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Sources of financial law and their systematization

Financial law is one of the legal branches. It is divided into a number of norms of financial and legal nature. Together they form an integral complex system, within which the financial and legal norms are grouped into larger sections and institutions in a certain order and interdependence. Financial and legal norms are grouped according to what kind of financial relations they regulate, and what are the practical needs of this.

The concept of

Thus, the system and sources of financial law is its internal structure, uniting and disposing financial and legal norms in a certain sequence, conditioned by objective circumstances in the system of social and financial relations, as well as the external forms of its concrete expression. These include legal acts with the financial and legal norms contained in them, passed by the representative and executive bodies of both the central government and local self-government.

Nature of activity

Sources of financial law are formed in the process of lawmaking, based on the financial aspects of the work of the state and local governments. Each of these sources is a certain legal norm created or sanctioned by the state system. All together the sources of financial law are a kind of closed order system, within which the elements are arranged in a hierarchical sequence. They are called upon to comprehensively regulate public financial relations. These are any acts (normative, legal) in which provisions, comments on the state financial activities of the local administration are recorded. From the content side, sources of financial law regulate property issues when it refers to public, so-called open financial activities, issues of financial control, prosecution for financial offenses.

Main goals

Sources of financial law usually carry out two interrelated and interrelated tasks:

  1. Law-making.
  2. Formation of certain common for all norms of conduct in the field of financial relations. They are fixed in the working legislation and regulate various fees and taxes. The system of sources of financial law consists of laws and normative legal documents of a subordinate nature.

Russian Federation and Financial Law

The legal regulation of financial activities 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 adopted at the level of the federation, regions and municipal bodies. They are the sources of the financial law of the Russian Federation.

As in any state, in Russia the Basic Law is the Constitution of the Russian Federation. It contains both the main sources of financial law, and the basis for a normative legal settlement in public relations, in the allocation and use of monetary resources allocated by the Center and non-centralized state funds. Therefore, the provisions prescribed in the Constitution actively influence the current specific financial laws, as well as financial law in general. Hence the sources of financial law are subject to so-called constitutionalization. It is expressed in the fact that the constitutional and financial law have an impact on property public relations :

  1. The Constitution directly enshrined the most important public financial norms and relations. They are regulated directly through constitutional norms.
  2. Financial laws regulate a certain sphere of relations in the society strictly in accordance with the provisions of the Constitution and under its control.
  3. Constitutional provisions help to overcome or eliminate competition in legal norms and resolve legal conflicts. This happens through the Constitutional Court of the Russian Federation.

Thus, the main source of financial law should be considered the Constitution of the Russian Federation, as well as the constitution and the Statutes of all entities that are members of the Federation. This should also include presidential decrees and government regulations in the field of finance, etc.

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