Kinsburskaya, V. A. Once Again about the Legal Nature of Tax Responsibility.

Abstract: Based on the analysis of the Russian legislation, innovation of the legal doctrine, comparison of specific features of tax violations and administrative offences mentioned in the Administrative Offences Code of the Russian Federation as well as certain tax and administrative sanctions, the author of the article views the issue of the legal nature of so ca-called ‘tax responsibility’, i.e. responsibility for commitment of violations of the tax law described in the Chapter 16 of the Tax Code of the Russian Federation. The author concludes that such a responsibility for tax violations is of administrative nature and can be distinguished from the administrative offence as it is described in the Administrative Offences Code based only on the subjective corpus delicti. The author suggests that there are no significant differences between tax sanctions and administrative sanctions as they are presented in the Administrative Offences Code. However, it is noted that a specialized procedure of imposing of administrative sanctions for tax violations stated in the Tax Code is quite justified because the tax law is quite independent as an institution and regulates very specific relations. Due to that, the author suggests his own way of reforming the Russian legislation on administrative responsibility for violations of legislation in the sphere of taxes and levies.

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