Opportunities and Limitations of the Activities of the Authorized Body to Initiate the Bankruptcy of a Tax Debtor
( Pp. 254-260)

More about authors
Khoruzhiy Valery I. Dr. Sci. (Econ.), Associate Professor, Professor of the Department of Taxes and Tax Administration of the Faculty of Taxes, Audit and Business Analysis
Financial University under the Government of the Russian Federation
Moscow, Russian Federation Bogdanova Natalia A. Graduate Student of the Department of Taxes and Tax Administration of the Faculty of Taxes, Audit and Business Analysis
Financial University under the Government of the Russian Federation
Moscow, Russian Federation
For read the full article, please, register or log in
Abstract:
Purpose of the study. The article examines current trends and current problems of the activities of the Federal Tax Service of Russia in the status of an authorized body to initiate the bankruptcy of a tax debtor in order to recover tax debts. From the standpoint of the synthesis of theoretical approaches and arbitration practice, the prerequisites for initiating a bankruptcy case for a tax debtor have been studied; the research discloses groups of tax debtors to which it is advisable to apply measures to prevent bankruptcy and groups to which such measures are not applicable; the place of the mechanism of bankruptcy of the taxpayer in the general system of settlement of tax debts is shown; the main problems in initiating the bankruptcy of a tax debtor and measures taken by the authorized body to protect the interests of the Russian Federation as a creditor are identified on examples of the analysis of judicial practice in the processes of bankruptcy of legal entities. Conclusions. In the context of the development of forms and methods of pre-trial settlement of tax debts, the bankruptcy mechanism becomes an extreme measure of its settlement, which, in some cases, is an incentive for the tax debtor to move to the settlement agreement process before the introduction of the first bankruptcy procedure, and, in other cases, becomes an impulse for the authorized body to the formation and implementation of a well-thought-out constructive strategy and tactics for the effective implementation of the procedures used in bankruptcy cases of the debtor. The results of this study create the basis for the subsequent improvement of the organizational and economic mechanism of the activities of the authorized body for the protection of state interests in the bankruptcy of debtors.
How to Cite:
Khoruzhiy V.I., Bogdanova N.A., (2022), OPPORTUNITIES AND LIMITATIONS OF THE ACTIVITIES OF THE AUTHORIZED BODY TO INITIATE THE BANKRUPTCY OF A TAX DEBTOR. Economic Problems and Legal Practice, 5 => 254-260. DOI: 10.33693/2541-8025-2022-18-5-254-260
Reference list:
Badeeva E. A., Kidryaeva A. I. Initiation of bankruptcy proceedings by tax authorities // Models, systems, networks in economics, technology, nature and society. 2020. No. 3(35). pp. 5-20.
Botasheva F.B. Problems of settlement of tax debt // Bulletin of the Eurasian Science. 2019. V. 11. No. 3. pp. 1-7
Imanshapieva M.M. Tax debt: problems, regional features and possible ways to reduce it (based on the materials of the Republic of Dagestan) // Taxes and taxation. 2022. No. 2. pp. 9-28.
Kaishev A.E. On the issue of collecting tax arrears of organizations from managers and founders // Financial Law. 2020. No. 10. pp. 22-25.
Makevnina D.Y. Legal status of tax authorities in bankruptcy cases // Otechestvennaya jurisprudence. 2018. No. 5(30). pp. 15-18.
Mitin D.A. Mediation as a tool for pre-trial settlement of tax disputes. Economy. Taxes. Right. 2022. No. 15(3). pp. 127-134. DOI: 10.26794/1999-849X 2022-15-3-127-134
Ovcharova E.V. Ways to ensure the effectiveness of administrative coercion in the mechanism of legal regulation of taxation and fees // Administrative law and process. 2019. No. 12. pp. 19-28.
Salmina S.V. Analysis of the composition and structure of the tax debt of the Russian Federation / S.V. Salmina // Financial Economics. 2022. №3. Part 1. pp. 35-40.
Troyanskaya M.A. Theoretical foundations for the emergence of tax debt / M.A. Trojan. -DOI 10.24866/2311-2271/2018-2/27-37 // Izvestiya Dalnevost. feder. university Economics and Management. 2018. No. 2. pp. 27-37.
Keywords:
authorized body, tax debt, bankruptcy, debtor, creditor.


Related Articles

6. Legal practice of other countries Republic of Poland Pages: 146-149 Issue №2418
Bankruptcy Proceedings in Relation to Bond Issuers in Poland
bankruptcy bankruptcy proceedings bond
Show more
17. Employment Law; Right to social security Pages: 166-169 Issue №7806
ON THE ISSUE OF RELATION OF CRIMINAL LAW AND BANKRUPTCY LAW
bankruptcy protecting the rights of employees non-payment of wages the criminal prosecution The labour code
Show more
10. FINANCIAL LAW; TAX LAW; BUDGETARY LAW Pages: 248-252 Issue №18204
Risky business model as a basis for attracting persons controlling a credit institution to recover losses
business model controlling person bankruptcy liability reasoned judgment
Show more
18. Economic Theory Pages: 160-161 Issue №4210
MATHEMATICAL MODEL OF COLLECTIVE RISK INSURANCE COMPANY
a mathematical model of collective risk insurance company probability bankruptcy insurance premiums
Show more
10. FINANCE, CASH CIRCULATION AND CREDIT, ACCOUNTING AND ANALYSIS Pages: 152-155 Issue №2928
ABOUT STATISTICS OF INDUSTRIAL ENTERPRISES’ FINANCIAL REHABILITATION AND BANKRUPTCY
Financial recovery financial rehabilitation bankruptcy the performance statistics
Show more
4. CRIMINAL LAW Pages: 230-235 Issue №20118
Imperfection of the Law as a Legal Obstacle to Increasing the Efficiency of Prosecutorial Supervision over the Observance of Bankrupt Employers' Rights of Citizens to Timely Payment of Remuneration for Work (Based on Materials from the Prosecutor's Office of the Republic of Dagestan)
labor law prosecutor's supervision employer employee
Show more
5. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW; Civil procedure arbitration procedure Pages: 133-136 Issue №6840
The legal framework for ensuring the financial sustainability of the enterprises (organizations) in the Russian Federation
financial stability reserve funds bankruptcy mandatory regulations criteria
Show more
5.2.3 REGIONAL AND SECTORAL ECONOMICS Pages: 163-168 DOI: 10.33693/2541-8025-2022-18-1-163-168 Issue №20468
The Economic Nature of the Incentive Reward of the Insolvency Officer and the Grounds for its Payment
bankruptcy insolvency proving insolvency officer stimulating reward
Show more
10. CRIMINAL LAW AND CRIMINOLOGY Pages: 123-126 Issue №10327
Characteristics of the subject of the crime, stipulated by Art. 172. 1 of the Criminal Code of the Russian Federation
perpetrator financial institution falsification of documents bankruptcy
Show more
10. TAX AND CUSTOMS PROBLEMS, FINANCIAL LAW, BUDGET LAW Pages: 170-179 Issue №6841
THE METHODOLOGY OF ECONOMIC EXPERTISE IN THE TAX PROCESS AND JUDICIAL PROCESSES INVOLVING THE TAX AUTHORITIES
tax process examination expert accounting financial expertise economic expertise
Show more