This article examines one of the topical issues of the Russian tax law, namely, the issue regarding with the definition of forfeit under the current Russian legislation on taxes and charges.
The paper analyses the change in the legal nature of forfeit under the Russian tax legislation — from the measure of responsibility for violation of tax legislation (in the 1990s) to the means of securing performance of tax duty (with the entry into force of the Tax Code of the Russian Federation in 1999).
The research identifies the reasons for the alteration of the definition of forfeit under the Russian tax law and assesses their consequences for maintaining the balance of public and private interests in the tax law.
The research formulates proposals on improving legislation regulating tax relations for the computation and payment of forfeit.
This article presents the analysis of the relationship of the constitutional principle of equality and the existing tax exemptions based on judicial practice of the Constitutional Court of the Russian Federation, international judicial practice. Moreover, the article outlines the principle of equality and universality of taxation in conjunction with the principle of justice and proportionality.
This article presents the questions of the application of the patent system of taxation, citation of its strengths and weaknesses. The author gives a comparative analysis of the patent system of taxation and other tax regimes based on both real income, and potential. In addition, the author offers options for taxation of self-employed citizens using the patent system of taxation as an orienting point of solving the problem of forcing out self-employed citizens from the grey market.
Understanding of public finance as a sphere of social relationships by scholars is no single. It develops depending on increasing role of a state government. In Russia public finance is still understood as a set of economic relations aimed at generation and spending of public funds. This concept of public finance reflects in the current legislature. For example, according to the Russian Federation Budgeting Code, a budget is a form of generation and spending of money aimed at funding of functions and goals of a government unit. The mentioned concept of public finance reflects in the RF Tax Code, too. But in the Anglo-Saxon legal and economic doctrine public finance is understood as a sphere of social relations for resource allocation on a par with private finance. And taxes aren’t considered as payments for government services.
The term "resident" in international tax law means any person, under the laws of that State, is liable to tax therein. Howewer, criteria of this term are different and depend on domestic and international law. The centre of the vital interest is one of few way to identify residence status. In the Article, author analyze the meaning of centre of the vital interest criterion in Russian and International practice.
The monograph presents the tax legislation as a main source of the tax law and the different forms of systematization of tax legislation. It explains the substance and object-matter, juridical and economical goals, tasks and challenges of the systematization of tax legislation.