State bodies regulating audit activity in the Russian Federation. Regulation of audit activity. Bodies regulating the audit activity of the Russian Federation

08.12.2019

Regulatory regulation audit activity in the Russian Federation is multilevel. In this area, there is a main special law, as well as numerous by-laws that approve the standards that auditors are guided by. Read about the system and structure of regulations governing audit activities in this article.

Who carries out state regulation of auditing activities

The body that plays a leading role in the control and regulation of the work of auditors is the Ministry of Finance of the Russian Federation. The department for regulation of state financial control, audit activities, accounting and reporting (Article 15 of the Federal Law "On Auditing" dated December 30, 2008 No. 307-FZ).

So, for example, this division of the Ministry of Finance conducts:

norm-setting activities in the area under consideration;
register of auditors and their SROs, etc.

In addition, there is an Auditing Council (hereinafter referred to as the Council). It periodically (at least once a quarter) meets at the Ministry of Finance of Russia. This body acts more as an expert and critic: it studies draft resolutions, makes its proposals and recommendations, evaluates the quality control of the audit. A complete list of functions is given in the regulation "On the Council for Auditing", approved by order of the Ministry of Finance of Russia dated December 29, 2009 No. 146n.

To organize the workflow, including making decisions, a working body has been created under the Council.

In addition to everything, the auditors organize a non-profit self-regulatory organization(SRO).

Conclusion! Thus, state regulation of audit activity in the Russian Federation is carried out at several levels.

The system of regulatory and legal regulation of auditing activities in the Russian Federation

Legal regulation of audit activity in the Russian Federation includes several levels:

The main title document is Law No. 307-FZ. Its structure will be discussed below.
Then follow the International Standards on Auditing, introduced from 01.01.2017 by orders of the Ministry of Finance of the Russian Federation No. 207-n of 9.11.2016 and No. 192n of 24.10.2016 (replaced by order of the Ministry of Finance of the Russian Federation of 01.09.2019 No. 2n). The standards describe the procedure for the interaction of the auditor with the management of the audited organization, drawing up an audit assignment, and preparing reports.
3rd level includes guidelines, clarifications on individual (private) issues approved by the Council.
Rules, requirements, clarifications and other regulations established by SROs and private companies providing audit services are also taken into account by auditors. They are on the 4th level legal regulation activities of auditors.
Technical issues such as the procedure for maintaining registers (SROs or auditors) or the rules for conducting qualification exams are often regulated by letters from the Ministry of Finance of Russia.

The main provisions of the law on auditing

Since Law No. 307-FZ is the fundamental act for the organization and regulation of auditing activities in the Russian Federation, in this section we will study its structure.

Law No. 307-FZ consists exclusively of articles, it lacks sections or chapters:

The first 4 articles are introductory, they contain the basic concepts (terms) and key points associated with them. For example, in Art. 4 defines the concept of "auditor" and states that the status is acquired only after entering information about the person in the register of auditors.
After listing the situations in which an audit is mandatory (Article 5), Law No. 307-FZ defines what an audit opinion is, how audit activities are organized in general, and what relates to audit secrecy (Article 6-9). Of course, it contains only the main points, which are described in more detail in the regulations of the lower levels.
Art. 10-12 of Law No. 307-FZ are related to quality control of the work of auditors.
In Art. 13-14 of Law No. 307-FZ lists the rights and obligations of audit participants: auditors and audited entities.
How is the state regulation of audit activity described in Art. 15-22. It also tells about the procedure for organizing SROs, the conditions for membership of auditors in SROs, disciplinary measures against auditors and control over the activities of SROs.
The last 4 articles of Law No. 307-FZ contain several additional requirements and notes, cancel a number of normative acts and put this law into effect.

Thus, Law No. 307-FZ, although concise, is meaningful and imperative.

A few words about ISA

Thus, the system of regulatory regulation of audit activity has now acquired a complete outline, having carried out integration into international law - the transition to international standards audit.

Speaking about the system of regulatory regulation of auditing activities in the Russian Federation , First of all, they mention Law No. 307-FZ as a normative act establishing legal framework audit activity. It is followed by the ISA and several other regulations that are still in force, interpreting, clarifying and supplementing almost every provision of the said law.

Bodies regulating the audit activity of the Russian Federation

The bodies regulating audit activity in the Russian Federation include:

1) authorized federal body state regulation audit activities;
2) an audit council under the authorized federal body;
3) accredited professional associations.

The authorized federal body for state regulation of audit activity is the Ministry of Finance of the Russian Federation.

The main functions of the UFO:

1) publication, within its competence, of regulatory legal acts regulating audit activities;
2) organizing the development and submission for approval by the Government of the Russian Federation of federal rules (standards) for auditing; 3) organization of a system for certification, training, advanced training of auditors, licensing of audit activities;
4) organization of a system of supervision over compliance by audit organizations and individual auditors with licensing requirements and conditions;
5) control over compliance by audit organizations and individual auditors with federal rules (standards) of audit activity;
6) determination of the scope and development of the reporting of audit organizations and individual auditors;
7) maintaining state registers of certified auditors, audit organizations, individual auditors, professional audit associations, educational and methodological centers, providing information contained in the registers to all interested parties;
8) accreditation of professional audit associations.

The Audit Council under the authorized federal body is organized to take into account the opinions of professional participants in the audit market. In accordance with the Law, the audit council:

1. takes part in the preparation and preliminary review of the main documents of audit activities and draft decisions of the authorized federal body;
2. develops federal rules (standards) of audit activity, reviews them periodically and submits them for consideration by the authorized federal body;
3. considers appeals and petitions of accredited professional audit associations and makes appropriate recommendations for consideration by the authorized federal body;
4. performs other functions in accordance with the regulation on the audit council.
1. Accredited professional audit association - an association of auditors, individual auditors, audit organizations, established in accordance with the law Russian Federation in order to ensure the conditions for the audit activities of its members, protect their interests, acting on a non-commercial basis, establishing rules (standards) for the implementation of professional activity and professional ethics, which systematically monitors their observance, which has received accreditation from the authorized federal body.
2. A professional audit association that satisfies the requirements specified in paragraph 1 of this article, and whose members are at least 1,000 certified auditors and (or) at least 100 audit organizations, is entitled to submit an application for its accreditation to the authorized federal body.

Accreditation in the authorized federal body means the official recognition and registration of professional associations by this body.

The procedure for obtaining accreditation, refusing to issue and revoking accreditation, the rights and obligations of accredited professional audit associations are determined by the authorized federal body, taking into account the requirements of this Federal Law and the recommendations of the Audit Council.

3. Any audit organization and any individual auditor may be members of at least one accredited professional audit association.
4. Accredited professional audit associations have the right: to participate in certification for the right to carry out audit activities conducted by the authorized federal body; in accordance with qualification requirements authorized federal body to develop learning programs and plans, provide professional training for auditors; independently or on behalf of the authorized federal body to conduct quality checks of the work of audit organizations or individual auditors who are their members; based on the results of the inspections, apply measures of influence to the guilty persons and apply to the authorized federal body with a reasoned petition to impose a penalty on such persons; apply to the authorized federal body for the issuance of auditor qualification certificates to applicants; petition the authorized federal body to suspend and annul the auditor's qualification certificate in respect of its members; apply to the authorized federal body for the issuance, suspension and cancellation of a license in respect of its members; apply to the audit council with proposals for the regulation of audit activities; promote the development of the audit profession and improve the efficiency of auditing in the Russian Federation; protect the professional interests of auditors in the bodies state power the Russian Federation and subjects of the Russian Federation, courts and law enforcement agencies; develop and publish literature and periodicals audit and related services; represent the interests of auditors in international professional organizations auditors; perform other functions determined by the authorized federal body.
5. When canceling the license to carry out audit activities of an audit organization or an individual auditor, this audit organization or this individual auditor is excluded from all accredited professional audit associations of which they are members, without the right to re-enter both these accredited professional audit associations and others accredited associations for a period established by the authorized federal body, but not more than three years from the date of cancellation of the license of this audit organization or this individual auditor.

Bibliography

professional accredited auditing authority

1. Audit: Proc. for university students enrolled in economic specialties / Ed. IN AND. Podolsky. 4th ed., revised. and additional M.: UNITI-DANA, 2008. 744 p.
2. Makarova L.G. Requirements for the preparation and execution of audit reports and reports // Auditor sheets, 2009, No. 5
3. Podolsky V.I. Classification of auditing standards // Auditorskie Vedomosti. 2010. №6. pp. 3 - 12.
4. Selyanina E.N. The results of the audit: practical aspects // Auditorskie Vedomosti. 2009. No. 10. pp. 66 - 69.
5. Sotnikova L.V. Auditor's report: the procedure for drawing up // Auditor sheets, 2009, No. 3

The audit requires regulations and the system of bodies entrusted with control functions to verify compliance auditors requirements legislation Russian Federation.

Audit activity govern the following regulations.

1. Laws and other normative acts of the Russian Federation:

· Federal Law No. 119-FZ dated 07.08.2001 “On Auditing Activities”;

· Decree of the Government of the Russian Federation No. 190 dated March 29, 2002 “On Licensing Auditing Activities”, valid until July 1, 2006; order of the Ministry of Finance of Russia dated September 12, 2002 No. 93n “On approval of the temporary regulation on the system attestations , learning and improving qualifications auditors in the Russian Federation”;

· other regulations that do not contradict the Federal Law of August 7, 2001 No. 119-FZ “On Auditing”.

2. Federal approved by the Government of the Russian Federation.

3. Industry regulations:

· internal rules (standards) in force in accredited professional audit associations;

The Code of Professional Ethics for Auditors, in force in accredited professional audit associations.

4. Intracompany rules (standards) of auditing activities in force in audit organization from an individual auditor.

Main normative act regulating audit in Russia is the Federal Law of August 7, 2001 No. 119-FZ “On Auditing”. It gives the concept of audit, audit services, defines the rights, obligations, responsibilities of the audited entities, the audit organization; certification requirements are disclosed, licensing ; the bodies entrusted with control functions over compliance with the requirements of legislation in the field of audit have been determined.

Control over compliance with legislation, auditing standards and professional ethics can be carried out both by the authorized state body and by professional audit associations. AT international practice various approaches to the regulation of audit activities have developed: from a system rigidly centralized by the state in France, where the Corporation experts -accountants (operating since 1945) is under the patronage of the Ministry of Finance, and the Association of Commissioners for Accounts (operating since 1968) ¾ of the Ministry of Justice and the judiciary, to a system of self-regulation through professional public audit associations in English-speaking countries (USA, Great Britain). In the first case, the users of the results audit , presented together with the financial statements, is the state, in the second ¾ investors , owners. 1 In English-speaking countries, there is a change in the trend of development of control over audit activities carried out by the state, which indicates the strengthening of the role of state control regarding professional associations.

The bodies exercising control over audit activities in Russia include:

· an authorized federal executive body determined by the Government of the Russian Federation;

Accredited professional audit associations.

In accordance with Art. 18 of the Federal Law of August 7, 2001 No. 199-FZ “On Auditing”, the authorized federal executive body represented by the Ministry of Finance of Russia is entrusted with the following functions:

· publication of normative acts within its competence;

· organization of development and submission for approval to the Government of the Russian Federation of rules (standards) of audit activity;

organization of the system attestations , training, advanced training, licensing ;

organization of a system of supervision over compliance with license requirements;

· control over observance of federal rules (standards) of auditor activity;

· determination of the volume and procedure for reporting on audit activities, financial statements (since 1999, a data bank has been formed on reports sent by audit organizations in accordance with the order of the Ministry of Finance of Russia dated October 27, 1999 No. 69n 2);

maintaining a register of auditors, audit firms;

· implementation of accreditation of professional audit associations.

Professional audit associations in accordance with Art. 20 of the Federal Law of August 7, 2001 No. 119-FZ “On Auditing Activities” are self-regulatory and are created in order to ensure conditions audit activity of its members, monitoring the quality of their professional services, protecting their interests, act on a non-commercial basis.

Accredited professional audit associations have the right to:

· participate in certification for the right to carry out audit activities;

develop curricula, plans, and carry out professional training in accordance with the qualification requirements auditors ;

· conduct quality checks of the work of its members independently or on behalf of the authorized federal body;

take action on the results of inspections;

· apply to the authorized federal body with a petition against its members a) to impose a penalty for non-compliance with the law; b) on issuance to applicants, suspension of validity, annulment of qualification certificates of auditors; c) on the issuance, suspension of validity, annulment licenses ;

· make proposals on the regulation of audit activities;

· promote the development of the audit profession and improve the efficiency of auditing in the Russian Federation;

· protect the professional interests of auditors in public authorities of the Russian Federation, subjects of the Russian Federation, courts, law enforcement agencies;

develop and publish literature on audit and related services;

· to represent the interests of auditors in international professional organizations of auditors;

perform other functions.

Professional audit organizations should:

Obtain accreditation from the authorized federal body;

Establish rules (standards) binding on its members for the implementation of professional activities;

Determine requirements for professional ethics;

· carry out systematic monitoring of compliance with professional and ethical standards.

An accredited professional audit association must have at least 1,000 certified auditors and (or) at least 100 audit organizations. In the future, it is planned to transfer broad powers to organize and exercise external control to accredited audit associations audit quality in relation to audit firms and auditors. It is proposed that each audit organization, the auditor will be required to undergo external quality control of work at least once every two or three years.

According to Art. 19 of the Federal Law of 07.08.2001 No. 119-FZ “On Auditing Activities”, an Auditing Council was established under the authorized federal executive body. It is created to take into account the opinion of professional participants in the audit market and performs the following functions:

· takes part in the preparation and preliminary review of the main documents of the audit activity and draft decisions of the Ministry of Finance of Russia;

develops federal rules (standards) of audit activity periodically reviews them and submits them for consideration to the Ministry of Finance of Russia;

· considers appeals and petitions of accredited professional audit associations and makes appropriate recommendations for consideration by the Russian Ministry of Finance.

In accordance with federal law dated 07.08.2001 No. 119-FZ "On Auditing" a large role in the organization of external quality control and the development of audit in Russia is given to professional audit associations.

1 Audit / Yu. A. Danilevsky, S. M. Shapiguzov, N. A. Remizov et al. M.: ID FBK PRESS, 2002.

2 Order of the Ministry of Finance of Russia dated October 27, 1999 No. 69n “On approval of the procedure for submitting a report by audit organizations and auditors licensed to carry out audit activities in the field of general audit, audit of stock exchanges, extra-budgetary funds and investment institutions, as well as audit of insurers” // Financial newspaper . 1999. No. 51.

There are two main areas: state regulation(from government agencies) and self-regulation(by public audit organizations). In Russia, the regulatory system is still in the process of formation, in this moment state regulation prevails, but in the process of reforming, more and more elements of self-regulation appear.

Articles 18 and 19 of the Law of August 7, 2001 No. 199-FZ “On Auditing” define the functions of the authorized federal body for state regulation of auditing activities (Ministry of Finance) and the functions of the Audit Council under the authorized federal body. Main functions of the Ministry of Finance are: 1) publication, within its competence, of normative legal acts regulating auditing activities; 2) organizing the development and submission for approval to the Government of the Russian Federation of federal rules (standards) for auditing; 3) organization, in accordance with the procedure established by the legislation of the Russian Federation, of a system for attestation, training and advanced training of auditors in the Russian Federation, licensing of auditing activities; 4) organization of a system of supervision over compliance by audit organizations and individual auditors with licensing requirements and conditions; 5) control over compliance by audit organizations and individual auditors with federal rules (standards) of audit activity; 6) determination of the volume and development of the procedure for submitting reports of audit organizations and individual auditors to the authorized federal body; 7) maintaining state registers of certified auditors of audit organizations, individual auditors, professional audit associations and educational and methodological centers in accordance with the regulation on maintaining registers approved by the authorized federal body, as well as providing information contained in the registers to all interested parties; 8) accreditation of professional audit associations.

Audit Council organized under the authorized federal body in order to take into account the opinions of professional participants in the audit market. In accordance with the Law, the audit council: 1) takes part in the preparation and preliminary review of the main documents of audit activities and draft decisions of the authorized federal body; 2) develops federal rules (standards) of audit activity, periodically reviews them and submits them for consideration by the authorized federal body; 3) considers appeals and petitions of accredited professional audit associations and makes appropriate recommendations for consideration by the authorized federal body; 4) performs other functions in accordance with the regulation on the audit council.

The bodies exercising control over audit activities in Russia include:

Authorized federal executive body determined by the Government of the Russian Federation;

Self-Regulatory Organizations of Auditors (SROA).

To the Ministry of Finance of Russia the following functions are assigned:

Publication, within its competence, of normative legal acts regulating auditing activities;

Organization of the development and submission for approval to the Government of the Russian Federation of federal rules (standards) of auditing;

Organization, in accordance with the procedure established by the legislation of the Russian Federation, of a system for attestation, training and advanced training of auditors in the Russian Federation, licensing of auditing activities;

Organization of a system of supervision over compliance by audit organizations and individual auditors with licensing requirements and conditions;

Control over compliance by audit organizations and individual auditors with federal rules (standards) of audit activity;

In order to take into account the opinion of professional auditors, an authorized federal body creates Audit Council (SpAD) whose members are approved by the head of the authorized body on the proposal of accredited professional audit associations, federal executive bodies, scientific organizations and higher educational institutions.

The Audit Council has the following functions:

Participation in the preparation and preliminary review of the main documents of audit activities and draft decisions of the authorized federal body;

Development of federal rules (standards) of audit activity, their periodic revision and submission for consideration by the authorized federal body;

Consideration of appeals and petitions of accredited professional audit associations for the preparation of recommendations for the authorized body;

Study, generalization and dissemination of audit experience in Russia and abroad;

Organization of preparation of information, methodological and teaching materials on audit activities and their distribution in audit organizations;

The Federal Law "On Auditing Activities" introduced the concept self-regulatory organizations of auditors - operate on a non-commercial basis and establishes internal rules (standards) for the implementation of professional activities and professional ethics that are mandatory for its members, as well as systematically monitors their observance.

A non-profit organization is included in the state register of SROs, provided that its conformity next requirements :

1) associations in the SRO as its members at least 700 individuals or at least 500 commercial organizations that meet the requirements established by this Federal Law for membership in such an organization;

2) the existence of approved rules for the implementation of external quality control of the work of members of the SROA, the adopted rules for the independence of auditors and audit organizations and the adopted code of professional ethics for auditors;

3) providing SROA with additional property liability of each of its members to consumers of audit services and other persons through the formation of a compensation fund (compensation funds) of the SROA.

4) To carry out activities as an SROA, a non-profit organization must create specialized bodies that carry out:

Monitoring compliance by members of the SROA with the requirements of this Federal Law, auditing standards, rules for the independence of auditors and audit organizations, the code of professional ethics for auditors;

Consideration of cases on the application of disciplinary measures against members of the SROA.

5) SROA cannot be a member of another SROA.

Self-regulatory organizations of auditors have the right to:

Participate in attestation for the right to carry out audit activities, develop curricula and plans, provide professional training for auditors;

Independently or on behalf of the authorized federal body, conduct quality checks of the work of audit organizations or individual auditors who are their members; based on the results of inspections, apply measures of influence to the guilty persons and apply to the authorized federal body with a reasoned petition to impose a penalty on such persons;

Apply to the authorized federal body to issue auditor qualification certificates to applicants, to suspend and annul the auditor qualification certificate in respect of its members;

Apply to the authorized federal body for the issuance, suspension and cancellation of a license in respect of its members;

Apply to the Audit Council with proposals on the regulation of audit activities;

Promote the development of the audit profession and improve the efficiency of auditing in the Russian Federation;