Subjects of Tax Relations: Features of Legal Status and Classification

  • Liubov M. KАSIANENKO Department of Financial Law, Educational and Research Institute of Law, University of the State Fiscal Service of Ukraine, Irpin, Ukraine
  • Nataliа I. ATAMANCHUK Department of Financial Law, Educational and Research Institute of Law, University of the State Fiscal Service of Ukraine, Irpin, Ukraine
  • Olena O. BOIKO-SLOBOZHAN Department of Financial Law, Educational and Research Institute of Law, University of the State Fiscal Service of Ukraine, Irpin, Ukraine
  • Olena V. SHAKIROVA Department of Financial Law, Educational and Research Institute of Law, University of the State Fiscal Service of Ukraine, Irpin, Ukraine
  • Sergiy O. DANILOV Department of Financial Law, Educational and Research Institute of Law, University of the State Fiscal Service of Ukraine, Irpin, Ukraine

Abstract

The relevance of the subject matter is conditioned upon the fact that nowadays, both tax law theory and the current tax legislation fail to provide a single, unified definition of the concept of ‘subject of tax relations’. Furthermore, there is no clear criteria for the division of subjects of tax relations into types, which makes it impossible to establish the exact scope of participants in tax relations, and to determine the level of their tax legal personality. The purpose of this paper is to determine the scope of participants in tax relations, to analyze and clarify the legal status of established subjects and determine the functions that they perform in tax legal relations, as well as, on the basis of the results obtained, to construct a detailed classification of subjects of tax relations. The key method of scientific research is the method of scientific modelling, because in this article, on the basis of the analysis of existing scientific positions and provisions of legislation, the authors build their own theoretical model of the subject matter, formulate a conceptual apparatus and offer their practical application. This paper examines the subjects of tax relations, examines their types, outlines the limits of their legal personality in tax relations. The analysis of national legislation and various scientific approaches provides for the classification of subjects of tax relations, the legal status and the role they play in the tax mechanism are determined. The paper develops proposals for practical content to improve the provisions of the Tax Code of Ukraine on subjects of tax relations, provides author's definitions of the concept of ‘subjects of tax relations’. The provisions, conclusions, proposals and recommendations formulated in this paper can be used in: lawmaking – to improve and adopt new regulations, to amend existing legislation, to adapt them to the best European and international models; the law enforcement – to improve tax relations with the participation of public authorities; scientific research – for further study of financial and legal issues of participation of public authorities in budget relations; educational process – when teaching the subjects ‘Financial Law’, ‘Tax Law’, ‘Administrative Law’, ‘Topical Problems of Financial Law of Ukraine’ and related training courses.


 

References

[1] Andersen, E.A., and Lindsnaes, B. 2007. Public goods: concept, definition, and method. In: E.A. Andersen, B. Lindsnaes (Eds.), Towards New Global Strategies: Public Goods and Human Rights, 29-52. Brill Publishers.
[2] Ball, A. 2019. Germany: new VAT compliance obligations for online platforms. EC Tax Review 28(2): 114-119.
[3] Bandurka, O.M., Ponikarov, V.D., and Popova, S.M. 2012. Tax law. Center for Educational Literature.
[4] Beh, G.V., Dmitryk, O.O., and Kobylnik, D.A. 2003. Tax law. Yurinkom Inter.
[5] Bernazuk, Y.A. 2004. Banks as subjects of tax relations. PhD thesis, Financial Research Institute of the National Academy of State Tax Service of Ukraine.
[6] Chaika, V. 2018. Taxpayers rights’ protection as the component of the system of human rights’ protection in Ukraine. Wydawnictwo Adam Marsałek.
[7] Chaika, V.V. 2019. Leqal forms of implementation of foreign tax policy in the context of European inteqration of Ukraine. Journal of Advanced Research in Law and Economics 1(39): 85-103.
[8] Chernadchuk, V.D. 2008. Status and prospects of development of budget relations in Ukraine. Universytets’ka Knyha.
[9] Constitution of Ukraine. 1996. https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80.
[10] Gamito, P. 2019. Morgan stanley judgment: the emergence of transnational VAT pro rata calculations. EC Tax Review 28(3): 150-163.
[11] Gretza, Ya.V., Yarema, V.I., Bisaga, Yu.M., and Sidak, M.V. 2012. Tax law. Znannya.
[12] Kalyuzhnyi, R.A., Timchenko, S.M., Parkhomenko, N.M., and Legusha, S.M. 2007. General theory of state and law. ‘PALIVODA A.V.’ Publishing House.
[13] Kasianenko, L.M., Tsymbalyuk, A.V., Anistratenko, Yu.I., and Blaschuk, N.I. 2013.Tax law of Ukraine. Alerta.
[14] Kucheryavenko, M.P. 1998.Tax law. Consum.
[15] Kucheryavenko, M.P. 2012.Tax law of Ukraine. Pravo.
[16] Kunch, Z.Y. 2007. Universal dictionary of the Ukrainian language. Navchal’na Knyha.
[17] Lamensch, M. 2018. Adoption of the e-commerce VAT package: the road ahead is still a rocky one. EC Tax Review 27(4): 186-195.
[18] Muzyka-Stefanchuk, O.A. 2009. Financial law. Atika.
[19] Orlyuk, O.P. 2003. Financial law. Jurinkom Inter.
[20] Papis-Almansa, M. 2019. The polish clearing house system: a ‘stir’ring example of the use of new technologies in ensuring VAT compliance in Poland and selected legal challenges. EC Tax Review 28(1): 43-56.
[21] Pasichna, I.O. 2015. Status and prospects for the development of tax relations in Ukraine. Polt NTU.
[22] Patsurkivsky, P.S. 1998. Problems of the theory of financial law. CHSU.
[23] Perepelytsya, M.O. 2001. Legal regulation of the status of taxpayers and fees in Ukraine. PhD thesis, Yaroslav Mudryi National Law University.
[24] Pilipenko, A.A. 2009.Tax law. GIUST BSU.
[25] Sulim, V.M. 2004. Subjects of tax jurisdictions and their classification. Entrepreneurship, Economy and Law 2: 29-32.
[26] Tax Code of Kazakhstan. 2008. https://online.zakon.kz/document/?doc_id=30366217.
[27] Tax Code of Ukraine. 2010. http://zakon.rada.gov.ua/laws/show/2755-17#n4633.
[28] Teremetsky, V.I. 2012.Tax legal relations in Ukraine. Disa Plus.
[29] Teremetskyi, V.I., et al. 2020. Assessed taxation in the health care sector in Ukraine and foreign countries: comparative and legal analysis. Wiadomości Lekarskie 2(35): 711-715.
[30] Unified register of court decisions. 2018. http://www.reyestr.court.gov.ua.
[31] Wittock, N. 2018. Sales promotion techniques and VAT'. EC Tax Review 27(3): 127-138.
[32] Yiallourou, K. 2019. The limitations of the VAT gap measurement. EC Tax Review 28(4): 196-210.
[33] Young, H.P. 1994. Equity: in theory and practice. Princeton University Press.
[34] Zagorodnii, A.G. 2011.The financial and economic dictionary. Lviv Polytechnic Publishing House.
[35] Zwick, M.V., Petrishin, O.V., and Avramenko, L.V. 2011. General theory of state and law. Pravo.
Published
2019-12-31
How to Cite
KАSIANENKO, Liubov M. et al. Subjects of Tax Relations: Features of Legal Status and Classification. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 7, p. 2024 – 2031, dec. 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4986>. Date accessed: 18 july 2024. doi: https://doi.org/10.14505/jarle.v10.7(45).11.