Financial law is one of the legal branches. It is divided into a number of financial and legal norms. Together, they form an integrated complex system, within which financial and legal norms are grouped into larger sections and institutions in a specific order and interdependence. Financial and legal norms are grouped depending on what kind of financial relations they regulate, and what are the practical needs of this.
The concept
Thus, the system and sources of financial law is its internal structure, combining and disposing of financial and legal norms in a certain sequence, due to objective circumstances in the system of social and financial relations, as well as external forms of its concrete expression. These include legal acts with the contained financial and legal norms, issued by representative and executive bodies of both the central government and the local 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 government. Each of these sources is a specific legal norm created or sanctioned by the state system. All together, sources of financial law are a kind of closed-loop 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 and comments are recorded regarding the state financial activities of the local government. On the content side, sources of financial law regulate issues of property when it relates to public, so-called open financial activities, issues of control over finances, prosecution of financial offenses.
Main goals
Sources of financial law usually carry out two interdependent and interrelated tasks:
- Law-making.
- The formation of certain, common to all standards of behavior in the field of financial relations. They are enshrined in the current legislation and regulate various fees and taxes. The system of sources of financial law consists of laws and regulatory legal documents of a by-law nature.
Russian Federation and financial law
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 authorities. They are the sources of 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 regulatory legal regulation in public relations, in the distribution and use of monetary resources allocated by the Center and non-centralized state funds. Therefore, the provisions laid down in the Constitution actively influence specific financial laws that currently exist, as well as financial law in general. Hence, the sources of financial law are subjected to the so-called constitutionalization. It is expressed in the fact that both constitutional law and financial law have an impact on social property relations :
- The Constitution directly enshrined the most important public financial norms and relations. They are regulated directly through constitutional norms.
- Financial laws regulate a certain sphere of relations in society strictly in accordance with the provisions of the Constitution and under its control.
- Constitutional provisions help 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 constitutions and charters of all entities within the Federation. This also includes presidential decrees and government decrees in the field of finance, etc.