SIBERIAN LAW HERALD
ISSN 2071-8136 (print)
ISSN 2071-8144 (online)

List of issues > Siberian Law Herald 2020.

The editors received this article 13.07.2020


Current Issues of Taxation Regulation of State-Funded Institutions of the Penal System

Author(s)
Moshnenko Olesya Valeryevna
Abstract
The article considers the problems of taxation regulation of federal state-funded institutions belonging to the penal system that make it impossible to implement a number of fiscal advantages by the institutions of the penal system, and in some cases, the failure to fulfill tax obligations. Based on the analysis of tax law and budget legislation as well, litigation practice, expert rating, information letters of the Ministry of Finance of the Russian Federation and the Federal Tax Service, conflicting stances on the implementation of a number of statutory tax provisions regulating the procedure of tax obligation fulfillment by state-funded institutions the Penal Service towards federal taxes and taxation updates caused by a wide range of legal disputes are highlighted. The features of taxation of medical correctional institutions of the penal system are considered. Attention is drawn to the difficulties that arise when federal state-funded institutions of the penal system perform the functions of a tax agent for income tax. It is concluded that the implementation of the taxation regulation of the institutions of the penal system requires taking into account the specific features of their legal nature as the subjects of both tax law and budget legislation that implies the need to ensure consistent legal regulation of the performance of tax obligation by these subjects through the harmonization of tax and budget legislation. It is concluded that it is necessary to improve the legal norms governing the taxation of institutions included in the structure of the penal system in view of the type of correctional institution as the current taxation regulation of these institutions many questions and challenges both in the realization of their rights and in the fulfillment of tax obligations. «Transparency» of the legal status of the institutions of the penal system will increase the effectiveness of the mission implementation of the institutions and bodies of the penal system.
Keywords
state-funded institutions, tax, fiscal advantages, the penal system
About the Authors
Moshnenko Olesya Valeryevna - Candidate of Economical Sciences, Senior Lecturer of the Chair of State and Legal Disciplines, Kuzbass Institute of the FPS of Russia (49, Oktyabrsky av., Novokuznetsk, 654018, Russian Federation), e-mail: lapizkaya@mail.ru
For citation
Moshnenko O.V. Aktual'nye voprosy pravovogo regulirovaniya nalogooblozheniya kazennyh ugolovno-ispolnitel'noj sistemy [Current Issues of Taxation Regulation of State-Funded Institutions of the Penal System] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2020, no 4 (91), pp. 25-28. https://doi.org/10.26516/2071-8136.2020.4.25 (in Russian)
UDC
336.22
EDN
VZLLEY
DOI
https://doi.org/10.26516/2071-8136.2020.4.25
References

1. Buzina M.V., Yunusov S.A. Administrativno-pravovoe regulirovanie nalogovoj deyatelnosti organov i uchrezhdenij ugolovno-ispolnitelnej sistemy [Administrative and legal regulation of tax activities of bodies and institutions of the penal system]. Administrativnaya deyatelnost pravoohranitelnyh organov Rossijskoj Federacii i zarubezhnyh stran [Administrative activity of law enforcement agencies of the Russian Federation and foreign countries: Proc. of the Int. Sci. and Pract. Conf. Ed. by L.V. Pavlova]. Ryazan, Akademiya FSIN Rossii Publ., 2019, pp. 83-88. (in Russian)

2. Zaripov R.R., Popova T.V. Osobennosti lgotnogo nalogooblozheniya uchrezhdenij ugolovno-ispolnitelnoj sistemy [Features of preferential taxation of penal institutions]. Vestnik Vladimirskogo yuridicheskogo instituta [Bulletin of the Vladimir Law Institute], 2018, no. 1(46), pp. 34-38. (in Russian)

3. Problemy nalogooblozheniya pribyli v uchrezhdeniyah UIS Rossii: sudebnaya praktika [Problems of profit taxation in institutions of the penal correction system of Russia: judicial practice: practical recommendations]. Ryazan, Akademiya FSIN Rossii, 2014, 43 p. (in Russian)

4. Stepanov A.G. Osobennosti nalogovyh otnoshenij Federalnyh kazennyh uchrezhdenij silovyh struktur [Features of tax relations of Federal state institutions and law enforcement agencies]. Institucionalnye osnovy operezhayushchego razvitiya: materialy mezhdunarodnoj nauchno- prakticheskoj konferencii (18 marta 2019g.). [Institutional foundations of advanced development: Proc. of the Int. Sci. and Pract. Conf. March 18, 2019. Ed. L.G. Batrakova]. Yaroslavl, 2019, pp. 78-83. (in Russian)

5. Trifonova YU.S. Specifika uchastiya uchrezhdenij UIS v predprinimatelskoj deyatelnosti [Specifics of participation of MIS institutions in entrepreneurial activities]. Yuridicheskaya nauka i praktika: Almanah nauchnyh trudov Samarskogo yuridicheskogo instituta FSIN Rossii [Legal science and practice: almanac of scientific works of the Samara law Institute of the Federal Penitentiary Service of Russia], 2017, iss. 5, part 2, pp. 17-21. (in Russian)


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