| Abstract [eng] |
The article is devoted to the analysis of tax litigation process in accordance with procedurial principles of tax disputes‘ resolution. The issues like identification of procedurial principles of tax disputes' resolution, analysis of conception of procedurial principles, legal regulation, are examined in this article. Also the author analyzes relationship between procedurial principles and specific tax law principles. The procedurial principles of tax disputes' resolution analysis begins from eduction tax litigation process conception incase to realize proportion between procedurial principles and whole tax litigation process. Therefore tax litigation process conception, pre-trial and trial tax litigation process is briefly and concentrically reviewed. The particular attention is given to the analysis of several procedurial principles of tax disputes' resolution (rapidity, equality of party rights, objectivity, process publicity) and tax law principles (content‘s precedence over the form, tax law indeterminations and contradictions are interpreted to the tax payers interest) presentation. The following tax law principles were taken because of their relationship with tax litigation process. There will be overviewed some most commonly problems, arising in realization and application of procedurial principles of tax disputes‘ resolution. The analysis of the subject is based on the review of jurisprudence of the European Court of Justice, the Supreme Administrative Court of Lithuania, legal regulations of Taxes administration Law and Law on Administrative Proceedings, etc. and legal doctrine. |
