Предмет и система эмиссионного права Российской Федерации

Российский юридический журнал. 2024. № 3. С. 153–160.

Изотов Ю. Г.

The article provides a critical analysis of existing opinions regarding the
subject and system of emission law of the Russian Federation. The author notes that,
despite the similarity in the formulation of the subject, its understanding among
researchers is different, which is confirmed by the diversity of opinions regarding the
system of emission law. This difference is caused by different research
methodologies, which often contain errors, for example, mixing economics and law,
defining a system based on similarity rather than the nature of social relations,
replacing a system with a simple set of elements. Instead, the author deduces social
relations based on the nature of the monetary system as an economic phenomenon.
Then the identified relations are distributed according to branches of law
(constitutional, civil, administrative, criminal). The author proposes to include
relations on the management of the monetary system, its protection and ensuring the
monopoly of the Bank of Russia on such management and protection in the subject of
emission law. These relations, which form the corresponding institutions of emission
law, logically follow from each other, and the emission law itself in the presented
formulation meets the principle of unity, which allows us to distinguish the system
from a simple set of elements.

Keywords: деньги, денежная система, money, monetary system, emission law, monetary legal regimes, эмиссионное право, денежные правовые режимы

Publication based on the results of: Ethics and law: correlation and mechanisms of mutual influence (2022)