Attributes and Functions of Financial and Legal Liability Cover Image

Ознаки та функції фінансово-правової відповідальності
Attributes and Functions of Financial and Legal Liability

Author(s): Maksym Pliekhov
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Fiscal Politics / Budgeting, Sociology of Law
Published by: Altezoro, s. r. o. & Dialog
Keywords: financial law; legal liability; financial and legal liability; financial offences; legislation of Ukraine;

Summary/Abstract: The article reveals the features and functions of financial and legal liability. It is noted that changes in Ukraine's financial and legal regulatory system and the intensive development of financial law have contributed to forming an essential set of grounds for liability sanctions for violating financial and legal norms and procedures for their application. The author establishes that the mechanisms of financial and legal liability can contribute to ensuring financial security by protecting financial relations, regulating compliance with legal norms in the field of financial activities by participants and punishing those who violate them. It is found that the functions of financial and legal liability are the central area of legal influence on financial and legal relations, with the help of which social goals are revealed, and the objectives of financial and legal liability are achieved. It is found that the features of economic and legal liability, which are established depending on the specifics of the subject of financial regulation, include the nature of the public property, focus on the protection of financial, and legal relations, as well as the features of regulatory, factual and procedural grounds for their application, the severity of damage for violations, the nature of assets, the totality of sanctions, the combination of own sectoral sanctions with sanctions from other branches of law, etc. It is determined that Ukraine's current legislation regulates the issues of financial and legal liability in a fragmented manner, which is explained by the differentiation of financial law and the absence of a single codified law in this area. The author establishes that the functions of financial and legal liability for violation of legislation in the field of budget execution by revenues can be divided into two groups: the first group includes general functions, in particular, penalty, remedial, preventive and educational functions, and the second group includes specific functions, in particular, signalling, regulatory and control functions. The author highlights the signs of financial and legal liability for violating tax, budget, monetary and customs legislation. The author suggests that it is advisable to consider the specific features of penalties for financial and legal offences in the future.

  • Issue Year: 9/2023
  • Issue No: 12
  • Page Range: 6001-6009
  • Page Count: 9
  • Language: Ukrainian
Toggle Accessibility Mode