Impact of public financial policy on implementing the principle of stability

Abstract

The paper addresses the issues of implementing the principle of stability, when the state, changing the rates of taxes, fees and other mandatory payments, should not only focus on replenishing resources to fulfil its obligations to society, but also stimulate economic activity. Discretion has been researched into regarding the implementation of public financial policy in the context of applying the principle of stability, which could be carried out taking into account the target interpretation of the system of legal regulators, when the law enforcement body chooses the regulator whose application will lead to a more reasonable and fair result. It is about the subsidiary application of independent regulators.
 The author focuses on the fact that from the standpoint of the principle of the rule of law and in view of the formation of supranational law, including financial, consideration of principles and morality is the primary step before applying the provisions of the law. It is not legitimate to form the practice of law enforcement against the fundamental principles of law. The following levels of principles have been defined: 1) supranational; 2) national. Issues have been addressed in the paper that it is strategically correct, if the rule of law does not correspond to the principle, then it is necessary to recognize it as illegal and apply the principles, simultaneously changing the rules of the law. It has been proposed that when adopting legislation on normative acts, it is necessary to shift the hierarchy to the principle from the norm-law. The author focuses on the fact that, in order to achieve national and public interests, the Verkhovna Rada of Ukraine has the right to change the provisions of the law, to adopt new laws that change the legal regulation, contradicting the previous legal norms. Thus, the provisions of previous laws are automatically terminated.
 The procedural discretion has been identified as related to a fairly wide scope of the court’s powers in carrying out procedural activities for the purpose of resolving the pending dispute. Both general principles of law and relevant procedural principles, as well as principles of the specialized field of material law, are taken into account. One of the key issues remains the promotion of trust in public authorities, in particular, on the part of the participants in the judicial process. The limiting factors of discretion have been addressed in the paper as legal regulations and factual circumstances of the case. Establishing the factual circumstances of the case is carried out in combination with the evaluation and interpretation of legal facts or structures, justification of the legal position.