Zolotareva A.B. —
On Reasonability of Restrictions on Changes in the Composition of the Consolidated Group of Taxpayers
// Taxes and Taxation. – 2016. – ¹ 12.
– P. 972 - 978.
DOI: 10.7256/2454-065X.2016.12.20562
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Abstract: The subject of the research is the conditions of creation and functioning of the consolidated taxpayer groups (CTG) established by Russian legislation. Despite the fact that these terms were initially much stricter than in developed countries, the current political trend does not ease but tighten these conditions. In particular, in 2015 amendments to the Tax Code raised the minimum lifetime of CTGs and imposed restrictions on the frequency of changes in the composition of CTG participants. The research is based on traditional methods of legal science including logical and comparative legal analysis. The author comes to the conclusion that the statutory restrictions on the frequency of changes in the composition of the CTG and on the minimum lifetime of the CTG are very hard in theory but practically are completely ineffective. The author of the article proposes alternative ways to prevent abuses through changes in the composition of the CTGs.
Zolotareva A.B. —
How Russian regions solve the problem of nursing homes waiting lists
// Legal Studies. – 2016. – ¹ 2.
– P. 27 - 38.
DOI: 10.7256/2409-7136.2016.2.17654
URL: https://en.e-notabene.ru/lr/article_17654.html
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Abstract: The article considers the problem of shortage of nursing home beds. In the context of regional budgets reduction, this problem can’t be solved by increasing the number of these institutions. The author studies the alternative ways of solution of this problem, applied in the regions of the Russian Federation, including the nursing homes’ services purchase and the creation of foster homes for senior citizens and disabled people. The author applies the traditional methods of sociological and legal studies, such as the method of comparative legal analysis and system analysis. The author concludes that the alternative ways to solve the problem of shortage of nursing home beds, though saving budget funds, not always meet consumers’ interests. For example, the practice of creating foster homes for senior citizens and disabled people is risk bearing, since the formation of affection between adults (in contrast to the cases of adoption of children) is unlikely. If the main motive of adoption of a person is a profit, there is a high risk of conflicts and misuses. The article contains the suggestions about the improvement of the federal and regional legislation aimed at easing the shortcomings of use of institutions replacing nursing homes.
Zolotareva A.B. —
Is the present system of procurement centralization rational?
// Legal Studies. – 2015. – ¹ 12.
– P. 19 - 41.
DOI: 10.7256/2409-7136.2015.12.1732
URL: https://en.e-notabene.ru/lr/article_17321.html
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Abstract: As compared with the previous legislation, the Federal law "On the contract system in procurement of goods, works, and services for the state and municipal needs" expands the regulation of procurement centralization. Russia's regions and municipalities retain the freedom of choice of the model of centralization: from preserving customers' authorities to select the supplier, to delegating all such authorities to the special government body; with regard to state agencies, the centralization of other procurement functions is allowed. The article contains the analysis of models of centralization, applied in Russian regions, and their comparison with the approaches to the centralization of procurement in the developed countries. The author applies traditional legal methods of comparative legal analysis and the systems analysis. In the result of the analysis, the author comes to the conclusion that the existing degree of procurement centralization is excessive and inefficient, and proposes the improvement of legislation on centralization for solving the revealed problems.
Zolotareva A.B. —
Are hopeless bill debts really hopeless?
// Taxes and Taxation. – 2015. – ¹ 5.
– P. 360 - 366.
DOI: 10.7256/2454-065X.2015.5.13644
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Abstract: The subjects analyzed in the article are dispositions of the current version of Russia’s Tax Code and its new version that comes into force since January 1, 2015 (formulated by the Federal Law # 420-F3, which was adopted on December 28, 2013) about the formation of a tax base for operations with bond-like papers for taxation of incomes, including a record of losses from such operations. Besides, the article views interpretation of such dispositions of the legislature by courts, finance and tax agencies and experts.
The author uses such methods, classical for the juridical science, as comparison of laws, the system method and the method of logical analysis.
Basing on the results of his analysis, the author makes the conclusion about inaccurate interpretation of articles of the current version of the Tax Code that have to do with record of losses from operations with bond-like papers, aimed at taxation of incomes, by courts and the Ministry of Finance. The author also analyzes the drawbacks of the relevant norms of the version of the Tax Code that comes into force since January 1, 2015, and gives several suggestions for improving them.
Zolotareva A.B. —
// Taxes and Taxation. – 2014. – ¹ 5.
– P. 3 - 3.
DOI: 10.7256/2454-065X.2014.5.11957
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Zolotareva A.B. —
// Taxes and Taxation. – 2014. – ¹ 1.
– P. 86 - 94.
DOI: 10.7256/2454-065X.2014.1.10964
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