调整法律适用效力的现代挑战(以税收和法律监管为例)

Olha Lohvinova
{"title":"调整法律适用效力的现代挑战(以税收和法律监管为例)","authors":"Olha Lohvinova","doi":"10.21564/2414-990x.164.297335","DOIUrl":null,"url":null,"abstract":"The relevance of the research topic is determined by the current state of social relations. It is notedthat the analysis of modern social relations cannot be carried out outside the boundaries of significantchallenges that require not only their understanding, but also consideration in the relevant reform measures.The most important challenges today are the following: Russia's war with Ukraine; European integrationprocesses that characterize modern trends in Ukrainian development; digitization of all aspects of public life.Given the problems associated with this, the article defines both objective reasons that affect tax relations, aswell as requirements that are subjective in nature.The purpose of the article is to highlight problematic aspects of the state of modern legal regulation.Attention is focused on the fact that war, European integration and digitalization are among the mostinfluential factors in this aspect. It is clear that they cannot fail to influence the traditional legal means thatguarantee the effectiveness of tax legislation. These aspects are the subject of analysis.Traditional methods of scientific knowledge are used in the research, thanks to which a systematicidea is formed about the reasons for adjusting legal means of influence on tax relations. The characteristicsof the influence of martial law on tax regulation are carried out depending on the stages. The beginning ofthe first is associated with 2014, while the second - with 2022. Despite common features (narrowing of theterritories where Ukrainian jurisdiction exists, reduction of the tax base and tax-paying taxpayers, etc.),differences in the content of these stages have been singled out. European integration processes, whichreflect the movement of Ukraine towards the European community, provide for the adjustment of the natureand content of tax legislation in the following directions: a) adaptation of the current tax legislation ofUkraine to European requirements; b) consideration of European prescriptions at the stage of developmentof zocono projects; c) achieving a balance of acts of the national legislation system.Three areas of relations, which most fundamentally affect the legal status of tax regulation, havebeen studied. The prospects of tax changes depending on the state of war, the prospects of the impact ofharmonization of EU legislation and national legislation, the need to take into account the processes ofdigitalization of tax relations are considered.On the basis of the conducted research, conclusions were made and recommendations were maderegarding the harmonization of the prescriptions of both exclusively tax norms and tax norms on the borderwith other industry regulations. Adjustment of the current set of legislative norms determines the importanceof a systematic approach to the turnover of virtual assets. The formation of a generalized, systematicapproach to these relations is fundamentally important. In order to achieve such a state, it is very importantto supplement the private law means of regulating the circulation of virtual assets with effective tools ofpublic and legal influence (taxation, supervision, public control). The study analyzes the substantive factorsof the regulation of such relations proposed by the two draft laws.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 5","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Modern Challenges of Adjusting the Effectiveness of the Application of Laws (on the Example of Tax and Legal Regulation)\",\"authors\":\"Olha Lohvinova\",\"doi\":\"10.21564/2414-990x.164.297335\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The relevance of the research topic is determined by the current state of social relations. It is notedthat the analysis of modern social relations cannot be carried out outside the boundaries of significantchallenges that require not only their understanding, but also consideration in the relevant reform measures.The most important challenges today are the following: Russia's war with Ukraine; European integrationprocesses that characterize modern trends in Ukrainian development; digitization of all aspects of public life.Given the problems associated with this, the article defines both objective reasons that affect tax relations, aswell as requirements that are subjective in nature.The purpose of the article is to highlight problematic aspects of the state of modern legal regulation.Attention is focused on the fact that war, European integration and digitalization are among the mostinfluential factors in this aspect. It is clear that they cannot fail to influence the traditional legal means thatguarantee the effectiveness of tax legislation. These aspects are the subject of analysis.Traditional methods of scientific knowledge are used in the research, thanks to which a systematicidea is formed about the reasons for adjusting legal means of influence on tax relations. The characteristicsof the influence of martial law on tax regulation are carried out depending on the stages. The beginning ofthe first is associated with 2014, while the second - with 2022. Despite common features (narrowing of theterritories where Ukrainian jurisdiction exists, reduction of the tax base and tax-paying taxpayers, etc.),differences in the content of these stages have been singled out. European integration processes, whichreflect the movement of Ukraine towards the European community, provide for the adjustment of the natureand content of tax legislation in the following directions: a) adaptation of the current tax legislation ofUkraine to European requirements; b) consideration of European prescriptions at the stage of developmentof zocono projects; c) achieving a balance of acts of the national legislation system.Three areas of relations, which most fundamentally affect the legal status of tax regulation, havebeen studied. The prospects of tax changes depending on the state of war, the prospects of the impact ofharmonization of EU legislation and national legislation, the need to take into account the processes ofdigitalization of tax relations are considered.On the basis of the conducted research, conclusions were made and recommendations were maderegarding the harmonization of the prescriptions of both exclusively tax norms and tax norms on the borderwith other industry regulations. Adjustment of the current set of legislative norms determines the importanceof a systematic approach to the turnover of virtual assets. The formation of a generalized, systematicapproach to these relations is fundamentally important. In order to achieve such a state, it is very importantto supplement the private law means of regulating the circulation of virtual assets with effective tools ofpublic and legal influence (taxation, supervision, public control). The study analyzes the substantive factorsof the regulation of such relations proposed by the two draft laws.\",\"PeriodicalId\":417369,\"journal\":{\"name\":\"Problems of Legality\",\"volume\":\" 5\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-05-10\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Problems of Legality\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.21564/2414-990x.164.297335\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Problems of Legality","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21564/2414-990x.164.297335","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

社会关系的现状决定了研究课题的相关性。需要指出的是,对现代社会关系的分析不能脱离重大挑战的范围,这些挑战不仅需要理解,还需要在相关改革措施中加以考虑:俄罗斯与乌克兰的战争;作为乌克兰现代发展趋势特征的欧洲一体化进程;公共生活各方面的数字化。鉴于与此相关的问题,文章既定义了影响税务关系的客观原因,也定义了主观性质的要求。显然,这些因素都会影响到保证税收立法有效性的传统法律手段。在研究中使用了传统的科学知识方法,从而对调整影响税务关系的法律手段的原因形成了系统的认识。戒严法对税收调节的影响特点是根据不同阶段进行的。第一个阶段的开始与 2014 年有关,而第二个阶段则与 2022 年有关。尽管存在共同特征(乌克兰管辖区域缩小、税基和纳税人减少等),但这些阶段在内容上存在差异。欧洲一体化进程反映了乌克兰向欧洲共同体的迈进,为调整税收立法的性质和内容提供了以下方向:a) 使乌克兰现行税收立法适应欧洲的要求;b) 在发展 Zocono 项目阶段考虑欧洲的规定;c) 实现国家立法体系法案的平衡。在研究的基础上,就如何协调专门的税收规范和边境税收规范与其他行业法规的规定提出了结论和建议。对现行法律规范的调整决定了对虚拟资产交易采取系统方法的重要性。对这些关系形成一种普遍的、系统的方法是至关重要的。为了达到这样的状态,用有效的公共和法律影响工具(税收、监督、公共控制)来补充调节虚拟资产流通的私法手段是非常重要的。本研究分析了两部法律草案提出的规范此类关系的实质性因素。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Modern Challenges of Adjusting the Effectiveness of the Application of Laws (on the Example of Tax and Legal Regulation)
The relevance of the research topic is determined by the current state of social relations. It is notedthat the analysis of modern social relations cannot be carried out outside the boundaries of significantchallenges that require not only their understanding, but also consideration in the relevant reform measures.The most important challenges today are the following: Russia's war with Ukraine; European integrationprocesses that characterize modern trends in Ukrainian development; digitization of all aspects of public life.Given the problems associated with this, the article defines both objective reasons that affect tax relations, aswell as requirements that are subjective in nature.The purpose of the article is to highlight problematic aspects of the state of modern legal regulation.Attention is focused on the fact that war, European integration and digitalization are among the mostinfluential factors in this aspect. It is clear that they cannot fail to influence the traditional legal means thatguarantee the effectiveness of tax legislation. These aspects are the subject of analysis.Traditional methods of scientific knowledge are used in the research, thanks to which a systematicidea is formed about the reasons for adjusting legal means of influence on tax relations. The characteristicsof the influence of martial law on tax regulation are carried out depending on the stages. The beginning ofthe first is associated with 2014, while the second - with 2022. Despite common features (narrowing of theterritories where Ukrainian jurisdiction exists, reduction of the tax base and tax-paying taxpayers, etc.),differences in the content of these stages have been singled out. European integration processes, whichreflect the movement of Ukraine towards the European community, provide for the adjustment of the natureand content of tax legislation in the following directions: a) adaptation of the current tax legislation ofUkraine to European requirements; b) consideration of European prescriptions at the stage of developmentof zocono projects; c) achieving a balance of acts of the national legislation system.Three areas of relations, which most fundamentally affect the legal status of tax regulation, havebeen studied. The prospects of tax changes depending on the state of war, the prospects of the impact ofharmonization of EU legislation and national legislation, the need to take into account the processes ofdigitalization of tax relations are considered.On the basis of the conducted research, conclusions were made and recommendations were maderegarding the harmonization of the prescriptions of both exclusively tax norms and tax norms on the borderwith other industry regulations. Adjustment of the current set of legislative norms determines the importanceof a systematic approach to the turnover of virtual assets. The formation of a generalized, systematicapproach to these relations is fundamentally important. In order to achieve such a state, it is very importantto supplement the private law means of regulating the circulation of virtual assets with effective tools ofpublic and legal influence (taxation, supervision, public control). The study analyzes the substantive factorsof the regulation of such relations proposed by the two draft laws.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信