Country-by-country reporting: ensuring confidentiality and protection of information of multinational groups of companies

2021 ◽  
Vol 2021 (8) ◽  
pp. 113-124
Author(s):  
Iryna KRYSHTOPA ◽  
◽  
Larysa NIKOLENKO ◽  
Keyword(s):  
Tax Evasion ◽  
Action Plan ◽  
International Agreements ◽  
Regulatory Requirements ◽  
Profit Shifting ◽  
Scientific Methods ◽  
National Legislation ◽  
Domestic Legislation ◽  
General Scientific ◽  
The Subject

Introduction. Confidentiality and protection of information contained in Country-by-Country Reports is one of the most important aspects of implementation of provisions of Action 13 of the Base erosion and Profit Shifting Action Plan (BEPS Action Plan) into national legislation of countries around the world. Problem statement. Considering Ukraine`s commitments to Organization for Economic Cooperation and Development (ОЕСD) in frames of combating against tax evasion by multinational groups of companies, a particular relevance receives the study of model legislation on confidentiality and protection of information, which is the subject of voluntary automatic exchange between countries, and approaches to its implementation into national legislation. Purpose. Complementary analysis of institutional basis for ensuring confidentiality and protection of information that is the subject of exchange between OECD member countries in frames of the BEPS Action Plan. Materials and methods. The research is based on a combination of general scientific methods, methods of comparison and empirical approach. Results. The need for harmonization of domestic legislation with OECD regulatory requirements that regulate confidentiality of information on taxpayers (including information exchanged in accordance with international agreements) has been substantiated. Conclusions. Based on the results of the conducted research it has been proved that there is the need for further improvement of institutional provision of protection and confidentiality of tax information, including information exchanged in accordance with international agreements.

scholarly journals International experience and common errors in protecting of confidentiality, protection and use of CbC reporting information

2021 ◽  
Vol 2021 (2) ◽  
pp. 146-159
Author(s):  
Nataliia CHUKHRAIEVA ◽  
Keyword(s):  
Best Practices ◽  
Action Plan ◽  
International Experience ◽  
Scientific Methods ◽  
Administrative Policy ◽  
Working Together ◽  
General Scientific ◽  
The Subject ◽  
Common Problems ◽  
Confidentiality Protection

Within the OECD, where governments are working together to address important issues of globalization, efforts are also being made to help OECD member countries respond more quickly to new challenges, one of which is to ensure the confidentiality and proper use of information. The OECD provides governments with the opportunity to share experiences in implementing administrative policy, to seek answers to common problems, to identify best practices and to coordinate activities in the context of these issues. The study of issues related to ensuring confidentiality, protection and use of reporting information between countries (Country-by-country, hereinafter - CbC) in the article is considered from the standpoint of international experience, in the context of this issue. For Ukraine as a post-Soviet country, the study of relevant experience is presented by such countries as Georgia, Kazakhstan and Russia. The analysis of international experience in ensuring confidentiality and the appropriate level of protection of information that is the subject of exchange between OECD member countries as part of the implementation of the BEPS Action Plan. The research is based on a combination of general scientific methods, comparison methods and an empirical approach. A summary of the national regulations of the countries in question is made, which contain provisions on confidentiality, data protection and proper use of information Country-by-country reports. Based on the results of the study, it has been proven that different tax administrations should, in practice, have different approaches to ensure the required level of effective protection of confidentiality of country-by-country reports information and establish penalties for breach of confidentiality.

scholarly journals Diagnostics of a Tax Benefit in National and International Law (Methodological Aspects)

Taxes ◽  
2021 ◽  
Vol 1 ◽  
pp. 36-40
Author(s):  
Inna A. Khavanova ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Tax Evasion ◽  
International Agreements ◽  
International Agreement ◽  
Profit Shifting ◽  
National Legislation ◽  
Stage Of Development ◽  
The Russian Federation ◽  
Methodological Aspects

The article is devoted to the aspects of substantiation of tax benefit in transnational operations. The schemes of tax evasion including transnational ones face strong opposition in national legislation, judicial doctrine and provisions of international agreements. In author`s opinion, now the doctrine of unfounded tax benefit is at the new stage of development after the adoption of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation on appraisal by arbitration courts of relevance of gaining of tax benefit by tax residents, dated October 12 № 53. The author examines interaction between internal (Article 54.1 of the Tax Code of the Russian Federation) and international tax rules taking into account new approaches adopted after the OECD/G20 Base Erosion and Profit Shifting Project was realized. Special attention is paid to Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting particularly to principle purpose test. The author notes that principle purpose test was designed on the basis of legal link between principal purposes of tax payer transaction and object and purpose of international agreement. The nature of such approach can be explained by peculiarities of international agreements for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.

European experience in transition to circular economy

2020 ◽  
Vol 19 (4) ◽  
pp. 598-617 ◽  
Author(s):  
S.V. Ratner
Keyword(s):  
European Union ◽  
Circular Economy ◽  
Raw Materials ◽  
Action Plan ◽  
National Level ◽  
The European Union ◽  
Scientific Methods ◽  
European Experience ◽  
General Scientific ◽  
The Eu

Subject. The article considers the concept of circular economy, which has originated relatively recently in the academic literature, and is now increasingly recognized in many countries at the national level. In the European Union, the transition to circular economy is viewed as an opportunity to improve competitiveness of the European Union, protect businesses from resource shortages and fluctuating prices for raw materials and supplies, and a way to increase employment and innovation. Objectives. The aim of the study is to analyze the incentives developed by the European Commission for moving to circular economy, and to assess their effectiveness on the basis of statistical analysis. Methods. I employ general scientific methods of research. Results. The analysis of the EU Action Plan for the Circular Economy enabled to conclude that the results of the recent research in circular economy barriers, eco-innovation, technology and infrastructure were successfully integrated into the framework of this document. Understanding the root causes holding back the circular economy development and the balanced combination of economic and administrative incentives strengthened the Action Plan, and it contributed to the circular economy development in the EU. Conclusions. The measures to stimulate the development of the circular economy proposed in the European Action Plan can be viewed as a prototype for designing similar strategies in other countries, including Russia. Meanwhile, a more detailed analysis of barriers to the circular economy at the level of individual countries and regions is needed.

Bank Marketing: Features, New Trends, and Prospects

2019 ◽  
pp. 83-88
Author(s):  
E. N. Valiev ◽  
E. N. Veysov
Keyword(s):  
Systems Approach ◽  
Marketing Research ◽  
Theory And Practice ◽  
Scientific Publications ◽  
Scientific Methods ◽  
New Directions ◽  
General Scientific ◽  
Modern Economic ◽  
The Subject ◽  
Bank Marketing

The importance of the subject of this study is attributable to the need of developing the theory and practice of formation of bank marketing, its features and new trends associated with this concept. Prospects for the development of banks and their ability to quickly and efficiently address new challenges presented by the market can be determined through modern forms, methods of management and creative use of financial marketing opportunities.Aim. The presented study aims to examine the specific aspects, principles, conditions, factors of emergence, and prospects for the development of bank marketing and forms of its management in modern economic conditions.Tasks. The authors identify the major trends and perspective directions in the development of bank marketing in Azerbaijan at the current stage.Methods. As its methodological and theoretical basis, this study uses a systems approach to the analysis of its subject, conceptual approaches outlined in the works of Azerbaijani, Russian, and foreign scientists in the field of bank marketing. These methods are used to determine the essence of bank marketing, present the types and organization of marketing research, and identify the characteristic traits, new forms, and directions for the development of bank marketing.Results. The study uses general scientific methods of cognition in various aspects to identify characteristic traits, trends, and new directions of bank marketing. A review of scientific publications shows that academic papers tend to focus on general conceptual approaches to the practical application of marketing. The authors believe that the issues of organization of a comprehensive bank management system, its implementation based on innovations in the promotion of banking products and services in the financial market, and substantiation of channels for their distribution among consumers are insufficiently explored. This makes the subject of this study extremely relevant due to the inevitable optimization of the organizational structure of banks through comprehensive implementation of the marketing system.Conclusions. Theoretical and practical issues of bank marketing are examined. As a result, the specific features and characteristic traits of this mechanism, conditions and factors for its emergence, and its prospects in the context of the digital economy are analyzed.

Administration of the educational process (legal and linguistic-didactic aspects) in the conditions of quarantine and post-quarantine measures caused by covid-19

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi
Keyword(s):  
Public Relations ◽  
Educational Process ◽  
Scientific Methods ◽  
Functional Changes ◽  
Educational Processes ◽  
Special Scientific ◽  
Science And Education ◽  
General Scientific ◽  
The Subject ◽  
The Impact

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.

Types of law-making powers of the Ukrainian people

2021 ◽  
Vol 28 (3) ◽  
pp. 36-46
Author(s):  
Anatoliy M. Kolodiy ◽  
Olexiy A. Kolodiy
Keyword(s):  
Integrated Approach ◽  
Case Law ◽  
Methodological Framework ◽  
Scientific Methods ◽  
National Legislation ◽  
The People ◽  
Special Scientific ◽  
General Scientific ◽  
Legislative Initiative ◽  
Law Making

The relevance of this problem is considered in the fact that in modern conditions of the state's process of developing a sovereign and independent, democratic, social, and legal state, the people's awareness of its place and role is one of vital aspects. The Ukrainian people's awareness of their rights and obligations, in this case law-making ones, will contribute to a real opportunity for the people to take part in the management of state affairs. Despite the fact that the problem of the powers of the Ukrainian people is extremely relevant at this stage of the Ukrainian history, it is understudied by Ukrainian researchers. Therefore, considering the above, this study is investigates such types of law-making powers of the Ukrainian people as the rights to: people's initiative, and within its framework – people's legislative initiative and people's referendum initiative; people's veto; people's survey, including regarding regulations; people's examination of regulations and draft regulations. The purpose of the present study is to consider theoretical material concerning the state of possibility of using the above-mentioned types of law-making powers of the Ukrainian people, as well as foreign practices in their implementation. The methodological framework of this study included an integrated approach, which involves a combination of numerous philosophical, general scientific, and special scientific methods. Based on the obtained conclusions and generalisations, the study aims to develop original proposals and recommendations for improving national legislation on this matter

scholarly journals On responsibility of the employer to undertake measures for preventing corruption

2020 ◽  
pp. 65-79
Author(s):  
Svetlana Pavlovna Basalaeva
Keyword(s):  
Russian Federation ◽  
Scientific Method ◽  
Scientific Methods ◽  
Essential Condition ◽  
Labor Legislation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Corruption Prevention ◽  
Legal Consequences

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.

scholarly journals Development and transformation of the communicative element of socio-cultural activities

2021 ◽  
Vol 5 (S2) ◽  
pp. 708-721
Author(s):  
Oksana A. Telep ◽  
Inna V. Balashenko ◽  
Pavlo P. Fedaka ◽  
Liudmyla I. Ukhach ◽  
Yelizaveta M. Sivak
Keyword(s):  
Modern Society ◽  
Cultural Transformation ◽  
Cultural Space ◽  
Scientific Methods ◽  
Cultural Activities ◽  
General Scientific ◽  
The Subject ◽  
Innovative Potential ◽  
Communication Culture ◽  
Methodological Studies

The relevance of the subject matter derives from the fact that communication is one of the oldest institutions of humanity and plays a crucial role in modern society. The authors used general scientific methods such as generalisation, analysis and integration of elements of the concept of conventional communication as well. The purpose of the study is to define the essence of the models of socio-cultural transformation, as well as the characteristics and features of the development of socio-cultural activities. The study analyses how socio-cultural content functions in social communication; the key theoretical thesis of the functionality message is identified. The study discusses the models that influence socio-cultural transformation on the global level and make changes both in the global cultural space and in the cultural space of countries, communities, and people in particular. The study proposes means to strengthen the innovative potential of Ukrainian culture. The authors emphasise that the phenomenon of communication culture requires in-depth theoretical and methodological studies of the problems of its design and support. 

scholarly journals An Analysis of the Taxation of Entertainers and Sportspersons Under Art. 17 OECD-MC

2020 ◽  
pp. 342-349
Keyword(s):  
Future Development ◽  
Tax Evasion ◽  
Historical Review ◽  
International Agreements ◽  
Tax Law ◽  
Tax Treaties ◽  
Domestic Legislation ◽  
Important Regulator ◽  
The Republic ◽  
Domestic Law

The double tax treaties (DTT) are an important regulator in international tax law. The Preamble to them defines their aim and purpose – to reduce taxation through tax evasion and avoidance in the field of taxes on income and capital. It should be noted that they do not create new taxes, but they are supranational international agreements ensuring the fair tax treatment between states. According to the Art. 5, para 4 of the Constitution of the Republic of Bulgaria, the international agreements such as the DTTs are part of the domestic law if they have been ratified, promulgated and entered into force. After the fulfilment of the three cumulative conditions, they take precedence over the domestic legislation for any conflicts. The aim of the current study, with no claim to completeness and comprehensiveness, is to outline the scope of Art. 17 of the Model Tax Convention of Income and Capital of the Organisation for Economic Co-operation and Development (OECD-MC) on the taxation of entertainers and sportspersons. The analysis will begin with a brief historical review. For this purpose, the last three versions of the Commentary of the OECD-MC (the Commentary) will be examined. The author will also focus on relevant international and domestic practical issues on the topic as well as a brief overview of the concluded DTTs between Bulgaria and other states. Finally, some thoughts will be expressed on the future development of the concept.

scholarly journals Laundering Black Money by Means of Offshore Zones: The Negative Impact and Ways to Resolve

2021 ◽  
Vol 8 (523) ◽  
pp. 140-150
Author(s):  
O. T. Zamaslo ◽  
◽  
D. A. Kozak ◽  
Keyword(s):  
National Economy ◽  
Tax Evasion ◽  
Negative Impact ◽  
Action Plan ◽  
International Standards ◽  
Key Factors ◽  
Profit Shifting ◽  
State Budget ◽  
Business Entities ◽  
The Impact

The article is aimed at examining the problem of laundering black money in the offshore jurisdictions. Attention is paid to the key factors that attract economic entities regarding business registration in offshore zones. The impact of the tax burden on the process of moving profits to offshore jurisdictions is considered. The volumes of losses of the State Budget of Ukraine related to tax evasion of the funds placed on the accounts of offshore companies have been studied. The most typical schemes of laundering black money in offshore zones are presented, as well as a number of stages that form the process of laundering are highlighted. Emphasis is placed on round tripping investment as a key mechanism for returning foreign funds to a resident in the form of foreign direct investment, the main factors in the use of round trip transactions by Ukrainian business entities are allocated. Attention is drawn to the percentage of countries, which are the largest investors in Ukraine. It is determined that the use of offshore schemes by Ukrainian businesses contributes to the growth of the shadowing of the national economy and causes a direct negative impact on Ukrainian financial security, which is confirmed by the results of the National Risk Assessment 2019. Emphasis is placed on the OECD / G20 Base Erosion and Profit Shifting (BEPS) initiative to prevent money laundering offshore, and Ukraine’s key measures to implement relevant international standards are specified. Prospects for further research in this direction are to identify measures directed towards deoffshorization of the national economy, including through the implementation of the BEPS 2.0 Action Plan.

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