1. The norms of which branches of law will regulate actions if you:
Answered on November 13, 2015 17:53
Sorry for the length of the answer, please) Summary of the discipline "Jurisprudence" Completed 1 st course student group № 354 Faculty AAP Avdeev Ivan Vladimirovich Federal educational institution VPO "Academy of Civil Aviation" Department №2 St. Petersburg 2005 1. Introduction Having chosen the topic of financial law, I made an informed choice. After graduating from the economical gymnasium, I had many questions that I did not understand, which I tried to figure out. Financial law, like any other branch of Russian law, has its own subject of legal regulation. The subject of legal regulation of financial law is social relations arising in connection with the implementation of financial activities by the state, due to the presence in the country of commodity-money relations, the need for distribution and redistribution of the value of gross social product and part of national income. In the conditions of the emergence of market relations, the state, when managing a society, actively uses such economic levers as finance, money, credit, taxes, etc. These economic categories define the essence of social relations that are the subject of financial and legal regulation. Financial law has its own subject of legal regulation and the method of legal regulation stipulated by it; therefore, financial law is an independent branch of law. However, this conclusion in the theory of law remains controversial. The presence of different points of view on the nature of financial law is explained by the fact that it is closely interrelated with other branches of law, and mainly with constitutional, administrative and civil law. When delimiting financial law from related branches of law, it is necessary to take into account the nature of its subject and the peculiarities of the method of legal regulation. Financial law is an independent branch of law, which is a set of legal norms regulating social relations arising in the process of creation, distribution and use of certain funds by the state. 2.1 the Concept of financial law Financial law is a set of legal norms regulating social and financial relations established and protected by the government, arising in the process of formation, distribution and use of state funds necessary for the implementation of the tasks of socio-economic development of the country. Financial law is divided into general and special parts. The general part includes the norms fixing the general principles of financial activity, its legal forms. The special part contains sections regulating relations in the field of the state budget and insurance, taxes and fees, extrabudgetary state and municipal funds, finance companies, government revenues and credit, savings and money circulation, etc. - relations based on the activities of financial and credit authorities and currency regulation. In the conditions of the emergence of market relations, the state, when managing a society, actively uses such economic instruments as finance, money, credit, taxes, etc. Therefore, the study of the discipline "Financial Law" begins with the development of the concepts of finance, financial system, financial activities. In the economic and legal literature, the concept of "finance" is considered in two aspects: as a set of economic relations arising in the process of creating, distributing and using certain funds of monetary funds necessary for the state to perform its tasks and functions; as a set of funds of funds mobilized by the state to carry out its tasks. Finance is not the money itself, but the relationship between people about the formation, redistribution and use of funds of funds. Finance serves as an economic tool for the distribution of gross social product and national income. They are a means of controlling the production and distribution of material goods. As well as a means of stimulating the development of the state. It should be borne in mind that finance and financial relations are necessarily monetary relations, but not all relations about money are financial. So, the money serving the relations of sale and delivery, administrative fines, finances are not. These are public relations regulated by other branches of law: civil, administrative, etc. The subject of financial law as a science is a system of knowledge about financial law and the management of public finances. This science is a system of specific knowledge of financial law, which has a sufficient degree of unity, systematization and generalization. There are three components of this knowledge. First, this knowledge is embodied in the form of financial and legal categories. Financial law as a science is characterized by the fact that its content is a system of related and coordinated basic concepts: “government finances”, “financial activity of the state”, “financial acts”, “financial and legal norms”, “budget”, “tax system“ , "banking system". All other categories and concepts represent the concretization and deployment of the main categories. Secondly, this knowledge is embodied in the form of research on financial and legal norms and their institutions - fiscal, tax, banking law. At the same time, financial and legal norms are studied as phenomena of one order, constituting an independent branch of law, having their own area of legal settlement in its continuous development and improvement.On the basis of such a study, theoretical problems associated with the application of the norms of financial law in the practice of financial and credit workers and tax inspectors are identified and developed. Thirdly, this knowledge is embodied in the form of “experienced knowledge” (as defined by I. Kant). Financial law as a science studies its subject not dogmatically, but in close connection with life, with the law enforcement activities of financial bodies: it summarizes, analyzes the experience of developing financial law in the civilized countries of Europe and America and borrows everything acceptable for use in our country. You can talk about three functions performed by financial law as a science in relation to the current financial law - analytical, critical and constructive. The analytical function is to classify, comment on financial and legal norms, to bring all these norms into a coherent system. A critical function is to identify defects and omissions in the current legislation, to fix inconsistencies of a particular legal norm with the requirements of life. The constructive function contributes to the formation of new financial and legal norms and institutions, that is, its action precedes the issuance of a new law and is used in the process of the rule-making activities of the state. In the course of the financial activity of the state, in addition to financial, other social relations, for example, labor, civil, etc., regulated by the relevant branches of law, arise. Financial law applies only to financial relations. So, financial law is a set of legal norms regulating social relations that arise in the process of formation, distribution and use of monetary funds (financial resources) of the state and local authorities necessary for the implementation of their tasks. 2.2 Subject and method of financial law It is known that one branch of law differs from another subject and method of legal regulation. According to the subject and features of the method of legal regulation, financial law takes an independent place in the Russian legal system. It has its own subject and method of legal regulation, different from other branches of law. The subject of financial law includes the consolidation of the structure of the financial system, the distribution of competence in this area between the Federation and its subjects, local self-government in the person of the relevant authorities, regulation on the basis of these initial norms of relations arising in the course of financial activity. The relations included in the subject of financial law differ in their content by a great variety, which is caused by the multiplicity of the financial system, its connection with all the structures of social production and distribution. So, the subject of financial law is social relations arising in the course of the state's activities on the systematic education, distribution and use of centralized and decentralized funds in order to implement its objectives. The main method of financial and legal regulation is government regulations of one participant in financial relations on the part of others, acting on behalf of the state and endowed with corresponding powers in this connection. This method is peculiar to other branches of law, for example, administrative.But in financial law, he has specificity in his specific content, as well as in the circle of bodies authorized by the state for power actions. In terms of their content, these regulations concern the procedure and amount of payments to the state budget system or extra-budgetary funds, the purposes of using public funds, etc. When using the state to form its resources of payments of a voluntary nature (government loans, treasury bonds, lotteries, etc.), the power instructions method also acts in a certain part. Thus, the state sets the conditions for the conduct of state domestic loans, the issuance of government treasury obligations, which cannot be changed by agreement of the parties, and is obligatory for the individuals to enter into these relations.
Answered on April 12, 13:16
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