CERTAIN ASPECTS OF TAX ACCOUNTING IN RECOGNISING THE VOIDANCE OF A CONTRACT: GROUNDS FOR JURISDICTIONAL CONFLICTS

This article examines the subject of tax accounting within the context of contract invalidation, with a particular focus on the jurisdictional conflicts that arise between tax authorities and private entities. The study employs a legal analysis of court rulings and legislative provisions to investig...

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Main Authors: Igor Krynytskyi, Mykola Kucheryavenko, Oleh Panfilov
Format: Article
Language:English
Published: Izdevnieciba “Baltija Publishing” 2024-12-01
Series:Baltic Journal of Economic Studies
Subjects:
Online Access:http://baltijapublishing.lv/index.php/issue/article/view/2598
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author Igor Krynytskyi
Mykola Kucheryavenko
Oleh Panfilov
author_facet Igor Krynytskyi
Mykola Kucheryavenko
Oleh Panfilov
author_sort Igor Krynytskyi
collection DOAJ
description This article examines the subject of tax accounting within the context of contract invalidation, with a particular focus on the jurisdictional conflicts that arise between tax authorities and private entities. The study employs a legal analysis of court rulings and legislative provisions to investigate the public-law nature of these disputes. The purpose of the study is to clarify the role of tax authorities in challenging contracts that may be concluded without the intention of their execution, have no actual content or are aimed at obtaining illegal tax benefits, and to highlight the jurisdictional issues related to such cases. The methodology comprises a comprehensive examination of legal precedents and court rulings, thereby facilitating a thorough evaluation of the manner in which tax authorities' actions in these disputes are connected to public-law principles. The article presents a critique of the judicial misclassification of such disputes as private law matters. It asserts that these disputes should be understood within the framework of public law, given the involvement of state interests. The conclusion emphasises the necessity for a more sophisticated methodology to be employed in determining the appropriate jurisdiction in these cases. It advocates for the implementation of a legal framework that is sensitive to the public-law aspects of tax accounting disputes. The study concludes that this approach would ensure more effective protection of public interests and enhance the administration of justice in tax-related legal disputes.
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issn 2256-0742
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language English
publishDate 2024-12-01
publisher Izdevnieciba “Baltija Publishing”
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spelling doaj-art-ff3e373b02434044abc2f07266d088ee2025-08-20T02:52:16ZengIzdevnieciba “Baltija Publishing”Baltic Journal of Economic Studies2256-07422256-09632024-12-0110427127610.30525/2256-0742/2024-10-4-271-2762598CERTAIN ASPECTS OF TAX ACCOUNTING IN RECOGNISING THE VOIDANCE OF A CONTRACT: GROUNDS FOR JURISDICTIONAL CONFLICTSIgor Krynytskyi0Mykola Kucheryavenko1Oleh Panfilov2Poltava Law Institute, Yaroslav Mudryi National Law University, Ukraine (corresponding author)Yaroslav Mudryi National Law University, UkraineNational University "Odesa Law Academy", UkraineThis article examines the subject of tax accounting within the context of contract invalidation, with a particular focus on the jurisdictional conflicts that arise between tax authorities and private entities. The study employs a legal analysis of court rulings and legislative provisions to investigate the public-law nature of these disputes. The purpose of the study is to clarify the role of tax authorities in challenging contracts that may be concluded without the intention of their execution, have no actual content or are aimed at obtaining illegal tax benefits, and to highlight the jurisdictional issues related to such cases. The methodology comprises a comprehensive examination of legal precedents and court rulings, thereby facilitating a thorough evaluation of the manner in which tax authorities' actions in these disputes are connected to public-law principles. The article presents a critique of the judicial misclassification of such disputes as private law matters. It asserts that these disputes should be understood within the framework of public law, given the involvement of state interests. The conclusion emphasises the necessity for a more sophisticated methodology to be employed in determining the appropriate jurisdiction in these cases. It advocates for the implementation of a legal framework that is sensitive to the public-law aspects of tax accounting disputes. The study concludes that this approach would ensure more effective protection of public interests and enhance the administration of justice in tax-related legal disputes.http://baltijapublishing.lv/index.php/issue/article/view/2598tax accountingpublic law disputecontrolling authorityvoidable contractadministrative jurisdiction
spellingShingle Igor Krynytskyi
Mykola Kucheryavenko
Oleh Panfilov
CERTAIN ASPECTS OF TAX ACCOUNTING IN RECOGNISING THE VOIDANCE OF A CONTRACT: GROUNDS FOR JURISDICTIONAL CONFLICTS
Baltic Journal of Economic Studies
tax accounting
public law dispute
controlling authority
voidable contract
administrative jurisdiction
title CERTAIN ASPECTS OF TAX ACCOUNTING IN RECOGNISING THE VOIDANCE OF A CONTRACT: GROUNDS FOR JURISDICTIONAL CONFLICTS
title_full CERTAIN ASPECTS OF TAX ACCOUNTING IN RECOGNISING THE VOIDANCE OF A CONTRACT: GROUNDS FOR JURISDICTIONAL CONFLICTS
title_fullStr CERTAIN ASPECTS OF TAX ACCOUNTING IN RECOGNISING THE VOIDANCE OF A CONTRACT: GROUNDS FOR JURISDICTIONAL CONFLICTS
title_full_unstemmed CERTAIN ASPECTS OF TAX ACCOUNTING IN RECOGNISING THE VOIDANCE OF A CONTRACT: GROUNDS FOR JURISDICTIONAL CONFLICTS
title_short CERTAIN ASPECTS OF TAX ACCOUNTING IN RECOGNISING THE VOIDANCE OF A CONTRACT: GROUNDS FOR JURISDICTIONAL CONFLICTS
title_sort certain aspects of tax accounting in recognising the voidance of a contract grounds for jurisdictional conflicts
topic tax accounting
public law dispute
controlling authority
voidable contract
administrative jurisdiction
url http://baltijapublishing.lv/index.php/issue/article/view/2598
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AT mykolakucheryavenko certainaspectsoftaxaccountinginrecognisingthevoidanceofacontractgroundsforjurisdictionalconflicts
AT olehpanfilov certainaspectsoftaxaccountinginrecognisingthevoidanceofacontractgroundsforjurisdictionalconflicts