法律原则:税法的特点

Ольга Лобач
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引用次数: 0

摘要

法律原则是人类思想界长期研究的法律基本概念之一。法律原则作为一项基本原则,在世界各国的法律体系中都有其立法表现,研究人员对法律原则进行了不同方向的研究。法律及其原则的目标是为社会服务。财政学和税法学考虑到在当今社会,税收是满足社会公共需求的最重要的财政来源之一,致力于澄清这一概念,试图找出原则的作用及其对发展公平、高效、最优的税收制度的影响。法律原则可根据许多一般标准和部门标准进行分类。一般原则是正义、平等、自由、人道主义等,这些原则必须确定部门原则的性质,即财政充足、社会正义(偿付能力)等。税收原则分类的目的是为了遵守纳税人的权利,在纳税人的利益与国家的利益之间建立平衡,这些纳税人是征税的对象,也是他们纳税的对象。国家关于税收的制定和征收的立法活动应考虑到法律原则。解决对法律原则(包括税收领域的原则)在思想上和方法上的理解问题,既是立法的任务,也是税务机关、纳税人和法院在实践中实际应用这些原则的任务。本文解决了所有这些问题。文章收到17.05.2018
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Principles of Law: Features in the Law of Taxation
The principles of law belong to one of the fundamental concepts of law which has been studied by human thought for a long time. As fundamental principles, the principles of law find their legislative presentation in the world legal systems, and researchers investigate the principles of law in various directions. The goal of law and its principles is to serve society. The financial science and the tax law science turn to the clarification of this concept trying to find out the role of principles and their impact on the development of a fair, efficient, optimal tax system, taking into account that in today’s society the taxing is one of the most significant financial sources to meet the public needs of society. The principles of law are classifiable according to numerous general and sectoral criteria. The general principles are justice, equality, freedom, humanism, etc., which must determine the nature of sectoral principles, i.e. fiscal sufficiency, social justice (solvency), and others. Classification of tax principles is intended to contribute to compliance with the rights of taxpayers, to create a balance of taxpayers’ interests with the interests of the state, in which these taxpayers have the object of taxation and to which they pay taxes. The legislative activity of the state regarding the establishment and collection of taxes should take into account the principles of law. Solving problematic issues of ideological and methodological understanding of the principles of law, including the principles of the taxation sphere, is the task for both lawmaking and for the practical application of these principles in the practice of tax authorities, taxpayers, and courts. This article addresses all these problems. Article received 17.05.2018
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