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Methodology

This study uses a set of methods, the implementation of


which will lead to the achievement of the research
objectives. Namely, the following methods are used:
1. Institutional analysis of the public finances legal
regulation;
2. Synthesis of judicial practice to formulate ideas about
the practical interpretation of financial law;
3. Induction identification of the difference in legal
systems;
4. A deductive method for arguing the public nature of
financial law.
Results
Chapter 1
It is important to analyse rules of consideration of these
principles in the branch regulation: both from the point
of view of their essence, and from the point of view of
their role in regulation of social relations.
Analysing interrelationship of the principles and
provisions of law, the authors come to the conclusion
that principles of law are very different as compared
with the provisions. Principles cannot regulate labour
relations immediately. Such regulation is ensured by the
provision, which is fixed in the legal act or which is
inferable from the principle by deduction (Wiedenbeck,
2010).
However, in this case there is an important stipulation:
the provision of law plays the subordinate role in
respect of the principle of law. In the course of analysis
of the nature of principles of the civil executive law,
researchers usually separate the following essential
features:
1. These principles are the category of the ideological
essence, which has its own prerequisite in the form of
ideas;
2. Fixation of these principles in the provisions of law as
the provisions–principles or as the statements, which
are inferable from the entire contents of legislation;
3. These principles are implemented as the systemically
important component, which plays the role of the
framework of legal regulation of relations.
It is also important to analyse the principles of law in
the sphere of the private-law regulation, as they are
very different as well. Particularly, researchers of
principles of the private law propose not to express the
principles of law as the ideas, which are fixed in the
consciousness of subjects: this conclusion follows from
the properties, which are inherent to the principles -
objectivity, normativity, and universality. The authors
analyse the interrelationship between the civil law
principles and the principles of implementation of rights
and principles of performance of obligations. The
authors determine them as the cornerstone principles,
as the guiding principium’s, which ensure the
comprehensive description of the process of
achievement of the legal goal in the course of
implementation of rights and performance of
obligations and which ensure formation of this process
(Vavilin, 2012). In this case, principles of
implementation of rights and performance of
obligations are determined as the goal-directed
principles and as the principles-methods. The authors
present these principles-methods as the fundamental
principium’s of the civil law. Otherwise its sub branches
and institutes, which determine (on the basis of the
immanent interconnection with its method) the specific
manifestations of the goal-directed principles. The latter
is through formation of methods and techniques of
activity both for participants of the civil circulation, and
for the legal practitioners and lawyers (Volos, 2016).
However, in this case these principles-methods are
determined through the complex of provisions of the
legislation. At the same time, certain scientists have a
very critical attitude to the information on belonging of
principles of the civil law "to ideas", "to the provisions-
principles", "to the principles-provisions" (Yershov,
2010). They consider principles of the civil law as
components of the subsystem of the Russian civil law. It
is important to analyse the approaches to the principles
of law, which are used in the researches of principles of
the public and legal branches of the law. In the course
of analysis of the system of criminal and legal principles,
the authors come to the conclusion that criminal and
legal principles are the sort of the legal phenomena,
which are out of the sphere of the positive law.
Therefore, it is necessary to characterise these
principles within the legal ideology as components of
the legal consciousness (Sabitov, 2012). In the course of
analysis of the problem of interrelationship of the legal
principles and the principles of law, the authors
separate them from each other from the point of view
of the regulatory belonging. Certain researchers state
that there exist not only constitutional principles, but
the constitutional presumption-principles as well, which
(according to their judgements) ensure more specific
description of the constitutional principles and which
are one of the forms of their existence.

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