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Financial law as a branch of law
• Financial law - a set of legal rules governing social relations that arise in
the process of formation, distribution and use of funds ( financial
resources ) of the State and local authorities needed to carry out their
• Thus , the subject of financial law - this is the social relations arising
in the normal course of business of the state on the planned
formation , distribution and use of centralized and decentralized
monetary funds in order to realize its objectives.
• The main method of financial and legal regulation - the stateparticipants of the power requirements of a financial relationship on
the part of others, acting on behalf of the state and with adequate
powers . The contents of these provisions apply to the order and the
amount of payments to the state budget or off-budget funds.
• Financial Law covers its exposure to a specific , unique set of social
relations. These relationships are due to the state to carry out its
tasks, uses an economic lever as finance and implement in
connection with this financing activities .
• The system of financial law includes budgetary and tax law.
• Finance inherently represents one of the economic categories used in
modern states with different social and political systems. These
categories are also - money, profit, cost .
• The existence of finance due to the commodity- money relations .
• Finance of Tajikistan - is the economic relations for the creation,
distribution and use of funds of the state, its territorial units, as well as
businesses and organizations needed to ensure expanded reproduction
and social needs , which is in the process of distribution and
redistribution of the gross national product and control satisfaction of
social needs.
• According to its material content finances represent cash funds, and
their set - the financial resources of the country , which is reflected in
the free financial balance in the territory of Tajikistan
• However, the essence of Finance revealed through the contents of the
social relations that arise in connection with their operation .
• Finance peculiar - Regulatory and control functions.
• Management function is designed to promote a balanced and effective
organization of social reproduction , development according to the
needs of all sectors of society in order to best meet the needs of the
people .
• However, the effective implementation of functions and the regulatory
role of finance prevent the crisis in the country's economy.
• They are expressed in the budget deficit , falling purchasing power ,
the threat of hyperinflation , an unjustified increase in the money
supply, a low level of investments in the development of production ,
science, and social services, and the ineffectiveness of the tax credit
mechanism as a stimulant production activities , etc.
• The financial system - a set of members of the Finance units (
institutes) in their relationship .
• This system consists of:
• • Fiscal System with its member state (republican , territorial , regional )
and local budgets ;
• • off-budget trust funds ;
• • Finance companies , associations, organizations , institutions , sectors
of the economy;
• • property and personal insurance ;
• • credit (government and bank ) .
• Functioning of the financial system is provided by the movement of
cash and signs in most of the non-cash - payments and settlements .
• Created a variety of extra-budgetary trust funds such as those that
are prevalent in other countries. Already there is a state monopoly
on property and personal insurance , bank loan.
• These centers can be centralized and decentralized .
• Centralized monetary funds in certain territorial limits (republican,
regional) - are used to meet the general needs of the territory.
• Decentralized - the funds of enterprises and organizations , are used for
production and social needs across the enterprise (organization ,
• Extra-budgetary trust funds - pension , employment fund , medical , etc.
These funds from compulsory payments and contributions of businesses
and individuals .
• Corporate finance - the original link , the foundation of the entire
financial system. Associated with all stages of production and sale of
products, the creation of national income and its distribution by means
of the financial system.
• Credit is expressed in the recruitment and accumulation in the credit
resources available funds of the state , businesses and individuals ,
provided the principle of reflexivity .
• State credit - the relationship of temporary use of funds ( legal entities
and individuals ) state, acting in this case as a borrower . The result is a
domestic debt . Borrowing is in the form of state loans received by the
Government of bank loans , etc. The widely used by citizens' deposits in
savings banks as a source of credit.
• Bank loan - the relationship of the education available to banks of funds
( credit ) as a result stored in their accounts temporarily free funds and
the provision of these resources on the basis of retribution and payback
to businesses and individuals in the industrial, social needs.
• The financial activities of the state - is the exercise of the functions on
the planned formation , distribution and use of funds ( financial
resources) to achieve the objectives of socio- economic development,
national defense and security of the country.
• The main purpose of this activity is - creating the conditions for a
dignified human life and free development.
• The content of this activity is reflected in the many and varied functions
in the field of education , distribution and use of public money funds. An
integral part of each of these are functions of control.
• The financial activities of the state acts as an important and necessary
part of the mechanism of social control . This is reflected in the fact that
the accumulated state funds directed to the sectors of the economy ,
social and other fields , with priority funded activities .
• The impact of the state on the socio- economic processes carried out in
the same way - the provision of tax incentives, the use of low interest
rates in credit granting deferrals of tax payments.
• In the allocation of public money are two main methods: funding irrevocable and grant them leave, and lending - the allocation of funds
on the basis of retribution and payback .