The specifics of evidence in the tax process
https://doi.org/10.24147/2542-1514.2019.3(4).63-74
Abstract
The subject of the article is peculiarities of evidence in the tax process.
The main purpose of the article is to identify the existence or absence of specifics of evidence in the tax process.
The description of the problem field. Each stage of the tax process is accompanied by tax authorities issuing tax legal acts; it requires them to obtain the necessary evidence. At the same time, theorists of tax procedural relations seek to circumvent the issue of the nature of tax procedural evidence. Some researchers believe that the theory of evidence, which formed the interdisciplinary institute of evidence, can eliminate the need for a theoretical definition of the tax evidence, but this is difficult to agree with, since tax evidence has specific features that determines the need of its independent research.
The description of methodology. The author uses analysis, synthesis, comparison, interpretation of legal acts, economic approach as well as the dialectic and formal-legal methods.
The main results and scope of their application. Evidence in the tax process is information about facts that are relevant to the adoption of a certain decision by the authorized subject of the tax process. Evidence must be obtained from acceptable and reliable sources and investigated in compliance with the procedure established by law. It seems possible to set the list of evidence in the tax process legislation as follows: an oral explanation of the subject of the tax process or his representative; witness testimony; conclusion and testimony of an expert or specialist; written evidence, a protocol of a procedural action; material evidence; photo, video or audio materials. The evaluation of evidence by an authorized entity includes its consideration for relevance, admissibility, sufficiency and reliability. Only if the evidence meets the above criteria it will have probative value in a specific procedural situation.
Conclusions. The purpose of the proof sets the maximum importance and its systemic significance for the entire tax process, since evidence-based knowledge traditionally appears to be the main supporting structure of the law enforcement process, in particular, evidence create the basis for its motives and conclusions. Accurate and objective establishment of factual circumstances of tax case is impossible without proper evidence. The main properties of evidence are relevance, admissibility, sufficiency and reliability.
Keywords: evidence, tax process, tax procedural proof, tax authorities, means of proof, properties of evidence, individual tax legal acts, evidentiary information.
About the Author
Irina V. Glazunova
Dostoevsky Omsk State University, Omsk
Russian Federation
Russian Federation
PhD in Law, Associate Professor; Associate Professor, Department of State and Municipal Law
RSCI SPIN-code: 9844-8842, AuthorID: 297941
References
1. Gorshenev V.M. (ed.). Theory of the legal process, Monograph. Kharkiv, Vishcha shkola Publ., Kharkiv University Publ., 1985. 192 p. (In Russ.).
2. Lazareva N.P., Usova S.E. Tax Process, Tutorial. Khabarovsk, Pacific National University Publ., 2015. 117 p. (In Russ.).
3. Krasyukov А.V. The influence of judicial practice on the process of evidence in tax enforcement. Nalogi = Taxes, 2014, no. 3, pp. 35–38. (In Russ.).
4. Slesarev S.А. Tax Proof, Cand. Diss. Omsk, 2009. 270 p. (In Russ.).
5. Eriashvili N.D. (ed.). Tax Process, Tutorial. Moscow, YuNITI-DANA Publ., 2012. 375 p. (In Russ.).
6. Glazunova I.V. The tax process as a form of law enforcement. Vestnik Omskogo universiteta. Seriya “Pravo” = Herald of Omsk University. Series “Law”, 2011, no. 2, pp. 51–58. (In Russ.).
7. Vinnitskii D.V. Problems of legal regulation of procedural and procedural relations in Russian tax law, in: Sovremennye problemy vzaimodeistviya protsessual'nogo i material'nogo prava Rossii: teoriya i praktika, materials of the all-Russian scientific-practical conference (April 17-18, 2003), Pt. 1. Yekaterinburg, Ural State Law Academy Publ., 2004, pp. 92–100. (In Russ.).
8. Dementev I.V. Evidence in the tax process. Zhurnal rossiiskogo prava = Journal of Russian Law, 2011, no. 1, pp. 82–88. (In Russ.).
9. Gudimov V.I. Tax control: legal process characterization, Cand. Diss. Moscow, 2006. 268 p. (In Russ.).
10. Kozyrin А.N. Tax Process, Tutorial. Moscow, Center of political and psychological research Publ., 2007. 154 p. (In Russ.).
11. Glazunova I.V. The tax process: problems of formation and development. Vestnik Omskogo universiteta. Seriya “Pravo” = Herald of Omsk University. Series “Law”, 2007, no. 3, pp. 107–111. (In Russ.).
12. Treushnikov M.K. Judicial Evidence, Monograph. Moscow, Gorodets Publ., 2005. 288 p. (In Russ.).
13. Vyshinskii А.Ya. Judicial Evidence Theory in Soviet Law, Monograph. Moscow, Gosyurizdat Publ., 1941. 308 p. (In Russ.).
14. Novitskii V.А. The Theory of Russian Procedural Evidence and Enforcement, Monograph. Stavropol, Stavropol State University Publ., 2002. 584 p. (In Russ.).
15. Kokorev L.D. Criminal Procedure: Evidence and Proof, Monograph. Voronezh, Voronezh University Publ., 1995. 272 p. (In Russ.).
16. Belkin R.S. Gathering, researching and evaluating evidence. Essence and Methods, Monograph. Moscow, Nauka Publ., 1966. 295 p. (In Russ.).
17. Musin V.A., Chechina N.A., Chechot D.M. (eds.). Civil process, Textbook for universities. Moscow, 1996. 480 p. (In Russ.).
18. Molchanov V.V. Gathering Evidence in a Civil Procedure, Monograph. Moscow, Moscow State University Publ., 1991. 96 p. (In Russ.).
19. Kurylev S.V. The foundations of the theory of evidence in Soviet justice, Monograph. Minsk, Belarusian State University Publ., 1969. 204 p. (In Russ.).
20. Chechot D.M., Puchinskii V.K. English civil procedure. (Basic concepts, principles and institutions), Monograph. Moscow, Peoples' Friendship University Publ., 1974. 186 p. (In Russ.).
21. Reshetnikova I.V. Evidential Law of England and the USA, Monograph. Moscow, Gorodets Publ., 1999. 284 p. (In Russ.).
22. Gureev P.P. On the concept of judicial evidence in the Soviet civil process. Sovetskoe gosudarstvo i pravo, 1966, no. 8, pp. 55–66. (In Russ.).
23. Prokopenko А.А. The assessment of the reliability of evidence by the court at the stage of the appointment of the hearing. Obshchestvo i pravo = Society and Law, 2008, no. 1, pp. 205–208. (In Russ.).
24. Sasov K.А. On the admissibility of evidence of tax offenses. Nalogoved, 2007, no. 11, pp. 5–17. (In Russ.).
25. Kipnis N.M. The admissibility of evidence in criminal proceedings, Monograph, ed. by P.А. Lupinskaya. Moscow, Yurist Publ., 1995. 128 p. (In Russ.).
26. Kalpin А.G. Written evidence in judicial practice in civil cases, Cand. Diss. Thesis. Moscow, 1966. 20 p. (In Russ.).
27. Reznichenko I.M. Establishing the veracity and strength of evidence in civil cases, in: Uchenye zapiski Dal'nevostochnogo gosudarstvennogo universiteta, Vol. 32. Vladivostok, Far Eastern University Publ., 1969, pp. 98–117. (In Russ.).
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Glazunova I.V. The specifics of evidence in the tax process. Law Enforcement Review. 2019;3(4):63-74. https://doi.org/10.24147/2542-1514.2019.3(4).63-74
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