Law is a very vast area of activity, a phenomenon. Naturally, it is divided into several categories. One of the most important is financial law. What is it? We will analyze in the article. Consider the subject and concept of financial law. As well as its methods, main principles and functions.
What is it?
Let's start a conversation about the subject and concept of financial law. First, let's figure out what it is. Financial law refers to a set of legal rules governing a variety of social relations. The latter arise during the processes of education, distribution and further use of any monetary funds (in a different form - financial resources) of both the state and local government systems. These norms are necessary for the implementation of such public relations.
Subject
We continue the discussion about the concept and subject of financial law. We have already examined its definition. The subject is those social relations that appear during the implementation of state and local authorities financial activities. This refers to the creation, distribution and further use of various monetary funds.
The concept and subject of financial law is already becoming clearer to us. As for the subject, these are certain social relations that appear in the course of state activities for the planned education, distribution and use of both centralized and decentralized financial funds to follow national tasks.
Methods
It is important for us to decide on the concept, subject and method of financial law. It remains to find the last. The main method in financial and legal regulation is the issuance by the state authority of instructions to some participants in financial legal relations on the part of others. The latter here act on behalf of the state, which gives them the appropriate powers.
I must say that a similar method is applied in other branches of law. For example, in the administrative. However, in the financial sector, it has its own specifics, specific content, application by individual state bodies.
Functions
Three main functions of financial law are distinguished:
- Regulatory. This is the regulation of many legal relations in the niche of public finance. In particular, it is embodied through the formation, distribution and, finally, spending of public money funds.
- Security. This is the protection of socially important relations in the areas of public finance. Expressed by establishing liability for specific financial offenses and crimes. It is distinguished by a secondary nature - the function is derived from the regulatory.
- Additional, auxiliary functions. For example, compensation and recovery. Damage to public finances caused as a result of delay in tax payment shall be compensated by the payer by paying a penalty fee. The Tax Code also has rules on the offset and return of excessively paid taxes.
Relationship with other industries
The concept, subject, system of financial law interest many lawyers. This is one of the most important branches of law. Consider its features, distinguishing features in comparison with other industries.
Financial law extends to a specific area of government activity. In its action, it is in close contact with the constitutional and administrative legal branches. They, in turn, encompass activities, the organization of activities of the entire state, with their own influence.
Consider all industries with which one way or another financial law comes into contact (we consider the concept, subject, sources in this material):
- Constitutional (or state law). It establishes the foundations of the organization and activities of both executive and representative bodies of state power. This is a leading industry in all of Russian law. It rests on the foundations of the policy and social system of the Russian Federation, the legal status of citizens, the state federal structure, the fundamental principles of organizing the work of state authorities and local governments.
- Administrative law. With its help, there is a regulation of public relations in the field of public administration, which is carried out by the executive branch.
As for financial law, it applies to these sectors. Since the bodies operating under state and administrative law can engage in various financial activities.
We have completely understood the concept, subject, method and system of financial law. Now we will get acquainted with its fundamental principles.
Priority of public interest
This principle is important in the regulation of legal relations in the niche of financial activity of municipalities and the state. They are invited to use financial and legal institutions for state regulation of the economy, relying on tasks that are generally significant for the state.
Ultimately, the implementation of such a principle affects the private interests of each individual.
Federalism
According to the principle of federalism, the interests of state and subjective authorities should be harmoniously combined in state financial activities. It makes it possible to provide the required financial resources for the performance of those state functions that are important for the Russian Federation, for the independence and vital functions of all its subjects.
The unity of the monetary system and financial policy
The implementation of this principle of financial law is a necessary condition for the unity of the domestic economic space promised by the Russian Constitution and the free movement of funds in the country. In particular, this is mentioned in Part 1 of Art. 8.
And the unity of financial policy, in turn, requires the unity of the monetary system in the state. That is, it is necessary to have a single emission center, a single state currency, etc.
Equality of subjects in financial activities
The concept, subject and principles of financial law are fundamental characteristics for its study. The principle of equality of Russian subjects in relation to financial activity will be determined by Art. 5 of the Constitution of the Russian Federation. According to it, federal financial legislation applies to each of the regions in equal shares.
Beyond the borders of the Russian Federation and joint jurisdiction, each of these entities has its own legal financial regulation, conducts independent financial activity, approves local taxes, budget, etc.
Independence of local self-government
We briefly presented the concept and subject of financial law. Now we continue acquaintance with its principles.
This principle is also guaranteed by the Constitution - Art. 12, 130-133. The structure of local government is guided in its activities by both federal and regional legislation. They independently approve and subsequently execute local budgets, use various targeted extra-budgetary funds, establish local taxation, and other fees. However, the activities of representatives of local self-government should not contradict all-Russian and regional laws.
Social orientation
This principle directly emerges from the provisions of the Constitution, where our state is characterized as social, whose policy is focused on creating all conditions that can ensure free development, a decent life for every person in the country. This is art. 7.
This constitutional provision should be taken into account in the formation and further execution of budgets of all possible levels, as well as extrabudgetary municipal and state funds, in the various rules governing these processes, in financial public policy in general.
Separation of powers
The principle of separation of executive and representative power is based on the distribution of functions in financial state activities. Based on this principle, the Constitution of the Russian Federation defines the clear powers of both executive and legislative authorities.
For example, the State Duma (domestic representative body) is authorized to adopt bills related to the formation of the federal budget, approval of fees and taxes at the federal level, credit, foreign exchange regulation, and the issue of money supply.
And the competence of the Russian government (executive body) includes the development and subsequent submission to the State Duma of draft federal budgets, further ensuring its implementation, implementing a unified financial and credit policy for the country.
In a similar way, functions are distributed at other levels of the executive and legislative branches of the Russian state.
Citizen participation
The concept, subject, functions, method of financial law are presented in this article. As for the principle of the participation of Russian citizens in financial activities at the state and municipal levels, it leaves the provisions of the Constitution on the right of the population of the Russian Federation to participate in managing public affairs both personally and through elected representatives. This is stated in Part 1 of Art. 32.
This provision of the basic law of the state is directly related to financial activities. After all, it is an inseparable component of state activity as a whole.
Publicity
Its foundations are also approved by the norms of the Constitution. It requires the official publication of laws. This also applies to those bills that regulate financial activities in the country.
None of the normative acts that in any way affects the rights, freedoms and interests of citizens, can be applied if it was not published officially, became publicly available.
Planned
This principle is expressed in the fact that the work of the state and municipalities on the creation, distribution and subsequent use of financial resources takes place only on the basis of special financial plans.
They, in turn, are developed in accordance with local, state plans, programs of individual institutions, organizations and enterprises.
Legality
The concept, subject and system of international financial law are also applicable to Russia. The same can be said about the principle of legality. It prescribes strict, strict compliance with the requirements of financial and legal standards by all participants in legal relations, which may arise in the course of financial state activities.
This applies to state authorities, the structure of local self-government, organizations, enterprises, institutions and individual citizens.
We examined what financial law is. The concept, subject, method, functions (protective, regulatory, additional varieties) are now known to you. We examined the basic principles of such law, enshrined in the Constitution, its relationship with other industries. In particular, with administrative, constitutional law, their connection, intersection in specific areas.