DOI: 10.7256/2454-065X.2018.1.25228

Abstract: The present article is devoted to the issues related to regulation of tax relations. Modern legal realities demonstrate the tendency to change ways and instruments that are used to resolve tax disputes. The object of the present research is the Judgement of the Constitutional Court of the Russian Federation no. 9 dated March 23, 2017 and Decree of the Constitutional Court of the Russian Federation No. 39 dated December 8, 2017. These constitutional acts legalise implementation of civil institutions for public interests of tax authorities. Comparative analysis of the existing legislation and aforesaid acts prove that at the present time tax authority has all rights to appeal to courts of general jursdiction to seek compensation for tax arrears using Article 1102 of the Civil Code of the Russian Federation on unjustifiable enrichment. Moreover, the Constitutional Court of the Russian Federation allows an opportunity to hold an individual liable for a failure to pay corporate taxes. These approaches are not typical for Russian legal activity as a result of mixed private and public law instruments. Thus, the author concludes that mechanisms described by Tax Code of the Russian Federation are inefficient in achieving goals and tasks of fiscal authorities. At the same time, if this problem is not solved legally, it can create disbalance between public and private interests. 

DOI: 10.7256/2454-065X.2018.1.25084

Abstract: The subject of the research is the tax relations between Eurasian Economic Union member states that may arise in the process of deepening integration relations between countries. The object of the research is modern tax approaches to making out integrative tax terms and qualitative and quantitative indicators of the level of tax partnership. The author focuses on analysing integrative tax terms such as tax harmonization, tax convergence, tax unification, and tax competition. The author also describes qualitative and quantitative indicators that may be used to assess the level of tax partnership. The author also pays special attention to improving taxation through evaluation the level of tax partnership.  The methodological basis of the article is the systems analysis of researchers' approaches to such terms as tax harmonization, unification, convergence, coordination and tax competition. The methodology of the research also involves analysis and synthesis of applicable integrative tax terms, and determination of their key features in order to provide an integral definition of tax partnership. The scientific novelty of the research is caused by the fact that the author defines key features of each integrative tax term and offers her own definition of tax partnership based on these key features. The main conclusions of the research is the description of key features of tax partnership that distinguish it from other integrative tax terms, and determination of targets, tasks, principles and algorithm of tax partnership, development and imrovement of indicators of the level of tax partnership. 

DOI: 10.7256/2454-065X.2018.1.24576

Abstract: The subject of the research is the parties, features, signs and relations involved in the process of legal regulation of enterprise tax ability level and analytical process of tax management of economic entities. The aim of the research is to provide theoretical grounds, methodological support and practical implementation of analytical tools that help to describe statistics and dynamics of tax obligations incurred by agroindustrial processing enterprises and used to evaluate specific features and signs of tax burden and tax take in 'tax authority/enterprise' system taking into account uncertain business environment, contradictory provisions of legal documents and guidelines, and particular objective and subjective business conditions. The methodological basis of the research includes overall dialectical, systems approach and deductive research methods. These methods are applied based on certain theoretical approaches that create grounds for legal analytical capacity and practical implementation of tax liability evaluation as an open and complex process based on the general-to-specific criterion. The scientific novelty of the research is caused by the fact that the authors develops theoretical and methodological guidelines and provisions aimed at developing the system of tax burden evaluation taking into account specific features of economic activity of agroindustrial processing enterprises and eliminating drawbacks and contradictions of currently used standard approaches. This includes: 1) the need to differentiate between categories 'tax burden' and 'tax take' because these terms have a different meaning in the Russian language; 2) the need to eliminate aggregated standards of tax burden set forth by The Ministry of Finance of the Russian Federation and to increase their validity and efficiency. 

DOI: 10.7256/2454-065X.2018.1.24676

Abstract: The article is devoted to one of the main taxes in the Russian tax system, corporate profit tax. Profit taxes are used in countries with market economy and serve as one of the most important instruments to encourage the economic growth. The need to find the best parameters to evaluate profit tax is very important and thus, this problem needs to be studied further. The authors of the article note that profit tax is a significant part of state budget. In this article the authors provide results of their analysis when they studied the mechanism that is used to evaluate profit tax and tax revenues into the state budget. The methodological basis of the research involves fundamental concepts described in Russian and foreign researches, legal acts of state authorities, federal laws, President's Decrees and Resolutions of the Russian Federation Government, as well as materials of research and practice conferences. In the course of their research the authors have used abstract logical, monographic, statistical economic and other methods of economic research. The authors of the article analyze principles of taxation of legal entities' profit in Russia, Germany, Denmark and Czech Republic. The authors pay special attention to the main changes in laws on tax and levies in 2017 and make conclusions whether these changes may improve corporate profit taxation process. 

DOI: 10.7256/2454-065X.2018.1.25147

Abstract: The subject of the research is whether it is lawful to impose value added tax for non-taxable operations. The author of the articvle examines conditions and terms of relief from value added tax on operations as stated in Article 149 of The Tax Code of the Russian Federation. The author points out that according to tax laws, a taxpayer does not have a right to impose value added tax for operations described in Clause 2 of Article 149 of The Tax Code of the Russian Federation. In her research Rusakova pays special attention to the procedure of cancelling tax on taxable operations listed in Clause 3 of Article 149 of The Tax Code of the Russian Federation. In the course of her research Rusakova has used general research methods (analysis, analogy, description and generalisation) and graphic representation of data. The methodological basis of the article involves systems analysis of tax legislation and current arbitration practice. Having analyzed provisions of applicable tax laws, the author of the article has discovered the contradiction between Clause 5 of Article 149 of The Tax Code stating that only part of exempt operations can be relieved from VAT, and Clause 5 of Article 173 of The Tax Code of the Russian Federation allowing to issue VAT invoices for all non-taxable operations. The main conclusino of the research is that there is a need to change current laws on taxation. The novelty of the research is caused by the fact that the author suggests to terminate provisions of Clause 5 of Article 149 of The Tax Code of the Russian Federation so that a purchasing taxpayer does not risk to be denied VAT returns based on formal grounds.