THE CONCEPT OF FISCAL CONSOLIDATION: UNDER UKRAINIAN LAW

Abstract

The article is one of the first in Ukraine special studies of the essence and content of the concept of fiscal consolidation of the military paradigm of tax law. It is demonstrated that it became a substantive rethinking under the influence of new historical challenges to Ukraine of the liberal and transitional (mixed) concepts of the military paradigm of tax law of Ukraine and the acquired experience of their practical implementation. In terms of value, this concept was a dialectical denial of the paternalistic components of the liberal and transitional (mixed) concepts of the state's tax law during the period when the full-scale Russian-Ukrainian war moved to the stage of full recognition of all public financial resources of the warring parties, destroying their fiscal sufficiency. The deep meaning and purpose of the concept of fiscal consolidation is a deep and systemic transformation of the traditional tax legislation of the state as a value compromise of taxpayers and public entities into the main fiscal legislation of the state. The conclusions are substantiated that the semantic core of the concept of fiscal consolidation was most concentratedly embodied by the Parliament of Ukraine in the Law of Ukraine “On Amendments to the Tax Code of Ukraine and Other Laws of Ukraine on Ensuring Balanced Budget Revenues during the Period of Martial Law”. An impartial scientific analysis of the above-mentioned Law of Ukraine using a system of anthroposociocultural methods of cognition in conjunction with the general scientific principles of objectivity and historicism convinces that the meaning and content of the legislative core of the concept of fiscal consolidation is as follows: 1) increasing the rate of military levy on income provided for in Article 163 of the Tax Code of Ukraine from one and a half to five percent; 2) establishing the obligation to pay military levy by single tax payers of group III in the amount of one percent of their income; 3) establishing a military levy for payers of groups I, II and IV of the single tax in the amount of ten percent of the minimum wage; 4) determining the term of application of new features of the military levy with its direct link to the termination or abolition of martial law in Ukraine; 5) establishing the basic corporate income tax rate for the purposes of taxation of the profits of non-bank financial institutions (except for insurers) at the level of twenty-five percent; 6) improving the legal structure of determining the amount of advance tax payments and expanding its scope to taxation of profits of enterprises engaged in trading in currency values in cash and retail trade in fuel; 7) transitioning from quarterly to monthly reporting by taxpayers on the amounts of tax payments accrued and paid by them