Shilekhin K.E. —
Approach towards classification of the types of legal responsibility
// Administrative and municipal law. – 2021. – ¹ 3.
– P. 21 - 31.
DOI: 10.7256/2454-0595.2021.3.35436
URL: https://en.e-notabene.ru/ammag/article_35436.html
Read the article
Abstract: The subject of this research is the social relations in the context of bringing to legal responsibility, as well as normative legal acts and scientific literature that reflect such relations. The problem of classification of the types of legal responsibility is relevant in the context of substantiation of the autonomy of its individual types. The attempts to substantiate the autonomy of one or another type of legal responsibility entail the revision of the grounds for classification. The goal of this article consists in revealing the natural grounds for definition of the concept of “legal responsibility” to build consistent and exhaustive classification. The main conclusion lies in determination of the criterion for classification of the types of legal responsibility. Emphasis is placed on the social relations underlying the legal relations, namely legal relations in the area of bringing to legal responsibility. On the example of responsibility for committing tax fraud, the article demonstrates the failure of attempts to find qualification criteria on the basis of the normative legal acts outside the entirety of social relations. The article determines the close link between social relations in the economic sphere, as well as their impact upon legal relations emerging in the context of bringing to legal responsibility as a whole and administrative responsibility in particular.
Shilekhin K.E. —
Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)
// Taxes and Taxation. – 2020. – ¹ 1.
– P. 46 - 57.
DOI: 10.7256/2454-065X.2020.1.31688
URL: https://en.e-notabene.ru/ttmag/article_31688.html
Read the article
Abstract: The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.
Shilekhin K.E. —
Evidence of administrative violations in the area of taxes and duties
// Administrative and municipal law. – 2020. – ¹ 1.
– P. 46 - 54.
DOI: 10.7256/2454-0595.2020.1.31844
URL: https://en.e-notabene.ru/ammag/article_31844.html
Read the article
Abstract: The subject of this research is the normative legal acts, scientific literature, and case law materials reflecting the evidence of administrative violations. Covering the problem, the author notes the flaws in the existing legislation on administrative liability, using external (formal) sign to characterize a particular act as a legal violation or an offence. Underlining the flaws of such approach, special attention is paid to the search for the evidence of administrative violation, which allows characterizing the essence of the act. In the course of this research, the author applies scientific achievements of other human sciences, primarily economics. Methodological framework is comprised of the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of the materials, are used general scientific and special methods of research: induction, deduction and document analysis. The main conclusion of this study consists in the formulation of the definition of administrative violation in the area of taxes and duties. The author develops a new approach towards structuring the system of evidence of such unlawful act, highlighting the essential (conceptual) evidence – public danger, and proposing a mechanism for determining public danger of a particular act.
Shilekhin K.E. —
Experience of the Foreign States in Improving Responsibilities for Tax Offences
// Taxes and Taxation. – 2017. – ¹ 7.
– P. 47 - 55.
DOI: 10.7256/2454-065X.2017.7.23753
URL: https://en.e-notabene.ru/ttmag/article_23753.html
Read the article
Abstract: The article is devoted to the analysis of tax penalty as a responsiblity for committed tax offences. As a result of his analysis, the author has provided his evaluation of tax penalty as a means that is supposed to prevent taxpayers from committing a tax offence. The author also gives recommendations on how to reform the tax penalty system by including new forms of penalties. The subject of the research is the penalties that are imposed for tax offences in Russia, USA, Netherlands and France. The author has analyzed statistical data regarding activities undertaken by the Federal Tax Service of the Russian Federation and offers his own recommendations on how to improve the efficiency of that department. The methodological basis of the research involves the dialectical research method applied to the analysis of the social reality. To collect, process, summarize, analyze and interpret economic data the author has also used general and specific research methods such as induction, deduction, comparative statistical analysis and document analysis. As a result of his research the author concludes that the current tax penalty system is not efficient enough. Such inefficiency is caused not only by the absense of a concrete purpose of penalties but also the inability to actually influence taxpayers' behavior. According to the author, it is possible to make the penalty system more efficient if penalties start to influence the motives of enterpreneurial activity and make illegal business disadvantageous.
Shilekhin K.E. —
Analysing Tax and Administrative Offences in the Sphere of Taxes and Levies in Terms of European Court of Human Rights Resolutions
// Taxes and Taxation. – 2017. – ¹ 5.
– P. 1 - 9.
DOI: 10.7256/2454-065X.2017.5.23371
URL: https://en.e-notabene.ru/ttmag/article_23371.html
Read the article
Abstract: The subject of the research is the law enforcement practice of the European Court of Human Rights regarding the legal liability of organisation and physical entities. Focusing on the problem, the author analyzes the practice of the European Court of Human Rights in viewing tax disputes and assesses the possibility of applying revealed regularities by Russian enforcers. The author of the article pays special attention to the relation between corpus delicti of administrative offences in the sphere of taxes and levies and tax offences from the point of view of the provisions in Article 6 of the European Convention on Human Rights. The methodological basis of the research is the dialectical method to study the social reality. To collect, process, summarize, analyze and interpret data the author has applied general and special research methods such as induction, deduction, comparative statistical analysis, and analysis of documents. Based on the results of the research the author concludes that there are certain gaps in the Russian laws on tax and levy liability as a result of the formal approach to developing law branches and institutions. The author of the article suggests that we should use the law enforcement practice of the European Court of Human Rights to make changes in the Russian legislation.