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Briefly about the main thing. New accounting law

the Russian Federation

the federal law

"On Accounting" No. 129-FZ

Adopted by the State Duma on February 23, 1996.
Approved by the Federation Council on March 20, 1996.
(as amended by Federal Laws No. 123-FZ dated July 23, 1998, No. 32-FZ dated March 28, 2002,
No. 187-FZ dated December 31, 2002, No. 191-FZ dated December 31, 2002, No. 8-FZ dated January 10, 2003,
of the Customs Code of the Russian Federation of May 28, 2003 No. 61-FZ,
Federal Laws No. 86-FZ dated June 30, 2003, No. 183-FZ dated November 3, 2006).

Chapter I
General provisions

Article 1. Accounting, its objects and main tasks

Accounting is an ordered system of collecting, registering and summarizing information in monetary terms about the property, obligations of organizations and their movement through continuous, continuous and documentary accounting of all business transactions.
The objects of accounting are the property of organizations, their obligations and business operations carried out by organizations in the course of their activities.
The main tasks of accounting are:
- formation of complete and reliable information about the activities of the organization and its property status, necessary for internal users of financial statements - managers, founders, participants and owners of the organization's property, as well as external - investors, creditors and other users of financial statements;
- providing information necessary for internal and external users of financial statements to monitor compliance with the legislation of the Russian Federation in the organization's business operations and their expediency, the presence and movement of property and obligations, the use of material, labor and financial resources in accordance with approved norms, standards and estimates;

Article 2. Concepts used in this Federal Law

For the purposes of this Federal Law, the following concepts are used:

- Head of the organization- the head of the executive body of the organization, or the person responsible for conducting the affairs of the organization.
- Synthetic accounting- accounting of generalized accounting data on the types of property, liabilities and business transactions on certain economic grounds, which is maintained on synthetic accounting accounts.
- Analytical accounting- accounting, which is maintained in personal, material and other analytical accounts of accounting, grouping detailed information about property, liabilities and business transactions within each synthetic account.
- Chart of Accounts- a systematic list of synthetic accounting accounts.

Article 3. Legislation of the Russian Federation on accounting

The legislation of the Russian Federation on accounting consists of this Federal Law, which establishes a unified legal and methodological basis for the organization and maintenance of accounting in the Russian Federation, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.
Chapter II.
Basic requirements for accounting.
Accounting documentation and registration.
Article 8. Basic requirements for accounting
1. Accounting records of property, liabilities and business transactions of organizations are kept in the currency of the Russian Federation - in rubles.
2. Property owned by an organization is accounted for separately from the property of other legal entities owned by the organization.
3. Accounting is kept by the organization continuously from the moment of its registration as a legal entity until reorganization or liquidation in the manner prescribed by the legislation of the Russian Federation.

Federal Law No. 402-FZ "On Accounting"

On January 1, 2013, the Federal Law of December 6, 2011 N 402-FZ "On Accounting" came into force - the fundamental document of the legal regulation of all accounting in Russia. Accordingly, the entire accounting system in the country is undergoing significant changes, which cannot but speak of the relevance of this topic.

As you know, at present in Russia there is a four-level system of regulatory accounting.

Level 1 (laws and other legislative acts):

Civil Code of the Russian Federation. Parts II and I;

Tax Code of the Russian Federation. Chapter 25 “Corporate Income Tax”;

Federal Law No. 402-FZ of 06.12.2011 "On Accounting";

The Constitution, federal laws and codes, resolutions and decrees, and many other regulatory documents that are generally binding throughout the country.

Level 2 (system of national accounting standards):

Regulation on accounting "Expenses of the organization" PBU 10/99 (as amended by Orders of the Ministry of Finance of Russia dated April 27, 2012 N 55n);

At this stage, 24 provisions have been approved and are in effect.

Chart of accounts for financial and economic activities of organizations of the agro-industrial complex (approved by Order of the Ministry of Agriculture of the Russian Federation of June 13, 2001 No. 654).

Level 4 (internal working documents developed by the enterprise itself).

Organizational and administrative documentation that forms the accounting policy of a particular organization;

Orders, work instructions, instructions, instructions for accounting for certain operations or objects;

These documents are developed by consulting firms at the request of the organization or directly by the organization itself.

The main component of the legislation of the Russian Federation on accounting is the Federal Law of December 6, 2011 No. 402-FZ “On Accounting”, which entered into force on January 1, 2013. It establishes a unified legal and methodological basis for organizing and maintaining accounting in the Russian Federation.

The basic principles for the formation of the cost structure are defined in the Tax Code of the Russian Federation, Chapter 25 “Corporate Income Tax”.

Article 252 of the Tax Code of the Russian Federation states that “reasonable and documented costs are recognized as expenses”. Justified costs are understood as economically justified costs, the assessment of which is expressed in monetary terms. Documented expenses are understood as expenses confirmed by documents drawn up in accordance with the legislation of the Russian Federation.

Thus, the Tax Code of the Russian Federation equates the concept of "expenses" and "costs". However, neither Chapter 25 nor Part One of the Tax Code of the Russian Federation defines costs and expenses. The concepts of “expenses” and “costs” are accounting terms, therefore their definitions should be sought in accounting regulations.

The second level of the regulatory system is represented by provisions on certain issues of accounting for property, liabilities, capital, which determine a uniform approach to the facts and phenomena to be reflected in accounting, which is mandatory for all organizations, regardless of ownership. These are national Russian accounting standards - accounting regulations (PBU). Directly related to the accounting of costs is the provision on accounting "Expenses of the organization" PBU 10/99.

In accordance with this provision, the organization's expenses are recognized as a decrease in economic benefits as a result of the disposal of assets (cash, other property) and (or) the incurrence of liabilities, leading to a decrease in the capital of this organization, with the exception of a decrease in contributions by decision of participants (property owners).

PBU 10/99 defines that expenses for ordinary activities are expenses associated with the manufacture of products and the sale of products, the purchase and sale of goods. Such expenses are also considered expenses, the implementation of which is associated with the performance of work, the provision of services.

In accordance with PBU 10/99, when forming expenses for ordinary activities, they must be grouped according to the following elements:

material costs;

Labor costs;

Deductions for social needs;

Depreciation;

Other costs.

For the purposes of management in accounting, accounting of expenses by cost items is organized. The list of cost items is established by the organization independently.

Also, PBU 10/99 defines the conditions for accepting expenses in accounting:

The expense is made in accordance with a specific contract, the requirement of legislative and regulatory acts, business customs;

The amount of the expense can be determined;

There is confidence that as a result of a particular transaction there will be a decrease in the economic benefits of the organization. There is certainty that a particular transaction will reduce the entity's economic benefits when the entity has transferred the asset, or there is no uncertainty about the transfer of the asset.

If in relation to any expenses incurred by the organization, at least one of the named conditions is not fulfilled, then the organization's accounting records recognize receivables.

The rules for accounting for costs for the production of products, the sale of goods, the performance of work and the provision of services in the context of elements and articles, the calculation of the cost of products (works, services) are established by separate regulations and Methodological guidelines for accounting - the third level.

In the methodological recommendations on accounting for production costs and costing of products (works, services) in agricultural organizations, the composition, structure and other characteristics of the costs of the main production are indicated in more detail: a classification of production costs is given, the composition of production costs by economic elements, by costing items , the basic principles and rules for calculating the cost of agricultural products, as well as the objects of cost accounting and calculation of the cost of products (works, services) in agricultural organizations are determined.

This document indicates that the areas of formation of production costs characterize different levels of the cost of products (works, services) and a different degree of coverage of the organization's costs, both for the purposes of determining the financial result of activities and compiling reliable accounting (financial) statements, and for management purposes.

For the purposes of forming the organization's financial result from ordinary activities, the cost of sold (sold) products (works, services) is determined, which is formed on the basis of production costs and production costs.

A complete grouping of all types of expenses for ordinary activities (in accordance with PBU 10/99) is given according to their purpose and use in the production process:

Material resources are grouped by types of inventories and production services;

The element "Costs of labor" reflects the costs of labor of all categories of personnel of the organization based on piece rates, tariff rates and official salaries established depending on the results of labor, its quantity and quality, incentive and compensatory payments, including compensation for wages in connection with the increase in prices and indexation of income in accordance with applicable law; bonus systems for production personnel, managers, specialists and other employees for production results, other conditions of remuneration in accordance with the forms and systems of remuneration used in the organization;

The cost element "Deductions for social needs" is allocated to reflect the mandatory deductions of the Unified Social Tax and deductions for compulsory insurance against industrial accidents and occupational diseases from the costs of remuneration of employees included in the cost of products (works, services) under the element "Costs for wages";

The element "Depreciation" includes depreciation deductions for the full restoration of fixed assets and intangible assets of the organization, made in the manner determined by its accounting policy in accordance with PBU 6/01 "Accounting for fixed assets";

The element "Other costs", representing various types of costs as part of the cost of products (works, services), reflects those that are not included in other elements. Each of them does not have a large share in the cost, but their combination can be a very significant part of the total cost of the reporting period.

Organization of primary accounting in crop production;

Organization of analytical and synthetic accounting in crop production;

Calculation of the cost of crop production;

Management aspects of cost accounting and output in crop production.

Timely and complete reflection of all costs for the production of certain types of crops or a group of crops, work in progress;

Control over the correct, rational use of seeds, organic and mineral fertilizers, funds for wages, agricultural machinery, motor transport and other auxiliary industries;

Timely and complete posting of products with the execution of relevant documents;

Checking the implementation of plans and tasks for costs and receipt of products;

Identification of deviations from the established norms of costs in accordance with the production technology in order to find reserves to reduce costs;

Determination of the results of production activities by crops, groups of crops and the organization as a whole;

Providing information to determine the actual cost of production.

The system of internal accounting and reporting, the fourth level, has the greatest impact on the calculation and accounting of costs in the enterprise. Legislative acts of the first three levels give enterprises the right to choose from various methods of cost accounting and calculation those that most accurately meet the specific conditions of management and type of activity. Therefore, the enterprise develops a working chart of accounts, forms of accounting registers, a workflow system, forms of internal accounting reports and primary documentation, a methodology for accounting for individual business transactions and fix these points in the accounting policy of the enterprise.

In accordance with Ch. 3 art. 20 paragraph 4 of the Federal Law of 06.12.2011 N402-FZ "On Accounting" one of the basic principles of accounting regulation is "the use of international standards as the basis for the development of federal and industry standards." In Russia, at present, federal and industry accounting standards are just beginning to be developed.

(No Ratings Yet)

Federal Law 402-FZ on accounting introduces and systematizes uniform requirements that are applied in the formation of accounting (financial) statements and accounting.

Federal Law 402-FZ on accounting introduces and systematizes uniform requirements that are applied in the formation of accounting (financial) statements and accounting. Also, the Federal Law on Accounting 402-FZ in the latest edition of 2019 establishes legal mechanisms for regulating accounting. These mechanisms determine not only the legal aspects of the formation of accounting and reporting, but also introduce the concept, as well as sanctions for violation of the Law 402-FZ and other regulatory legal acts that regulate this area.

December 6, 2011

N 402-FZ

THE RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT ACCOUNTING

State Duma

Federation Council

List of changing documents

(as amended by Federal Laws No. 134-FZ dated June 28, 2013,

of 02.07.2013 N 185-FZ, of 23.07.2013 N 251-FZ,

dated 02.11.2013 N 292-FZ, dated 21.12.2013 N 357-FZ,

dated December 28, 2013 N 425-FZ, dated November 4, 2014 N 344-FZ)

Chapter 1. GENERAL PROVISIONS

Article 1

The objectives of this Federal Law are to establish uniform requirements for accounting, including accounting (financial) reporting, as well as to create a legal mechanism for regulating accounting.
Accounting - the formation of documented systematized information about the objects provided for by this Federal Law, in accordance with the requirements established by this Federal Law, and the preparation of accounting (financial) statements on its basis.

Article 2. Scope of this Federal Law

This Federal Law applies to the following persons (hereinafter referred to as economic entities):

1) commercial and non-commercial organizations;

2) state bodies, local self-government bodies, management bodies of state extra-budgetary funds and territorial state extra-budgetary funds;

3) the Central Bank of the Russian Federation;

4) individual entrepreneurs, as well as lawyers who have established law offices, notaries and other persons engaged in private practice (hereinafter referred to as persons engaged in private practice);

5) branches, representative offices and other structural subdivisions of organizations established in accordance with the legislation of foreign states located on the territory of the Russian Federation, international organizations, their branches and representative offices located on the territory of the Russian Federation, unless otherwise provided by international treaties of the Russian Federation.

This Federal Law is applied when maintaining budgetary accounting of assets and liabilities of the Russian Federation, constituent entities of the Russian Federation and municipalities, operations that change these assets and liabilities, as well as when compiling budget reporting.
This Federal Law shall apply when a trustee maintains accounting records of the property transferred to him in trust management and related accounting objects, as well as when maintaining, including one of the legal entities participating in a simple partnership agreement, accounting of the common property of comrades and related him objects of accounting.
This Federal Law shall apply in the course of accounting in the process of fulfilling a production sharing agreement, unless otherwise established by Federal Law No. 225-FZ of December 30, 1995 “On Production Sharing Agreements”.
This Federal Law shall not apply when creating information necessary for the preparation by an economic entity of reporting for internal purposes, reporting submitted to a credit institution in accordance with its requirements, as well as reporting for other purposes, if the legislation of the Russian Federation and the rules adopted in accordance with it for compiling such reporting does not provide for the application of this Federal Law.

Article 3. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

1) accounting (financial) statements - information on the financial position of an economic entity as of the reporting date, the financial result of its activities and cash flows for the reporting period, systematized in accordance with the requirements established by this Federal Law;

2) authorized federal body - a federal executive body authorized by the Government of the Russian Federation to carry out the functions of developing state policy and legal regulation in the field of accounting and financial reporting;

3) accounting standard - a document that establishes the minimum necessary requirements for accounting, as well as acceptable methods of accounting;

4) international standard - an accounting standard, the application of which is a custom in international business, regardless of the specific name of such a standard;

5) Chart of Accounts - a systematic list of accounting accounts;

6) reporting period - the period for which the accounting (financial) statements are prepared;

7) head of an economic entity - a person who is the sole executive body of an economic entity, or a person responsible for managing the affairs of an economic entity, or a manager to whom the functions of a sole executive body have been transferred;

8) the fact of economic life - a transaction, event, operation that have or are able to have an impact on the financial position of an economic entity, the financial result of its activities and (or) cash flow;

9) organizations of the public sector - state (municipal) institutions, state academies of sciences, state bodies, local governments, management bodies of state extra-budgetary funds, management bodies of territorial state extra-budgetary funds.

Article 4. Legislation of the Russian Federation on accounting

The legislation of the Russian Federation on accounting consists of this Federal Law, other federal laws and regulatory legal acts adopted in accordance with them.

Chapter 2. GENERAL REQUIREMENTS FOR ACCOUNTING

Article 5. Objects of accounting

The objects of accounting of an economic entity are:

1) facts of economic life;

2) assets;

3) obligations;

4) sources of financing of its activities;

5) income;

6) expenses;

7) other objects if it is established by federal standards.

Article 6. Obligation to keep accounting records

An economic entity is obliged to keep accounting records in accordance with this Federal Law, unless otherwise established by this Federal Law.
Accounting in accordance with this Federal Law may not be kept:

1) an individual entrepreneur, a person engaged in private practice - if, in accordance with the legislation of the Russian Federation on taxes and fees, they keep records of income or income and expenses and (or) other objects of taxation or physical indicators characterizing a certain type of entrepreneurial activity ;

(Clause 1 as amended by Federal Law No. 292-FZ of November 2, 2013)

2) a branch, representative office or other structural subdivision of an organization established in accordance with the legislation of a foreign state located on the territory of the Russian Federation - if, in accordance with the legislation of the Russian Federation on taxes and fees, they keep records of income and expenses and (or) other objects of taxation in the manner prescribed by the said legislation.

Accounting records are maintained continuously from the date of state registration to the date of termination of activities as a result of reorganization or liquidation.
Simplified methods of accounting, including simplified accounting (financial) reporting, are entitled to apply, unless otherwise provided by this article, the following economic entities:

1) small businesses;

2) non-profit organizations;

(Clause 2 as amended by Federal Law No. 344-FZ of November 4, 2014)

3) organizations that have received the status of participants in the project for the implementation of research, development and commercialization of their results in accordance with the Federal Law of September 28, 2010 N 244-ФЗ “On the Skolkovo Innovation Center”.

(Part 4 as amended by Federal Law No. 292-FZ of November 2, 2013)

Simplified methods of accounting, including simplified accounting (financial) statements, are not used by the following economic entities:

1) organizations whose accounting (financial) statements are subject to mandatory audit in accordance with the legislation of the Russian Federation;

2) housing and housing-construction cooperatives;

3) credit consumer cooperatives (including agricultural credit consumer cooperatives);

4) microfinance organizations;

5) public sector organizations;

6) political parties, their regional branches or other structural subdivisions;

7) bar associations;

8) law firms;

9) legal advice;

10) bar associations;

11) notary chambers;

12) non-profit organizations included in the register of non-profit organizations performing the functions of a foreign agent, provided for by Clause 10 of Article 13.1 of Federal Law No. 7-FZ of January 12, 1996 “On Non-Commercial Organizations”.

(Part 5 was introduced by Federal Law No. 344-FZ of November 4, 2014)

Article 7. Organization of accounting

(as amended by Federal Laws No. 425-FZ of December 28, 2013, No. 344-FZ of November 4, 2014)

Note:

The provisions of paragraph 4 of Article 7 shall not apply to persons who, as of the day, by virtue of this document, are entrusted with accounting (this document).

In open joint stock companies (except for credit institutions), insurance companies and non-state pension funds, joint-stock investment funds, management companies of mutual investment funds, in other economic entities whose securities are admitted to circulation on organized trading (with the exception of credit institutions), in management bodies of state non-budgetary funds, management bodies of state territorial non-budgetary funds, the chief accountant or other official who is entrusted with accounting, must meet the following requirements:

1) have higher education;

2) have work experience related to accounting, preparation of accounting (financial) statements or audit activities, at least three years out of the last five calendar years, and in the absence of higher education in the field of accounting and audit - at least five years out of the last seven calendar years;

(as amended by Federal Law No. 185-FZ of July 2, 2013)

3) not have an unexpunged or outstanding conviction for crimes in the field of economics.

Additional requirements for the chief accountant or other official responsible for accounting may be established by other federal laws.

Note:

The provisions of paragraph 6 of Article 7 shall not apply to persons who, as of today, by virtue of this document, are entrusted with accounting (this document).

(as amended by Federal Law No. 251-FZ of July 23, 2013)

In the event of disagreements regarding the maintenance of accounting between the head of the economic entity and the chief accountant or other official who is entrusted with the maintenance of accounting, or the person with whom the contract for the provision of accounting services has been concluded:

1) the data contained in the primary accounting document are accepted (not accepted) by the chief accountant or other official who is entrusted with accounting, or by the person with whom the contract for the provision of accounting services has been concluded, for registration and accumulation in registers accounting by written order of the head of the economic entity, which is solely responsible for the information created as a result of this;

2) the object of accounting is reflected (not reflected) by the chief accountant or other official who is entrusted with accounting, or by the person with whom the contract for the provision of accounting services has been concluded, in the accounting (financial) statements on the basis of a written order of the head an economic entity that is solely responsible for the reliability of the presentation of the financial position of the economic entity as of the reporting date, the financial result of its activities and cash flows for the reporting period.

Article 8. Accounting policy

The totality of ways of conducting accounting by an economic entity constitutes its accounting policy.
An economic entity independently forms its accounting policy, guided by the legislation of the Russian Federation on accounting, federal and industry standards.
When forming an accounting policy in relation to a specific accounting object, a method of accounting is selected from the methods allowed by federal standards.
If federal standards do not establish a method of accounting for a specific accounting object, such a method is independently developed based on the requirements established by the legislation of the Russian Federation on accounting, federal and (or) industry standards.
Accounting policies must be applied consistently from year to year.
Changes in accounting policies may be made under the following conditions:

1) changing the requirements established by the legislation of the Russian Federation on accounting, federal and (or) industry standards;

2) development or selection of a new method of accounting, the use of which leads to an increase in the quality of information about the object of accounting;

3) a significant change in the conditions of activity of an economic entity.

In order to ensure comparability of accounting (financial) statements for a number of years, a change in accounting policy is made from the beginning of the reporting year, unless otherwise stipulated by the reason for such a change.

Note:

From January 1, 2013, the forms of primary accounting documents contained in the albums of unified forms of primary accounting documentation are not mandatory. At the same time, forms of documents used as primary accounting documents, established by authorized bodies in accordance with and on the basis of other federal laws (for example, cash documents) continue to be mandatory for use (information of the Ministry of Finance of Russia N PZ-10/2012).

Article 9. Primary accounting documents

Each fact of economic life is subject to registration by the primary accounting document. It is not allowed to accept for accounting documents that document facts of economic life that did not take place, including those underlying imaginary and feigned transactions.

Mandatory details of the primary accounting document are:

1) the name of the document;

2) date of drawing up the document;

3) the name of the economic entity that prepared the document;

5) the value of the natural and (or) monetary measurement of the fact of economic life, indicating the units of measurement;

6) the title of the position of the person (persons) who made (have completed) the transaction, operation and responsible (responsible) for its execution, or the title of the position of the person (persons) responsible (responsible) for the registration of the event;

(as amended by Federal Law No. 357-FZ of December 21, 2013)

7) signatures of the persons provided for in this part, indicating their surnames and initials or other details necessary to identify these persons.

The primary accounting document must be drawn up at the time of the fact of economic life, and if this is not possible, immediately after its completion. The person responsible for registration of the fact of economic life ensures the timely transfer of primary accounting documents for registration of the data contained in them in accounting registers, as well as the reliability of these data. The person entrusted with accounting and the person with whom the contract for the provision of accounting services is concluded shall not be liable for the compliance of primary accounting documents compiled by other persons with the accomplished facts of economic life.

(as amended by Federal Law No. 357-FZ of December 21, 2013)

The forms of primary accounting documents are determined by the head of the economic entity on the proposal of the official who is entrusted with accounting. Forms of primary accounting documents for public sector organizations are established in accordance with the budget legislation of the Russian Federation.

(as amended by Federal Law No. 357-FZ of December 21, 2013)

Note:

The primary accounting document is compiled on paper and (or) in the form of an electronic document signed with an electronic signature.
If the legislation of the Russian Federation or an agreement provides for the submission of a primary accounting document to another person or to a state body on paper, an economic entity is obliged, at the request of another person or state body, at its own expense, to make hard copies of the primary accounting document drawn up in the form of an electronic document.
Corrections are allowed in the primary accounting document, unless otherwise established by federal laws or regulatory legal acts of state accounting regulatory bodies. The correction in the primary accounting document must contain the date of the correction, as well as the signatures of the persons who drew up the document in which the correction was made, indicating their surnames and initials or other details necessary to identify these persons.
If, in accordance with the legislation of the Russian Federation, primary accounting documents, including in the form of an electronic document, are withdrawn, copies of the withdrawn documents made in accordance with the procedure established by the legislation of the Russian Federation are included in accounting documents.

Note:

From January 1, 2013, the forms of accounting registers approved by the federal executive authorities before the entry into force of this Federal Law are not mandatory (information of the Ministry of Finance of Russia N PZ-10/2012).

Article 10. Accounting registers

The data contained in primary accounting documents are subject to timely registration and accumulation in accounting registers.
Omissions or withdrawals are not allowed when registering accounting objects in accounting registers, registration of imaginary and sham accounting objects in accounting registers. For the purposes of this Federal Law, an imaginary object of accounting means a non-existent object reflected in accounting only for appearance (including unfulfilled expenses, non-existent obligations, facts of economic life that did not take place), a sham object of accounting means an object reflected in accounting accounting instead of another object in order to cover it (including sham transactions). The reserves, funds provided for by the legislation of the Russian Federation, and the costs of their creation are not imaginary objects of accounting.

(Part 2 as amended by Federal Law No. 357-FZ of December 21, 2013)

Accounting is maintained by means of double entry in accounting accounts, unless otherwise established by federal standards. It is not allowed to maintain accounting accounts outside the accounting registers used by the economic entity.

(as amended by Federal Law No. 357-FZ of December 21, 2013)

Mandatory details of the accounting register are:

1) the name of the register;

2) the name of the economic entity that compiled the register;

3) date of beginning and end of maintaining the register and (or) the period for which the register was drawn up;

4) chronological and (or) systematic grouping of accounting objects;

5) the value of the monetary measurement of accounting objects, indicating the unit of measurement;

6) the names of the positions of the persons responsible for maintaining the register;

7) signatures of persons responsible for maintaining the register, indicating their surnames and initials or other details necessary to identify these persons.

Forms of accounting registers are approved by the head of an economic entity on the proposal of an official who is entrusted with accounting. Forms of accounting registers for public sector organizations are established in accordance with the budget legislation of the Russian Federation.

Note:

In accordance with Federal Law No. 63-FZ of April 6, 2011 (as amended on July 2, 2013), in cases where federal laws and other regulatory legal acts that entered into force before July 1, 2013 provide for the use of an electronic digital signature, an enhanced qualified electronic signature.

The accounting register is compiled on paper and (or) in the form of an electronic document signed with an electronic signature.
If the legislation of the Russian Federation or the agreement provides for the submission of the accounting register to another person or to a state body on paper, the economic entity is obliged, at the request of another person or state body, to make, at its own expense, on paper copies of the accounting register drawn up in the form of an electronic document.
Corrections not authorized by the persons responsible for maintaining the said register shall not be allowed in the accounting register. Correction in the accounting register must contain the date of correction, as well as the signatures of the persons responsible for maintaining this register, indicating their surnames and initials or other details necessary to identify these persons.
If, in accordance with the legislation of the Russian Federation, accounting registers are withdrawn, including in the form of an electronic document, copies of the withdrawn registers made in the manner established by the legislation of the Russian Federation are included in accounting documents.

Article 11. Inventory of assets and liabilities

Assets and liabilities are subject to inventory.
During the inventory, the actual presence of the relevant objects is revealed, which is compared with the data of accounting registers.
The cases, terms and procedure for conducting an inventory, as well as the list of objects subject to inventory, are determined by the economic entity, with the exception of the mandatory inventory. Mandatory inventory is established by the legislation of the Russian Federation, federal and industry standards.
The discrepancies revealed during the inventory between the actual availability of objects and the data of accounting registers are subject to registration in accounting in the reporting period to which the date as of which the inventory is carried out.

Article 12. Monetary measurement of accounting objects

Accounting objects are subject to monetary measurement.
Monetary measurement of accounting objects is carried out in the currency of the Russian Federation.
Unless otherwise established by the legislation of the Russian Federation, the cost of accounting items expressed in foreign currency is subject to conversion into the currency of the Russian Federation.

Article 13. General requirements for accounting (financial) reporting

Accounting (financial) statements should give a reliable idea of the financial position of an economic entity at the reporting date, the financial result of its activities and the cash flow for the reporting period, which is necessary for users of these statements to make economic decisions. Accounting (financial) statements should be compiled on the basis of data contained in accounting registers, as well as information determined by federal and industry standards.

(as amended by Federal Law No. 357-FZ of December 21, 2013)

An economic entity draws up annual accounting (financial) statements, unless otherwise established by other federal laws, regulatory legal acts of state accounting regulation bodies.
Annual accounting (financial) statements are prepared for the reporting year.
Interim accounting (financial) statements are prepared by an economic entity in cases where the legislation of the Russian Federation, regulatory legal acts of state accounting regulatory bodies, agreements, constituent documents of an economic entity, decisions of the owner of an economic entity establish the obligation to submit it.

(Part 4 as amended by Federal Law No. 251-FZ of July 23, 2013)

Interim accounting (financial) statements are prepared for a reporting period less than a reporting year.
Accounting (financial) statements should include performance indicators of all divisions of the economic entity, including its branches and representative offices, regardless of their location.
Accounting (financial) statements are prepared in the currency of the Russian Federation.
Accounting (financial) statements are considered drawn up after signing a hard copy of it by the head of the economic entity.
Approval and publication of accounting (financial) statements are carried out in the manner and cases established by federal laws.
In case of publication of accounting (financial) statements that are subject to mandatory audit, such accounting (financial) statements must be published together with the auditor's report.

(Part 10 as amended by Federal Law No. 357-FZ of December 21, 2013)

With regard to accounting (financial) statements, no trade secret regime can be established.
Legal regulation of consolidated financial statements is carried out in accordance with this Federal Law, unless otherwise provided by other federal laws.

Article 14. Composition of accounting (financial) statements

Annual accounting (financial) statements, with the exception of cases established by this Federal Law, consist of a balance sheet, a statement of financial results and annexes thereto.
The annual accounting (financial) statements of a non-profit organization, with the exception of cases established by this Federal Law and other federal laws, consist of a balance sheet, a report on the intended use of funds and annexes thereto.
The composition of interim accounting (financial) statements, with the exception of cases established by this Federal Law, is established by federal standards.
The composition of the accounting (financial) statements of public sector organizations is established in accordance with the budget legislation of the Russian Federation.
The composition of the accounting (financial) statements of the Central Bank of the Russian Federation is established by Federal Law No. 86-FZ of July 10, 2002 “On the Central Bank of the Russian Federation (Bank of Russia)”.

Article 15. Reporting period, reporting date

The reporting period for annual accounting (financial) statements (reporting year) is a calendar year - from January 1 to December 31 inclusive, except for cases of creation, reorganization and liquidation of a legal entity.

Note:

The provision of paragraph 2 of Article 15 shall not apply when changing the type of state (municipal) institution (of this document).

The first reporting year is the period from the date of state registration of an economic entity to December 31 of the same calendar year, inclusive, unless otherwise provided by this Federal Law and (or) federal standards.
If the state registration of an economic entity, with the exception of a credit institution, is made after September 30, the first reporting year is, unless otherwise established by the economic entity, the period from the date of state registration to December 31 of the calendar year following the year of its state registration, inclusive .
The reporting period for interim accounting (financial) statements is the period from January 1 to the reporting date of the period for which interim accounting (financial) statements are prepared, inclusive.
The first reporting period for interim accounting (financial) statements is the period from the date of state registration of an economic entity to the reporting date of the period for which interim accounting (financial) statements are prepared, inclusive.
The date on which the accounting (financial) statements are prepared (reporting date) is the last calendar day of the reporting period, except for cases of reorganization and liquidation of a legal entity.

Article 16

The last reporting year for a reorganized legal entity, except for cases of reorganization in the form of affiliation, is the period from January 1 of the year in which the state registration of the last of the legal entities that has arisen is made, until the date of such state registration.
When a legal entity is reorganized in the form of affiliation, the last reporting year for a legal entity that is merging with another legal entity is the period from January 1 of the year in which an entry was made in the Unified State Register of Legal Entities on the termination of the activities of the merged legal entity until the date of its entry.
The reorganized legal entity draws up the last accounting (financial) statements as of the date preceding the date of state registration of the last of the legal entities that have arisen (the date of making an entry in the Unified State Register of Legal Entities on the termination of the activities of the affiliated legal entity).
The latest accounting (financial) statements must include data on the facts of economic life that took place in the period from the date of approval of the deed of transfer (separation balance sheet) to the date of state registration of the last of the legal entities that have arisen (the date of making an entry in the Unified State Register of Legal Entities on the termination of the activities of the affiliated legal entity).
The first reporting year for a legal entity that has arisen as a result of reorganization, with the exception of public sector organizations, is the period from the date of its state registration to December 31 of the year in which the reorganization took place, inclusive, unless otherwise established by federal standards.
A legal entity that has arisen as a result of reorganization, with the exception of public sector organizations, must draw up the first accounting (financial) statements as of the date of its state registration, unless otherwise established by federal standards.
The first accounting (financial) statements are prepared on the basis of the approved transfer act (separation balance sheet) and data on the facts of economic life that took place in the period from the date of approval of the transfer act (separation balance sheet) to the date of state registration of legal entities arising from the reorganization, with the exception of organizations public sector (the date of making an entry in the Unified State Register of Legal Entities on the termination of the activities of the affiliated legal entity).
The procedure for compiling accounting (financial) statements of a public sector organization that has arisen as a result of reorganization is established by the authorized federal body.

Article 17

The reporting year for a legal entity in liquidation is the period from January 1 of the year in which an entry on liquidation was made in the Unified State Register of Legal Entities until the date of making such an entry.
The last accounting (financial) statements of a liquidated legal entity shall be drawn up by a liquidation commission (liquidator) or by an arbitration manager if the legal entity is liquidated as a result of being declared bankrupt.
The latest accounting (financial) statements are drawn up on the date preceding the date of making an entry on the liquidation of a legal entity in the Unified State Register of Legal Entities.
The latest accounting (financial) statements are compiled on the basis of the approved liquidation balance sheet and data on the facts of economic life that took place in the period from the date of approval of the liquidation balance sheet to the date of making an entry on the liquidation of the legal entity in the Unified State Register of Legal Entities.

Article 18. Mandatory copy of accounting (financial) statements

Economic entities obliged to compile accounting (financial) statements, with the exception of organizations of the public sector and the Central Bank of the Russian Federation, submit one mandatory copy of the annual accounting (financial) statements to the state statistics body at the place of state registration.
A mandatory copy of the prepared annual accounting (financial) statements shall be submitted no later than three months after the end of the reporting period. When submitting a mandatory copy of the prepared annual accounting (financial) statements that are subject to mandatory audit, the auditor's report on it is submitted together with such statements or no later than 10 working days from the day following the date of the audit report, but no later than December 31 of the year following reporting year.

(as amended by Federal Law No. 357-FZ of December 21, 2013)

Mandatory copies of accounting (financial) statements, together with audit reports, constitute the state information resource. Interested parties are provided with access to the specified state information resource, except for cases when, in the interests of maintaining state secrets, such access should be limited.

(as amended by Federal Law No. 357-FZ of December 21, 2013)

Article 19. Internal control

An economic entity is obliged to organize and exercise internal control over the facts of economic life.
An economic entity whose accounting (financial) statements are subject to mandatory audit is obliged to organize and exercise internal control over accounting and preparation of accounting (financial) statements (except for cases when its head has assumed the responsibility for accounting).

Chapter 3. REGULATION OF ACCOUNTING

Article 20. Principles of accounting regulation

Accounting is regulated in accordance with the following principles:

1) compliance of federal and industry standards with the needs of users of accounting (financial) statements, as well as the level of development of science and accounting practice;

2) unity of the system of accounting requirements;

3) establishing simplified accounting methods, including simplified accounting (financial) reporting, for economic entities entitled to apply such methods in accordance with this Federal Law;

(Clause 3 as amended by Federal Law No. 292-FZ of November 2, 2013)

4) application of international standards as the basis for the development of federal and industry standards;

5) providing conditions for the uniform application of federal and industry standards;

6) the inadmissibility of combining powers to approve federal standards and state control (supervision) in the field of accounting.

Article 21. Documents in the field of accounting regulation

Documents in the field of accounting regulation include:

1) federal standards;

4) standards of the economic entity.

Federal and industry standards are mandatory, unless otherwise provided by these standards.
Federal standards, regardless of the type of economic activity, establish:

1) definitions and characteristics of accounting objects, the procedure for their classification, the conditions for their acceptance for accounting and writing them off in accounting;

2) acceptable methods of monetary measurement of accounting objects;

3) the procedure for recalculating the cost of accounting items expressed in foreign currency into the currency of the Russian Federation for accounting purposes;

4) requirements for an accounting policy, including the determination of the conditions for its change, inventory of assets and liabilities, accounting documents and workflow in accounting, including types of electronic signatures used to sign accounting documents;

5) the chart of accounts for accounting and the procedure for its application, with the exception of the chart of accounts for credit institutions and the procedure for its application;

6) the composition, content and procedure for the formation of information disclosed in the accounting (financial) statements, including sample forms of accounting (financial) statements, as well as the composition of the appendices to the balance sheet and the income statement and the composition of the annexes to the balance sheet and the report on intended use of funds;

7) the conditions under which the accounting (financial) statements give a reliable idea of the financial position of the economic entity as of the reporting date, the financial result of its activities and the cash flow for the reporting period;

8) the composition of the last and first accounting (financial) statements during the reorganization of a legal entity, the procedure for its preparation and the monetary measurement of objects in it;

9) the composition of the latest accounting (financial) statements upon liquidation of a legal entity, the procedure for its preparation and the monetary measurement of objects in it;

10) simplified accounting methods, including simplified accounting (financial) reporting, for economic entities entitled to apply such methods in accordance with this Federal Law.

(as amended by Federal Law No. 292-FZ of November 2, 2013)

Federal standards may establish special accounting requirements (including accounting policy, accounting chart of accounts and the procedure for its application) of organizations in the public sector, as well as accounting requirements for certain types of economic activity.
Industry standards establish the features of the application of federal standards in certain types of economic activity.
The chart of accounts for credit institutions and the procedure for its application are approved by a regulatory legal act of the Central Bank of the Russian Federation.
Recommendations in the field of accounting are adopted in order to correctly apply federal and industry standards, reduce the cost of organizing accounting, as well as disseminate best practices in organizing and maintaining accounting, the results of research and development in the field of accounting.
Recommendations in the field of accounting are applied on a voluntary basis.
Recommendations in the field of accounting may be adopted in relation to the procedure for applying federal and industry standards, forms of accounting documents, with the exception of those established by federal and industry standards, organizational forms of accounting, organization of accounting services of economic entities, accounting technology, organization and implementation of internal control of their activities and accounting, as well as the procedure for the development of standards by these persons.
Recommendations in the field of accounting should not create obstacles for an economic entity to carry out its activities.
The standards of an economic entity are designed to streamline the organization and maintain its accounting records.
The necessity and procedure for developing, approving, changing and canceling the standards of an economic entity are established by this entity independently.
The standards of an economic entity are applied equally and equally by all divisions of an economic entity, including its branches and representative offices, regardless of their location.
An economic entity that has subsidiaries has the right to develop and approve its own standards that are mandatory for use by such companies. The standards of the specified subject, obligatory for application by the parent company and its subsidiaries, should not create obstacles for such companies to carry out their activities.
Federal and industry standards must not contradict this Federal Law. Industry standards must not conflict with federal standards. Recommendations in the field of accounting, as well as the standards of an economic entity, should not contradict federal and industry standards.
Federal and industry standards, as well as the program for the development of federal standards, are approved by regulatory legal acts in the prescribed manner, taking into account the provisions of this Federal Law.
Documents for the organization and maintenance of accounting by the Central Bank of the Russian Federation, including the chart of accounts of accounting and the procedure for its application, are approved in the manner established by Federal Law No. 86-FZ of July 10, 2002 “On the Central Bank of the Russian Federation (Bank of Russia) ".

Article 22. Subjects of accounting regulation

The bodies of state regulation of accounting in the Russian Federation are the authorized federal body and the Central Bank of the Russian Federation.
Accounting regulation in the Russian Federation can also be carried out by self-regulatory organizations, including self-regulatory organizations of entrepreneurs, other users of accounting (financial) statements, auditors interested in participating in accounting regulation, as well as their associations and unions and other non-profit organizations pursuing the goals development of accounting (hereinafter - the subjects of non-state regulation of accounting).

Article 23. Functions of bodies of state regulation of accounting

Authorized federal body:

1) approves the program for the development of federal standards in the manner established by this Federal Law;

2) approves federal standards and, within its competence, industry standards and generalizes the practice of their application;

3) organize the examination of draft accounting standards;

4) approves the requirements for the execution of draft accounting standards;

5) participates in the prescribed manner in the development of international standards;

6) represents the Russian Federation in international organizations operating in the field of accounting and accounting (financial) reporting;

7) perform other functions provided for by this Federal Law and other federal laws.

The Central Bank of the Russian Federation, within its competence:

1) develops, approves industry standards and generalizes the practice of their application;

(as amended by Federal Law No. 251-FZ of July 23, 2013)

2) participates in the preparation and coordinates the program for the development of federal standards;

3) participates in the examination of draft federal standards;

4) participates together with the authorized federal body in the prescribed manner in the development of international standards;

5) performs other functions provided for by this Federal Law and other federal laws.

Article 24. Functions of the subject of non-state regulation of accounting

Subject of non-state regulation of accounting:

1) develops draft federal standards, conducts a public discussion of these drafts and submits them to the authorized federal body;

2) participates in the preparation of the federal standards development program;

3) participates in the examination of draft accounting standards;

4) ensures the compliance of the draft federal standard with the international standard on the basis of which the draft federal standard has been developed;

6) develop proposals for improving accounting standards;

7) participates in the development of international standards.

Article 25

To conduct an examination of draft federal and industry standards, an accounting standards council is created under the authorized federal body.

(as amended by Federal Law No. 251-FZ of July 23, 2013)

The Accounting Standards Board reviews draft federal and industry standards for:

(as amended by Federal Law No. 251-FZ of July 23, 2013)

1) compliance with the legislation of the Russian Federation on accounting;

2) compliance with the needs of users of accounting (financial) statements, as well as the level of development of science and accounting practice;

3) ensuring the unity of the system of accounting requirements;

4) providing conditions for the uniform application of federal and industry standards.

(as amended by Federal Law No. 251-FZ of July 23, 2013)

The Accounting Standards Board is composed of:

1) 10 representatives of subjects of non-state regulation of accounting and the scientific community, of which at least three members are subject to rotation once every three years;

2) five representatives of state accounting regulation bodies.

The composition of the accounting standards council is approved by the head of the authorized federal body. Proposals on candidates for members of the accounting standards council, with the exception of representatives of the authorized federal body, are submitted to the authorized federal body by subjects of non-state regulation of accounting, the Central Bank of the Russian Federation, scientific organizations and higher educational institutions.
Candidates for members of the Accounting Standards Board must have a higher education, an impeccable business (professional) reputation and professional experience in the field of finance, accounting or auditing.

(as amended by Federal Law No. 185-FZ of July 2, 2013)

The Chairman of the Council for Accounting Standards is elected at the first meeting of the Council from representatives of the subjects of non-state regulation of accounting included in its composition. The chairman of the accounting standards board has at least two deputies.
The secretary of the accounting standards council is a representative of the authorized federal body from among the members of the council.
Meetings of the accounting standards board are convened by its chairman, and in the absence of the chairman by an authorized deputy chairman as necessary, but at least once every three months. The meeting is considered competent if at least two thirds of the members of the accounting standards council are present.
Decisions of the accounting standards council are made by a simple majority vote of the members of the council participating in its meeting.
Meetings of the Accounting Standards Board are public.
Information about the activities of the accounting standards board should be open and publicly available.
The regulation on the accounting standards council is approved by the authorized federal body. The regulations of the accounting standards council are approved by this council independently at the first meeting.

Article 26

Federal standards are developed and approved in accordance with the federal standards development program.
Bodies of state regulation of accounting and subjects of non-state regulation of accounting make proposals on the program for the development of federal standards to the authorized federal body.
The authorized federal body approves the program for the development of federal standards in agreement with the Central Bank of the Russian Federation.
The program for the development of federal standards should be updated annually to ensure that federal standards meet the needs of users of accounting (financial) statements with international standards, the level of development of science and accounting practice.
The authorized federal body shall ensure that the federal standards development program is available to the Central Bank of the Russian Federation, subjects of non-state regulation and other interested parties (hereinafter referred to as interested parties) for review.
The rules for the preparation and clarification of the program for the development of federal standards are approved by the authorized federal body.

Article 27. Development and approval of federal standards

The developer of the federal standard (hereinafter - the developer) can be any subject of non-state regulation of accounting.
A notice of the development of a federal standard shall be sent by the developer to the authorized federal body and posted on the official websites of the authorized federal body and the developer on the information and telecommunications network “Internet” (hereinafter referred to as the “Internet” network).

(as amended by Federal Law No. 357-FZ of December 21, 2013)

Not later than 10 working days after the date of posting on the official website of the developer on the Internet, the notice of the development of the federal standard, the developer places it on his official website on the Internet. The draft federal standard, posted on the official website of the developer on the Internet, should be available for review without charging a fee. The developer is obliged, at the request of the interested person, to provide him with a copy of the draft federal standard on paper. The fee charged by the developer for providing the specified copy on paper cannot exceed the costs of its production and shipment. No fee shall be charged for providing the specified copy to state accounting regulation bodies and subjects of non-state accounting regulation.

(as amended by Federal Law No. 357-FZ of December 21, 2013)

From the day the draft federal standard is posted on the official website of the developer on the Internet, the developer conducts a public discussion of the draft federal standard. The period of public discussion of the draft federal standard cannot be less than three months from the date of placement of the specified draft on the official website of the developer on the Internet. Notification of the completion of the public discussion of the draft federal standard shall be sent by the developer to the authorized federal body and posted on the official websites of the authorized federal body and the developer on the Internet.

(Part 4 as amended by Federal Law No. 357-FZ of December 21, 2013)

During the period of public discussion of the draft federal standard, the developer:

1) accept comments in writing from interested persons. The developer cannot refuse to accept comments in writing;

2) discusses the draft federal standard and comments received in writing;

3) draws up a list of comments received in writing with a summary of the content of such comments and the results of their discussion;

4) finalizes the draft federal standard, taking into account the comments received in writing.

The developer is obliged to keep the comments received in writing until the approval of the federal standard and submit them to the authorized federal body upon its request.
The finalized draft of the federal standard and the list of comments received in writing from interested parties shall be posted by the developer on its official website on the Internet no later than 10 working days from the date of posting on the official websites of the authorized federal body and the developer on the Internet of the notice of completion of public discussion draft federal standard. These documents posted on the official website of the developer on the Internet should be available for review without charging a fee.

(as amended by Federal Law No. 357-FZ of December 21, 2013)

(Part 15 was introduced by Federal Law No. 344-FZ of November 4, 2014)

Article 28. Development of federal standards by the authorized federal body

The authorized federal body develops federal standards:

1) for public sector organizations;

2) in the event that no subject of non-state regulation of accounting assumes the obligation to develop a federal standard provided for by the approved program for the development of federal standards.

Chapter 4. FINAL PROVISIONS

Article 29. Storage of accounting documents

Primary accounting documents, accounting registers, accounting (financial) statements, audit reports on them are subject to storage by an economic entity for the periods established in accordance with the rules for organizing state archives, but not less than five years after the reporting year.

(as amended by Federal Law No. 251-FZ of July 23, 2013)

Accounting policy documents, standards of an economic entity, other documents related to the organization and maintenance of accounting, including means that ensure the reproduction of electronic documents, as well as verification of the authenticity of an electronic signature, are subject to storage by an economic entity for at least five years after the year in which they were used for the preparation of accounting (financial) statements for the last time.
An economic entity must ensure safe storage conditions for accounting documents and their protection from changes.
When changing the head of the organization, the transfer of accounting documents of the organization should be ensured. The procedure for the transfer of accounting documents is determined by the organization independently.

(Part 4 was introduced by Federal Law No. 134-FZ of June 28, 2013)

Article 30

(as amended by Federal Law No. 344-FZ of November 4, 2014)

Article 31

Recognize invalid:

1) Federal Law No. 129-FZ of November 21, 1996 “On Accounting” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 48, Art. 5369);

2) Federal Law No. 123-FZ of July 23, 1998 “On Amendments and Additions to the Federal Law “On Accounting” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1998, No. 30, Art. 3619);

3) Federal Law No. 32-FZ of March 28, 2002 “On Amendments and Additions to the Federal Law “On Accounting” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2002, No. 13, Art. 1179);

4) Article 9 of Federal Law No. 187-FZ of December 31, 2002 “On Amendments and Additions to Part Two of the Tax Code of the Russian Federation and Certain Other Legislative Acts of the Russian Federation” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 1, Art. 2 );

5) Article 3 of Federal Law No. 191-FZ of December 31, 2002 “On Amendments and Additions to Chapters 22, 24, 25, 26.2, 26.3 and 27 of Part Two of the Tax Code of the Russian Federation and Certain Other Legislative Acts of the Russian Federation” (Meeting legislation of the Russian Federation, 2003, N 1, item 6);

6) Clause 7 of Article 2 of Federal Law No. 8-FZ of January 10, 2003 “On Amendments and Additions to the Law of the Russian Federation “On Employment of the Population in the Russian Federation” and Certain Legislative Acts of the Russian Federation on Financing Measures to Promote Employment of the Population” (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2003, N 2, art. 160);

7) Article 23 of the Federal Law of June 30, 2003 N 86-FZ “On the introduction of amendments and additions to certain legislative acts of the Russian Federation, the recognition of certain legislative acts of the Russian Federation as invalid, the provision of certain guarantees to employees of internal affairs bodies, bodies for controlling turnover narcotic drugs and psychotropic substances and the abolished federal bodies of the tax police in connection with the implementation of measures to improve public administration” (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2003, No. 27, item 2700);

8) Article 2 of the Federal Law of November 3, 2006 N 183-FZ “On Amending the Federal Law “On Agricultural Cooperation” and Certain Legislative Acts of the Russian Federation” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2006, N 45, Art. 4635);

9) Article 32 of the Federal Law of November 23, 2009 N 261-FZ “On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2009, N 48, Art. 5711);

10) Article 12 of the Federal Law of May 8, 2010 N 83-FZ “On Amending Certain Legislative Acts of the Russian Federation in Connection with the Improvement of the Legal Status of State (Municipal) Institutions” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, N 19, art. 2291);

11) Federal Law No. 209-FZ of July 27, 2010 “On Amendments to Article 16 of the Federal Law “On Accounting” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, No. 31, Art. 4178);

12) Article 4 of the Federal Law of September 28, 2010 N 243-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law “On the Skolkovo Innovation Center” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, N 40, Art. 4969).

Article 32. Entry into force of this Federal Law

The president

Russian Federation

D. MEDVEDEV

Moscow Kremlin

Federal Law 402-FZ on Accounting 2019 has a wide sphere of influence, its norms apply to a large number of economic entities, including government agencies: all organizations, regardless of ownership, local governments, state and non-state funds, the Central Bank of the Russian Federation , individual entrepreneurs, private lawyers and notaries, as well as to all branches and divisions located on the territory of the Russian Federation and subject to this law.

"Practical accounting", 2013, NN 2, 3

The introduction of a new version of the main professional Law, accountants have been waiting for more than a year. And so it happened: from the beginning of January, this normative act entered into force. And then the questions began (see the article in the "Theme of the Issue" section). In order to make it easier to navigate the changes that have taken place, we are publishing for you a series of articles commenting on the main Accounting Law. Start in this room.

The Law on Accounting establishes the most general requirements for it. These requirements are specified in by-laws. Such documents are federal and industry accounting standards. They are introduced by the federal executive authorities. These include the Ministry of Finance of Russia.

The Law of December 6, 2011 N 402-FZ "On Accounting" (hereinafter - Law 402-FZ) entered into force on January 1, 2013. At the same time, the Law of November 21, 1996 N 129-FZ "On Accounting accounting" (hereinafter - Law 129-FZ). By-laws to the Law 129-FZ - accounting regulations, or PBU. They are used for accounting and preparation of financial statements before the approval of federal accounting standards, or the Federal Security Service of Ukraine (clause 1, article 30 of Law N 402-FZ). Therefore, it is impossible to avoid comparisons of the new, current Law with the old one that preceded it.

Accounting provides the formation of information about special objects. They are listed in Art. 5 of Law N 402-FZ. And the subjects of the law are the persons to whom it applies. They are listed in Art. 2 of Law N 402-FZ. Accounting objects arise in the process of economic activity of subjects.

On the basis of information about the objects of accounting, the subjects draw up their financial statements. Law N 402-FZ contains a compound term - "accounting (financial) statements". Therefore, the terms "accounting statements" and "financial statements" can be considered synonymous.

Information about accounting objects is concentrated in primary accounting documents and is systematized according to certain rules.

Modern accounting is information technology (clause 2, article 2 of the Law of July 27, 2006 N 149-FZ "On Information, Information Technologies and Information Protection"). Accounting implies not only the accumulation of information about their objects, but also its generalization in the form of financial statements.

Based on accounting data, the following are conducted:

tax accounting;
managerial (operational) accounting;
statistical accounting.

Each of these types of accounting includes its own reporting, which has certain users.

Scope

Law N 402-FZ establishes the requirements for official accounting (paragraph "r" of article 71 of the Constitution of the Russian Federation).

Persons to whom Law N 402-FZ applies are referred to as economic entities. These include, in particular:

commercial and non-commercial organizations (created in accordance with the legislation of the Russian Federation);
structural subdivisions of organizations established in accordance with the legislation of foreign states located on the territory of the Russian Federation.

But not all economic entities must necessarily keep accounting records. This is stated in Art. 6 of Law N 402-FZ.

Law N 402-FZ is also applied in connection with:

trust management of property;
performance of simple partnership agreements;
implementation of production sharing agreements.

The information generated in accounting is designed for users who have sufficient knowledge and skills to understand, evaluate and use it. Meanwhile, the interests of users differ significantly. Accounting cannot satisfy all information needs in full. Legislation only provides for the needs common to all users.

Individual reporting users may put forward additional requirements for information that go beyond the scope of Law N 402-FZ and by-laws that ensure its application.

For reference. The Ministry of Finance of Russia is the federal executive body responsible for the development of state policy and legal regulation in the field of accounting and financial reporting. Legal basis - Decree of the Government of the Russian Federation of June 30, 2004 N 329.

New terminology

Instead of the term "accounting statements", which has become familiar over the years, Law N 402-FZ uses the compound term "accounting (financial) statements". Why?

In general, we are talking about the same reporting.

Reporting is information. It characterizes the financial performance of an economic entity for a certain (reporting) period. Therefore, it is a final, that is, a reporting document. And it is formed in accordance with the requirements of the Accounting Law. So the clarification of terminology is justified.

A new term has appeared in the system of accounting concepts - the accounting standard. This is a document that establishes the minimum required accounting requirements, as well as acceptable methods of accounting. At the time of the entry into force of Law N 402-FZ, these criteria are met by the PBU, as well as the Methodological Guidelines approved by the Ministry of Finance of Russia (clause 3 of the Regulations on Accounting and Accounting in the Russian Federation, approved by Order of the Ministry of Finance of Russia dated July 29, 1998 No. N 34n). Details about the standards - in Art. 21 of Law N 402-FZ.

The fact of economic life is another term that was introduced for the first time. From the definition of this concept, it follows that the facts of economic life have or are able to influence the accounting (financial) statements. Moreover, each fact of economic life is subject to registration by the primary accounting document (clause 1, article 9 of Law N 402-FZ). Previously, the terms "business transactions" and "facts of economic activity" were used in a similar sense (clause 9 of the Regulations on Accounting and Accounting in the Russian Federation).

The concept of "international standards", applied in Law N 402-FZ, should be distinguished from the concept of "international financial reporting standards" (IFRS). The legislator had in mind the accounting standards, the application of which is a custom in international business. And the custom of business turnover is a rule of conduct that has developed and is widely used in entrepreneurial activity and is not provided for by law (clause 1, article 5 of the Civil Code of the Russian Federation).

At the same time, IFRS were officially introduced in the territory (by Order of the Ministry of Finance of Russia dated November 25, 2011 N 160n). Their application is provided for by the Law of July 27, 2010 N 208-FZ "On Consolidated Financial Statements".

Accounting legislation

The composition of the legislation on accounting includes all current federal laws without exception, as well as by-laws to them.

Therefore, the terms and concepts defined in accounting should be used in the meanings established in special laws. A similar norm is provided for by the legislation on taxes and fees (clause 1, article 11 of the Tax Code of the Russian Federation). Thus, the concepts "currency of the Russian Federation" and "foreign currency" are defined by the Law of December 10, 2003 N 173-FZ "On currency regulation and currency control".

The Civil Code and the Tax Code are also federal laws. In particular, the company's tax liabilities reflected in its financial statements are established in accordance with the rules of the Tax Code.

An example of a subordinate regulatory legal act that is directly used in accounting is the Regulation on the procedure for conducting cash transactions with banknotes and coins of the Bank of Russia on the territory of the Russian Federation (approved by the Bank of Russia on October 12, 2011 N 373-P).

Accounting objects

Law N 402-FZ introduces a new list of accounting objects, and it is open.

The facts of economic life are, in fact, economic transactions.

Clearly the new object is "asset". Although this term did not appear in Law N 129-FZ, it was widely used in the relevant by-laws (PBU, etc.). Meanwhile, we will not find its general characteristics in any regulatory document. True, an asset is a set of indicators of the balance sheet. But among them we see "other assets" (non-current and current). This means that the exhaustive composition of the assets has not been established.

Accounting objects

The definition of assets is available in the Concept of Accounting in the Market Economy of Russia (approved by the Methodological Council for Accounting under the Ministry of Finance of Russia, the Presidential Council of the IPA RF on December 29, 1997). Although the Concept is not a normative document, it is intended for making decisions on issues not yet regulated by normative acts.

In accordance with the Concept, assets should be considered economic assets, control over which an economic entity received as a result of the fait accompli of its economic activity and which should bring economic benefits to it in the future.

And future economic benefits are the potential ability of assets to directly or indirectly contribute to the inflow of cash into the organization. An asset is considered to provide future economic benefits to the entity when it can be:

a) used separately or in combination with another asset in the process of production of products, works, services intended for sale;

b) exchanged for another asset;

c) used to pay off the obligation;

d) distributed among the owners of the organization.

The tangible form of an asset and the legal conditions for its use are not essential criteria for classifying them as assets.

As you can see, the main conditions for recognizing an asset are:

the ability to control it;
ability to generate cash flow.

Meanwhile, obligations must also be understood in a special sense. The fact is that not all obligations of a civil law nature are subject to reflection in the balance sheet. An obligation to refrain from a certain action can serve as such an example (clause 1, article 307 of the Civil Code of the Russian Federation). Therefore, it is necessary to focus on the definition of obligations contained in the Concept. It states the following.

A liability should be considered the debt of an economic entity existing at the reporting date, which is a consequence of completed projects of its economic activity and settlements for which should lead to an outflow of assets. An obligation may arise by virtue of the operation of a contract or a legal norm, as well as business customs.

In general, liabilities entail an outflow of funds, that is, they create an effect opposite to the effect of assets.

The source of financing for the activities of a commercial organization should be considered its capital. It is defined as the difference between assets and liabilities. Capital characterizes the financial position of the organization.

As for the definitions of income and expenses, they are given in the relevant RAS (clause 2 PBU 9/99 "Income of the organization", clause 2 PBU 10/99 "Expenses of the organization").

Assets, liabilities and sources of financing activities are elements of the balance sheet. Income and expenses are elements of the statement of financial position. Cash flows are elements of the cash flow statement.

Special rules. The redemption of an obligation usually implies that in order to satisfy the requirements of the other party, the economic entity is deprived of the corresponding assets. This may be through the payment of cash or the transfer of other assets (delivery of services). In addition, the repayment of an obligation may take place in the form of replacing one type of obligation with another; converting a liability into equity; removal of claims from the creditor.

Who Should Keep Accounts?

Accounting has the right not to keep:

individual entrepreneurs;
persons engaged in private practice (lawyers and notaries);
structural subdivisions of organizations established in accordance with the legislation of foreign states.

Law N 402-FZ has a reservation: these economic entities have such a right only if they keep records of income and expenses and (or) other objects of taxation in the manner prescribed by tax legislation. But such obligations are actually provided for all taxpayers. So, individual entrepreneurs keep books of income and expenses. UTII payers must also keep records of the indicators necessary for calculating the tax (Article 346.26 of the Tax Code of the Russian Federation). They reflect the objects of UTII taxation in tax returns.

From January 1, 2013, organizations applying the simplified taxation system are required to keep accounting records on a general basis.

Prior to the date of state registration of an economic entity, accounting records are not kept. Therefore, expenses incurred before this date (called organizational expenses) are not taken into account.

Organizing time

Accounting is organized by the head of the economic entity. He has the right to keep records personally only if the economic entity is a subject of small or medium-sized businesses. The criteria for such enterprises are established by the Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation."

For the first time, special requirements have been introduced for persons accepted for the position of chief accountant. First of all, they must have work experience related to accounting, preparation of accounting (financial) statements or audit activities. And besides, an unexpunged or outstanding conviction for crimes in the sphere of the economy is not allowed (Section VIII, Art. 86 of the Criminal Code of the Russian Federation). However, these requirements are not applied by all, but only by some types of companies. Among them are open joint-stock companies and issuers of publicly placed securities.

In addition, the new requirements do not apply to chief accountants holding their positions as of January 1, 2013. Therefore, they are not subject to dismissal due to non-compliance with these requirements (clause 13, article 83 of the Labor Code of the Russian Federation).

The legislator still allows disagreements between the head and the chief accountant. But the subject matter has changed.

According to Law N 129-FZ, the chief accountant ensured that the business operations carried out complied with the legislation of the Russian Federation. As a result, disagreements should have arisen at the stage of business operations, that is, regarding the actions of the head. Practice has shown that such a norm is unrealistic.

Law N 402-FZ does not give the chief accountant the authority to control the conduct of business activities. Accordingly, disagreements between the head and the chief accountant are possible only in relation to accounting.

Accounting policy

Federal standards may allow for several ways of accounting for certain specific items. And it is not even excluded that the method of accounting is not established by them at all.

In such situations, the methods of accounting are fixed in the accounting policy.

If the accounting method is to be developed independently, follow the instructions in paragraph 7 of PBU 1/2008 "Accounting policies of the organization" and paragraphs 9 - 12 of IAS 8 "Accounting policies, changes in accounting estimates and errors".

Primary documents

Law N 402-FZ does not mention unified forms of primary accounting documentation. Thus, the requirements for their mandatory application completely lose their legal basis. True, the Regulation on accounting and financial reporting in the Russian Federation continues to operate. And it duplicates the norm of Law N 129-FZ on unified forms. But this rule does not apply, because it contradicts the current legislation. Law N 402-FZ does not establish such restrictions.

But for cash transactions and non-cash transfers of funds, uniform forms established by the Bank of Russia should be applied. Corrections are prohibited in these documents (clause 2.1 of the Regulations on the procedure for conducting cash transactions with banknotes and coins of the Bank of Russia on the territory of the Russian Federation, approved by the Bank of Russia on October 12, 2011 N 373-P; clause 2.4 of the Regulations on the rules for transferring funds , approved by the Bank of Russia on June 19, 2012 N 383-P).

And how to make corrections to the document if the employee who signed it no longer works in the company? This issue is not regulated by law, so the company decides it on its own. Reflect the procedure for certification of corrections in the accounting policy or in the standard of the economic entity.

Attention! The primary accounting document may not have a monetary meter. An example of such a document is a monthly time sheet. Such documents must be accompanied by a development table containing a monetary value of the fact of economic life. The development tables include an accounting certificate (Letter of the Ministry of Finance of Russia dated July 24, 1992 N 59).

Accounting registers

Accounting is carried out by means of double entry in accounting accounts and, at the same time, in accounting registers. Therefore, accounting registers must ensure the grouping of accounting objects by accounts.

Double entry implies that the documented fact of economic life is reflected simultaneously in two accounting accounts.

Mandatory forms for registers, as well as their generally established list, do not exist. The unified journal-order form of accounting, the application of which is explained by the Letter of the USSR Ministry of Finance dated March 8, 1960 N 63, is advisory in nature. In the conditions of automated accounting, the names and form of registers are actually determined by the applied computer program (1C, "Info-Accountant", etc.). But the registers displayed on paper must be signed by responsible persons.

The accounting register drawn up in the form of an electronic document must be signed with an electronic signature.

Law N 402-FZ allows accounting without the use of double entry in accounting accounts. But such a possibility should be established by federal standards.

Inventory

Only objects in respect of which their actual presence can be established are subject to inventory. Estimated indicators constituting equity capital are not subject to inventory.

When inventorying deferred expenses, you need to make sure that an asset has actually arisen as a result of the corresponding costs. The principal features of an asset are the controllability of the company and the ability to generate cash flow into the company.

The inventory does not imply a revision of the monetary valuation of objects made earlier.

Mandatory inventory is established by special laws, as well as federal and industry accounting standards. Prior to the adoption of such standards, it is necessary to comply with clause 27 of the Regulations on Accounting and Accounting in the Russian Federation. In accordance with the legislation, an inventory is carried out, in particular:

narcotic drugs, psychotropic substances and their precursors - monthly (Article 38 of the Federal Law of January 8, 1998 N 3-FZ "On Narcotic Drugs and Psychotropic Substances");
the enterprise as a whole as a property complex - before its sale (Article 561 of the Civil Code of the Russian Federation);
of the debtor's property by an external manager, bankruptcy trustee (clause 2 of article 99, clause 2 of article 129 of the Law of October 26, 2002 N 127-FZ "On insolvency (bankruptcy)").

Money dimension

Although it is permissible to draw up primary documents in physical terms, accounting objects are subject to a monetary meter.

For example, during construction, the foreman submits to the accounting department a report on the consumption of materials in quantitative terms. He does not have information about their book value. Based on this report, the accountant writes off inventories at a cost determined in accordance with the accounting policy of the company. Similarly, in two stages, determine the fuel consumption during the operation of vehicles. Responsibility for such facts of economic life is distributed between two officials (clauses 6 and 7, clause 2, article 9 of Law N 402-FZ). The financially responsible person is responsible for the quantitative expense, and the accountant is responsible for the monetary measurement of the expense.

The definition of foreign currency is contained in the Law of December 10, 2003 N 173-FZ "On currency regulation and currency control" (clause 2, clause 1, article 1). When recalculating the value expressed in foreign currency, it must be borne in mind that the official exchange rate of foreign currencies against the ruble always contains four decimal places (clause 7 of the Regulations on the establishment and publication by the Central Bank of the Russian Federation of official foreign exchange rates against the ruble, approved by the Bank of Russia on April 18, 2006 N 286-P). Rounding this numerical value, that is, reducing the number of decimal places in it, is the use of already conventional monetary units (clause 2, article 317 of the Civil Code of the Russian Federation).

It is important. The monetary unit (currency) of the Russian Federation is the ruble. One ruble consists of 100 kopecks. (Article 27 of the Law of July 10, 2002 N 86-FZ). Therefore, the use of cents in accounting is also acceptable. But it is pointless to evaluate an object with an accuracy of thousandths of a ruble.

Accounting

The accounting (financial) statements of the company characterize:

its financial position at the reporting date;
financial result of its activities for the reporting period;
cash flow through it for the reporting period.

This information is intended for making economic decisions and must be reliable.

A fair presentation requires a fair presentation of the consequences of transactions, other events and conditions in accordance with the definitions and recognition criteria for assets, liabilities, income and expenses set out in by-laws (paragraph 15 of IAS 1 Presentation of Financial Statements).

Law N 402-FZ does not require the preparation of interim financial statements. But it indicates that it is drawn up in cases established by the legislation of the Russian Federation, regulatory legal acts of the bodies of state regulation of accounting.

In particular, interim financial statements are necessary for business companies (based on the Federal Laws of February 8, 1998 N 14-FZ "On Limited Liability Companies" and of December 26, 1995 N 208-FZ "On Joint Stock Companies"):

when establishing the amount of payments to a participant leaving the company;
to determine interim dividends and the possibility of their payment;
to identify large transactions.

In order to avoid disagreements, it is advisable to determine the reporting period for such purposes in the charter (see paragraph 5 of article 13 of Law N 402-FZ).

Note that clause 29 of the Regulations on Accounting and Accounting in the Russian Federation obliges all organizations to prepare monthly and quarterly reports. But this position actually contradicts Law N 402-FZ. After all, it does not speak of a universal obligation, but of an obligation in individual, specially stipulated cases. Thus, issuers of securities should form quarterly reports (clauses 5.1 and 7.2 of Appendix No. 3 to the Regulation on the disclosure of information by issuers of equity securities, approved by Order of the Federal Financial Markets Service of Russia dated October 4, 2011 No. 11-46 / pz-n) .

Reporting is considered drawn up after signing its copy on paper by the head of the economic entity. This formulation leads to two conclusions:

it is permissible to provide users with reports that are not approved by the owners of the company.

But if the approved reporting differs significantly from the previously submitted one, the latter is subject to replacement with a revised version (clause 7 of PBU 22/2010 "Correction of errors in accounting and reporting");

A paper copy of the report is required.

According to Law N 402-FZ, the publication of reporting is carried out in the manner and in the cases established by federal laws. But the publication period does not apply to the order (see paragraph 3 of article 11 of Law N 402-FZ). True, the indication of the term contains clause 90 of the Regulations on Accounting and Accounting in the Russian Federation. But from paragraph 1 of Art. 30 of Law N 402-FZ does not follow that the rules of the Regulation remain in force in this part.

Now the Law expressly prohibits the introduction of a trade secret regime for financial statements on any reporting date. During the validity period of Law N 129-FZ, there was no such restriction, and interim reporting was allowed to be "classified". Well, the annual reporting was and remains public due to its submission to the state statistics bodies. It is available for everyone to see.

The structure of the annual reporting has been changed.

First, it does not include an explanatory note and an auditor's report.

And secondly, two new forms have appeared: a report on financial results and a report on the intended use of funds.

The income statement replaced the income statement. A report on the intended use of funds must be made by all non-profit organizations without exception.

The composition of the annexes to the two mandatory forms will be established by federal standards (clause 6, clause 3, article 21 of Law N 402-FZ).

At the same time, the role of the cash flow statement has increased. After all, assets are defined as objects that provide an inflow of funds, and liabilities are defined as objects that generate their outflow.

The rules of this article do not apply to reporting dates before January 1, 2013. In particular, they do not apply to financial statements for 2012.

Interim reporting may be made on any date. The length of the reporting period for interim reporting was not regulated by the legislator.

In particular, business entities are required to draw up an interim balance sheet on the date of payment of dividends. Accordingly, on this date it is necessary to close all those accounting accounts that are traditionally closed at the end of the calendar month. These include accounts 26 "General expenses", 90 "Sales", 91 "Other income and expenses".

position of the Ministry of Finance. The Ministry of Finance is convinced that when submitting financial statements for 2012, organizations are required to give new names to some forms of financial statements. Read more about this in the "Theme of the Issue" section on p. twenty.

Reorganization of legal entities

Forms of reorganization of a legal entity - merger, accession, separation, separation, transformation.

A legal entity is considered to be reorganized, except for cases of reorganization in the form of affiliation, from the moment of state registration of newly emerged legal entities.

When a legal entity is reorganized in the form of a merger with another legal entity, the first of them is considered reorganized from the moment an entry is made in the Unified State Register of Legal Entities on the termination of the activities of the merged legal entity (Article 57 of the Civil Code of the Russian Federation).

When reorganizing legal entities, balance sheets are compiled on the basis of the principle of succession (Article 58 of the Civil Code of the Russian Federation):

in the event of a merger of legal entities, the rights and obligations of each of them are transferred to the newly established legal entity in accordance with the deed of transfer;
when a legal entity joins another legal entity, the rights and obligations of the affiliated legal entity are transferred to the latter in accordance with the deed of transfer;
when a legal entity is divided, its rights and obligations are transferred to newly emerged legal entities in accordance with the separation balance sheet;
when one or more legal entities are separated from the legal entity, the rights and obligations of the reorganized legal entity are transferred to each of them in accordance with the separating balance sheet;
when a legal entity of one type is transformed into a legal entity of another type (change of organizational and legal form), the rights and obligations of the reorganized legal entity are transferred to the newly established legal entity in accordance with the deed of transfer.

The deed of transfer and the separation balance sheet must contain provisions on the succession of all obligations of the reorganized legal entity in relation to all its creditors and debtors (clause 1, article 59 of the Civil Code of the Russian Federation).

The composition of the last and first financial statements during the reorganization of a legal entity, the procedure for its preparation and the monetary measurement of objects in it should be established by federal standards (clause 8, clause 3, article 21 of Law N 402-FZ). Before their adoption, one should still be guided by the Guidelines for the formation of financial statements when reorganizing organizations (approved by Order of the Ministry of Finance of Russia dated May 20, 2003 N 44n), as well as PBU 16/02 "Information on discontinued activities" (clause 1 article 30 of the Law N 402-FZ). Of course, the rules contained in them must be used to the extent that they do not contradict Law N 402-FZ.

The obligation to submit the annual financial statements of the reorganized legal entity to the state statistics body shall be transferred to its legal successor.

Features of accounting during liquidation

The liquidation of a legal entity entails its termination without the transfer of rights and obligations by way of succession to other persons (clause 1, article 61 of the Civil Code of the Russian Federation).

The decision to liquidate entails a revision of the accounting policy, since one of its basic assumptions changes - on the continuity of the organization's activities (clause 5 PBU 1/2008 "Accounting policy of the organization", approved by Order of the Ministry of Finance of Russia dated October 6, 2008 N 106n). For example, the company no longer segregates long-term debt. Loses meaning and discounting.

During the liquidation of a legal entity, the following is drawn up:

interim liquidation balance sheet (clause 2, article 63 of the Civil Code of the Russian Federation);
liquidation balance sheet (clause 5, article 63 of the Civil Code of the Russian Federation);
the latest accounting (financial) statements (clause 4, article 17 of Law N 402-FZ).

The forms of the interim liquidation balance sheet and the liquidation balance sheet, as well as the composition of the appendices to them, are established only for banks (clauses 1.2 and 1.5 of the Regulation on the procedure for compiling and submitting the interim liquidation balance sheet and the liquidation balance sheet of a credit institution in liquidation and their approval by the territorial office of the Bank of Russia, approved Bank of Russia January 16, 2007 N 301-P). For these purposes, banks use the form of a turnover sheet for accounting accounts. Other organizations can use the same approaches based on analogy (clause 7 PBU 1/2008).

The liquidation balance sheet is drawn up after the completion of settlements with creditors, including the tax authority (Guidelines for tax authorities on the uniformity of the procedure for deregistration with the tax authority of a legal entity in connection with liquidation, approved by Order of the Federal Tax Service of Russia dated April 25, 2006 N SAE-3 -09/ [email protected]).

After satisfying the claims of creditors, the legal entity may retain property. It is transferred to its founders (participants) who have property rights to this property or rights of obligation in relation to this legal entity, unless otherwise provided by law, other legal acts or constituent documents (clause 7 of article 63 of the Civil Code of the Russian Federation). In other words, after the liquidation balance sheet is drawn up, settlements with the owners of the company begin. Therefore, the last reporting period is the period from the date of approval of the liquidation balance sheet to the date of making an entry in the Unified State Register of Legal Entities on the liquidation of the legal entity.

Liquidation balance sheets are submitted to the registering authority (section X of the Methodological Explanations on filling out the forms of documents used for state registration of a legal entity and an individual entrepreneur, approved by Order of the Federal Tax Service of Russia dated November 1, 2004 N SAE-3-09 / [email protected]; pp. "b" paragraph 1 of Art. 21 of the Federal Law of August 8, 2001 N 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs").

But if the company's property is not enough to pay off its obligations, the liquidation commission is obliged to apply to the arbitration court with an application for declaring the company bankrupt (Letter of the Ministry of Economic Development of Russia dated May 7, 2010 N D06-1416).

Meanwhile, the composition of the last accounting (financial) statements upon liquidation of a legal entity, the procedure for its preparation and the monetary measurement of objects in it should be established by federal accounting standards. And until these issues are centrally resolved, the latest reporting is not compiled.

Required report copy

Law N 402-FZ establishes a single addressee for financial statements, and, moreover, only annual. This is the state statistics body at the place of state registration of the company.

The deadline for fulfilling this obligation is April 1 of the year following the reporting year (unless the company is reorganized or liquidated). It is calculated according to the rules of civil law.

Other addressees are established by other federal laws.

In particular, the annual financial statements of a business entity are submitted to its owners for approval at a general meeting.

The tax code is also a federal law. In accordance with paragraphs. 5 p. 1 art. 23 of the Tax Code, annual accounting (financial) statements must be submitted to the tax authority at the location of organizations. Although the deadline for fulfilling this obligation is determined by the rules of tax legislation, it also falls on April 1.

Internal control

Prior to the introduction of Law N 402-FZ, the procedure for monitoring business transactions was an element of accounting policy (clause 4 PBU 1/2008).

From January 1, 2013, the organization and implementation of internal control become mandatory. To this end, companies will have to prepare appropriate rules. The Ministry of Finance of Russia plans to prepare recommendations for their preparation in 2014. In the meantime, the Regulation on the organization of internal control in credit institutions and banking groups (approved by the Bank of Russia on December 16, 2003 N 242-P) can be taken as a basis for development. The following can be gleaned from the Regulations.

Internal control is an activity carried out by an organization (its management bodies, divisions and employees) in order to ensure:

efficiency and effectiveness of financial and economic activities in the performance of business operations and other transactions, the effectiveness of asset and liability management, including ensuring the safety of assets, risk management;
reliability, completeness, objectivity and timeliness of the preparation and presentation of accounting (financial), statistical and other reports;
information security;
compliance with regulatory legal acts, standards of self-regulatory organizations, constituent and internal documents of the organization;
exclusion of the involvement of the organization and the participation of its employees in the implementation of illegal activities;
timely submission of information to public authorities in accordance with the legislation of the Russian Federation.

The functions of controllers can be performed by auditors, which are provided for by federal laws on business companies (Article 47 of the Federal Law of February 8, 1998 N 14-FZ "On Limited Liability Companies", Article 85 of the Federal Law of December 26, 1995 N 208 -FZ "On joint-stock companies").

Professional participants in the securities market develop instructions on internal control in accordance with the Order of the Federal Financial Markets Service of Russia dated May 24, 2012 N 12-32/pz-n.

Accounting regulation

Not only small businesses, but also certain forms of non-profit organizations can count on simplifying accounting methods. For example, these are socially oriented non-profit organizations (Clause 2.1, Article 2 of the Federal Law of January 12, 1996 N 7-FZ "On Non-Profit Organizations").

Directions of simplifications:

simplification of accounting (financial) reporting forms;
reduction of the list of forms of accounting (financial) statements to be submitted to state bodies;
cash method of recognition of income and expenses;
keeping records without the use of double entry in the accounts of accounting.

As long as the simplified accounting methodology is not regulated in regulatory documents, companies have the right to develop the appropriate accounting policy on their own (Article 8 of Law N 402-FZ). Thus, the accounting system without using the double-entry method is described in the Methodological Recommendations for Accounting in Peasant (Farmer) Farms (approved by Order of the Ministry of Agriculture of Russia dated January 20, 2005 N 6).

There is another opportunity for simplification, which small companies are far from fully exploiting. This is the observance of the requirement of rational accounting policy. It must be applied in conjunction with the materiality criteria (clauses 6 and 17 of PBU 1/2008).

State control (supervision) in the field of accounting is currently carried out by the Federal Service for Financial Markets (FFMS), but only in relation to companies operating in the field of financial markets. In particular, they include professional participants in the securities market.

Pay attention to the list of issues subject to regulation at the level of federal standards. It is on such issues, moreover, related to record keeping and reporting, that the by-laws adopted during the period of the Law N 129-FZ (PBU and methodological instructions of the Ministry of Finance of Russia) are temporarily applied. This follows from paragraph 1 of Art. 30 of Law N 402-FZ. But the composition of the annual accounting (financial) statements is determined only by the Law (clause 1, article 14 of Law N 402-FZ).

The prototype of industry standards are regulatory documents governing accounting in insurance organizations.

A new document for companies is the accounting standards of an economic entity. In short, they began to be called intracompany standards.

Intracompany standards are not required.

Currently, organizational issues are included in the accounting policy. Although this is not entirely correct. The accounting policy is nevertheless intended to consolidate decisions on which the quality of information about accounting objects depends (clause 2, clause 6, article 8 of Law N 402-FZ). Moreover, changes in accounting policies have an impact on the financial statements (section III PBU 1/2008). And, let's say, who exactly does the accounting - personally the director, a staff accountant or a third party under a civil law contract - is unprincipled for reporting. Intracompany standards are more appropriate to reflect such decisions. They can also include job descriptions of accountants, regulations on trade secrets, internal control rules.

Recommendations in the field of accounting are developed and adopted by subjects of non-state regulation of accounting (clause 5, article 24 of Law N 402-FZ). These are non-profit organizations pursuing the goals of developing accounting (clause 2, article 22 of Law N 402-FZ). These goals should be defined in their constituent documents (clause 2, article 52 of the Civil Code of the Russian Federation).

The federal executive body responsible for the development of state policy and legal regulation in the field of accounting and financial statements is the Ministry of Finance of the Russian Federation (Minfin of Russia).

One of the functions of the Central Bank of the Russian Federation is to determine the procedure for conducting cash transactions. In particular, this function is implemented in the Regulation on the procedure for conducting cash transactions with banknotes and coins of the Bank of Russia on the territory of the Russian Federation (approved by the Bank of Russia on October 12, 2011 N 373-P). The regulation establishes requirements for the execution of primary documents and workflow in this area of accounting. The requirements of the Bank of Russia are subject to mandatory compliance (clause 1, article 30 of Law N 402-FZ). Moreover, some of the violations of cash discipline threaten with administrative fines (Article 15.1 of the Code of Administrative Offenses of the Russian Federation).

The activities of the Ministry of Finance of Russia in the field of accounting regulation, as well as the functions of subjects of non-state accounting regulation, are described in Art. Art. 23 - 28 of the Law N 402-FZ. A feature of the further development of accounting is that the development of federal standards should be accompanied by their public discussion, including in the professional accounting community.

It should be noted that self-regulatory organizations operate in accordance with the Law of December 1, 2007 N 315-FZ "On Self-Regulatory Organizations".

Self-regulatory organizations of accountants have not yet been created, but are being actively discussed.

The legislator regulated in great detail the procedure for adopting federal standards. However, these rules have no practical significance. They should guide the developers of official documents in the field of accounting regulation. Therefore, we refrain from commenting on these articles.

We add that the Regulation on the Council for Accounting Standards was approved by Order of the Ministry of Finance of Russia dated November 14, 2012 N 145n.

Document storage

To comply with the requirements of this article, it is necessary to be guided by the List of typical managerial archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating the storage periods (approved by Order of the Ministry of Culture of Russia dated August 25, 2010 N 558). In particular, on the basis of the List, documents (protocols, acts, calculations, statements) on the revaluation of fixed assets, determining the depreciation of fixed assets, assessing the value of the organization's property are stored permanently, and books, magazines, accounting cards for fixed assets (buildings, structures) - for five years after the liquidation of fixed assets.

The storage of accounting documents is organized by the head of the economic entity (clause 1, article 7 of Law N 402-FZ).

Violation of the procedure and terms of storage of accounting documents entails the imposition of an administrative fine on officials in the amount of 2,000 to 3,000 rubles. (Article 15.11 of the Code of Administrative Offenses of the Russian Federation).

The handling of documents during the reorganization or liquidation of organizations is regulated by paragraphs 4 - 10 of Art. 23 of the Federal Law of October 22, 2004 N 125-FZ "On Archival Affairs in the Russian Federation".

However, tax laws generally provide for a shorter period for keeping records. Namely, taxpayers are obliged to ensure the safety of accounting and tax accounting data and other documents necessary for the calculation and payment of taxes for four years (clause 8, clause 1, article 23 of the Tax Code of the Russian Federation). However, if your company reflects losses in tax returns, then supporting documents for them should be kept for 10 years (clauses 2 and 4 of article 283 of the Tax Code of the Russian Federation, Letter of the Ministry of Finance of Russia dated May 25, 2012 N 03-03-06 /1/278). These terms provide the possibility of conducting tax audits (clause 7, article 78, clause 4, article 89 of the Tax Code of the Russian Federation).

Features of the application of the Law

How to determine which of the documents approved by the Ministry of Finance of Russia before January 1, 2013 contain rules?

A rule is a rule of law. It is commonly understood as a generally binding state prescription of a permanent or temporary nature, designed for repeated use. The sources of legal norms are normative legal acts (clause 2 of the Explanation on the Application of the Rules for the Preparation of Normative Legal Acts of Federal Executive Authorities and Their State Registration, approved by Order of the Ministry of Justice of Russia dated May 4, 2007 N 88).

The Ministry of Finance of Russia is a federal executive body. Therefore, the documents adopted by him are subject to Decree of the President of the Russian Federation of May 23, 1996 N 763 "On the procedure for publishing and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies." From paragraph 10 of the Decree it follows that the acts of the ministry, which have not been assigned a state registration number in the Ministry of Justice of Russia, do not entail legal consequences as not having entered into force. They cannot serve as a basis for regulating the relevant legal relations, imposing sanctions on citizens, officials and organizations for failure to comply with the instructions contained in them. These acts cannot be referred to in resolving disputes.

Consequently, the rules contain only those orders of the Russian Ministry of Finance that are registered with the Russian Ministry of Justice. And if the order (or other document) of this or that department is recognized by the Ministry of Justice as not requiring state registration, then outside the walls of this department it is of a recommendatory nature.

We emphasize that the decrees of the President of the Russian Federation are binding on the entire territory of the Russian Federation by virtue of paragraph 2 of Art. 90 of the Constitution of the Russian Federation.

The named criterion is satisfied by the Regulation on accounting and financial reporting in the Russian Federation and PBU 1/2008 "Accounting policy of the organization". Please note: from the title of Sec. II and III of the Regulations also follow that they contain the rules for accounting and preparation of financial statements.

The Order of the Ministry of Finance of Russia dated November 25, 2011 N 160n, which introduced International Financial Reporting Standards, also has a state registration number. The right to apply IFRS is granted to us by paragraph 7 of PBU 1/2008.

But PBU 4/99 "Accounting statements of organizations" is recognized as not needing state registration. Therefore, it is impossible to demand its strict observance. For the same reason, the Guidelines for the inventory of property and financial obligations (approved by Order of the Ministry of Finance of Russia dated June 13, 1995 N 49) are not a source of rules either.

By the way, during the period of Law N 129-FZ, the reason for the non-mandatory use of unified forms of primary accounting documents was precisely the lack of state registration for the resolutions of the Goskomstat of Russia that approved them.

We have decided on the source of the rules. They are contained by most PBUs that regulate the accounting of certain objects. Among them - PBU 9/99 "Income of the organization" and PBU 10/99 "Expenses of the organization".

In addition, in the absence of new by-laws, it is advisable to be guided by the Concept of Accounting in the Market Economy of Russia. In particular, it contains the most general definitions of such accounting objects as "assets" and "liabilities" (clauses 7.2 and 7.3 of the Concept).

It is important that the "old" rules, adopted during the period of the Law 129-FZ, are subject to application only in terms of accounting and preparation of financial statements. This is directly stated in the commented article. Moreover, they operate in the same area that is outlined by the legislator for federal accounting standards (because they remain valid until the latter are approved). For this reason, the previous rules for reporting and publishing reports from January 1, 2013 are no longer relevant.

1. Accounting (financial) statements should give a reliable idea of the financial position of an economic entity as of the reporting date, the financial result of its activities and the cash flow for the reporting period, which is necessary for users of these statements to make economic decisions. Accounting (financial) statements should be compiled on the basis of data contained in accounting registers, as well as information determined by federal and industry standards.

2. An economic entity draws up annual accounting (financial) statements, unless otherwise established by other federal laws, regulatory legal acts of the bodies of state regulation of accounting.

3. Annual accounting (financial) statements are prepared for the reporting year.

4. Interim accounting (financial) statements are prepared by an economic entity in cases where the legislation of the Russian Federation, regulatory legal acts of state accounting regulation bodies, agreements, constituent documents of an economic entity, decisions of the owner of an economic entity establish the obligation to submit it.

5. Interim accounting (financial) statements are prepared for a reporting period less than a reporting year.

6. Accounting (financial) statements must include performance indicators of all divisions of an economic entity, including its branches and representative offices, regardless of their location.

7. Accounting (financial) statements are prepared in the currency of the Russian Federation.

7.1. Accounting (financial) statements are prepared on paper and (or) in the form of an electronic document signed with an electronic signature. If the legislation of the Russian Federation or an agreement provides for the submission of accounting (financial) statements to another person or to a state body on paper, an economic entity is obliged, at the request of another person or state body, to make hard copies of accounting (financial) statements at its own expense, compiled as an electronic document.

8. Accounting (financial) statements are considered drawn up after they are signed by the head of the economic entity.

9. Approval and publication of accounting (financial) statements are carried out in the manner and in cases established by federal laws. If federal laws and (or) constituent documents of an economic entity provide for the approval of the accounting (financial) statements of an economic entity, it is not allowed to make corrections to such statements after their approval.

11. No trade secret regime can be established with regard to accounting (financial) statements.

12. Legal regulation of consolidated financial statements is carried out in accordance with this Federal Law, unless otherwise provided by other federal laws.

the federal law

"On Accounting" No. 129-FZ

Article 1. Accounting, its objects and main tasks

Article 2. Concepts used in this Federal Law

Article 3. Legislation of the Russian Federation on accounting

Article 8. Basic requirements for accounting

Level 1 (laws and other legislative acts):

Level 2 (system of national accounting standards):

Level 4 (internal working documents developed by the enterprise itself).

Scope

New terminology

Accounting legislation

Accounting objects

Accounting objects

Who Should Keep Accounts?

Organizing time

Accounting policy

Primary documents

Accounting registers

Inventory

Money dimension

Accounting

Reorganization of legal entities

Features of accounting during liquidation

Required report copy

Internal control

Accounting regulation

Document storage

Features of the application of the Law

Loans

Credit history

Mortgage

For business

Miscellaneous about finance

Contributions, deposits

Finance and more

Getting cards