在乌克兰税法结构中确定征收地方税程序的规范

K. Nedostup
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It was substantiated that the legally established definition of the concept of “tax (fee, contribution)” has a tautology of essential features of the direction of mandatory payment. It contains the condition that payers receive a special benefit, which does not correspond to reality, is not fully correlated with rent payments and rent (for land). The words that are not synonyms and have different lexical meanings are identified in the defined concept. The logical definitions of the tax-legal terms such as “tax” and “local tax” which reveal the essence of these mandatory payments were formulated. It was proven that there is no property tax in the tax system. The norms of article 265 of the Tax Code of Ukraine are contrary to common sense – one local tax cannot “consist»” of three local taxes that have different legally established mandatory elements. It was emphasized that today, if business entity has the appropriate property (within the meaning given in article 190 of the Civil Code of Ukraine), it may be a payer of real property tax other than land, transport tax, land tax and parking spaces tax. The object of tourist taxation is not legally established. It was proven that it is a temporary accommodation service received by individual who is a taxpayer in the places of residence (overnight stay), the list of which is given in paragraph 268.5.1 of the Tax Code of Ukraine. It was emphasized that the name and the structure of Section XII of the Tax Code of Ukraine are not consistent with the norms of article 10 and article 265 of this Code. This section of the codified legal act includes the norms that establish the procedure for collection of the tourist tax, which is not taxed on property. Conclusions. 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引用次数: 0

摘要

目的。这篇文章的目的是证实关于在乌克兰税法的结构中确立征收地方税程序的法律规范的建议。方法。在内容分析的帮助下,对乌克兰税法文本进行了定量文本处理,随后对结果进行了解释。对法律规范的逻辑处理采用形式法和法律法。在整个有效期内对代码结构进行比较时,采用了比较法;在地方税和收费按课税对象划分时,采用了分组法。结果。经证实,法律确定的“税(费、缴款)”概念的定义具有强制性支付方向的基本特征的同义反复。它包含付款人获得特殊利益的条件,这与现实不符,与租金支付和租金(土地)不完全相关。在定义的概念中识别非同义词且具有不同词汇含义的单词。对“税收”和“地方税”等税收法律术语的逻辑定义进行了阐述,揭示了这些强制性支付的本质。事实证明,税制中没有财产税。乌克兰税法第265条的准则违反常识- -一项地方税不能由具有不同法律规定的强制性要素的三种地方税“组成”。有人强调,今天,如果商业实体拥有适当的财产(在乌克兰民法典第190条所规定的意义范围内),它可能是土地、运输税、土地税和停车位税以外的不动产税的缴纳者。旅游征税对象未依法确立。事实证明,这是纳税人在居住地(过夜)接受的临时住宿服务,其清单载于乌克兰税法第268.5.1段。有人强调,乌克兰税法第十二节的名称和结构与税法第10条和第265条的规范不一致。编纂的法律法案的这一部分包括确立征收旅游税程序的规范,旅游税不针对财产征税。结论。乌克兰税法特别部分的拟议结构,包括税收制度中现有税费的征收程序,完全符合乌克兰税法第8条第8.1款、第9条第9.1款和第10条第10.1款、第10.2款的现行规范。它提供了在乌克兰税收系统引入新的国家和/或地方税收和费用的情况下,对乌克兰税法相关部分进行补充的机会。
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THE NORMS THAT ESTABLISH THE PROCEDURES FOR COLLECTION OF LOCAL TAXES IN THE STRUCTURE OF THE TAX CODE OF UKRAINE
Purpose. The purpose of the article is to substantiate the proposal regarding the placement of legal norms that establish the procedure for collection of local taxes in the structure of the Tax Code of Ukraine. Methods. The quantitative text processing of the text of the Tax Code of Ukraine followed by the interpretation of the results was carried out with the help of content analysis. The formal and legal method was used for the logical processing of legal norms. The comparative method was used when comparing the structure of the code throughout its validity period and the grouping method was used during the division of local taxes and fees depending on the object of taxation. Results. It was substantiated that the legally established definition of the concept of “tax (fee, contribution)” has a tautology of essential features of the direction of mandatory payment. It contains the condition that payers receive a special benefit, which does not correspond to reality, is not fully correlated with rent payments and rent (for land). The words that are not synonyms and have different lexical meanings are identified in the defined concept. The logical definitions of the tax-legal terms such as “tax” and “local tax” which reveal the essence of these mandatory payments were formulated. It was proven that there is no property tax in the tax system. The norms of article 265 of the Tax Code of Ukraine are contrary to common sense – one local tax cannot “consist»” of three local taxes that have different legally established mandatory elements. It was emphasized that today, if business entity has the appropriate property (within the meaning given in article 190 of the Civil Code of Ukraine), it may be a payer of real property tax other than land, transport tax, land tax and parking spaces tax. The object of tourist taxation is not legally established. It was proven that it is a temporary accommodation service received by individual who is a taxpayer in the places of residence (overnight stay), the list of which is given in paragraph 268.5.1 of the Tax Code of Ukraine. It was emphasized that the name and the structure of Section XII of the Tax Code of Ukraine are not consistent with the norms of article 10 and article 265 of this Code. This section of the codified legal act includes the norms that establish the procedure for collection of the tourist tax, which is not taxed on property. Conclusions. The proposed structure of the special part of the Tax Code of Ukraine, which includes the procedures for collection of existing taxes and fees in the tax system, fully complies with the current norms of paragraph 8.1 of article 8, paragraph 9.1 of article 9 and paragraphs 10.1, 10.2 of article 10 of the Tax Code of Ukraine. It provides the opportunity to make additions to the relevant section of the Tax Code of Ukraine in case of the introduction of new national and/or local taxes and fees into the tax system of Ukraine.
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