Problem

2.3.5. Excessive scope of discretionary powers of employees of tax authorities

General information about the problem

Annual public opinion polls show that citizens perceive tax authorities as corrupt organizations. At the same time, there has been a positive trend in this field in recent years, as respondents note a decrease in the level of corruption at these agencies. However, continued improvement of taxation in this area involves eliminating the flaws of tax legislation, as some of its provisions are complex and non-transparent, which gives rise to manifestations of corruption. This is due to the fact that in some cases the legislation provides tax officials with a wide range of discretion.
In particular, a number of subjective factors influence the exercise of powers by officials, since, given the lack of clear legal limits of discretion, the final resolution of a particular situation is often influenced by such factors.
At the same time, Ukraine ranks 130th in the economic freedom ranking among the countries of the world and 122nd in the corruption perception ranking. Senior fiscal officials are periodically named in criminal cases involving various abuses. The state has accumulated significant debts to businesses and has a history of imposing unjustified fines. At least half of the taxes received by the state in the form of payroll taxation are withheld from the salaries of persons financed from the state budget and state-owned enterprises. Relations with tax authorities can be a decisive factor in gaining a competitive advantage in the business environment. It is critical to introduce a set of changes that will reduce corruption risks, discretionary powers of the authorities and guarantee that the state fulfills its obligations to entrepreneurs.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 2
All measures of the SACP
measures, the implementation of which as of 31.03.2024
is about to begin to be completed
3 2 3 1 1
10
Implemented Partially implemented In progress Not implemented Not started
Measures implemented (fully and partially) - 5 (50%)

Deadlines for all measures

01.03.2023 - 31.12.2025

Implementation of SACP measures within the scope of the Problem by main main performers

Ministry of Finance of Ukraine

42.9%
7

State Tax Service of Ukraine

100%
2

Ministry of Economy of Ukraine

0%
1

Achievement of ESR within the limits of the Problem

The total number of OSR – 2

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 2.3.5.1 Unjustified influence of subjective factors during the exercise of powers by officials of the tax authorities has been prevented 2.3.5.1.1. Developing the draft order on amendments to the Procedure of Operation of the Electronic Workspace, approved by the order of the Ministry of Finance dated July 14, 2017, No. 637 pertaining to: a) receipt by a taxpayer of additional fiscal information (information about inclusion in / removal from the list of taxpayers meeting the criteria of a taxpayer with a high risk level, information about suspended registration of tax invoices / reconciliation payments, etc.) about other taxpayers with the prior consent of such individuals, in the form of a document of an established format, in electronic form with the application of the qualified electronic seal of the controlling authority; b) expansion of services available in the electronic taxpayer workspace by launching new electronic services that allow, among other things, correspondence through the electronic workspace between the controlling authorities and taxpayers that submit reports in electronic form and/or passed electronic identification online in the electronic workspace and applied to receive documents through the electronic workspace. Ministry of Finance of Ukraine The measure was implemented on time, but partially Partially implemented
300% 18/ 6
1.2. 2.3.5.1.2. Clearing the draft order indicated in subclause 2.3.5.1.1 with the concerned authorities and reworking the draft (if necessary) Ministry of Finance of Ukraine The measure was implemented on time, but partially Partially implemented
1.3. 2.3.5.1.3. Supporting the state registration of the order indicated in subclause 2.3.5.1.1 with the Ministry of Justice Ministry of Finance of Ukraine The measure was implemented on time and in full Implemented
1.4. 2.3.5.1.4. Developing software for expansion of the functionality of the electronic workspace by launching the services indicated in subclause 2.3.5.1.1 State Tax Service of Ukraine The measure was implemented on time and in full Implemented
1.5. 2.3.5.1.5. Putting the functionality indicated in subclause 2.3.5.1.4 into commercial operation State Tax Service of Ukraine The measure was implemented on time and in full Implemented
1.6. 2.3.5.1.6. Drafting and submitting to the Cabinet of Ministers of Ukraine the draft laws on amendments to the Tax Code of Ukraine, the Customs Code of Ukraine, the Budget Code of Ukraine, and the Law of Ukraine On Collection and Accounting of the Single Premium Towards Compulsory State Social Insurance, which provide for: 1) implementation of comprehensive measures that would guarantee fair competition among taxpayers; 2) ensuring that the government’s guarantees for taxpayers are honored beyond the influence of the subjective factor of officials and the associated corruption risks; 3) fostering the improvement of indexes of business expectations and economic freedom of entrepreneurs. Ministry of Economy of Ukraine The measure has not been implemented Not implemented
2.1. ESR 2.3.5.2 The list of grounds for tax audits by the tax authorities has been reduced, as well as the number of audits involving direct contact with the taxpayer 2.3.5.2.1. Conducting expert examinations of the draft law proposing amendments to the Tax Code of Ukraine pertaining to the frequency and procedure of scheduled documentary audits Ministry of Finance of Ukraine There is no progress in the implementation of the measure In progress
0% 0/ 4
2.2. 2.3.5.2.2. Using the findings of expert examinations to prepare expert opinions pursuant to Article 27 of the Budget Code of Ukraine and expert opinion on the merits of draft laws containing the provisions indicated in subclause 2.3.5.2.1 Ministry of Finance of Ukraine There is no progress in the implementation of the measure In progress
2.3. 2.3.5.2.3. Supporting the consideration of the draft laws indicated in subclause 2.3.5.2.1 in committees of the Parliament of Ukraine and during plenary sessions of the Parliament of Ukraine Ministry of Finance of Ukraine There is no progress in the implementation of the measure In progress
2.4. 2.3.5.2.4. Preparing proposals regarding the expediency of the exercise of the president’s veto right with respect to the laws indicated in subclause 2.3.5.2.1, which have been passed by the Parliament of Ukraine Ministry of Finance of Ukraine Implementation of the measure has not started Not started

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: