Open AccessFinancial Law in the Interdisciplinary Institution of Personal Dignity
Author(s) -
Н. В. Омелёхина
Publication year - 2020
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2020.120.11.060-075
Subject(s) - dignity , private law , law and economics , consolidation (business) , law , legal profession , legal research , redistribution (election) , political science , business , public law , economics , finance , politics
By referring the dignity of the individual to meta-legal categories, considering it as a principle of law that forms an integrated inter-sectoral institution aimed at ensuring the implementation and protection of human rights, the author analyzes the role and place of financial law in the personal dignity concept. Taking into account the peculiarity of the subject matter and methodological basis of the financial and legal industry, the author concludes that the studied branch of law should be considered as a securing legal instrument of generating and implementing personal dignity, its dynamic essence through a unique legal mechanism of redistribution of material resources in the state. Acknowledging the positive binding as the basic legal means of such an instrument, the author analyzes the subjective rights of the individual in financial relations, in particular their property component, in two aspects of financial activity of the state and public legal entities: in the formation and distribution and use of public funds. In order to ensure the realization of the individual-centered spirit of financial law, the author concludes that it is necessary to carry out the doctrinal analysis and legal consolidation of the financial and legal status of the individual, to develop a system of so-called monetary rights of the individual in the process of formation, distribution and use of funds of the state and municipal entities.