AGREEMENT IN THE FINANCIAL AND LEGAL REGULATION AND ITS IMPACT ON THE DYNAMICS OF FINANCIAL RELATIONS

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AGREEMENT IN THE FINANCIAL AND LEGAL REGULATION AND ITS IMPACT ON THE DYNAMICS OF FINANCIAL RELATIONS

Journal Title: Право та інновації - Year 2016, Vol 4, Issue 16

Abstract

Problem setting. Today on the pages of numerous scientific publications increasingly discussed the issue of characteristics of legal regulation method of financial relations, entering into its essence the discretionary elements and, in particular, features of such legal phenomenon as financial and legal agreement. It is appropriate to make reference to the works of O. O. Dmytryk, A. M. Kotenko, M. P. Kucheryavenko, I. V. Rukavishnikova, A. I. Khudyakov and others. This discussion isn’t accidental; it is conditioned by the existence of the provisions in the current financial legislation that require the concluding of relevant agreements during the implementation of financial relations. Thus, the purpose of the article is characteristic of the agreement in the financial and legal regulation and its impact on the dynamics of financial relationships. Article’s main body. Analysis of the current financial legislation confirms that the agreement for the last ten years is used as a means of financial relations regulating. It’s about the provisions of the Art. 93 of the Budget Code of Ukraine that stated: transfer of funds between local budgets is conducted on the basis of both (a) relevant decisions of local government adopted by each party and (b) the agreement. All agreements on the transfer of funds between local budgets in accordance with the decisions concluded before August 1 of the year preceding the planned year. Articles 17 also provides that a prerequisite for granting state (local) warranty is an agreement between the Ministry of Finance of Ukraine (the relevant local financial body) and the entity on his debt payment to the state for implementation of warranty obligation. In addition, many international treaties containing financial law provisions. In our view, these agreements are the legal fact that determines the dynamics of the financial relationships. The role of legal facts is not only implied by the emergence, change and termination of the relevant relationship. In addition, they act as the direct legal basis of the individuals’ rights in specific relationship, as a kind of legal means to transfer the legal personality to the corresponding subjective right. In addition, they take own place in the legal regulation mechanism because such agreements link the state regulation of public relations with the individual regulations through the subjective rights and corresponding duties. Conclusions. Despite the legal use of contractual structures in the financial and legal regulation, the agreement is quite unusual legal fact. Such regulating method of the relationship between the parties is classless but used for public law fields. It’s conditioned by the feature of the subject and method of legal regulation. Agreements play a significant role ensuring the transition from state regulation to individual relationships in dynamics of financial relations. It happens by fixing in such agreement the subjective rights and corresponding duties of participants of financial relationships.

Authors and Affiliations

O. V. MAKUKH

Keywords

contract; financial and legal contract; the financial relationship.

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EP ID EP458560
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