Financial sanction as a generic and specific construction

The relevance of the research topic is determined by the analysis of the problems of responsibility for the consequences of the circulation of public funds and the grounds for the application of fines. If the trend of using these means in civil-law regulation is absolutely clear and stable, then certain contradictions are connected with the application of fines in the regime of economic-law regulation. The purpose of the article is to evaluate tax control measures that reflect the specifics of the application of financial sanctions depending on the specifics of industry regulation. Achieving the set goal is based on identifying the basic principles of clarifying the legal nature of the financial sanction and detailing the specifics of its application depending on the subject area of ​​individual industries. Elucidation of the nature of a certain complex structure - "administrative-economic fine" - is of particular importance. The latter has become very widely used in the regulation of relations in the sphere of circulation of financial resources. The research uses a broad approach to the analysis of methods of scientific knowledge. The system method is implemented in the assessment of the grounds for the existence of a single system of financial sanctions regardless of the specifics of a separate industry. A similar system consists of variants of fines that are applied in criminal, administrative, financial, civil, economic law. A corresponding continuation of the system method is the method of comparative analysis. Applying it in the work, attention is focused on common features that express the nature of the fine and the specifics of its application depending on the specifics of the subject regulation of each industry. The reconciliation of the grounds for calculation and the nature of fines depending on the industry regulation is studied. Variants of harmonizing the legislation regulating the occurrence of adverse consequences in the form of the application of a fine during the consideration of disputes with the participation of a subject of authority are considered. It is emphasized that there are no grounds for determining adverse consequences for the payer based on the complex design of inter-branch regulation, namely the application of the design of "administrative-economic fine". The level and availability of scientific studies related to the generalization of the procedure for calculating fines in the regime of private and public regulation, as well as the state of judicial practice in resolving similar disputes, were analyzed. On the basis of the conducted research, conclusions were drawn and recommendations were made regarding the application of financial sanctions both within certain industries and at the border of public and private regulation.

Authors

Publication Details

Journal
Problems of Legality
Published
2024-11-04
DOI
https://doi.org/10.21564/2414-990x.166.308102
Primary Topic
Insurance and Financial Risk Management
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Financial sanction as a generic and specific construction

Oleg Bibyk
Problems of Legality
Insurance and Financial Risk Management
article

Financial sanction as a generic and specific construction

Oleg Bibyk
article en

Abstract

The relevance of the research topic is determined by the analysis of the problems of responsibility for the consequences of the circulation of public funds and the grounds for the application of fines. If the trend of using these means in civil-law regulation is absolutely clear and stable, then certain contradictions are connected with the application of fines in the regime of economic-law regulation. The purpose of the article is to evaluate tax control measures that reflect the specifics of the application of financial sanctions depending on the specifics of industry regulation. Achieving the set goal is based on identifying the basic principles of clarifying the legal nature of the financial sanction and detailing the specifics of its application depending on the subject area of ​​individual industries. Elucidation of the nature of a certain complex structure - "administrative-economic fine" - is of particular importance. The latter has become very widely used in the regulation of relations in the sphere of circulation of financial resources. The research uses a broad approach to the analysis of methods of scientific knowledge. The system method is implemented in the assessment of the grounds for the existence of a single system of financial sanctions regardless of the specifics of a separate industry. A similar system consists of variants of fines that are applied in criminal, administrative, financial, civil, economic law. A corresponding continuation of the system method is the method of comparative analysis. Applying it in the work, attention is focused on common features that express the nature of the fine and the specifics of its application depending on the specifics of the subject regulation of each industry. The reconciliation of the grounds for calculation and the nature of fines depending on the industry regulation is studied. Variants of harmonizing the legislation regulating the occurrence of adverse consequences in the form of the application of a fine during the consideration of disputes with the participation of a subject of authority are considered. It is emphasized that there are no grounds for determining adverse consequences for the payer based on the complex design of inter-branch regulation, namely the application of the design of "administrative-economic fine". The level and availability of scientific studies related to the generalization of the procedure for calculating fines in the regime of private and public regulation, as well as the state of judicial practice in resolving similar disputes, were analyzed. On the basis of the conducted research, conclusions were drawn and recommendations were made regarding the application of financial sanctions both within certain industries and at the border of public and private regulation.

Problems of Legality(166)
Peace, Justice and strong institutions
Openalex Percentile: Top 70%
Insurance and Financial Risk Management
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.