The Right to Appeal an Act and Its Limits
A tax dispute always begins with a concrete act — an assessment of tax, a fine or another individual decision — and therefore the first question concerns the nature of the act: who issued it, what kind of decision it is and by which route it is appealed. The notion of an independent organ is decisive in this context: if the act belongs to such an organ, the administrative stage is excluded and the case goes directly to court.
An interested party has the right to appeal an administrative-legal act issued by an administrative organ — the pillar of the tax dispute process. Breach of the term established for issuing an act is deemed a refusal to issue and is appealed under the same rules; an action not connected with the issuance of an act is likewise appealable. A decision taken in the course of administrative proceedings is not separately appealable, unless directly provided by law or unless it independently violates a person's right. The limit is set by Article 161: an administrative complaint against an individual act of an independent organ is inadmissible in a superior instance — it may be challenged only in court.