Modification of the Method of Financial Law in Relation to the Modification of Its System Under Modern Conditions: Is It Possible?

This work aims to review the main trends in the modification of the system of financial law under modern conditions and, consequently, the method of financial-legal regulation. Historical and modern approaches to the structuring of financial law are taken into account, which influence the specifics of the method of financial law. The author emphasizes the impact of digitalization on the modification of the subject matter, system, and method of financial law. The author comes to the conclusion that it is not necessary to artificially increase the legal arrays of norms to branches of law, sub-sectors (in relation to this work – financial law) due only to the excess volume of legal regulation in a specific area (in the field of finance). However, financial law must respond in a timely manner to the processes taking place in society by expanding the subject of regulation, as well as the limits of financial management, which means deepening the imperative method of regulation. It is the imperative method in modern crisis conditions that will ensure legality and law and order in the field of finance, and not dispositivity in the implementation of financial relations. Nevertheless, the imperative method of regulating financial law must be economically justified, which has implications for the construction of the system of modern financial law. Thus, while the system of financial law evolves under the influence of external conditions, it does not lead to fundamental changes in the method of financial-legal regulation.

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Publication Details

Journal
Общество политика экономика право
Published
2024-12-18
DOI
https://doi.org/10.24158/pep.2024.12.19
Primary Topic
Security, Politics, and Digital Transformation
Type
article
Field-Weighted Citation Impact
0.00
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article

Modification of the Method of Financial Law in Relation to the Modification of Its System Under Modern Conditions: Is It Possible?

Christina Peshkova
Общество политика экономика право
Security, Politics, and Digital Transformation
article

Modification of the Method of Financial Law in Relation to the Modification of Its System Under Modern Conditions: Is It Possible?

Christina Peshkova
article en

Abstract

This work aims to review the main trends in the modification of the system of financial law under modern conditions and, consequently, the method of financial-legal regulation. Historical and modern approaches to the structuring of financial law are taken into account, which influence the specifics of the method of financial law. The author emphasizes the impact of digitalization on the modification of the subject matter, system, and method of financial law. The author comes to the conclusion that it is not necessary to artificially increase the legal arrays of norms to branches of law, sub-sectors (in relation to this work – financial law) due only to the excess volume of legal regulation in a specific area (in the field of finance). However, financial law must respond in a timely manner to the processes taking place in society by expanding the subject of regulation, as well as the limits of financial management, which means deepening the imperative method of regulation. It is the imperative method in modern crisis conditions that will ensure legality and law and order in the field of finance, and not dispositivity in the implementation of financial relations. Nevertheless, the imperative method of regulating financial law must be economically justified, which has implications for the construction of the system of modern financial law. Thus, while the system of financial law evolves under the influence of external conditions, it does not lead to fundamental changes in the method of financial-legal regulation.

Общество политика экономика право(12)
Peace, Justice and strong institutions
Openalex Percentile: Top 62%
Security, Politics, and Digital Transformation
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