CONFLICT IN THE SPHERE OF TAX RELATIONS AS A PRECONDITION FOR THE EMERGENCE OF A TAX DISPUTE

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Published: Jan 30, 2022

  Iryna Vasylieva

Abstract

In the article, the author notes that the relations arising between the subjects of public and private law in the process of financial activity of the state, are multidimensional in nature and in their social, political and legal content are conflicting. And these conflicts are caused primarily by contradictions between private and public property interests. Conditioned by the implementation and enforcement of public-law interests, the desire of an authority subject to seize the financial means of a private subject becomes a consequence of the objectively existing contradiction between public and private interests. The taxpayer counteracts his subjective right – the right of ownership, which mediates the realization of his legitimate interest – the interest of owning, using and disposing of his property – to the demands of public authorities. Resolution of such conflict is possible through legalization of financial claims of public authorities on the basis of legislative consolidation of strictly defined conditions, grounds and procedure for the recovery of private funds. The law for objective and subjective reasons is not free from gaps, which the legislator is objectively unable to provide. In addition, the reality is that in the Ukrainian conditions the process of building a tax system is largely haphazard, with the absence of a definite program and direct dependence on the needs of the state budget. Application of tax legislation in practice reveals the presence of contradictions with previously adopted acts of tax legislation. Due to these circumstances, the conflict of interests in the sphere of tax legal relations lays the basis for the transition of a controversy to another stage, characterized by the emergence of different initial positions of the parties in the legal assessment of the essence of disputed tax-legal norms and, accordingly, the scope of their rights and obligations. The occurrence forms the basis for the emergence of a tax dispute, because it requires a solution, the implementation of which is impossible without recourse to the competent authorities of the state. In this regard, before the application of an interested person to a jurisdictional body, it is impossible to talk about the presence of a dispute. A tax dispute is a certain situation in the development of a conflict in the sphere of tax legal relations, or rather one of its stages – a stage aimed at resolving a conflict.

How to Cite

Vasylieva, I. (2022). CONFLICT IN THE SPHERE OF TAX RELATIONS AS A PRECONDITION FOR THE EMERGENCE OF A TAX DISPUTE. Baltic Journal of Economic Studies, 8(1), 28-35. https://doi.org/10.30525/2256-0742/2022-8-1-28-35
Article views: 357 | PDF Downloads: 228

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Keywords

tax dispute, balance of interests, taxpayer, tax authority, tax law, public and private interests, conflict

References

Karasova, M. V. (2003). Financial law of Russia: new problems and new approaches. State and Law, 12, 12–14.

Krokhina, Yu. A. (2003). Legal conflict in the financial sphere: causes, essence and overcoming procedures. Journal of Russian Law, 9, 68–73.

Kudriavtsev, V. N. (1992). Social deformations (causes, mechanisms and ways to overcome them). Moscow, 145 p.

Kurinnyi, A. M., & Myronov, V. I. (1997). Practical commentary on the legislation on labor disputes. Moscow: Case, 156 p.

Order of the State Tax Service of Ukraine "On Approval of Methodological Recommendations on Organizing and Conducting of Counter-Checks by Controlling Authorities, Exchange of Tax Information in the Implementation of Tax Control" of January 29, 2020 № 47. Available at: https://tax.gov.ua/diyalnist-/podatkoviy-audit/nakazi/75346.html.

Tax Code of Ukraine from December 2, 2010 № 2755-VI. Available at: https://zakon.rada.gov.ua/laws/show/2755-17#Text.

The decision of the Constitutional Court of Ukraine of June 5, 2019 № 3-p(I)/2019 on the case on the constitutional complaint of Limited Liability Company "METRO CASH & CARRY" on the compliance with the Constitution of Ukraine (constitutionality) of the provisions of paragraphs twenty-fourth, twenty-p' fifth, twenty-sixth section I of the Law of Ukraine "On Amendments to the Tax Code of Ukraine" to clarify certain provisions and eliminate contradictions arising from the adoption of the Law of Ukraine "On Amendments to the Tax Code of Ukraine on improvement of the investment climate in Ukraine" of March 23, 2017 № 1989-VIII. Available at: https://zakon.rada.gov.ua/laws/show/va03p710-19#Text.

The decision of the Constitutional Court of Ukraine of February 27, 2018 No. 1-p/2018 on the case of constitutional submissions of 48 people's deputies of Ukraine on compliance with the Constitution of Ukraine (constitutionality) of provisions of paragraphs 13, 14 of paragraph 32 of section one of the Law of Ukraine "On Amendments to the Tax Code of Ukraine and Some Legislative Acts of Ukraine on Tax Reform" and the Supreme Court of Ukraine on the compliance with the Constitution of Ukraine (constitutionality) of the first paragraph of subparagraph 164.2.19 paragraph 164.2 article 164 of the Tax Code of Ukraine (the case of taxation of pensions) and monthly maintenance and principles of tax law. Available at: https://zakon.rada.gov.ua/laws/show/v001p710-18#Text.

Tylchyk, V. V. (2010). The concept and essence of tax disputes between state tax authorities and taxpayers. Journal of Kyiv University of Law, 3, 110–114.

Kudriavtsev, V. N. (ed.) (1995). Legal Conflictology. Moscow, 230 p.

Liga Zakon. Available at: https://cutt.ly/YFAg4fw