金融法律关系体系中的金融资产

S. S. Yesimov
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引用次数: 0

摘要

文章从欧盟现行立法和监管法案的角度,对金融法律关系体系中的金融资产进行了研究。研究对象是一系列有关金融资产的社会关系。文章的目的是就与经济周转中金融资产使用相关的金融法律关系得出科学结论。这项工作运用了辩证法、逻辑法、系统法、分析与综合法、形式法律法、比较法律法和其他科学知识方法。现已确定,企业、机构、组织的金融资产是以现金或其他形式提供的一组独立资产,大部分是无形商品,包含货币债权,具有货币价值,在旨在解决社会问题的现金资金(国家和非国家)的形成、分配和使用过程中能够为国家带来经济利益。金融资产是一个跨行业的类别。从物质角度看,金融资产的特征是企业实体的资金;从财务和法律角度看,金融资产是预算收入的来源,在税收过程中将企业实体的资金与公共货币资金联系起来。就税收和法律监管而言,金融资产可以表现为财产和产权。金融资产包括现金和非现金资金、有价证券和无价证券、数字货币、股权工具、数字金融资产(包括混合权利)、各种理由产生的债权、应收账款。据悉,开展经营活动的企业实体有权在缴纳税款和强制性付款后,独立开展金融活动,处置剩余利润。了解了金融资产的法律性质和内容,就可以对金融法律关系体系中的地位以及这些资源在经济活动中的使用进行系统化处理。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Financial assets in the system of financial legal relations
The article examines financial assets in the system of financial legal relations from the point of view of current legislation and regulatory acts of the European Union. The object of the study is a set of social relations regarding financial assets. The purpose of the article is to develop scientifically based conclusions about financial legal relations related to the use of financial assets in economic turnover. The work uses dialectical, logical, systematic, analysis and synthesis, formal- legal, comparative-legal and other methods of scientific knowledge. It has been established that the financial assets of an enterprise, institution, organization are a separate group of assets provided in cash or other, mostly intangible goods, containing monetary claims, which have a monetary value and are capable of bringing economic benefits to the state in the process of formation, distribution and use of cash funds (state and non-state) aimed at solving social problems. A financial asset is a cross-industry category. From a material point of view, a financial asset is characterized as a fund of funds of a business entity, from a financial and legal point of view, a financial asset is a source of budget revenues, which in the process of taxation connects the fund of funds of a business entity with public monetary funds. Financial assets for the purposes of tax and legal regulation can be presented as property and property rights. Financial assets include cash and non-cash funds, documentary and non­documentary securities, digital currency, equity instruments, digital financial assets (including hybrid rights), claims arising from various grounds, receivables. It is indicated that business entities conducting business activities are entitled to independently carry out financial activities, after paying taxes and mandatory payments, to dispose of the remaining profit. Understanding the legal nature and content of financial assets allows systematizing approaches regarding the place in the system of financial legal relations and the use of these resources in economic activity.
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