MECHANISM OF TAX-PAYER’S LIABILITY IN REALIZATION OF THE BUSINESS GOAL DOCTRINE

Objective: to prove that the mechanism of business goal doctrine realization forms a new type of liability in tax relations. Methods: The methodological basis of the research is dialectics method allowing to reveal the properties of liability institution in its development; comparative and synthetic...

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Main Author: S. P. Bortnikov
Format: Article
Language:English
Published: Tatar Educational Center “Taglimat” Ltd. 2013-06-01
Series:Russian Journal of Economics and Law
Subjects:
Online Access:https://www.rusjel.ru/jour/article/view/1235
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author S. P. Bortnikov
author_facet S. P. Bortnikov
author_sort S. P. Bortnikov
collection DOAJ
description Objective: to prove that the mechanism of business goal doctrine realization forms a new type of liability in tax relations. Methods: The methodological basis of the research is dialectics method allowing to reveal the properties of liability institution in its development; comparative and synthetical methods allowed to analyze the business goal doctrine realization in protective relations. Results: Basing on the carried out analysis we can state that the court practice realizing the business goal doctrine has elaborated the new form of liability in tax relations, not stipulated by the Russian Taxation Code. Scientific novelty: Elaborated and for the first time introduced into science the conceptual theoretical-legal provisions concerning the actual business goal and the appropriateness of using the taxation incentives as a tax-payer’s liability. The mechanism of tax liability determination by private law facts is revealed, when a tax-payer either abuses one’s rights or views a tax incentive as entrepreneur’s income, not relating to its purpose. Practical value: The theoretical provisions formulated in the research can be used in scientific, law-making and law enforcement activity, in educational process of higher professional educational institutions of juridical profile, in qualification improvement of scientific-educational personnel in the sphere of jurisprudence.
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spelling doaj.art-7ffbd8e1691c42ee999c0f59b94f05aa2024-03-20T08:16:45ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232013-06-01022892951233MECHANISM OF TAX-PAYER’S LIABILITY IN REALIZATION OF THE BUSINESS GOAL DOCTRINES. P. Bortnikov0Samara state universityObjective: to prove that the mechanism of business goal doctrine realization forms a new type of liability in tax relations. Methods: The methodological basis of the research is dialectics method allowing to reveal the properties of liability institution in its development; comparative and synthetical methods allowed to analyze the business goal doctrine realization in protective relations. Results: Basing on the carried out analysis we can state that the court practice realizing the business goal doctrine has elaborated the new form of liability in tax relations, not stipulated by the Russian Taxation Code. Scientific novelty: Elaborated and for the first time introduced into science the conceptual theoretical-legal provisions concerning the actual business goal and the appropriateness of using the taxation incentives as a tax-payer’s liability. The mechanism of tax liability determination by private law facts is revealed, when a tax-payer either abuses one’s rights or views a tax incentive as entrepreneur’s income, not relating to its purpose. Practical value: The theoretical provisions formulated in the research can be used in scientific, law-making and law enforcement activity, in educational process of higher professional educational institutions of juridical profile, in qualification improvement of scientific-educational personnel in the sphere of jurisprudence.https://www.rusjel.ru/jour/article/view/1235tax incentiveindependent business goalprohibition of right abuseeconomic activitydoctrine of prohibition of right abuse elaborated by the courtlegal certaintyprotection mechanismcorpus delictitax right itulizationtax liability
spellingShingle S. P. Bortnikov
MECHANISM OF TAX-PAYER’S LIABILITY IN REALIZATION OF THE BUSINESS GOAL DOCTRINE
Russian Journal of Economics and Law
tax incentive
independent business goal
prohibition of right abuse
economic activity
doctrine of prohibition of right abuse elaborated by the court
legal certainty
protection mechanism
corpus delicti
tax right itulization
tax liability
title MECHANISM OF TAX-PAYER’S LIABILITY IN REALIZATION OF THE BUSINESS GOAL DOCTRINE
title_full MECHANISM OF TAX-PAYER’S LIABILITY IN REALIZATION OF THE BUSINESS GOAL DOCTRINE
title_fullStr MECHANISM OF TAX-PAYER’S LIABILITY IN REALIZATION OF THE BUSINESS GOAL DOCTRINE
title_full_unstemmed MECHANISM OF TAX-PAYER’S LIABILITY IN REALIZATION OF THE BUSINESS GOAL DOCTRINE
title_short MECHANISM OF TAX-PAYER’S LIABILITY IN REALIZATION OF THE BUSINESS GOAL DOCTRINE
title_sort mechanism of tax payer s liability in realization of the business goal doctrine
topic tax incentive
independent business goal
prohibition of right abuse
economic activity
doctrine of prohibition of right abuse elaborated by the court
legal certainty
protection mechanism
corpus delicti
tax right itulization
tax liability
url https://www.rusjel.ru/jour/article/view/1235
work_keys_str_mv AT spbortnikov mechanismoftaxpayersliabilityinrealizationofthebusinessgoaldoctrine