从术语上支持税收法规的系统性,将其作为实现乌克兰税收关系参与者利益平衡的基础

Oleksandr Savvi
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引用次数: 0

摘要

本研究课题的现实意义在于,现行税收法律和其他与税收法规相关的行业法律无法被定义为一个系统、协调的框架。某些法案之间以及同一法案中的某些立法规范之间存在根本性差异。考虑到乌克兰《政策制定活动法》的规定,对实现系统性税收立法的各自影响尚未得到考虑,这一事实进一步增强了相关性。本文的目的是分析表达税收法规内容的术语方面,该分析是根据税法构成的系统性标准进行的。研究采用的科学知识方法明确指出了问题审议的问题性质,即系统方法(通过该方法研究税法的系统性和税收立法的系统性)、比较方法(通过该方法对立法规范的发展动态和变化进行比较分析)和预测方法(通过该方法得出有关税收立法体系变化前景的结论)。对税法和税收立法体系的比较性质进行了研究。通过对明确确保税收法规的定义进行稳定构建的可能性和后果,对税收术语表进行了描述。对所提出问题的分析是在对《乌克兰政策制定活动法》规范进行评估的基础上确定的。对税收调节方面的法律进行了分类。立法影响系统基于从宪法规范到附则规范的相关规则的一致性。重点放在两个原始宪法结构(《乌克兰宪法》第 67 条和第 92 条)上,这些结构在相关税收法律中得到了进一步的明确。在研究基础上得出的结论和建议表明,明确考虑规范的特定平衡有助于消除税收法规中的差距和冲突。在系统性忽视和违反决策程序的情况下,无法实现税务关系参与者的利益平衡。乌克兰税法》第 4 条就税收立法的稳定性、立法规范通过与生效之间存在一定延 迟期的客观必要性做出了一致规定。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Terminological support for the systematicity of tax regulation as a basis for achieving a balance of interests of participants in tax relations in Ukraine
The relevance of the research topic is backed by the fact that the current tax legislation and other industrylegislation bordering on tax regulation cannot be defined as a systemic, coordinated framework. There arefundamental differences both between certain legislative acts and between certain legislative norms withinone act. The relevance is further forced by the fact that the respective influence on achieving systematic taxlegislation is yet to be taken into account considering the provisions of the Law of Ukraine "On Policy-Making Activities". The purpose of the article is to analyze the terminological aspects that express thecontent of tax regulation, which is carried out in view of the systemic criteria for composition of tax law. Theresearch applies methods of scientific knowledge that specify the problematic nature of the consideration ofissues, namely the systematic method (through which the systematicity of tax law and the systematicity of taxlegislation is investigated), comparative (through which a comparative analysis of the development dynamicsand changes in legislative norms is carried out), prognostic (through which the conclusions regarding theprospects for changing the tax legislation system are made). The comparative nature of the system of both taxlaw and tax legislation is researched. The tax glossary is characterized through the possibilities andconsequences of formulating a stable construction of definitions that expressly ensure tax regulation. Theanalysis of the raised issues is carried out through determining a number of aspects based on the assessmentof the norms of the Law of Ukraine "On Policy-Making Activities". The classification of laws in the context oftax regulation is provided. The system of legislative impact is based on the consistency of the relevant rulesfrom a constitutional norm to a norm of a bylaw . Emphasis is placed on two original constitutionalconstructs (Articles 67, 92 of the Constitution of Ukraine), which are further specified in the relevant taxlegislation. On the basis of the conducted research, conclusions and recommendations were developed that aclear consideration of a particular balance of norms contributes to the elimination of gaps and conflicts intax regulation. Achieving a balance of interests of the participants in tax relations cannot occur in case ofsystematic ignoring and violation of policy-making procedures. Article 4 of the Tax Code of Ukraineestablishes unanimous requirements regarding the stability of tax legislation, the objective necessity of acertain period of delay between the moment of adoption of a legislative norm and its entry into force.
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