interdisciplinary research in the field of a constitutional law: use of achievements of branch jurisprudence

Above we had been considered potential of interdisciplinary research territorially-political system the states by a combination of achievements legal and other humanities. At the same time at mezhdistsiplinarnosti there is also other measurement - interbranch research within the limits of the jurisprudence, allowing to combine achievements of various branch disciplines.

For consideration of a question on the territorial organisation of the public power research on a joint of the constitutional and financial right, in particular the budgetary right as podotrasli the last, in our opinion, is represented to the fullest. Thus German authors even suggest «to recognise the constitutional financial right as independent sphere in a constitutional law» [77]. It is fair in this respect and thought of domestic researcher J.A.Krohinoj: « By means of development of the constitutional bases of budgetary activity in the course of federal, regional and municipal pravotvorchestva perfection of the mechanism of budgetary-legal regulation is carried out, legal bases of federalism in the budgetary right »[78] are realised.

As a whole, modern constitutions gradually start to fix separate complexes of norms (and sometimes and heads), devoted financial (including and budgetary) to state activity, and also legal regulation of questions of differentiation of the competence in the field of the finance. As a matter of fact, the given moment can be considered as one of tendencies of the constitutional development of the modern states, connected with subject expansion konstitutsionno - legal regulation [79]. First of all in a considered context the Organic law of Germany 1949 [80] in which the separate chapter devoted to the finance [81] contains is worthy. Positions about a financial system meet and in other operating constitutions - Constitutions of Portugal 1976 (section IV - «the Financial system and fiscal system») [82], Constitutions of Spain 1978 (Section VII - «Economy and the finance») [83], etc.

The concept of the budgetary device, i.e. the organisation of budgetary system and principles of its construction, as is known, is one of measurements of the territorial organisation of the public power in the state. The Russian researchers specify, that «depending on a country state system there are following schemes of the organisation of budgetary system: in the unitary states the budgetary system consists of two links (central and local budgets), in federal - from three (the federal budget, budgets of subjects of Federation and local budgets)» [84].

The choice of two specified branch jurisprudence is not casual, especially if it is a question of federative states or the states which have become on a way of wide decentralisation of the political power. Quoted above N.M.Dobrynin marks: « For true understanding of the nature of region - the subject of federation is necessary for understanding, that the region has dual essence. As an element of system of federal relations it represents mainly politiko-legal phenomenon, but at the same time actually the region is first of all social and economic system. We are convinced, that, not being effective social and economic system, region not in a condition to solve problems in system of federal relations... Out of realisation of an economic component of the subject of federation the original and effective federalism is impossible.

For maintenance of regional economic efficiency the question on distribution of tax and budgetary relations and powers between the federal budget and regions is key. The real federalism should be based upon a strong skeleton of federalism budgetary, in conditions of the course taken on redistribution of means from regions in the centre, it is necessary to forget about effective real federalism »[85].

Though the Russian authors (J.V.Kim, V.A.Tcherepanov [86]) also criticise so broad treatment of interrelation between federalism as a phenomenon of a constitutional law and financial (budgetary) federalism, in it rather important idea in which force one federative states manage to realise a federalism principle consists, and another - is not present. It is a question that differentiation of subjects of conducting at level of the legal constitution can become an element of the real constitution only in the event that at territorial redistribution of the public power to territorial unit are transferred not only conducting subjects, but also powers on their financial maintenance. Otherwise the probability of occurrence of "sleeping federations» is great (the term belongs mentioned above A.A. Zaharovu [87]), when, despite the constitutional fastening of the federal device, a federalism principle it can not be realised (or is insufficiently realised) owing to lacks of budgetary in state budgetary and tax system. As a whole, as P.I.Yeliseyev fairly marks, «for any federative state most difficultly the question on vertical differentiation of the competence in financial, namely in budgetary sphere as the basic contradictions and conflicts between subjects of federation and the federal centre concerning an order of differentiation of account powers here concentrate, fastenings of profitable sources to levels of budgetary system, definition of volumes of the financial help to budgets, etc.» [88] is resolved

Well-known, that «a basis budgetary-legal status the state and its territorial divisions - the right to the independent budget from what the wide range of budgetary powers through which use this right» [89] is carried out follows. Most accurately considered right to the independent budget fixes item 109 of the Organic law of Germany 1949: «Federation and the earths have a budgetary economy independent and independent from each other». Thus quoted article «has for an object to ascertain, that federation and the earths only in legal aspect are independent from each other. Economically it is absolutely impossible, that in uniform economic and a financial system separate budgetary units remained outside of influence of federation or larger earths» [90].

However the principle of a budgetary autonomy of territorial unit of the difficult state at level of the konstitutsionno-rule of law has great value as in it the guarantee of is expressed that the subjects of conducting fixed to it will be provided due to powers in budgetary and tax spheres. We will result a little doktrinalnyh judgements, actual in a context of the present research. The quoted J.A.Krohina considers «a federalism principle in the budgetary right as the initial beginning of budgetary activity of the state, expressed in a combination of nation-wide financial interests to interests of subjects of the Russian Federation and consisting in distribution of budgetary incomes and expenses, and also in differentiation of the budgetary competence between the Russian Federation and its subjects» [91]. Resulted definition will not lose sense if in it the federalism is replaced by the term a regionalism or decentralisation, after all the term «budgetary (fiscal) federalism», under the fair remark. L.JA. Yakobson, «it is applied concerning the countries which federations are not. The federalism in this case means only presence of the isolated regional links of budgetary system» [92].

Thus, complex research territorially-political system means also the second aspect mezhdistsiplinarnosti within the limits of two branch legal disciplines - a constitutional law and the financial right. Otherwise research has a little limited character as in it problems of a parity of the legal and actual territorial constitution of the state will not be considered, the interrelation meanwhile, why in the various countries identical constitutional positions is ignored (especially the norms borrowed from the Organic law of Germany 1949) do not provide realisation of a principle of federalism at the constitutional fastening of federal statehood. The given thesis is actual and at the analysis of the states in which territorial device the federalism principle is traced, i.e. decentralised unitary states and regionalistskih the states.

Within the limits of the present work of the second of the offered aspects mezhditsiplinarnosti will allow to carry out, on the one hand, thorough studying of a phenomenon of asymmetry as sign of the territorial organisation of the public power, peculiar slozhnosostavnym to the states (in particular regionalistskim to the states about what it will be told more low), and with another - to analyse differences devoljutsionnyh models, konstitutsionno issued concerning components of the United Kingdom of the Great Britain and Northern Ireland, from the point of view of security of the subjects of conducting fixed to them powers necessary for their realisation in financial sphere in more details.


Yakobson L.A.public sector of economy: the economic theory and a policy. - M, 2000. - With. 328.

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A source: Molchakov Nikita Jurevich. THE CONCEPT OF THE REGIONALISTSKY STATE AND ITS REALIZATION IN THE UNITED KINGDOM THE GREAT BRITAIN And NORTHERN Ireland. The dissertation on competition of a scientific degree of the candidate of jurisprudence. Moscow - 2018. 2018

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