Document Type : Article

Author

Associate Prof., Department of Law, Faculty of Law & Social Sciences, University of Tabriz, Iran

10.22059/jplsq.2023.352466.3235

Abstract

Article 244 of the Direct Taxes Act was amended in 2021. There have been developments in this article that deserve to be discussed in this article. In this regard, the question of the present article is: From the perspective of public law, with the amendments made in 2021, what are the most important legal criteria in Article 244? In answer to this question, using the research method: descriptive-analytical, the following conclusion has been reached: First; it seems that in the context of these amendments, the legislator has moved away from the classical tradition of documenting and, where appropriate, has specified legal principles and criteria in the text, so that within the framework of this article, explicitly or implicitly up to 20 legal principles can be extracted. In the tradition of tax law, however, the tax provision of this volume of legal principles or criteria in an article is unprecedented. Secondly; some legal criteria and principles can be clearly extracted from the text. Thirdly; some of them can be deduced from the context of the article. Fourth; despite the legislature's commendable efforts in this style of legislation, some of the principles envisaged in this article seem to be ineffective from the outset due to competing mechanisms in the same article and in that sense, this amendment deserves to amendment again.

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Main Subjects

  1. English

    1. A) Books
    2. Cane, P. (2009). Administrative Tribunals and Adjudication. Oxford, Hart Publishing.
    3. Fuller, Lon, L. (1969). Morality of Law. New Haven: Yale University Press.
    4. Smith, Rogers M. (2002). Modern Citizenship. In: Isin, Engine, F. & Turner, Bryan S., (ed) Handbook of Citizenship Studies ( 105-116) London: Sage Publication.

     

    1. B) Articles
    2. MacDonald, C., MacDonald M. & Norman W., (2002). Charitable Conflicts of Interest. Journal of Business Ethics, 39(1-2), 67-74.
    3. Puscasu, A. L. (2014). Conflict of Interest Offence. Lex ET Scientia International Journal, 21(1), 133-139.

     

    References in Persian:

    1. A) Books
    2. Aghaee Tough, M., & Lotfi, H. (2022). Administrative Law. Tehran: Dadghostar (In Persian).
    3. Ansari, B. (2020). Principles and Techniques of Legislation. Tehran: Dadghostar (In Persian).
    4. Beygzadeh, (2019). Law Writing Methodology, Tehran: Research Center of the Islamic Consultative Assembly (In Persian).
    5. Chevallier, J. (2017). Post-modern State. Translated by: Seyed Mojtaba Vaezii, Tehran: Majd Publications (In Persian).
    6. Fanazad, R. (2017). Quasi-judicial authorities. Tehran: Khorsandi Publications (In Persian).
    7. Kunnecke, M. (2022). Comparative Administrative Law. Translators: Khdijeh Shojaeian & Negin Shafiei Bafti, Tehran: Majd (In Persian).
    8. Mahmoudii, J. (2011). Analytical study of administrative proceedings in Iranian law. Tehran: Khorsandi Publications (In Persian).

     

    1. B) Articles
    2. Eng, S., (2012). Legislative Inflation and the Quality of Law. Majlis & Rahbord, Translated by: Hassan Vakilian, 13(54), 210-191 (In Persian).
    3. Mulaee, A. (2021). Exploring to The Concept of Justice in repeated Article 251 of the Direct Tax Act. Journal of Tax Research, 47, 109-127 (In Persian).
    4. Mulaee, A. (2023). The Duties of the Supreme Tax Council in Handling Objections from the Votes of Tax Dispute Resolution Boards. Quarterly Journal of Public Law Knowledge, 12(40), 139-164 (In Persian).
    5. Rahmatollahi, H., & Yazdizadeh Alborz, F. (2020). Quarterly Journal of Legal Research, 86, 168-147 (In Persian).
    6. Rostami, Vali and Pour Rezaee Fashkhami, M. (2018). Analysis of the Legal Nature of tax Litigation Subject to Repeated Article 251 of the Law on Direct Taxes. Journal of Tax Research, 36, 81-105 (In Persian).
    7. Tavassoli Naeini, M., Khosroshahi, G., & Nasrollahi, Z. (2016). The Principle of Equality of Arms in Preliminary Investigation Phase in Iranian Criminal Procedure Code 2013 and International Human Rights Instruments. The Judiciary Law Journal, 94, 71-94 (In Persian).
    8. Vakilian, H., & Markaz Malmiri, A. (2016). Introduction to the Philosophy of Legislation; In an effort to improve the quality of legislation. Public Law Research Quarterly, 18(51), 54-29 (In Persian).