Features of the Process of Evidence in Criminal Cases Evancation of Payment for Taxes from Organizations





tax evasion, process of evidence, criminal case, tax crimes, investigation, evidence, tax audit, criminal prosecution


Objective: The study of the features of the process of proof in criminal cases of tax evasion from organizations.


Theoretical framework: Theoretical materials were based on international scientific publications, reports, and scientific papers. And also for a more complete and objective presentation of the problem being studied, practical materials from criminal cases were used.


Method: It is a method to analyze the knowledge of the general patterns that characterize the evidentiary process in criminal cases of tax evasion. The methods of deduction and inducement made it possible to highlight the problematic aspects and characteristics of the investigation of evidence in criminal cases of tax evasion in criminal cases of tax evasion.


Results and conclusion: Different points of view on the determinants of tax crimes are taken into account, taking into account macro factors, moving to microregulatory factors and moving to an additional need for sanction of some tax evasion actions.The author concludes that there is a need to improve the standards of legislation in order to deal effectively with tax offences.


Originality/value: In criminal cases of tax evasion, the characteristics, procedure and mandatory points of the proof process of the entities are analyzed, which will allow us to identify many relevant circumstances. This type of crime greatly damages the budget of the Kazakhstan, and nowadays it has a great tendency for the problems of investigating tax crimes and one of its most dangerous manifestations, tax evasion, to be significant.


Bernasconi, M., Levaggi, R., & Menoncin, F. (2019). Dynamic Tax Evasion with Habit Formation in Consumption*. The Scandinavian Journal of Economics, 122(3), 966–992. https://doi.org/10.1111/sjoe.12365

Dubrovin, V. V. (2019). Problems of proving guilt in criminal cases in connection with tax evasion. Actual Problems of Russian Law, (3), 170–176. https://doi.org/10.17803/1994-1471.2019.100.3.170-176

Eriksen, K., & Fallan, L. (1996). Tax knowledge and attitudes towards taxation; A report on a quasi-experiment. Journal of Economic Psychology, 17(3), 387–402. https://doi.org/10.1016/0167-4870(96)00015-3

De Lima, L. G. C. F., & Maciel-Lima, S. M. (2021). Direct Aid: International Cooperation Against Laudering of Assets and The Crimes that Precede it. Journal of Law and Sustainable Development, 9(1), e724. https://doi.org/10.37497/sdgs.v9i1.78

Gao, Y., Shi, B., Dong, B., Wang, Y., Mi, L., & Qin, Z. (2021). Tax Evasion Detection with FBNE-PU Algorithm Based on PnCGCN and PU Learning. IEEE Transactions on Knowledge and Data Engineering, 1. https://doi.org/10.1109/tkde.2021.3090075

Holkova, B., Malichová, E., Falat, L., & Pancikova, L. (2023). Determinants of Tax Ethics in Society: Statistical and Logistic Regression approach. Mathematics, 11(10), 2341. https://doi.org/10.3390/math11102341

Krasniqi, F., & Jusufi, G. (2022). Tax evasion as a criminal offense in developing countries: Some perception from business organizations. Corporate Governance and Organizational Behavior Review, 6(4, special issue), 314–327. https://doi.org/10.22495/cgobrv6i4sip12

Levaggi, R., & Menoncin, F. (2023). Tax evasion and debt in a dynamic general equilibrium model. Economic and Political Studies, 1–19. https://doi.org/10.1080/20954816.2023.2179957

Monteschio, H., & Teixeira, A. H. G. (2021). The Incompatibility of Criminal Non-Persecution Agreement with the Brazilian Penal Processual System. Journal of Law and Sustainable Development, 9(1), e706. https://doi.org/10.37497/sdgs.v9i1.77

Sutrisno, T., & Dularif, M. (2020). National culture as a moderator between social norms, religiosity, and tax evasion: Meta-analysis study. Cogent Business & Management, 7(1), 1772618. https://doi.org/10.1080/23311975.2020.1772618

Víghová, A. (2022). Detection of tax evasion using tax audits in the Slovak Republic. Entrepreneurship and Sustainability Issues, 10(1). https://doi.org/10.9770/jesi.2022.10.1

* German Tax Code (Abgabenordnung). http://www.gesetze-im-internet.de/englisch_ao/englisch_ao.html/ (access date: 04/25/2023).

** Criminal Procedure Code of the Republic of Kazakhstan (with amendments and additions as of July 24, 2023)

*** Criminal Code of the Republic of Kazakhstan dated July 3, 2014 No. 226-V (with amendments and additions as of September 10, 2023)

**** Tax Code of the Republic of Kazakhstan (with amendments and additions as of 07/01/2023)




How to Cite

Bukenessov, A., Kalmaganbetova, D., Seitzhanov, O., Baikenzhina, K., Otarbaeva, A., & Sidorova, N. (2023). Features of the Process of Evidence in Criminal Cases Evancation of Payment for Taxes from Organizations. Journal of Law and Sustainable Development, 11(8), e1434. https://doi.org/10.55908/sdgs.v11i8.1434

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