Parafiscalities: Problems and Prospects of Legal Regulation
Victor V Ignatenko, Natalya V Vasilyeva, Yulia V Pyatkovskaya
Abstract
The article refers to investigating problems of legal regulation of parafiscal payments and ways of their solving. It marks the increasing number of payments as well as strengthening scientists’ interest to the issue in recent years. However, it has not led to legal regulation improvement of the sphere. While studying the issues the authors use the conceptual approach to consider the obligatory payments accumulated out-of the budgetary system as "parafiscalities" that is supported by law enforcement practice. Analyzing the main characteristics of parafiscal payments, the authors compare them with taxes and levies, separating the last, first of all, according to the purpose of establishing and collecting ones, that are excpected to satisfy not the state (municipal), but other public social or economic interests. The article also reveals negative sides of current parafiscal system that are mostly caused by legal regulation insufficiency in the sphere. In addition, it highlights the necessity of legislative definition for basic fundamentals to establish, introduce and levy payments providing public and private interests balance and that will ensure protection of payers’ rights who make parafiscal payments. The article also raises the problem of strengthening the financial control over the parafiscal payment system that is also possible only in case of complex legal regulation of all obligatory payments coming to the decentralized public funds.