International treaty as a source of financial law in Ukraine

Double taxation agreement is one of the most widespread type of international treaty regulating financial relations. The efficiency of its application as a source of financial law depends on the features of the legal basis for implementation of its provisions into domestic legal orders of contractin...

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Main Authors: Yuriy Onischyk, Olena Maidannyk, Yaroslav Zhuravel, Pavlo Selezen
Format: Article
Language:English
Published: Bucharest University of Economic Studies 2020-12-01
Series:Juridical Tribune
Subjects:
Online Access:http://www.tribunajuridica.eu/arhiva/An10v3/4.%20Onischyk%20et%20al.pdf
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author Yuriy Onischyk
Olena Maidannyk
Yaroslav Zhuravel
Pavlo Selezen
author_facet Yuriy Onischyk
Olena Maidannyk
Yaroslav Zhuravel
Pavlo Selezen
author_sort Yuriy Onischyk
collection DOAJ
description Double taxation agreement is one of the most widespread type of international treaty regulating financial relations. The efficiency of its application as a source of financial law depends on the features of the legal basis for implementation of its provisions into domestic legal orders of contracting states. Based on the practice of Ukraine, there is an attempt to describe key challenges in application of provisions of international treaties in the context of the requirements of the Tax Code of Ukraine based on the application of comparative method: 1) the legal status of double taxation treaties of Ukraine that are still in effect based on the fact of legal succession of Ukraine; 2) the legal status of protocols to international treaties concluded between competent authorities of contracting states; 3) the legal status of mutual agreements concluded on the basis of the provisions of double taxation treaties.
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spelling doaj.art-0a9d4f1be5cb4ffab9f64532df6a1ce32024-04-08T07:43:04ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822020-12-01103419426International treaty as a source of financial law in UkraineYuriy Onischyk 0Olena Maidannyk1Yaroslav Zhuravel2Pavlo Selezen3Academy of Labour, Social Relations and Tourism, UkraineAcademy of Labour, Social Relations and Tourism, UkraineAcademy of Labour, Social Relations and Tourism, UkraineUniversity of State Fiscal Service of Ukraine, UkraineDouble taxation agreement is one of the most widespread type of international treaty regulating financial relations. The efficiency of its application as a source of financial law depends on the features of the legal basis for implementation of its provisions into domestic legal orders of contracting states. Based on the practice of Ukraine, there is an attempt to describe key challenges in application of provisions of international treaties in the context of the requirements of the Tax Code of Ukraine based on the application of comparative method: 1) the legal status of double taxation treaties of Ukraine that are still in effect based on the fact of legal succession of Ukraine; 2) the legal status of protocols to international treaties concluded between competent authorities of contracting states; 3) the legal status of mutual agreements concluded on the basis of the provisions of double taxation treaties.http://www.tribunajuridica.eu/arhiva/An10v3/4.%20Onischyk%20et%20al.pdffinancial lawtax legislationinterpretationinternational treatiesdomestic implementation
spellingShingle Yuriy Onischyk
Olena Maidannyk
Yaroslav Zhuravel
Pavlo Selezen
International treaty as a source of financial law in Ukraine
Juridical Tribune
financial law
tax legislation
interpretation
international treaties
domestic implementation
title International treaty as a source of financial law in Ukraine
title_full International treaty as a source of financial law in Ukraine
title_fullStr International treaty as a source of financial law in Ukraine
title_full_unstemmed International treaty as a source of financial law in Ukraine
title_short International treaty as a source of financial law in Ukraine
title_sort international treaty as a source of financial law in ukraine
topic financial law
tax legislation
interpretation
international treaties
domestic implementation
url http://www.tribunajuridica.eu/arhiva/An10v3/4.%20Onischyk%20et%20al.pdf
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AT yaroslavzhuravel internationaltreatyasasourceoffinanciallawinukraine
AT pavloselezen internationaltreatyasasourceoffinanciallawinukraine