goal of the study is to analyze the impact of international standards for responsible business conduct on the financial sector in the world and in Russia, and to formulate proposals for the development of regulation in Russia. The following results were obtained: an analysis of the recommendations and standards of international organizations, including the OECD, related to responsible business conduct in the financial sector and their impact on access to financing for Russian companies; an analysis of the approaches of the OECD member countries, including the EU, France, Japan, Canada, and other countries, including China, to the regulation of responsible business conduct in the financial sector and the impact of the regulations adopted by these countries on the Russian companies’ access to financing; an analysis of the practices of legal regulation of responsible business conduct in the financial sector in Russia and their impact on access to finance for Russian companies; formulated proposals for the development of legal regulation of responsible business conduct in the financial sector in Russia in order to ensure access to financing for Russian companies. The practical significance of the work lies in the possibility of using its results for the development of regulatory documents aimed at the development of sustainable (green) financing in Russia, the formation of Russia's position on the OECD platform in relation to the developed standards of responsible financing.

Abstract

The subject of the study is the analysis of legal relations arising in connection with employment on online platforms, including the provision of minimum labor guarantees by the platforms, regulation of self-employment, taxation, social insurance, cab platforms and courier services. The relevance of the study stems from the fact that a number of countries, including Russia, are trying to develop approaches to regulate the application of labor law, taxation and social insurance to persons providing services or work through platforms. In addition, there are various aspects of the regulation of employment on platforms in certain sectors of platform work, in particular in the provision of cab services and courier delivery. The novelty of the study lies in the fact that the work solves the problem of creating in Russia an effective system of regulating the status of persons working through online platforms, employment on online platforms, taking into account the standards of international organizations. The purpose of the study is to formulate proposals for the extension of minimum labor guarantees (the right to work safety, to guaranteed wages not lower than the minimum wage, the right to protection against unemployment, the right to rest, etc.) to persons providing services or work through platforms, as well as to determine the criteria for the existence of labor relations with such persons, the possibility of recording the labor (insurance period) of self-employed working through platforms, social insurance and taxation, regulation of cab and courier platforms activities etc. The methodology of the study is based on the application of methods of logical, systematic and comparative analysis using Russian and foreign normative legal acts, analytical materials of competent authors and international organizations. As a result of the study proposals for the development of the regulation of employment on online platforms, as well as the status of persons employed on the platforms, based on the analysis of OECD standards and the legislation of member countries and partners of the Organization are formulated. In order to achieve the goal the following tasks are planned: analysis of the standards of the OECD and other international organizations on the regulation of the status of persons working through platforms and platform employment on the application of labor law, tax law, social insurance law, on the regulation of cab and courier services, on the formation of statistics; analysis of the experience of the OECD member states in regulating the status of persons working through platforms and platform employment; analysis of legal problems in Russia related to the regulation of the status of platform workers and platform employment; the formation of proposals for the development of legal regulation of the status of persons working through platforms and platform employment in Russia, including in terms of the adoption of response measures that affect the development of online employment. The results of the study were the development of proposals for Russia on the development of guarantees for persons employed on online platforms in terms of providing some rights similar to labor, the development of taxation and social insurance, statistical records of platform employment, providing guarantees in certain industries (cab services and courier services). The perspective of the study lies in the need to improve the Russian legislation in terms of protecting the rights of persons employed on platforms, which enter into a relationship with the platform, similar to labor.

Abstract

The paper analyzes the regulation of the green finance market in Russia and in the world, and also formulates proposals for the development of regulation in order to improve Russian mechanisms for sustainable (including green) development and harmonize the Russian approach to such regulation with international approaches. The relevance of the work lies in the need to develop regulation of the market for sustainable (including green) financing in Russia, taking into account the growth in the size of the global market, as well as the development of such regulation in foreign countries. The object of the research is the regulation of the market for sustainable (including green) financing in Russia and in the world. The purpose of the study is to formulate proposals for regulating the market for sustainable (including green) financing in Russia in order to improve Russian mechanisms for sustainable (including green) development and harmonize the Russian approach to such regulation with international approaches. Based on the study, the following results were obtained: an analysis was made of the approaches of foreign countries and international organizations in the field of regulation of green finance; an analysis of the regulation of green finance in Russia was carried out, inconsistencies between Russian practices of such regulation and international ones were identified. In addition, the risks that such a discrepancy creates were described; proposals for the development of market regulation in Russia were formed, taking into account the best international practices. The practical significance of the work lies in the possibility of using its results for the development of regulatory legal acts aimed at developing the regulation of the market for sustainable (including green) financing in Russia.