Rozumienie czasu w prawie finansowym

Abstract

The article presents the importance of time in history of fi nancial law as well as in creation and application of norms of financial law. In the history of public finance theory and financial law time is only a measure of political, social and economic events that affect appearing, modifi cations and disappearing of specific financial institutions. Time is of crucial importance for financial planning. Financial plans are generally included in the annual plans. This results from using the concept of so–called financial year (budgetary year, fiscal year) for drafting, execution and control of execution of the financial plans. However, the modern financial economy requires a longer time horizon (so–called long–term planning), that is already applied by most of developed countries and European Union. There are completely different aspects of time to consider when one discusses issues of generating of public revenues and public expenditures. The assessment of levy liability and of payments of public expenditures has to be determined by time frame. Otherwise, it could be possible neither to determine their extent nor to attribute to them any legal consequences like for example limitation of assessment or enforcement or sanctions (fines, interest for late payment) that are applied in cases of violation of legally binding deadlines. Time also affects factors responsible for the obligation’s existence (for example the obligated or entitled person’s age, period of conducting of economic or professional activities, or period of benefi ting from tax privileges). On the other hand, a variety of time limits apply to fi nancial proceedings. At last, time plays very important role in the determination of various forms of liability under financial law, particularly because of the application of fi nancial sanctions, differentiated based on economic and legal criteria. Therefore, the main conclusion is that time must be determined in financial law precisely, in the manner that leaves no room for any doubt as to whether the norm regulating financial law rights and obligations is binding or not. Therefore, time cannot be presumed.