About alternative legal constructions of regulation of financial relations

Abstract

The article examines alternative legal institutions for the regulation of financial relations, the causes of which are, on the one hand, a change in the principles of the international financial system and the need to counter geopolitical risks, and on the other hand, the imperfection of the mechanism of financial and legal regulation, including the inconsistency of financial and legal norms, as well as the firm opinion that the Financial Law does not have its own legal instruments, etc. By alternative legal constructions, the authors of the article understand the action of legal instrument, the use of which is dictated by non-standard or not foreseen situations in the course of legal regulation of financial relations. Without excluding the possibility of using alternative legal regulation in some situations, the authors formulate a conclusion that the application of this approach should not cause the invariance of the actions of the law enforcer: the choice between legal and semi-legal regulation of financial relations. The alternative approach should be seen as restorative and subsidiary to the mainstream legal regime