Legal Encyclopedia. Letter F

FINANCIAL RIGHT

- An independent branch of the Russian law regulating social relations that arise in the sphere of financial activity of the state and local governments, ie, in connection with systematic education, distribution and use of state and local government funds of funds necessary for the performance of their functions.

The subject of the FP is the financial relationship, which include a wide range of public relations arising in connection with the organization of the budget system, the budget process, with the establishment of the representative office and executive authorities and local self-distribution

government revenue and expenditure of public funds; with the establishment and implementation of mandatory payments (taxes, fees, duties, etc.), legal entities and individuals; with the involvement of state for public needs funds from legal entities and individuals on a voluntary basis (by the state of internal loans and others.); the expenditure and the use of

representative and executive bodies, juridical persons of funds; the regulation of money circulation in the country; the regulation of relations within the system of financial and credit agencies; in connection with the implementation of financial control.

FP method - a method of government regulations involving legal entities inequality. These regulations are based mainly on financial, tax and credit bodies, within the system of state bodies and with adequate powers.

FP method is characterized by the following features:

1) one of the parties of financial relationships is always the public authority;

2) any legal person shall be obliged to execute an order given by a public authority;

3) The power requirements are not based on a relationship of subordination "vertically".

The principles of FP include:

1) the principle of legality, which means that the whole process of accumulation, distribution and use of funds of funds regulated by the norms of F. P .;

2) the principle of federalism, which is manifested in the distribution of powers of the Russian Federation and its subjects in the field of finance;

3) the principle of separation of powers, with priority in the field of financial activity of the state is given to representative bodies of power to the executive;

4) The principle of planning, meaning that all financial activities of the state is based on a system of financial planning acts -byudzhetov, estimates of budgetary institutions, the balance of enterprises, etc .;

5) the principle of transparency, according to which the content of the financial and legal acts, and other information on the financial activities of the state is brought to the attention of individuals and legal entities, including through the media.

Financial and legal standards are state-imperious, imperative

character, since their contents can not be changed by agreement of the participants in public relations.

Depending on the nature of the impact on the participants of financial relations

financial and legal norms are divided into binding prohibiting and

empowering.

By the time the coverage of financial and legal norms are common (set for an indefinite period of time) and temporary.

Depending on its content of financial and legal standards are divided into:

1) material (fixed types and amounts of monetary obligations of taxpayers to the state, determine the direction of budget spending and the amount and

etc.);

2) procedure (determined by the order of activity of subjects of financial relations, such as the passage of the budget).

FP system consists of 2 parts: general and special.

The general part covers the rules governing the general principles and methods of financial activity of the state. It defines the legal status of the subjects of financial relations, including public bodies and establishments that carry out within its jurisdiction financial activities.

The special part includes a variety of financial and legal institutions, each of which has the object of legal regulation, ie, regulates certain circle of financial relations arising in various diversified financial activity of the state.

Sources FP are acts of representative and executive bodies of state power and local self-government. Sources FP are: RF Constitution, Code (Civil, Tax, Budget), laws, decrees of the President of the Russian Federation, the Russian Federation Government, acts of government, departmental regulations, orders, instructions, regulations of ministries, bodies of state extra-budgetary funds , the Bank of Russia and the decisions of the Constitutional Court of the Russian Federation, international treaties and agreements of the Russian Federation with other countries.