Legal regulation of the administration of taxes and сharges in the conditions of construction of the digital economy: discussion aspects

2021 ◽  
pp. 63-68
Author(s):  
Oksana Makuch

Problem setting. Digital technologies are one of the most current trends, with the help of which new models of interaction between the state, business and citizens are being formed. New methods of doing business involve constant work with data, which entails significant changes in traditional sectors of the economy. It should be emphasized that the development of digital processes leads to a significant increase in financial flows that are outside the scope of legal regulation. It seems that in order to adapt to the challenges of digital technologies, there is a need to develop its own (national) digital ecosystem, which will cover the field of tax regulation. Analysis of recent research. The study of some aspects of digitalization in the field of taxation has been the subject of scientific research by such scholars as O. Dmytryk, M. Kucheryavenko, D. Kobylnik, V. Ryadinska, K. Tokarіeva, and others. At the same time, the above direction is developing rapidly, and this in turn requires appropriate timely regulation and reflection in the law. In view of the above, the purpose of the article is to analyze the legal regulation of taxation in the digital economy. Article’s main body. The article discusses the features of legal regulation of the sphere of taxation in the conditions of building a digital economy. It was emphasized that the introduction of digital technologies into tax regulation has both positive (implementation of the principle of taxation convenience, the formation of a service model of interaction between authorities and obligated participants in tax relations) and negative aspects (fragmentary legal regulation, the need to implement mechanisms for protecting tax information included in the corresponding electronic services, bases). Based on the analysis of a number of acts of promising legislation of Ukraine: the introduction of a special legal (including tax) regime of Diya City was subjected to a critical analysis; the legislator's approach to the regulation of taxation relations for the delivery of electronic services to individuals by non-residents was positively assessed. Conclusions and prospects for the development. The formation of a service model of the tax authorities provides for even broader interaction of tax authorities with taxpayers in electronic form. It should be noted that the interaction of taxpayers with the tax authorities through "digital channels" can be both positive and negative, which largely depends on the ease of use of the service (thus increasing the convenience and efficiency of interaction between taxpayers). In addition, the analysis of the legal regulation of taxation in the digital economy in Ukraine indicates the need for comprehensive development of effective mechanisms for each specific tax (or even legal regime) and data protection mechanisms provided by the subjects of tax relations to the relevant electronic databases, registers, offices, etc.

Author(s):  
Oksana Makuch

Problem setting. Digital technologies are one of the most current trends, with the help of which new models of interaction between the state, business and citizens are being formed. New methods of doing business involve constant work with data, which entails significant changes in traditional sectors of the economy. It should be emphasized that the development of digital processes leads to a significant increase in financial flows that are outside the scope of legal regulation. It seems that in order to adapt to the challenges of digital technologies, there is a need to develop its own (national) digital ecosystem, which will cover the field of tax regulation. Analysis of recent research. The study of some aspects of digitalization in the field of taxation has been the subject of scientific research by such scholars as O. Dmytryk, M. Kucheryavenko, D. Kobylnik, V. Ryadinska, K. Tokarіeva, and others. At the same time, the above direction is developing rapidly, and this in turn requires appropriate timely regulation and reflection in the law. In view of the above, the purpose of the article is to analyze the legal regulation of taxation in the digital economy. Article’s main body. The article discusses the features of legal regulation of the sphere of taxation in the conditions of building a digital economy. It was emphasized that the introduction of digital technologies into tax regulation has both positive (implementation of the principle of taxation convenience, the formation of a service model of interaction between authorities and obligated participants in tax relations) and negative aspects (fragmentary legal regulation, the need to implement mechanisms for protecting tax information included in the corresponding electronic services, bases). Based on the analysis of a number of acts of promising legislation of Ukraine: the introduction of a special legal (including tax) regime of Diya City was subjected to a critical analysis; the legislator's approach to the regulation of taxation relations for the delivery of electronic services to individuals by non-residents was positively assessed. Conclusions and prospects for the development. The formation of a service model of the tax authorities provides for even broader interaction of tax authorities with taxpayers in electronic form. It should be noted that the interaction of taxpayers with the tax authorities through "digital channels" can be both positive and negative, which largely depends on the ease of use of the service (thus increasing the convenience and efficiency of interaction between taxpayers). In addition, the analysis of the legal regulation of taxation in the digital economy in Ukraine indicates the need for comprehensive development of effective mechanisms for each specific tax (or even legal regime) and data protection mechanisms provided by the subjects of tax relations to the relevant electronic databases, registers, offices, etc.


Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 37-39
Author(s):  
Nadezhda G. Dolmatova ◽  

Currently, Russia has begun to form a legal framework for the development of the digital economy. The introduction of digital technologies affects all areas of public relations, including budgetary legal relations. In connection with digitalization, issues of budget security are becoming more relevant. The article substantiates the need to improve the legal regulation of budget relations in terms of ensuring budget security and the use of digital technologies. The author’s classification of budget security threats is given. Legal contradictions in the field of digital currency regulation are revealed. Measures are proposed to eliminate conflicts and gaps in the current legislation regulating budgetary legal relations and relations arising in connection with the use of digital currency.


2021 ◽  
pp. 105-110
Author(s):  
Nataliya Vnukova

Problem setting. The development of the digital economy, taking into account international experience, provides a comprehensive analysis of the regulation of economic activity in relation to the application of Industry 4.0 technologies. Conditions for the development of the digital economy and society provide a thorough analysis of economic and legal regulation of economic activity on the use of innovations in Industry 4.0. Actualization of processes is enhanced by the practical actions of various stakeholders, which emphasizes the need for economic and legal support of this process. Therefore, there is a need to develop recommendations for identifying changes in the economic and legal regulation of the actions of economic entities to develop technologies in Industry 4.0. Analysis of resent researches and publications. OECD conducted a study on the development of digital economy and new business models (2014), Polish scientists R. Pukala, M. Ratajczak, Wozniak Jechorek B. consider the problems of communication in the context of digitalization and startups, recommendations for enterprise development in Industry 4.0 on the basis of their intellectualization provided by researchers of the Institute of Industrial Economics of the National Academy of Sciences of Ukraine N. Bryukhovetskaya and O. Chorna. Plakitkin by Yu. and L. consider programs of Industry 4.0 and digital economy. Target of research. Development of theoretical provisions and practical recommendations for determining changes in the economic and legal regulation of the actions of economic entities to develop technology 4.0 Industry. Article’s main body. The current changes in the regulation of economic activity that occur during the development of Industry 4.0 are considered. An innovative approach to the use of modern search engine Google Trends to determine the interest in the digital economy in the world, the results of a survey to understand the concept of Industry 4.0 and determine the potential level of interest of businesses in Ukraine to invest in the industry 4.0 Conclusions and prospects for the development. To regulate economic activity in the context of the development of Industry 4.0 requires developments in the field of law, the results of the survey indicate the need for further analytical and organizational activities to increase the interest of different categories of businesses in the development of Industry 4.0.


Author(s):  
A. R. Ryazanova

In this article, the author presents a study of the changes in legal regulation of the digital economy caused by the imposition of economic sanctions by the foreign states as well as the Russian Federation. The paper analyzes the restrictive measures imposed in the USA against Russian persons in the field of digital technology. The author concludes that the economic sanctions of foreign countries limit the ability to conduct foreign economic operations in the digital sphere both by Russian persons to foreign persons and vise versa. An analysis of the Russian legal framework for the imposition of restrictive measures and the latest legislative amendments, in particular with regards to the preinstallation requirement of the Russian software, showed that currently the measures introduced in Russia are aimed not at reducing the effect of foreign sanctions, but at developing a national market of digital technologies and decreasing the dependability level ofthe Russian economy on exported technologies in general. The author also highlights that it is necessary to assess the consequences of imposing prohibitions in the field of digital technologies and to consider introduction of more flexible measures of legal regulation upon the results of such assessment.


2021 ◽  
Vol 18 (2) ◽  
pp. 128-137
Author(s):  
V. N. Voronin

Despite the awareness of the importance of digital transformation of highways as the basis for life safety, social and economic development of the country, the issues of technical, legal and financial regulation of the digitalization of the transport complex at the federal and regional levels, a detailed assessment of the impact of digital technologies in transport on social and economic processes in modern Russian society. In the Russian doctrine in recent years, research has been carried out in general on the formation and development of the digital economy in Russia, in which intelligent transport systems are mentioned pointwise and only in general terms without their comprehensive analysis. Based on the assessment of the current state and trends in the development of info-communication transport infrastructure in Russia, foreign experience, potential problems of the implementation of digital technologies in transport in the socioeconomic and legal dimension were identified, specific proposals were formulated on the legal and financial regulation of issues and minimization of the risks of liability for harm in conditions development of information transport systems. The role of the programs “Digital Economy of the Russian Federation” and “Safe and High-Quality Roads” in the development of intelligent transport systems has been analyzed, and as a result, promising areas for the use of unmanned vehicles to improve the quality of life of people, develop entrepreneurship, high-tech industries, and increase the investment attractiveness of Russia have been identified. and strengthening its position in the international arena. The study used the following methodological principles: objectivity; determinism; historicism; integrity; consistency; structure; functionality; hierarchy; pluralism of explanation and understanding of law; comparative studies. The study uses private methods: legal analytics, legislative techniques, legal comparative studies, expert assessments. As the main results of the study, the features of the legal regulation of new and promising relations arising in the digital economy have been identified. This is a strategic legal planning and legal experiment. Taking into account this conclusion, a system of prerequisites for the development of intelligent transport systems was formulated based on the analysis of national programs. The system of prerequisites includes three levels: technological prerequisites, infrastructural and regulatory.


Pravovedenie ◽  
2019 ◽  
Vol 63 (2) ◽  
pp. 309-326
Author(s):  
Pavel V. Troshchinskiy ◽  
◽  
Alexander E. Molotnikov ◽  

2021 ◽  
pp. 98-103
Author(s):  
Світлана Василівна Макрак

Problem statement. The accelerated development of the digital economy involves making proactive decisions to minimize the risks and threats of the new business format to the efficiency of the agricultural industry. Purpose of article. Specify key directions of development of digital technologies in the management of material resources and financial flows, to justify the risks and threats when implementing a digital control models, identify key factors in the transition moving to digital. The object of research is the management of material resources in the context of the development of the digital economy. Methods used in research. The theoretical and methodological basis for research was the work of scientists on the development of the digital economy and the management of material resources in agriculture. In the course of re- search, the following methods were used: monographic, abstract-logical, synthesis and system analysis, etc. The hypothesis of the study. The development of electronic and digital systems and models of material re- source management in comparison with traditional ones has a wide range of features, barriers and opportunities. Presentation of the main material. The development of digital technologies in agriculture is fragmented. The implementation of effective digital systems for managing material resources involves responding to and anticipating risks and barriers at the stage of transition from traditional to electronic models. Originality and practical value. The scientific novelty of the research is to systematize and supplement the scientific basis for the development of digital models of material resource management in agriculture, which subsequently contributes to the development of the concept of "Intellectualization of agribusiness in the Republic of Belarus" in terms of material resource management. Conclusions. The implementation of an effective system for managing material resources in agriculture in Belarus in the context of the digital economy is possible by drawing up road maps for parallel digitalization of all sectors of the national economy, which contains opportunities, risks, and barriers to implementing electronic business models.


2020 ◽  
Vol 1 (1) ◽  
pp. 24-38
Author(s):  
Elina L. Sidorenko ◽  
Pierre Von Arx

The subject under analysis is the peculiarities around the legal regulation of digital technologies and products arising from digital technologies. The choice of this topic was predetermined by the active development of digital services and digital financial assets, and the necessity to adapt modern legislation to the needs of the digital economy. Despite the fact that several strategies for the development of digital law are being worked out at the level of international organizations, neither in theory nor in practice is there a single understanding of the legal nature of digital technologies and the foundations of their legal regulation.From this perspective, the purpose of this article is to understand the system and the main categories of the digital economy through the prism of fundamental legal institutions, based both on the traditional principles of scientific analysis and on the results steaming from applied data processing methods.Using methods of theoretical modeling, idealization, and theoretical experiments, the authors consider the categories of legal personality, security, and tort of digital technologies and products, compare them with similar legal institutions, and determine possible options for integrating new legal categories into traditional rule of law on contracts, liability, and the protection of intellectual rights.As a result of the study, the authors have assembled their vision of those benchmarks, on which international strategies for regulating the digital economy should be built. The authors proceed from the fact that the adaptive capabilities of traditional law are very limited in relation to digital technologies; furthermore, in relation to many of them, qualitatively new legal models should be developed. The article presents the results of a review of the main legal parameters of digital technologies. Formulations of legal personality and protection are proposed, definitions of digital technology products in civil and copyright law are formulated.The conclusion reached concerns the inconsistency of approaches to assessing the legal nature of digital objects, and the insufficient consideration of the technical aspects of digital technologies, as well as the need to develop — at the international level — a unified legal strategy for civil and intellectual law regarding digital technologies. This study underlines, among the priority tasks and directions, the issues of legal personality of digital technologies, and the essential mechanisms for the protection of products using digital technologies. The conclusions formulated in the article have important practical and methodological significance, and can be taken into account when reforming the current legislation.


2022 ◽  
Vol 12 (4) ◽  
pp. 416-433
Author(s):  
B. M. Bizhoev

Purpose: the aim of the article is to calculate the reduction in transaction costs when transferring purchases to electronic format, as well as determine the potential for digitizing the consideration of all requirements for procurement participants.Methods: the study is based on the conceptual provisions of the institutional economic theory, the use of the system approach methodology, the use of survey research methods, and the generalization of expert assessments. The development of the proposed topic is also based on the use of methods of economic and statistical analysis, scientifc abstraction, comparison and scientifc generalizations.Results: as a result of a detailed analysis, the digital transformation electronic trading platforms into the digital trading platforms was substantiated. The paper also shows the role of electronization and digitalization in reducing transaction costs and time spent on customers. It was revealed that the transfer of authority to the electronic trading platforms not only excludes the possibility of errors, unfair and opportunistic behavior of customers, and as a result – the imposition of fnes, but also reduces the time spent on procurement. The main approaches to improving the contract system, building its digital ecosystem, where the necessary actions are performed by the software and hardware complex, and the contract manager only "accompanies" the purchase, are proposed. The article presents the evolution of the use of digital technologies and the corresponding legal regulation in Russia.Conclusions and Relevance: the use of digital technologies in public procurement is becoming a factor causing changes in the contractual system. The electronic form of trading has brought a new reality, opportunities for digital transformation are opening up. The use of automated counterparty verifcation technologies in the activities of electronic trading platforms is a potential factor in reducing transaction costs. In the future, it is possible to use digital technology “big data”, which helps to identify and categorize the necessary information regarding the availability of experience in the execution of similar contracts.


2019 ◽  
pp. 20-26
Author(s):  
O. Rozghon

Problem setting. The issue of legal regulation of the digitization of museums is currently relevant and deserves special attention, since digital transformation at an effective level is necessary for both rare objects (museum cultural values) and modern ones. Creating a modern digital space for museum cultural values will be appropriate for: both visitors, owners and authors of museum cultural values, and outside investors and the museum. The purpose. Analysis of the “virtual version of the museum” category as a means of introducing digital technologies and defining its features, mechanism for realization and protection of digital works rights, which are in the repository of the museum site. Analysis of recent research and publications. At the scientific level, scientists, such as A. G. Vasnev, A. V. Goloviznin, S. G. Dolgov, T. V. Dudenko, V. F. Zverhovskaya, I. E. Martynenko, V. Yu. Stepanov, B. M. Odaynyk, but were considered exclusively within the framework of the legal regulation of the circulation of cultural values. The issues of digitization of museums dealt with such scientists as M. A. Belyaeva, T. A. Ladygina, N. V. Klementyevа, K. D. Savitskaya, but more from the point of view of general issues, without affecting the features of the virtual version of the museums. Article’s main body. Virtual excursion is the result of creative activity, presented in electronic (digital) form, by means of spherical or cylindrical panoramas, based on the interactive interaction of the user (visitor) with the virtual environment through a computer program for visual demonstration of digital works that are to be expressed electronically (digitally) and located on the museum’s website. Digitization of museum cultural values is one of the most promising areas in the field of introduction of high technologies and automation for museum cultural values. “Digitalization” should provide every citizen with equal access to cultural information and knowledge services provided through digital technologies. The implementation of this principle is possible when implementing a virtual version of the museum. The author defines the essence of the category “virtual version of the museum” and reveals its features. The article states that when visiting a virtual tour, the visitor can receive the following electronic services in the field of culture and the arts (paid / free), in particular, 1) view the virtual panorama by going to different halls of the museum, 2) explore museum exhibits that are museum cultural values, 3) get information about museum cultural values and more. Conclusions. According to the results of research, the expediency of positioning the museum in the Web space is established and the necessity of introducing a virtual version of the museum as a means of introduction of digital technologies is substantiated. The author found that if the museum site has a repository of digital photographs, which are viewed through virtual tours, access to such a site or content must be based on the copyright and copyright of the digital author himself.


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