以港口费为例对地方行政管理的展望

E. Galchun, D. A. Kezlya, Ilya Vyacheslavovich Novichkov
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引用次数: 0

摘要

2020年2月28日,在俄罗斯总理与议会议院理事会成员的会晤中,再次提出了非税收支付问题以及确定并向俄罗斯联邦国家杜马提交具有准税收性质的强制性支付法律草案的必要性。到目前为止,企业的非税支付有167种,都是记入各级预算的,即所谓的财政支付和准财政支付。这篇文章致力于研究监管问题。作者的目标是评估管理准财政支付问题的可能解决方案,并确定最优方案。首先,本文从若干方面指出了准财政与税费的相似性,并对它们进行了比较分析。本文认为,两者的本质区别在于无法进入预算系统,以及在下级层面确立特征的本质是纯粹合法的,不影响支付方的外部感知的可能性。结论是,对于经济实体来说,现行制度被视为对其活动的双重征税。然而,本文批评的并不是准政府的存在,而是准政府监管的不统一、缺乏统一的国家控制机制以及税收立法的实际解码。发件人认为,有必要加强国家对这一领域的干预,并制定一项单独的联邦法律,与《税法》并行运作。这些措施将为财政困难的纳税人的权利提供新的保障,提高国家监管的透明度和可预测性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Prospects for the administration of parafiscalities on the example of port fees
On February 28, 2020, at a meeting of the Prime Minister of Russia with members of the Council of the Chamber of the Parliament, the problem of non-tax payments and the need to finalize and submit to the State Duma of the Russian Federation the draft law on mandatory payments having a quasi-tax character was again raised. To date, there are 167 types of non–tax payments paid by business entities, both credited to budgets of all levels, the so-called fiscal and parafiscal payments. This article is devoted to the study of the problems of regulation. Authors' goal is to evaluate possible solutions to the problem of administering parafiscal payments and identify the most optimal one. First of all, the paper notes the similarity of parafiscalities with taxes and fees on a number of grounds, and provides their comparative analysis. It is argued that the essential differences are non-access to the budget system, as well as the possibility of establishing at the subordinate level that the essence of the features are purely legal and do not affect the external perception on the part of payers. It is concluded that for the economic entities the current system is seen as double taxation of their activities. However, the paper criticizes not the very existence of parafiscalities, but the disunity of their regulation, the lack of unified mechanisms of state control, and the actual decodification of tax legislation. According to the author, it is necessary to strengthen state intervention in this area, as well as the creation of a separate federal law that would operate in parallel with the Tax Code. These measures will create new guarantees of the rights of taxpayers of parafiscalities, increase transparency and predictability of state regulation.
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