Theoretical aspects of determining the place of financial law in the system of law
Purpose. The article is focused on the substantiation of the place of financial law in the system of Ukrainian law.
Methods. Achievement of the stated objective is carried out by means of comprehensive and consistent application of the corresponding scientific instrument presented by such methods of scientific analysis as: dialectical, system and structural, formal and logical, historical, comparative and legal, method of analysis and synthesis, etc.
The author of the article provides results of the research of the problems concerning the place of financial law in the system of Ukrainian law and the inter-branch relations of financial law and other branches of law.
The author has defined the criteria for the allocation of financial law in the system of Ukrainian law and the sphere of relations regulated by the financial law of Ukraine. The author has substantiated the preservation of the subject matter and the method of legal regulation as the main criteria for construction the system of law, defining the scope of regulation and the internal structure of the financial law branch. The problems of correlation of financial law and legislation have been studied. The possibility of applying additional criteria for structuring the system of law and the delineation of financial relations and relations regulated by other branches of law has been substantiated.
It has been stated that the development of the system of law, the allocation of branches of law, adjustment of the subject matter of each branch of law are carried out in accordance with the objectives and tasks of the branches of law, which are distinguished by legal science and social practice, taking into account the dynamics of social relations and the needs for their further development.
After Ukraine gained independence there were fundamental changes in the system of social relations. Financial law in the new environment continues to have the aim to ensure the funding of public spendings. But this aim is now subordinated to more distant objectives – to ensure the stability of the monetary item, price and financial stability, achievement of stable rates of economic growth and macroeconomic stability. Relationship of financial law with other branches of law are manifested in the impact of financial law on other branches of law and the scope of their action, as well as the reverse impact of other branches of law on financial law and financial relations.
Conclusions. Taking into account the above objectives, inter-branch relations, social role of financial law, homogeneity of the subject matter of financial law and unity of the legal regulation method, it should be recognized as one of the fundamental (core) branches in the system of Ukrainian law.
Aleksandrov, N.G. (1958). O meste trudovogo i kolhoznogo prava v sisteme sovetskogo socialisticheskogo prava [On the place of labor and collective farm law in the system of Soviet socialist law]. Sovetskoe gosudarstvo i pravo, no 5, pp. 116–123.
Melnyk, R.S. (2018). Predmet administratyvnoho prava [The subject of administrative law]. Pravo Ukrainy, no 3, pp. 159–182.
Lenin, V.I. (1970). Polnoe sobranie sochinenij: v 55 t. [Full composition of writings: in 55 vol.]. 5th ed. Moscow: Izd-vo politicheskoj literatury, vol. 44. [in Russian].
Tolstoj, G.K. (1970). Kodifikaciya grazhdanskogo zakonodatel’stva v SSSR (1961–1965 gg.) [Codification of civil legislation in the USSR (1961–1965)] (PhD Thesis). Leningrad: Leningradskij gosudarstvennyj universitet im. A.A. Zhdanova.
Melnyk, R.S., Bevzenko, V.M. (2014). Zahalne administratyvne pravo: navchalnyi posibnyk [General administrative law: tutorial]. Kyiv: Vaite. [in Ukrainian].
Razuvaev, N.V. (2002). Pravovaya sistema i kriterii otraslevoj differenciacii prava [Legal system and criteria of branch differentiation of the Law]. Pravovedenie, no 3(242), pp. 31–55.
Iering, R. (2006). Cel’ v prave [The purpose of the law]. Iering R. Izbrannye trudy: v 2 t. [Selected works: in 2 vol.]. Sankt-Peterburg: Yuridicheskij centr Press, vol. 1, pp. 573–593.