Sokolov A. Institute of медіації as alternative(extra-judicial) method of decision of tax spores.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U101100

Applicant for

Specialization

  • 081 - Право. Право

21-05-2021

Specialized Academic Board

ДФ 08.893.009

University of Customs and Finance

Essay

Dissertation is one of the first scientific researches, in that complex and system intelligently exactly essence, characteristic features, classification distribution and analysis of the systems of institute of mediatsii as an alternative(extra-judicial) method of decision of tax spores, including with taking into account of modern practice of international experience of pravozastosuvannia, the problem questions related to her are reflected, valuable recommendations are given in relation to their removal. Authorial determination of concept "tax dispute" offers a candidate for a degree taking into account the features of subject list of entries of tax legal relationships in the context of initiator of such dispute, under that it is suggested to examine a public dispute that arises up between a supervisory organ(by a public servant) at realization to them of publicly-imperious administrative functions in the field of the production of taxes and collections, including on implementation of the delegated plenary powers, and by a taxpayer(by a tax agent) that expressed a desire to realize the right to appeal in set. An author points own determination of subject of tax dispute as an individually certain subject of tax legal relationships or participant of other legal relationships that realized the legal personality in part of the use of certain rights and freedoms in the conditions of origin of conflict on questions application of tax law. Thus, not any subject of tax legal relationships is the subject of that or other certain tax dispute. Given out us, a concept "subject of tax legal relationships" is general and primary, and concepts "subject of tax dispute" - certain and secondary. In other words, transformation of subject of tax legal relationships for the subject of tax dispute is related to the process of transformation possible in actual, converting of presence of objective right into the real behavior.

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