Financial Legal Relationship: Identification of the Branch Affiliation
- Authors: Karaseva M.V.1
-
Affiliations:
- Voronezh State University
- Issue: Vol 9, No 3 (2022)
- Pages: 9-15
- Section: Trending topic
- URL: https://journals.rcsi.science/2410-7522/article/view/109433
- DOI: https://doi.org/10.17816/RJLS109433
- ID: 109433
Cite item
Abstract
The article actualizes the relations that make up the subject of financial law. It is emphasized that the modern criteria for identifying these relations are not incoming, independent of previously formed theoretical views on these relations. The fundamental characteristics of the financial legal relationship, formulated in the 60s of the last century, are noted. The identifying features of the financial legal relationship recognized in science after the adoption of the Constitution of 1993 are indicated. The same signs somewhat changed after 2008, when the solution of public tasks began to be transferred to the level of non-state monetary funds. In modern conditions, financial legal relations, in connection with a change in the subject of financial law, are dual — i.e., include property and related non-property relations in the field of public finance. Each group of financial legal relations is identified as belonging to such, on the basis of specific features that taken together make up an identification algorithm. The features of the identification of each group of financial legal relations are emphasized. Meanwhile, it is emphasized that non-property public legal relations should not be attributed to financial and legal relations, unless their derivativeness from the property financial legal relationship is proved. Similarly, it is concluded that a property financial relationship cannot be identified as such simply because it mediates finances. A systematic analysis of this legal relationship for the presence of all identifying features taken together is important.
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##article.viewOnOriginalSite##About the authors
Marina V. Karaseva
Voronezh State University
Author for correspondence.
Email: mvsentsova@gmail.com
ORCID iD: 0000-0002-0657-3411
SPIN-code: 9679-4429
ResearcherId: AAH-7006-2019
Doctor of Law, Professor, Honored Worker of the Higher School of the Russian Federation
Russian Federation, VoronezhReferences
- Ponamorenko VE. The subject and system of financial law in the conditions of the world financial crisis. Harmonization of the Russian legal system in the conditions of international integration. VI International Scientific and Practical Conference "Kutafa Readings". Section "Financial Law". Moscow, 2014. P. 77–81. (In Russ.).
- Karaseva MV. Financial law of Russia in the XXI century: other accents. Pravovedenie. 2002;(5):15. (In Russ.).
- Nechai AA. Decentralization of Public Finance: Criteria and Consequences of Implementation. State Corporations and Decentralized Public Finance. Yearbook 2008. Moscow, 2009. P. 5–18. (In Russ.).
- Karaseva MV. State Corporations and Other Forms of Financial Activity of the State. State Corporations and Decentralized Public Finance. Yearbook 2008. Moscow, 2009. P. 19–28. (In Russ.).
- Zaripov V, Popov P, Romashchenko L. The problem of improving the legal regulation of uncodified taxes and fees. Public Finance and Tax Law. Vol. 5. Public trust funds and non-tax payments in the countries of Central and Eastern Europe. Ed. MV Karaseva. Voronezh, 2015. P. 82–89. (In Russ.).
- Dolgova AY. Parafiscal fees in Russia. Ed. by MV Karaseva (Sentsova). Voronezh, 2012. 145 p. (In Russ.).
- Borisenko EA. Financial reliability of credit organizations: legal mechanism to ensure: avtoref. dis. … kand. yurid. nauk. Moscow, 2022. 23 p. (In Russ.).
- Chistyukhin VV. Legal regulation of financial control over the activities of non-critical financial organizations in the Russian Federation: avtoref. dis. … kand. yurid. nauk. Moscow, 2022. 23 p. (In Russ.).
- Andrianova NG. Deoffshorization as an institution of financial law: the main trends in the formation and development: avtoref. dis. … kand. yurid. nauk. Moscow, 2022. 23 p. (In Russ.).