Некоторые аспекты акцизного налогообложения в Российской Федерации
The numerous changes implemented in the Russian Tax Code are imposed by the demands of Russian economic developments that are currently taking place altogether in Russian society. Yet the analysis of tax legislation unveils the fact that the amendments which clarify the incorrectness in a legal regulation of the tax of one kind or another frequently generate the new gaps and contradictions in the case law. One of the major issues of the tax legislation is considered to be the fact that the tax regulations are enacted in isolation from the civil legislation and without consideration of the economic analysis of the business activities and of the impact of particular taxes imposition on the taxpayer's property status. Such conclusions are drawn on a basis of the analysis of the synthesis of the excise taxation practice in a field of refining and oil products sale in terms of one of the largest fuel and energy complex. As it follows from the case law the system of the excise taxation currently in force is quiet complex, awkward and ineffective from the fiscal point. The excise tax differs in the fact of the complex method of its imposition. The court practice testifies that provisions of the Chapter 22 of the Russian Tax Code are unable to specify clearly the basic elements of the taxation in respect of those civil matters and relations arisen between the possessors and processors of the hydrocarbon material over the long period of time. The issues of realization of principle of the definition, transparency and noncontradiction of tax regulations have become the key issues of the tax legislation reforming. A number of enacted amendments are aimed to resolve the short-term practical problems. Nevertheless, any reform and review of tax legislation demands the fundamental theoretical research of the phenomena. Being considered as the federal taxes the excise taxes contribute the local budgets for the purpose of the budget balance. The development of legislation in respect of excise taxes in isolation from the rest of the Russian legislation and current business environment makes the excise taxation a deterrent on the way of oil refining development in Russia. The historical experience shows that the indirect taxes take a significant place in the Russian taxation system and serve as the reliable source of the generation of state budget revenues. Subsequently, any changes in a scheme of payment of those taxes can be very sensitive. It is obvious that the issues described above shall be considered with account of further improvement of the Russian tax legislation for the purpose of balancing the interests of the taxpayers, society and state and improving stability of the budget and securing balance of the budget system.