FINANCIAL LAW THROUGH THE PRISM OF PUBLIC FINANCIAL POLICY   

УДК 347.73

ORCID: 0000-0001-7986-7149

DOI 10.37566/2707-6849-2023-3(44)-8

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Oksana MUZYKA-STEFANCHUK, 

Doctor of Law, Professor head of the Financial Law Department, Educational and Scientific Institute of Law,  Taras Shevchenko National University of Kyiv, leading Researcher, Scientific-Research Institute of Intellectual Property of the National Academy of Legal Sciences of Ukraine

FINANCIAL LAW THROUGH THE PRISM OF PUBLIC FINANCIAL POLICY

         The article is devoted to the definition of financial law. Special attention is paid to justifying the expediency of using the relatively new category «public financial policy» in financial law.

The relationship between the concept of «public financial policy» and such related concepts as «financial policy», «economic policy», «state policy of economic development», etc. is considered. Particular attention is paid to the allocation of budgetary and tax policies.

Taking into account various characteristic features of relations belonging to financial and legal ones, financial law is proposed to be defined as a set of legal norms regulating social relations that arise in the process of public financial policy, public financial activity, as well as financial activity of other subjects on which the state has assigned tasks to ensure public financial interests and general societal needs, financial security, other relations in the field of public finances. Determining the subject of financial law through public finance and public financial policy makes it possible to fully cover modern financial relations.

The incorrect understanding of the subject of financial law as social relations in the sphere of public financial activity and as relations mediating the movement of public funds is emphasized. Such interpretation of financial law is truncated and somewhat archaic.

Today, the issue of economic policy, state policy of economic development, and financial policy at the legislative level is not clearly defined, there are certain disagreements. This allows us to propose another, clearer category for use, namely public financial policy.

It is emphasized that the most optimal solution to the issues raised in the article was proposed by the Supreme Court. So far, the term «public financial policy» is used by the Supreme Court itself, its employees, and judges. It is obvious that for judicial practice this term is the most acceptable in the context of tax and customs disputes, ensuring the fulfillment of tax obligations. At the same time, for the field of financial law, this category is currently system-forming, covering various areas of law-making and law enforcement.

Key words: public finance, financial law, budget, tax, budgetary and tax legal relations, public financial policy, budget policy, tax policy, customs policy, currency policy, monetary policy.

References

Musyka-Stefanchuk O. A. From financial law to legal regulation of public finances (national, foreign and international aspects) // Legal scientific electronic journal. 2022. No. 6. P. 261–265 [ukr.].

Materials from the official website of the Ministry of Finance of Ukraine. URL: https:// mof.gov.ua/uk/finansova-politika [ukr.]

Lviv City Council. URL: https://city-adm.lviv.ua/lmr/departments/departament-finansovoi-polityky [ukr.]

 Provisions on the Department of Financial and Budgetary Policy of the Zaporizhia City Council, approved by the decision of the Zaporizhia City Council, September 21, 2021 No. 37. URL: https://zp.gov.ua/upload/editor/departament_finansovoi_ta_byudzhetnoi_ politiki.pdf [ukr.]