Features of using of the results of operative-investigative activity in the implementation of powers of the tax authorities to control and supervise compliance with legislation on taxes and fees

Authors

  • V. V. Semenchuk The Far Eastern Law Institute of the Ministry of Internal Affairs of Russia named after I. F. Shilov
  • V. D. Larichev National Research Institute of the Ministry of Interior of the Russian Federation

DOI:

https://doi.org/10.17308/law/1995-5502/2024/4/184-195

Keywords:

operative-investigative activity, results of operative-investigative activity, tax authorities, tax offenses, on-site tax audits

Abstract

In the article describes the problems of legal regulation and practice of using the results of operative-investigative activity (hereinafter referred to as OIA) in the implementation of the powers of tax authorities to control and supervise compliance with legislation on taxes and fees. It is noted that in connection with the presentation of the results of OIA in reference form, their evidentiary value is reduced. The authors proposed changes to the departmental regulation of the procedure for presenting the results of OIA to tax authorities. Another problem is that, due to the length of the procedures for using the results of OIA by tax authorities, the statute of limitations for criminal prosecution for tax crimes expires. In this regard, the idea of developing a legal institution of special tax audits is submitted for scientific and practical discussion.

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Author Biographies

  • V. V. Semenchuk, The Far Eastern Law Institute of the Ministry of Internal Affairs of Russia named after I. F. Shilov

    PhD in Economic, Associate Professor, Head of the Department of Criminal Procedure

  • V. D. Larichev, National Research Institute of the Ministry of Interior of the Russian Federation

    PhD in Law (Doctor of Juridical Sciences), Professor, Honored Scientist of the Russian Federation, Chief Researcher of Research Center No. 3

References

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Published

2025-03-06

Issue

Section

Criminal Law. Criminal Process. Criminalistics