Рlace of tax planning in tax law

The article is dedicated to finding out the place of tax planning  in the tax law. The article is based on the idea of paradoxical tax planning as a legal phenomenon. Great attention is paid to the problem of the lack of strict legitimation of the legal definition, legal nature and its place in the...

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Библиографические подробности
Главный автор: Марія Олександрівна Бондаренко
Формат: Статья
Язык:English
Опубликовано: Yaroslav Mudryi National Law University 2017-06-01
Серии:Теорія і практика правознавства
Предметы:
Online-ссылка:http://tlaw.nlu.edu.ua/article/view/101322
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author Марія Олександрівна Бондаренко
author_facet Марія Олександрівна Бондаренко
author_sort Марія Олександрівна Бондаренко
collection DOAJ
description The article is dedicated to finding out the place of tax planning  in the tax law. The article is based on the idea of paradoxical tax planning as a legal phenomenon. Great attention is paid to the problem of the lack of strict legitimation of the legal definition, legal nature and its place in the tax law system. It is mentioned that such situation leads to its development both in science and in law. The author notes that it is necessary to determine the type of legal phenomena to understand the legal nature of tax planning to which it belongs. The author analyzes different approaches of the topic. By scientific deepening to the study of the history and legal nature of the term "category". Analyzed not only legal, but also linguistic definition of the term. Based on the analysis, it is concluded that ot is impossibleto to define the term “tax planning”  as a legal category. By taking into account the specificity and peculiarities of tax planning, the author describes it as "legal formation". A particular place of research is given to  the finding out the place of tax planning in the tax law system. According to the analysis of scientist’s point of views about  the concept and components of a legal institute it is concluded that to the tax law is defined as a legal institution, but with some reservations because of its specificity.
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spelling doaj.art-f9baa63a17d14cf29faee6a5ec7f5c902022-12-21T23:38:59ZengYaroslav Mudryi National Law UniversityТеорія і практика правознавства2225-65552017-06-0111110.21564/2225-6555.2017.11.101322101322Рlace of tax planning in tax lawМарія Олександрівна Бондаренко0Yaroslav Mudryi National Law Universuty, Ukraine, KharkivThe article is dedicated to finding out the place of tax planning  in the tax law. The article is based on the idea of paradoxical tax planning as a legal phenomenon. Great attention is paid to the problem of the lack of strict legitimation of the legal definition, legal nature and its place in the tax law system. It is mentioned that such situation leads to its development both in science and in law. The author notes that it is necessary to determine the type of legal phenomena to understand the legal nature of tax planning to which it belongs. The author analyzes different approaches of the topic. By scientific deepening to the study of the history and legal nature of the term "category". Analyzed not only legal, but also linguistic definition of the term. Based on the analysis, it is concluded that ot is impossibleto to define the term “tax planning”  as a legal category. By taking into account the specificity and peculiarities of tax planning, the author describes it as "legal formation". A particular place of research is given to  the finding out the place of tax planning in the tax law system. According to the analysis of scientist’s point of views about  the concept and components of a legal institute it is concluded that to the tax law is defined as a legal institution, but with some reservations because of its specificity.http://tlaw.nlu.edu.ua/article/view/101322tax planninglegal categorylegal systemlegal establishmenttax law institute
spellingShingle Марія Олександрівна Бондаренко
Рlace of tax planning in tax law
Теорія і практика правознавства
tax planning
legal category
legal system
legal establishment
tax law institute
title Рlace of tax planning in tax law
title_full Рlace of tax planning in tax law
title_fullStr Рlace of tax planning in tax law
title_full_unstemmed Рlace of tax planning in tax law
title_short Рlace of tax planning in tax law
title_sort рlace of tax planning in tax law
topic tax planning
legal category
legal system
legal establishment
tax law institute
url http://tlaw.nlu.edu.ua/article/view/101322
work_keys_str_mv AT maríâoleksandrívnabondarenko rlaceoftaxplanningintaxlaw