О межотраслевых связях финансового права с учетом практики Конституционного Суда Российской Федерации

Право и экономика. 2020. № 1(383). С. 68–79.

Кажлаев С. А.

The article is devoted to the relations of financial law with other branches of law. The work has a complex inter-branch nature and is written on the fringe of classical subjects, where elements of private and public law are intertwined. According to the author, theoretical understanding of new approaches to the main provisions of financial law in a combination of the privatelaw and public-law nature of relations in implementation of the financial and legal institution and inter-branch relations is one of the main tasks of developing the domestic law. Such improvement in the interbranch interaction of financial law is necessary in the economic sphere, where this interaction is the most difficult. Having analysed the decisions of the Constitutional Court of the Russian Federation, the author substantiates the conclusion that judicial acts of the Constitutional Court of the Russian Federation can formulate a general methodological approach to the inter-branch application of rules of various branches of law with performing the function of the main mechanism of interbranch adaptation of rules of various branches of law within the framework of one subject matter of the case in order to protect participants of the civil circulation in the economic sphere.

Keywords: финансовое право, Конституционный Суд РФ, частное право, публичное право, система права