Social Focus of Public Financial Activity as a Principle of Financial Law

The paper is devoted to the consideration of the principle of social orientation of financial activity of the state and municipal entities. Under Part 1 of Article 7 of the Constitution of the Russian Federation, the Russian Federation is recognized as a social state with the state policy aimed at creating conditions that ensure a decent life and free human development. Proceeding from this, the social orientation of financial and legal regulation is regarded as one of the principles of the legal field under consideration.
The social orientation of financial activity finds its external expression in many forms. In particular, it manifests itself in the tasks of financial activity, which, among other things, are associated with the formation of centralized state extra-budgetary funds as the basis of social insurance, accumulation of funds in the budgets of public entities in order to solve social problems, development of the main directions of state financial policy in the social sphere, as well as a number of other tasks. In addition, it is concluded that each principle of the sate financial activity is in one way or another connected with the social sphere. The author traces the manifestation of the principle of social orientation within the framework of other principles of financial activity — planning, legality, publicity, federalism, unity of purpose, etc. The author also comes to the conclusion that today all sub-branches of financial law (budget law, tax law, legal regulation of the financial market and the law of monetary circulation) in one way or another are connected with the social sphere — providing a direct or indirect regulatory influence on it or being subjected to the influence of social factors. The conclusion is made about the fairness of attributing the social orientation of the financial activity of the state to the fundamental principles of financial law, as well as that financial law is a socially oriented branch of Russian law.

1. Kuznetsova YuA. Teoreticheskie aspekty issledovaniya povedencheskogo nadzora na finansovom rynke [Theoretical aspects of the study of behavioral supervision in the financial market]. Financial Markets and Banks. 2021;2:68-73. (In Russ.).

2. Lauts EB. Povedencheskiy nadzor i sistema bankovskogo regulirovaniya i nadzora [Behavioral supervision and the system of banking regulation and supervision]. Laws of Russia: Experience, Analysis, Practice. 2021;4:66- 72. (In Russ.).

3. Mikheeva IV, Dolkova EA. Povedencheskiy nadzor banka Rossii v sfere zashchity prav potrebiteley finansovykh uslug [Behavioural supervision of the bank of russia in protection of financial services consumers’ rights]. RUDN Journal of Law. 2020;24(2):314-334. (In Russ.).

4. Sokolova ED. Pravovoe regulirovanie finansovoy deyatelnosti gosudarstva i munitsipalnykh obrazovaniy [Legal regulation of financial activities of the state and municipalities]. Moscow: Jurisprudentsiya Publ.; 2009. (In Russ.).

5. Khimicheva NI (ed.). Finansovoe pravo [Financial law]. 4th ed. Moscow: Norma; 2009. (In Russ.).

6. Chistyukhin VV. Pravovoe regulirovanie finansovogo kontrolya za deyatelnostyu nekreditnykh finansovykh organizatsiy v Rossiyskoy Federatsii: dis. … kand. yurid. nauk [Legal regulation of financial control over the activities of non-credit financial organizations in the Russian Federation: Doctoral Dissertation]. Moscow; 2022. (In Russ.).