CIVIL LAW AND CIVIL PROCEDURE

On the issue of the essence and concept of financial services In the civil law of the republic of Tajikistan

Abstract

The article examines the problem of the absence of a legal definition of the concept of “financial service” in the legislation of the Republic of Tajikistan, which creates theoretical and law enforcement difficulties in distinguishing this category from other objects of civil rights. Despite the existence of studies on certain types of financial services (banking, insurance, investment), a comprehensive doctrinal understanding of financial services as an integral legal phenomenon has not yet been undertaken in domestic legal scholarship. The purpose of the study is to analyze approaches to defining financial services in Tajik and foreign legislation, as well as in legal doctrine, and to develop an authorial definition and identify the qualifying features of this category.

Based on the analysis conducted, the author proposes defining financial services as remunerated activities performed by professional financial institutions, aimed at the management of monetary funds and assets, the outcome of which is not a tangible product but a beneficial effect. It is further substantiated that the specificity of financial services, determined by their distinctive subject matter (monetary funds and capital) and their particular субъектный состав (institutional composition of participants), necessitates autonomous legal regulation and the formal legislative consolidation of this definition