Разрешительный тип правового регулирования административно-правового статуса и административное усмотрение субъектов административной юрисдикции в сфере налогообложения и сборов: проблемы соотношения
The article is devoted to classifying, by grounds and types, administrative enforcement measures for violations of tax legislation. The analysis of the system of these measures is constructed taking account of their purposes and the grounds for applying them, the method for them to secure the administration of justice, and the content of the measures in question. This has allowed the author to identify shortcomings both in the legal regulation and in the practice of applying administrative enforcement measures for violations of tax legislation, as well as to devise and propose in the article methods for solving the above problems.
Having regard to the significance of the legal classification of the bodies of administrative offences in tax legislation for the purpose of securing the system of justice and the proportionality of administrative liability, the article examines the grounds for such classification and the system of bodies of administrative offences in tax legislation. In the author's opinion, the approach set out in the article to the classification of bodies of administrative offences allows both significant gaps in the legal regulation of administrative liability to be elim inated and also ensures the proper codification of legislation on administrative offences.
The legal strategy of the future is reached in daily law-enforcement practice of China. The analysis within comparative jurisprudence is in many respects predetermined by its functions which are setting target orientation and vectors of studying, comparison, an assessment. Problems of legal distinctions of Russia and China from the point of view of opportunities of their overcoming are obvious. In this context it is possible to speak about distinctions, and not only about temporary and long-term, but also about the ineradicable.
Certainly, the emphasis on comparison only laws leaves other phenomena of legal life in a shadow: sources of law, state institutes, legal establishments, application of law, legal education and science. Obviously, it is necessary to carry that is a question not of an one-stage look, and of difficult informative process of its intensive development to the positive moments of the carried-out analysis of the current legislation of China.
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.