To the Question of the Elements of the Financial Law System

Abstract

The article is devoted to the current problems in the financial law system formation that are of major importance not only for the theory of the science, but also for their practical implementation. The paper provides a detailed analysis of the research of the general theory of law and financial and legal papers, which results in identification of elements of a system of financial law. In the paper a law institute is defined as a primary legal unity. The author considers the features that distinguish law institute from other unities of financial law regulatory rules. The article highlights that legal institutes can include sub-institutes. As a structural element of the system of law the author also examines a sub-sector that is different from other legal unities because it has a common institute or an association of general rules in its structure. The article draws attention to the allocation of other unities of legal norms, namely - parts and sections - by representatives of the financial law science. On the basis of the analysis carried out in the paper the author concludes that in the theory of law when describing a legislative system such elements as a part and a section are applied to describe an element of the structure of a law or a legal act. The author provides the definition of financial law. He criticizes a flexible approach to the definition of financial law that denies the need to clearly denote the elements of the system of law.