Maxim I. Filimonov
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Concept, legal nature and essence of partnership financeMoscow University Bulletin. Series 11. Law. 2023. 4. p.21-38read more359
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Due to current major changes of the geopolitical climate studying of international practices of providing financial environment, which differs from ordinary financial products of banks and non-banking financial organizations, is becoming increasingly important. There is a need to focus special attention to the financing based on etic standards of doing business, which are common for most countries of Middle East region. The exploration of one or another etic standards as well as its reflection in the domestic legal systems of such countries allows extending the legal boarders in order to create a strong fundamental basis for cooperation between the state and the society, as well as between the legal parties, keeping consistent the essential nature of the civil law. The analysis of the main characteristics of transactional models, which are consistent with the etic principles, is advisable to make on the basis of the transactions common for the countries of the Islamic region. This article shows the main distinctive feature of the legal and religious rules, as well as it shows the main idea of the Islamic law. This article also shows the legal environments for the implementation of the legal norms consistent with ethical standards into the legislation of the Russian Federation.
Keywords: partnership finance, Islamic finance, etic law, banks, non-banking financial institutions, prospects of development
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Basic principles of partnership financeMoscow University Bulletin. Series 11. Law. 2024. 1. p.108-125read more142
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The so-called “Islamic” transactions are deemed most popular ethical-based transactions in the modern financial world. At the same time it should be particularly noted, that this local segment of the financial market is constantly developing. The financial market of the Russian Federation, despite the current complicated geopolitical situation, shows an active expanding of the partnership financing as well as high involvement of physical persons into the Islamic law-based transactions. Thus, it should be admitted, that the studying of the partnership finance phenomenon is inseparably linked with the necessity of examination of basic standards and restrictions, forming its basis. This article shows the main points of intersection of ethical restrictions and separate aspects of activities of the economic entities. The article also shows in details core principles of the partnership financing, such as the separate transactions accounting principle, the prohibition of the interest income, the revenue sharing principle, and the forbid of financing of some particular assets/activities.Keywords: partnership finance, Islamic finance, partnership finance principles, banks, non-banking financial institutions, the separate transactions accounting, the prohibition of the interest income
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