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Realization of private and public interest in taxation during public financial activity in Ukraine

Author

Listed:
  • Mariia Karmalita

    (Associate Professor at University of the State Fiscal Service of Ukraine, Ukraine)

  • Anna Nechai

    (Head of the law department of the International Science and Technology University named by Academic Yurij Bugai, Kyiv, Ukraine)

  • Tetiana Sholkova

    (Department of Financial Law, Educational and Scientific Institute of Law, University of State Fiscal Service of Ukraine, Irpin, Ukraine, lawyer)

  • Kostiantyn Hubskyi

    (Department of Financial Law, Educational and Scientific Institute of Law, University of State Fiscal Service of Ukraine, Irpin, Ukraine)

Abstract

This article analyzes the legal basis for the realization of private and public interest in taxation, ways to establish a balance between private and public interests as a basis for a “tax security†of the state. It is stated that: 1) the peculiarity of Ukrainian legislation is the insufficient balance of private and public interests in taxation; 2) the balance of private and public interests in taxation should be implemented at the level of law; 3) the state has not yet established a climate of trust between the state and taxpayers due to imperfect tax legislation, frequent changes in tax rules, low level of professional training of tax officials, low level of service for taxpayers by the tax authorities and lack of transparency in using the public monetary funds by government bodies. The current correlation and the ratio of private and public interest in in the legal literature and in tax legislation is analyzed, recommendations for its improvement are offered. The foreign approaches to the balancing of the private and public interest in the tax legislation has been reviewed. The concept of "tax security of the state" is formulated, the basic requirements to its maintenance are defined, namely: 1) existence of clear transparent procedures of realization of norms of tax laws; 2) existence of a highly professional tax service; 3) existence of established appropriate level of tax culture of the population which allows to increase revenues through voluntary payment of taxes.

Suggested Citation

  • Mariia Karmalita & Anna Nechai & Tetiana Sholkova & Kostiantyn Hubskyi, 2020. "Realization of private and public interest in taxation during public financial activity in Ukraine," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 10(3), pages 442-454, December.
  • Handle: RePEc:asr:journl:v:10:y:2020:i:3:p:442-454
    as

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    File URL: http://www.tribunajuridica.eu/arhiva/An10v3/6.%20Karmalita,%20Nechai,%20Sholkova.,%20Hubsky.pdf
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    References listed on IDEAS

    as
    1. Alm, James & McClelland, Gary H. & Schulze, William D., 1992. "Why do people pay taxes?," Journal of Public Economics, Elsevier, vol. 48(1), pages 21-38, June.
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    More about this item

    Keywords

    public financial activity; private and public interest in taxation; tax policy; tax security; public finance; public monetary funds; public needs of population.;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K34 - Law and Economics - - Other Substantive Areas of Law - - - Tax Law

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