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DOI: 10.7256/2454-065X.2013.2.8659

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DOI: 10.7256/2454-065X.2013.2.8660

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DOI: 10.7256/2454-065X.2013.3.8674

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Keywords: Foros, nalog, prestuplenie, rassledovanie, kodeks, ugolovnyi, prestupnik, ushcherb, sud.

DOI: 10.7256/2454-065X.2018.10.25956

Abstract: The object of the research is the process of the performance of obligations to calculate taxes and levies. The subject of the research is the procedural, organisational and methodological features of studying the process of the performance of obligations to calculate taxes and levies in the tax and criminal process. The authors focus on the following aspects of the topic: 1. peculiarities of the legal classification of tax offences, their documentation and proof in the process of tax examinations; 2. peculiarities of the implementation of the presumption of innocence principle in the tax and criminal process of tax examinations; 3. application of the tax procedure results when classifying tax offences based on the articles of the Criminal Code of the Russian Federation that set forth responsibility for the avoidance of payment of taxes and levies. The authors pay special attention to harmonization of approaches used by the tax authorities and the Investigative Committee of the Russian Federation to studying the process of the performance of obligations to calculate taxes and levies. In the course of their research the authors have applied such research methods as empirical research, economic statistics, abstract logic, generalisation and systems approach that has allowed to carry out an in-depth analysis of the interaction between tax authorities and internal affairs agencies. The authors of the article examine peculiarities of the implementation of the presumption of innocence principle in the tax and criminal process of tax inspections. They also provide a detailed rationale of the opportunity to use the tax procedure results to classify tax offences according to the articles of the Criminal Code of the Russian Federation that set forth responsibility for the avoidance of the payment of taxes and levies. For the first time in the academic literature the authors prove the opportunity to harmonize approaches that are used by the tax authorities and the Investigative Committee of the Russian Federation to studying the process of the performance of obligations to calculate taxes and levies. 

Keywords: tax forensic examination, expert study, tax offence, economic forensic examination, tax crime, tax administration, criminal proceeding, tax process, tax control, expert

Abstract: The art icle is devoted to the issues and problems of discovering ways to commit tax violations in the sphere of transport, analyzing the signs of unjustified tax benefit and defining tendencies of crime prevention in this sphere. As a result of the analysis of law enforcement practice, the author defines the following well-known method of avoiding paying transport tax: regist rat ion of t ransport in a Russian Federation constituent with lower tax rates for no adequate business purposes; use of the transit number for purposes violating the applicable Russian Federation legislation; unjustified prolongation of registration of transport and shortage of the operational period in documents; use of unregistered transport in the territory of a business entity. At the end of the article the author makes a conclusion that suppression of tax violations in the sphere of transport committed by the aforesaid methods can be achieved through increasing control and communication between law-enforcement and competent law authorities that ensure a strict conformity of legally fixed operational transport conditions to actual conditions of discovering and eliminating of criminal factors.

Keywords: studies of law, taxes, levies, violations of law, crime, responsibility, principles, taxpayer, benefit, deal.

Abstract: The article is devoted to the question about the ‘blanket nature’ of disposition of the Russian criminal law on tax crime. The author describes the main features and peculiarities of discovering such a deed and analyzes the causes and peculiarities of imposing tax responsibility on a tax agent. Based on the analysis of the applicable criminal and tax legislation and law enforcement practice the author makes a conclusion about the need in improving a number of rules regulating the process of transferring tax by tax agents. At the end of the article the author concludes that suppression of the aforesaid crime can be achieved through raising control and interaction with law-enforcement and tax authorities which would ensure the right conditions of transport operation. Due to the ‘blanket nature’ of the criminal law as provided by Article 199.1 of the Criminal Code of the Russian Federation, the former can be applied and improved during man datory accounting of enforcement of applicable tax legislation as well as law enforcement practice in this sphere allowing to specify features of components of such a crime.

Keywords: law, disposition, tax, levies, crime, responsibility, punishment, taxpayer, benefit, responsibility.

DOI: 10.7256/2454-065X.2021.4.35578

Abstract: The goal of this research is to outline e the vectors for reducing the scale of “shadow” economy, improving control over legalization of the income of small and medium businesses in the constituent entities of the Russian Federation, and determining tax potential of the regions in separate sectors economic sectors in the current context. The subject of this research is the role and place of legalization of shadow business as the factor of stimulating the economic activity of the regions. The article examines various approaches of the experts towards the concept of “shadow” economy in the modern conditions. Analysis is carried out on the peculiarities of development of “shadow” economy in certain economic sectors (such as construction, wholesale and retail, alcohol production, etc.) in Russian regions (using the example of the Republic of Dagestan). Comparative study is conducted on various indicators in the constituent entities of North Caucasus Federal District and the Russian Federation. Special attention is given to the measures aimed at reduction of the scale of “shadow” economy and improving control over legalization of the income of entrepreneurial activity with regards to increasing tax revenues from small and medium businesses and determining tax potential of the regions. Recommendations are made for reducing the scale of the “shadow” economic sectors, increasing tax revenue from small and medium businesses, determining tax potential of the region in separate economic sectors, stimulating economic activity of small business within the limits of economic security. Based on the acquired results, the author makes  suggestions on legalization of the “shadow sector” in separate branches of the economy, as well as improvement of the effectiveness of measures of interdepartmental cooperation of tax, law enforcement and registering bodies aimed at determination of tax potential of the regions in the current context.

Keywords: potential, shadow, activity, taxes, income, budget, employment,, region,, economy,, reserves

DOI: 10.7256/2454-065X.2017.11.24696

Abstract: The object of the research is the criminal activity against the collection of arrears as well as activity performed by law enforcement agencies to investigate the aforesaid crimes. The subject of the research is the objective laws of criminal activity carried out by those who commit the aforesaid crimes as well as procedural and institutional, tactical and other means and investigation techniques. Alekhin pays special attention to the problems that may arise at the stage of viewing a report of a crime when the investigator makes a final decision that will affect the legal perspective of materials received by the investigator (completeness of collection measures, reflection of criminal activity in accounting records, definition of the large amount and moment of crime). The methodological basis of the research involves general research methods (comparison, analysis), theoretical methods (statistical analysis) and empirical methods (analysis of criminal case files, legal regulations, academic and professional literature). At the end of the article Alekhin makes conclusions that the decision to initiate a criminal case should be made after completion of all fiscal liability compulsory execution procedures, that assessment of an act's criminality should not depend on whether the concealment is reflected in accounting records or not, that the large amount should exceed both the amount of arrears and the cost of concealed property, and that liability should be incurred only after the deadline of tax and/or levy payment and the decision about collection of arrears is made. These conclusions can be taken as a basis for practical activity of law enforcement officers who investigate crimes set forth in Article 199.2 of the Criminal Code of the Russian Federation. 

Keywords: investigator, coercion, large amount, recovery, concealment, arrears, investigation, objective party, tax crimes, criminal responsibility

DOI: 10.7256/2454-065X.2013.1.62145

Abstract: The article is devoted to the questions about the blanket disposition of the Russian criminal law on responsibility for tax crime and main characteristics and features of such actions. The author also analyzes the origin and peculiarities of execution a tax responsibility. As a result of studying the current criminal and taxation laws and law enforcement practice the author concludes that there is a need to improve a number of legal acts regulating the process of paying taxes. In conclusion, the author says that it is possible to prevent the aforesaid tax crime through increased control and interaction between law-enforcement and tax authorities ensuring the discovery and elimination of criminogenic factors. Since the provision in Article 198 of the Criminal Code of the Russian Federation has the ‘blanket’ nature, the former can be used and improved taking into account the provisions of existing taxation legislation of Russia and law-enforcement practice in a proper sphere. It would allow to specify the features of a definition of such taxation crime.

Keywords: legal studies, taxes, levies, legislation, disposition, composition, signs, crime, court, responsibility.

Abstract: In order to define the mechanisms of effective implementation of general and private prevention of tax crimes, the author conducted a survey of tax officials in Moscow, Krasnodar, Krasnoyarsk, Stavropol, Astrakhan, Magadan regions and KhantyMansijsk District from January 2009 until July 2010. The survey included questions about criminological description of tax crimes in Russia. The results of the survey are described in the present article.

Keywords: studies of law, crime, legislation, tax, levy, budget, tendency, determinants, control, criminological.

Abstract: The research covers the macroeconomic analysis of tax crime in the Russian Federation. The authors analyze certain tax crimes committed both by physical persons and organizations.

Keywords: tax, crime, evasion, avoidance, responsibility, econometrics, Russia, regression, minimization, the Code.

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DOI: 10.7256/2454-065X.2013.2.62388

Abstract: The article is devoted to the questions about the blanket disposition of the Russian criminal law on responsibility for tax crime and main characteristics and features of such actions. The author also analyzes the origin and peculiarities of execution a tax responsibility. As a result of studying the current criminal and taxation laws and law enforcement practice the author concludes that there is a need to improve a number of legal acts regulating the process of paying taxes. In conclusion, the author says that it is possible to prevent the aforesaid tax crime through increased control and interaction between law-enforcement and tax authorities ensuring the discovery and elimination of criminogenic factors. Since the provision in Article 199 of the Criminal Code of the Russian Federation has the ‘blanket’ nature, the former can be used and improved taking into account the provisions of existing taxation legislation of Russia and law-enforcement practice in a proper sphere. It would allow to specify the features of a definition of such taxation crime.

Keywords: legal studies, disposition, article, taxes, levies, crime, responsibility, practice, legislation, improvement.

DOI: 10.7256/2454-065X.2015.5.15152

Abstract: The article analyzes the peculiarities of the legal regimentation of the institution of suspension of operations on accounts of a tax payer, which is a significant provisional measure for performing the duty of tax remissions in the budget. The author views several novelties in the administration of laws by tax and other juridical agencies, the activity of which, in the virtue of the “blanket” character of the disposition of a number of norms of the criminal law, also supposes adhering to the norms of tax law in determining the presence or absence of characteristics of a tax crime in an individual’s actions. The methodological basis of the article is an entity of general scientific and special methods of comprehension of social and legal realities in the analyzed sphere, such as methods of analysis, synthesis, systematization and generalization, as well as the formal logical method. The author reveals the function, the legal significance and the legal consequences of introducing several changes in the order of suspending operations on accounts of a tax payer in Russia’s legislature, as a provisional measure for performing the tax duty. The conclusions made in the article can be useful for law-enforcement agencies, students, postgraduate students, as well as to anyone who is interested in issues of law, juridical consulting and tax administration.

Keywords: criminal liability, tax liability, legislature, tax payers, suspension of operations, injunctive measure, tax duty, tax agencies, taxes, prevention of crimes

DOI: 10.7256/2454-065X.2015.5.66532

Abstract: The article analyzes the peculiarities of the legal regimentation of the institution of suspension of operations on accounts of a tax payer, which is a significant provisional measure for performing the duty of tax remissions in the budget. The author views several novelties in the administration of laws by tax and other juridical agencies, the activity of which, in the virtue of the “blanket” character of the disposition of a number of norms of the criminal law, also supposes adhering to the norms of tax law in determining the presence or absence of characteristics of a tax crime in an individual’s actions. The methodological basis of the article is an entity of general scientific and special methods of comprehension of social and legal realities in the analyzed sphere, such as methods of analysis, synthesis, systematization and generalization, as well as the formal logical method. The author reveals the function, the legal significance and the legal consequences of introducing several changes in the order of suspending operations on accounts of a tax payer in Russia’s legislature, as a provisional measure for performing the tax duty. The conclusions made in the article can be useful for law-enforcement agencies, students, postgraduate students, as well as to anyone who is interested in issues of law, juridical consulting and tax administration.

Keywords: criminal liability, tax liability, legislature, tax payers, suspension of operations, injunctive measure, tax duty, tax agencies, taxes, prevention of crimes

DOI: 10.7256/2454-065X.2014.9.13059

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DOI: 10.7256/2454-065X.2014.9.65571

Abstract: The subject under research: the article is devoted to the problems that may arise when applying the legal provision on relief from criminal responsibility for tax crime. The author of the article analyzes contradictory legislative texts established by the criminal law (Part 1 of Article 761 and Note 2 to Articles 198 and 199 of the Criminal Code of the Russian Federation) and criminal procedure law (Article 281 of the Code of Criminal Procedure of the Russian Federation). The author describes grounds and conditions for application of these legislative provisions as well as problems that may arise as a result thereto. In particular, the author analyzes the cases when a crime has been committed for the first time or the damage to the budget system has been recovered. The author describes contradictions between judicial practice and theory of the criminal law on the matter. The article is based on the technical method of analyzing the practice of the application of legal provisions about relief from criminal responsibility as set forth by Part 1 of Article 761 of the Criminal Code of the RF and Note 2 to Articles 198 and 199 of the Criminal Code of the Russian Federation. The author also uses the statistical method for evaluating the efficiency of the application of these provisions. According to the author, the latest version of Part 1 of Article 761 of the Criminal Code of the Russian Federation fails to be efficient which is caused by such factors as the low efficiency of work performed by tax authorities to enforce collection of taxes and low efficiency of law-enforcement agencies investigating tax crime which leads to frequent expiration of the statute of limitations. Taking all these circumstances and factors into account, the author concludes that there is a certain need to improve the practice of tax administration to make provisions actually effective.

Keywords: relief, criminal responsibility, crime, economic activity, tax crime, non-payment of taxes, insufficient payment, harm, sphere, budget system.