Release:
Vesntik TSU. law (#3). 2013About the authors:
Viktor E. Sevryugin, Dr. Sci. (Jur.), Professor, Acting Head of the Department of Administrative and Financial Law, Institute of State and Law, University of Tyumen; v.e.sevryugin@utmn.ruAbstract:
Established in the early 90s of the last century the system of tax administration, focused primarily on meeting the needs of the budget, was one of the causes of fiscal imbalance in the activities of the authorized bodies of the state that do not meet modern challenges of social and economic development of Russia. In this regard, it is important and urgent to remove conflicts of laws in the tax legislation, that will provide a better legal framework aimed at better organization of the tax control and workflow in the sphere of taxation; establish additional legal guarantees and improve conditions for honest taxpayers in their implemenation of tax duties; reduce conflicts in the system of tax administration and strengthen the tax law. It is a vital idea of the presumption of tax honesty of citizens that has the potential that can and should be involved in the implementation of legal functions of tax and other competent authorities, and it should be conducted at the highest level of efficiency. The authors carried out a comparative analysis of the legal regulation of the tax administration and made a number of suggestions to manage the tax control activities on the basis of systematic tax procedural rules of the Tax Code, which will create a legal framework partnership focus on the tax and other authorized state agencies.Keywords:
References:
1. Law of the Russian Federation, of 21 March 1991. No. 943-1 «Concerning the tax authorities of the Russian Federation». Sobranie zakonodatel'stva Rossijskoj Federacii — Collection of the Legislative Acts of Russian Federation. 1999. No. 28. Art. 3484 (in Russian).
2. Degree of the Government of the RF, of 16 May 2011 No. 373 (ed. 3 December 2012) «On the development and approval of administrative rules of execution of public functions and administrative regulations for the provision of public services». Sobranie zakonodatel'stva Rossijskoj Federacii — Collection of the Legislative Acts of Russian Federation. 30 May 2011.
No. 22. Art. 3169 (in Russian).
3. Order of the Federal Taxation Service of Russia, of 18 December 2012 No. ММВ-7-6/976@ «Ob utverzhdenii reglamentov, obespechivajushhih funkcionirovanie Internet-servisa FNS Rossii» («On the approval of the regulation, that ensires functioning of the Internet-service of the FTS of Russia») Available at: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW (in Russian)
4. Federal Law, of 27 July 2006. No. 137-FZ «On the introduction of changes into part one and part two of the Taxt Code of the Russian Federation and into separate legal acts of the Russian Federation due to measures taken to improvement of tax administration». Rossijskaja gazeta — Russian newspaper. 2006. 29 July (in Russian).
5. Sadovskaja, T.D. Aktual'nye problemy sovershenstvovanija nalogovogo kontrolja v Rossijskoj Federacii v uslovijah administrativnoj reformy [Current issues of tax control improvement in the Russian Federation in conditions of administrative reform]. Monograph. Tyumen: Tjumenskij gosudarstvennyj universitet publ., 2007. P. 99 (in Russian).
6. Titov, A.S. Legal conflicts in the legislation, regulating tax administration. Reformy i pravo — reforms and law. 2008. No. 1 (in Russian).
7. Osnovnye napravlenija nalogovoj politiki Rossijskoj Federacii na 2013 g. i na planovyj period 2014 i 2015 godov (Major directions of the Russian Federation tax policy in 2013 and for the planning period of 2014 and 2015). Available at: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=129118 (in Russian)
8. Order of the President of the RF of 9 March 2004 No 314 (ed. 22 June 2010) «On the System and Structure of Federal Executive Branch Agencies». Sobranie zakonodatel'stva Rossijskoj Federacii — Collection of the Legislative Acts of Russian Federation. No. 11. 15 March 2004. Art. 945
(in Russian).
9. Peredernin, A.V. Nalogovoe administrirovanie: sostojanie; problemy; perspektivy [Tax administration: state; problems; perspectives]. Monograph. Tyumen: Tjumenskij gosudarstvennyj universitet publ., 2010. 248 p. (in Russian)
10. Demin, A.V. Neopredelennost' v nalogovom prave i pravovye sredstva ee preodolenija [Ambiguity in the tax law and legal means to overcome it]. Monograph. Moscow: RIOR: INFRA-M, 2013. 246 p. (in Russian)