Collecting Reliable and Admissible Evidence in Tax Process by Engaging Specialist

封面
  • 作者: Orlova N.1,2
  • 隶属关系:
    1. Interdistrict Inspectorate of the Federal Tax Service of the Russian Federation No. 17 for the Moscow Region
    2. Financial University under the Government of the Russian Federation (Financial university)
  • 期: 卷 16, 编号 5 (2023)
  • 页面: 310-316
  • 栏目: Public Law (State Law) Sciences
  • URL: https://journals.rcsi.science/2072-3164/article/view/250062
  • ID: 250062

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详细

The purpose of the study. The research paper examines the problems associated with the involvement of a specialist to assist in carrying out tax control measures and obtaining acceptable and reliable evidence. A specialist who is not interested in the outcome of the case has the necessary knowledge and skills, as well as practical experience, the use of which contributes to the identification and consolidation of appropriate evidence. Despite the high evidentiary capacity, the sources of information obtained with the participation of a specialist are excluded from the list of acceptable and reliable, which leads to the cancellation of the decision of the tax authority. Conclusions. As a result of the conducted research, objective reasons were identified for recognizing the evidence obtained during the involvement of a specialist as improper, violating the rights and interests of taxpayers. The proposed qualification requirements to be presented to a specialist, as well as the developed and justified limits of his involvement, contribute to increasing the legitimacy of the evidence obtained and prevents the unjustified use of a specialist for conducting an examination.

作者简介

Natalia Orlova

Interdistrict Inspectorate of the Federal Tax Service of the Russian Federation No. 17 for the Moscow Region; Financial University under the Government of the Russian Federation (Financial university)

编辑信件的主要联系方式.
Email: natali__orlova@mail.ru

Advisor to the State Civil Service of the Russian Federation, Grade 2, Deputy Head, Postgraduate Student of the Department of International and Public Law of the Faculty of Law

俄罗斯联邦, Lyubertsy; Moscow

参考

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  2. Glazunova I.V. Specificity of evidence in the tax process // Law enforcement. 2019. Vol. 3, No. 4. pp. 63-74.
  3. Kozyrin A.N., Semencha O.Yu. Conducting expertise and attracting a specialist on the Tax Code of the Russian Federation // Arbitration justice in Russia. 2007. No.8.
  4. Nakhov E.A. Evidentiary law in civil and arbitration proceedings: general part / E.A. Nakhova. - St. Petersburg: VVM. 2012.
  5. Orlov Yu.K. Expert opinion and its assessment in criminal cases / Yu.K. Orlov. – M.: Lawyer, 1995. 64 p.
  6. Savostyanova S.A. Some problems of protecting the rights and legitimate interests of taxpayers in the implementation of tax control // Problems of economics and legal practice. 2020 t . 16. No. 3. pp. 182-186.
  7. Sultanov A.R. "On some evidence in tax disputes" // Lawyer", 2016, N 12.УДК.
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