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Norms of Soft Law as a New Source of Financial Law of Russia

Author

Listed:
  • Gulnara RUCHKINA

    (Department of Legal Regulation of Economic Activities Financial University under the Government of the Russian Federation Moscow Russian Federation)

  • Sergey EREMIN

    (Department of State and Municipal Management Financial University under the Government of the Russian Federation Moscow Russian Federation)

  • Natalia ZALYUBOVSKAYA

    (Department of Legal Regulation of Economic Activities Financial University under the Government of the Russian Federation Moscow Russian Federation)

  • Irina ROMASHKOVA

    (Department of Legal Regulation of Economic Activities Financial University under the Government of the Russian Federation Moscow Russian Federation)

  • Evgeniy VENGEROVSKIY

    (Department of Legal Regulation of Economic Activities Financial University under the Government of the Russian Federation Moscow Russian Federation)

Abstract

The goal of this study is the analysis of norms of soft law as a new source of financial law in the Russian Federation The methodological basis of the research of the problem involves General scientific dialectic method of scientific knowledge especially legal methods structural functional legal and dogmatic methods legal modeling comparative and historical jurisprudence as well a generic methods analysis and synthesis description observation induction and deduction comparison generalization formal logical and systematic A brief review of research on the topic of soft law a definition of the term soft law Conducted theoretical analysis of the concept of soft law Analyzed the specific use of the norms of soft law as a new source of Finance The examples and identifies advantages of the use of norms of soft law as a new source of Finance In General soft law standards fill in the gaps of legal regulation both in international and national aspect complement legal rules by means of references interpretations or direct reproduction in the official sources of law and in some cases act as a subsidiary regulator of international legal relations The introduction into the fabric of international financial law soft law norms on the one hand will increase the risks contributing to arbitrarily interpret and apply financial rules on the other may cause enough skepticism about the use of norms of soft law as a new source of Finance However there is no doubt that relative certainty is always better than uncertainty Thus norms of soft law as a new source of financial law in Russia should be considered as an effective way to reduce the uncertainty in the financial relations system as a real alternative to soft law norms are not so much rules of law but rather the lack of legal regulation insinuations when the objective need in the settlement

Suggested Citation

  • Gulnara RUCHKINA & Sergey EREMIN & Natalia ZALYUBOVSKAYA & Irina ROMASHKOVA & Evgeniy VENGEROVSKIY, 2018. "Norms of Soft Law as a New Source of Financial Law of Russia," Journal of Advanced Research in Law and Economics, ASERS Publishing, vol. 9(1), pages 278-286.
  • Handle: RePEc:srs:jarle0:v:9:y:2018:i:1:p:278-286
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