{"title":"对国家税收安全的威胁:法律维度","authors":"K. Maslov","doi":"10.17072/1995-4190-2022-56-187-207","DOIUrl":null,"url":null,"abstract":"Ма с ло в К. В. 188 THREATS TO NATIONAL TAX SECURITY: LEGAL DIMENSION K. V. Maslov Dostoevsky Omsk State University E-mail: mas_law@mail.ru Rece iv e d 1 Fe b 2 0 2 2 Introduction: the article is devoted to the identification of essential signs of threats to na- tional tax security, significant for lawmaking and law enforcement. The study of the content and types of such threats makes it possible to determine the forms and methods of legal support for the tax security of the state, to minimize the likelihood of harmful properties of the legal norms themselves. Purpose: to identify the essence of threats to national tax security and classify them in the context of their legal regulation. Methods: system analysis of the provisions of the phi- losophy of security, taxation theory; analysis of Russian and foreign doctrinal sources in the field of legal theory and branch legal sciences; theoretical methods of formal and dialectical logic, deduction and induction; the legal-dogmatic method and the method of interpretation of legal norms. Results: threats to national tax security essentially represent a set of events or acts that can prevent the collection of the planned amount of tax revenue calculated so that there could be ensured full funding necessary for the performance of their functions and tasks by the state and municipalities both in the current period and for a long-term development. The paper provides a classification of threats which was developed based on criteria such as the degree of their being targeted against tax collection, the source and territory of occurrence, the subject, the period of action, the participation of a person, the object, the relationship with law. Conclu- sions: threats to national tax security are not limited to the most harmful violations of tax legis- lation but also comprise deeper determinants that make illegal behavior accessible and profita- ble for private and public participants in tax relations. Through defining the nature and identi- fying the types of threats to national tax security, it is possible to adequately minimize their im- pact by appropriate legal regulation","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":null,"pages":null},"PeriodicalIF":0.3000,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"THREATS TO NATIONAL TAX SECURITY: LEGAL DIMENSION\",\"authors\":\"K. Maslov\",\"doi\":\"10.17072/1995-4190-2022-56-187-207\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Ма с ло в К. В. 188 THREATS TO NATIONAL TAX SECURITY: LEGAL DIMENSION K. V. Maslov Dostoevsky Omsk State University E-mail: mas_law@mail.ru Rece iv e d 1 Fe b 2 0 2 2 Introduction: the article is devoted to the identification of essential signs of threats to na- tional tax security, significant for lawmaking and law enforcement. The study of the content and types of such threats makes it possible to determine the forms and methods of legal support for the tax security of the state, to minimize the likelihood of harmful properties of the legal norms themselves. Purpose: to identify the essence of threats to national tax security and classify them in the context of their legal regulation. Methods: system analysis of the provisions of the phi- losophy of security, taxation theory; analysis of Russian and foreign doctrinal sources in the field of legal theory and branch legal sciences; theoretical methods of formal and dialectical logic, deduction and induction; the legal-dogmatic method and the method of interpretation of legal norms. Results: threats to national tax security essentially represent a set of events or acts that can prevent the collection of the planned amount of tax revenue calculated so that there could be ensured full funding necessary for the performance of their functions and tasks by the state and municipalities both in the current period and for a long-term development. The paper provides a classification of threats which was developed based on criteria such as the degree of their being targeted against tax collection, the source and territory of occurrence, the subject, the period of action, the participation of a person, the object, the relationship with law. Conclu- sions: threats to national tax security are not limited to the most harmful violations of tax legis- lation but also comprise deeper determinants that make illegal behavior accessible and profita- ble for private and public participants in tax relations. 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引用次数: 0
摘要
Ма * ло * К。В。188对国家税收安全的威胁:法律层面K. V.马斯洛夫·陀思妥耶夫斯基鄂木斯克国立大学e -mail: mas_law@mail.ru Rece ive d 1 Fe b 2 2引言:本文致力于识别对国家税收安全威胁的基本迹象,对立法和执法具有重要意义。通过对这些威胁的内容和类型的研究,可以确定法律支持国家税收安全的形式和方法,最大限度地减少法律规范本身有害属性的可能性。目的:识别国家税收安全威胁的本质,并在法律规制的背景下对其进行分类。方法:系统分析规定的安全哲学、税收理论;分析俄罗斯和外国在法学理论和法学分支领域的理论来源;形式逻辑与辩证逻辑、演绎与归纳的理论方法;法律教条主义方法与法律规范解释方法。结果:对国家税收安全的威胁基本上代表了一系列事件或行为,这些事件或行为可以阻止征收计划的税收收入,从而确保国家和市政当局在当前时期和长期发展中履行其职能和任务所需的全部资金。本文根据威胁对税收征收的影响程度、发生的来源和领域、主体、诉讼期间、人的参与、客体、与法律的关系等标准对威胁进行了分类。结论:对国家税收安全的威胁不仅限于对税收立法的最有害的违反,而且还包括更深层次的决定因素,这些决定因素使税收关系中的私人和公共参与者可以进行非法行为并从中获利。通过界定对国家税收安全的威胁的性质和类型,可以通过适当的法律规制来充分减少其影响
Ма с ло в К. В. 188 THREATS TO NATIONAL TAX SECURITY: LEGAL DIMENSION K. V. Maslov Dostoevsky Omsk State University E-mail: mas_law@mail.ru Rece iv e d 1 Fe b 2 0 2 2 Introduction: the article is devoted to the identification of essential signs of threats to na- tional tax security, significant for lawmaking and law enforcement. The study of the content and types of such threats makes it possible to determine the forms and methods of legal support for the tax security of the state, to minimize the likelihood of harmful properties of the legal norms themselves. Purpose: to identify the essence of threats to national tax security and classify them in the context of their legal regulation. Methods: system analysis of the provisions of the phi- losophy of security, taxation theory; analysis of Russian and foreign doctrinal sources in the field of legal theory and branch legal sciences; theoretical methods of formal and dialectical logic, deduction and induction; the legal-dogmatic method and the method of interpretation of legal norms. Results: threats to national tax security essentially represent a set of events or acts that can prevent the collection of the planned amount of tax revenue calculated so that there could be ensured full funding necessary for the performance of their functions and tasks by the state and municipalities both in the current period and for a long-term development. The paper provides a classification of threats which was developed based on criteria such as the degree of their being targeted against tax collection, the source and territory of occurrence, the subject, the period of action, the participation of a person, the object, the relationship with law. Conclu- sions: threats to national tax security are not limited to the most harmful violations of tax legis- lation but also comprise deeper determinants that make illegal behavior accessible and profita- ble for private and public participants in tax relations. Through defining the nature and identi- fying the types of threats to national tax security, it is possible to adequately minimize their im- pact by appropriate legal regulation