THE METHODS OF APPLICATION OF THE PROVISIONS OF CIVIL LEGISLATION FOR THE REGULATION OF FINANCIAL RELATIONS

The article investigates the ways of applying the provisions of civil legislation to financial relations. It is pointed out that the main ways of applying civil legislation to financial relations are subsidiary application of civil legislation, including the use of civil law concepts and constructions in financial legislation, as well as the application of civil law provisions as a result of direct requirements formulated in blanket norms of financial law. It is also possible to apply civil legislation to financial relations by legal analogy. Subsidiary application of civil legislation differs from the legal analogy in the absence of gaps in the legislation, and from blanket norms of law, – in the absence of a direct reference to the application of the relevant provisions of civil law. The main condition for the correct application of civil law to financial relations is a clear distinction between civil and financial legal relations. Therefore, the author sees the prospects for further research on the problem of applying civil legislation to financial relations in the field of research of a wide range issues related to the differentiation of civil and financial law