Financial law - one of the legal industry.It is subdivided into a number of provisions of financial and legal nature.Together they form a coherent complex system within which financial and legal norms in a certain order and interdependence are grouped into larger sections and institutions.Financial and legal standards are grouped depending on the kind of financial relationship they regulate, and what are the practical needs that.
concept
Thus, the system and the sources of financial law - is its internal structure, combined and has the financial and legal norms in a certain sequence, due to objective circumstances in the public and financial relations and external forms of its concrete expression.These include legal acts with the contained financial and legal rules handed down by the representative and executive bodies of both the central government and at the local government level.
Nature of
Sources of financial law are formed in the legislative process, based on the financial aspects of the work of state and local governments.Each of these sources - or created prosanktsionirovannaya state system of certain legal norms.All together sources of financial law represent a kind of closed system order in which the elements are arranged in a hierarchical order.They are designed to comprehensively regulate public financial relationships.That all acts (regulatory, legal), which recorded provisions comments concerning the public financial management activities in the field.On the substantive side of the sources of financial law govern the property, when it refers to the public, the so-called public finance, financial control issues, the prosecution in the financial offenses.
main tasks
sources of financial law are usually performed two interdependent and interrelated objectives:
- Pravotvorchesky.
- certain formation common to all norms of behavior in the field of financial relationships.They are enshrined in legislation and working regulate various fees and taxes.System of sources of financial law consists of laws and legal documents bylaw nature.
Russian Federation and finance
Legal regulation of financial activity in the Russian Federation is carried out in most cases by the Constitutional Court of the Russian Federation.Legal acts in the country can be taken at the federal, regional and municipal authorities.They - the sources of financial law of the Russian Federation.
As in any country, in Russia, the Basic Law is the Constitution of the Russian Federation.It contains the main sources of finance, and regulatory legal framework for the settlement of public relations, distribution and use of focal points and decentralized public funds funds.Therefore, the provisions prescribed in the Constitution, to actively influence the now existing specific financial laws, as well as to finance in general.From the sources of financial law are subject to the so-called konstitualizatsii.It is expressed in the fact that property affects social relations and the constitutional right and the right financial:
- Constitution explicitly enshrined the most important public financial norms and attitudes.They are regulated directly by the constitutional norms.
- financial laws regulate certain areas of social relations in strict accordance with the Constitution and under its control.
- constitutional provisions help to overcome or eliminate competition in the law and to resolve legal conflicts.This occurs through the Constitutional Court of the Russian Federation.
Thus, the main source of financial law should be regarded as the Constitution of the Russian Federation, as well as the constitutions and charters of all subjects belonging to the Federation.This also should include presidential decrees and government regulations in the field of finance, etc.
