A concept of legal means and its maintenance in budgetary law
Abstract
The article is dedicated to the groups of legal means: legal establishments; legal activity; subjective phenomena of legal reality or phenomenon of subjective sphere of legal reality, the author proves that legal means of influence on the subjects of relations are the article of financial law, and opens up this influence through legal status of subjects (legal capacity, capability, competence, relation of submission). The author suggested to understand under legal means in a budgetary law the norms of budgetary law, that regulate public relations that arise up between the subjects of budgetary legal relationships in the process of forming of profits and realization of charges state and local budgets, realizations of the state and local borrowing, adjusting of national and local debt, and also relations, that arise up between the subjects of budgetary legal relationships in the process of stowage and consideration of projects of budgets, statement and their implementation, control after their implementation, stowage, consideration and claims of the budgetary accounting, that is contained in the sources of budgetary law. Legal facilities are structured, universal and realized clearly by legal norms pursuant to the judicial order.
Legal facilities of influence on the subjects of relations are the article of financial law, and this influence opens up through legal status of subjects (legal capacity, capability, competence, relation of submission). The subjects in the financial law are unequal. A side that expresses public financial interest is always provided with imperious plenary powers. Legal means of warning of violations of budgetary legislation are normative and uninformative legal acts, what amounts of the phenomena, circumstances, processes sent to the decline and all other categories that are reasons of violations of budgetary legislation and, as a result, reduce the amount of such violations.
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