Penya on the borderline of private and public regulation: the tax aspect of external economic activity

Abstract

The application of sanctions is a certain summary of the perception that a person has committed an offense. But before the direct application of sanctions, it is necessary to form a vision regarding the type of responsibility. That is, the construction of financial responsibility can be used, but as a certain generic model that unites institutional or sub-sectoral varieties of responsibility. At the same time, characterizing the tax liability consistently in the assessment of its nature and consequences, distinguish not one of the stages of the tax liability (payment of taxes and fees), but the whole construction of the tax liability (accounting-payment-reporting). A systematic view of the construction of tax liability involves both an assessment of the behavior of obligated persons (payers of taxes and fees, etc.) and subjects of authority. The complexity of social relations, which express the peculiarities of foreign economic activity, determines the clear demarcation of these relations into certain sectors, the basis of whose regulation are precisely the branch characteristics of the subject and the method of the corresponding grouping of legal norms. It is necessary to distinguish between sanctions that are applied as a result of financial responsibility and sanctions that have a monetary nature but are regulated by other branches. Fines and interest are tools that are used in both private and public law. This involves, depending on the purpose, the subject of regulation and the application of not just public-law or private-law methods, but the tools of the relevant industry or sub-industry (economic law, customs law, money circulation, tax law). In this sense, we would like to distinguish between the occurrence of adverse consequences for payers and the application of sanctions to them. The use of a penalty refers to the regimes of adverse consequences. But, it is unlikely that there is a reason to equate penalties and sanctions (fines). The basis for applying a sanction (fine) is illegal behavior, commission of an offense. The basis for the application of a penalty is the untimely or incomplete fulfillment of the tax obligation. The determination of the penalty in the analysis of such issues must be connected with the relevant powers of the supervisory body. That is, forming the competence of the subject of power, the controlling body, the state delegates to it not only the right to implement certain measures, but also the imperative duty to implement such a right.