Year of Graduation
Problems of Determining the Transaction Price in Financial Law
Financial, Tax and Customs Law
This paper is devoted to the problem of determining the transaction price in the legal institution of public procurement, tax and customs law. The purpose of the work is to analyze the mechanisms for determining the transaction price in financial law, comparing the specifics of determining the transaction price in tax and customs law, as well as in the legal institution of public procurement to identify common principles and determine the prospects for legal regulation of the transaction price in financial law. To reach the purpose, the following tasks were solved: the concept and sources for determining the transaction price in financial law were defined; the general principles for determining the price of the transaction in financial law were highlighted; a comparison of determining transaction price specifics in public procurement, in controlled transactions, and also during customs valuation was made; the judicial practice on the transaction price determination in financial law was reviewed; prospects of legal regulation of the transaction price determination for fiscal and other public needs were identified. The methodology of the work includes the use of general scientific research methods: analysis, deduction, classification, induction, comparative analysis, description, and private-scientific methods: a formal legal method, a method of legal modeling. It was revealed that the transaction price determination in financial law has similar legal regulation methods, mechanisms for its determination and control; general principles for the transaction price determining were highlighted; to solve the problem of ambiguity in applying the methods for the transaction price determining there is a need to develop methodological recommendations by the Ministry of Finance in the form of a by-law act for controlled transactions and valuation of customs value. For the application of such rules, appropriate amendments were proposed to the Russian tax and customs legislation.