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№ 17 June 1999 |
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FROM THE
EDITORS
Summer has begun. What is the difference
between a businessman and a customary Belorussian resident? There are some
differences. (Businessman from a word "enterprising", enterprising
- knowing how to undertake something in the necessary moment, quick-witted
and practical (dictionary of S. I. Ozhegov page 571). A businessman always
looks at some years forward. A businessman in any situation remains a man, in
case of troubles and failures he always finds a solution of a problem. The
most interesting thing is that the troubles make a businessman stronger and
the adopted solutions are so original and non-standard that you begin to be
surprised. Your chairman was in prison. Who was there will understand me.
People there became weaker. Atmosphere of lawlessness and deprivation of
rights, degrading of human advantage, tortures physical and intellectual,
famine, unsanitary conditions ... The attacks «white fever» and epilepsy
happen in bars for "patients" of chambers some times per day,
terrible smell, draughts, the illumination is practically absent. If someone
will dare to complain he risks to be beaten by the keepers of the order (they
will make "swallow" and (or) will add some days of arrest). It is
the pipeline to transform people to stupid animals. It was necessary there to
begin to establish order. To the end of my 13 day arrest the security guards
became much more polite and neighbours in the bar – more politically
educated. The security guards would be happy to behave better but the heads
of DDIA does not allow. There is a medieval wildness. It will be useful to
put all workers of DDIA to prison for 10 days on the conditions which they
synthetically have created for the citizens of the Republic of Belarus. We
will have a lot of work (we will submit the claims to courts and we have
already submitted about 40 petitions in the different ministries and offices
on conditions of the contents and feed of the people who are under
administrative arrests). Alongside with zero-answers the positive changes in
this special receptor have begun - barrels to drink from are established, the
soap appeared, the checks of places of the contents of the prisoners by
different offices have begun. The new rule about conditions of the contents
of persons who are under administrative arrest is developed. It is just the
beginning. We have a wide experience of work with the bureaucrats and we all
the same shall force them to contain there people according to the working
norms. After my remark they have stopped to torture people at night in the
building of October DDIA of Grodno. The most important thing is that people
who are in prison have heard about the rights for the first time. If your
chairman of the trade union has not got nobody would raise this problem. Now
about this “office” people everywhere in the world know, AIA «squeezing by
teeth» starts to turn to people’s problems. People in different way think
about vagabonds, alcoholics and drug addicts but they are also people with
the fates. Many of them have families. To scoff and to mock at them is
allowed to nobody. We spent a lot of time
to prepare the project to create the republican businessmen’s structures,
render free of charge legal help to prisoners etc. As it is clear even in a
captivity it is possible and it is necessary to remain yourself. Unite. Be
with us, we know what we do, we have own program of actions and you,
enterprising people, are the main force in it. The actions we co-ordinate
with trade unions of workers, public and other organisations. Remember that
in this state there are no laws and there are decrees and orders on which you
can be attempted to be destroyed at any moment. The only counterbalance to
this are trade unions. There are no
unsuccessful measures. From everything it is possible to extract the
advantage. It is necessary to struggle for the rights. And to struggle
permanently. Each of you separately can not do this. The trade union has such
a capability. The actions of the protest is an enforced measure but very
effective. Today the authorities go towards to us (or pretend that go)
everywhere in the republic. Let's see. All world laughs at our governors -
people want to work and the state hinders them. OFFICIALLY MAY MINSK 1999
he protocol of
conference #7 of the leaders of businessmen’s and trade-union structures of
RB The agenda 1) Report from
regions. Arguing of problems of the businessmen engaged in the personal
labour activity. 2) Preparation of the
all-belorussian action of the protest. Acceptance of the main requirements. 3) Acceptance of the
applications 4) Miscellaneous 1) Listened: the reports
from regions. All speakers marked a sharply - negative attitude of local and
republican authorities to the development of business in our republic.
Everywhere racket of bribes by the workers of tax inspections, militia,
managements and different inspectors is advanced. All activity of the state
is directed to suppress the development of private business. The exception is
the businessmen’s structures paying bribes regularly or having "the
roof" in controlling bodies or hiring by the employees of these
controlling bodies. The actions of the authorities directed to create
synthetic obstacles to the businessmen when they realise the businessmen’s
activity are, in opinion of speakers, not permissible. Decided: 1) To recognise: - outrage of the local
inspectors government bodies and control as invalid at realisation of checks
of the businessmen in the field of certification, hygienic registration,
collection of bribes and other payment, at instituting to the criminal
responsibility for repeated minor offences. -
Illegal practice of
bodies of militia and tax inspection to execute provocations of offences
through false persons and compulsion of businessmen to undertake illegal
actions. The rule on which the
businessmen engaged in personal trade-purchasing activity have not registered
for about one year is the breach of the constitutional Law of the citizens on
free choice of an occupation and right to work. Vote: for solidly 2. To support the
requirement of the Vitebsk businessmen in their requirements to renew the
realisation of the goods at the markets of city «on the commodity reports»,
to include this requirement in all-republican requirements to distribute this
experience everywhere in the republic. Vote: for solidly 3. To recognise the
work of the prosecutor's office and bodies of militia on protection of the
citizens against rackets and other illegal particular from the part of
persons executing the control and check in the sphere of business on behalf
of the state as unsatisfactory. Vote: for solidly 4. To pay attention of
the government of the country and president to that circumstance that tax and
other legislation in the sphere of small business has accepted the ugly
forms. Trial functions of this legislation is not the replenishment of the
budget, creation of new work places, development of business and welfare of
people but creation of soil for extortion of bribes and maintenance narrow
mercenary interests of departments. And the initiatives from the state bodies
(from below) about change of this legislation, go, as a rule, from bribe
takers themselves to give themselves large rights and authorities at
realising of illegal activity by them. Vote: for solidly 5. To condemn actions of
the Grodno authorities on prosecution of the leaders of the Grodno trade
union of businessmen Valery Levonevsky and Alexander Vasiliev for the attempt
of the peace solution of economical dispute between the businessmen of Grodno
and Grodno municipal executive committee. To estimate actions of the
authorities on illegal conviction of Valery Levonevsky to the 13-day arrest,
prosecution of A. Vasiliev and injuring without reason his wife Natalia
Vasilieva by employees of the Grodno regional department of financial
investigations as illegal and criminal with all consequences for these
representatives of the state authority and control. Vote: for solidly 2) Listened: About
preparation of all-belorussian action of the protest. Acceptance of the main
requirements. Decided: 1. To begin the
preparation to the all-belorussian action of the protest from 01.07.99. In
case if the action of the protest begins stop payment of taxes and other
payments. The final solution on the beginning of the action of the protest should
be accepted not later than 20.06.99 according to results of the talks with
local and republican authorities. To bind the chairman of the republican
trade union of the businessmen Valery Levonevsky to prepare the applicable
measures and documentation on this action. To make the chairmen of the
applicable regional patterns accountable to realise the action of the protest
in regions, according to appendix # 3 of this protocol. To assign a working
group to have the talks with the government and other state bodies having
give it the appropriate authorities according to appendix # 4 of this
protocol. Vote: for solidly 2. To approve the main
requirements to republican and local government bodies and control - To cancel the
requirements on obligatory certification and hygienic registration at the
markets. The realisation of the goods can be done with a checkmark «the goods
is not certificated in RB» (on an example of the realisation goods of the
confiscated at the custom-house). To leave a rule on voluntary certification
of the goods. The certification of the goods should be cheap and accessible. Admission of the
certificates of countries - producers or suppliers without additional
registration in the Republic of Belarus. The Council of
Ministers should entrust the Ministry of Foreign Affairs to conclude the
agreements with neighbouring countries (including Turkey, Poland, China,
Russia) about a mutual admission of the certificates (without mandatory
obligatory additional certification of the goods). - To cancel rules of
the laws, decrees and decrees of the President of RB permitting on formal
tags to except gratuitously asset (goods) from the citizens and persons
engaged in the businessmen’s activity. - To result tax and
other legislation in the field of small business in conformity with the
international standards (using model of Poland or Turkey) - Cancel the fly-off
slips (a slip should to be given only if a buyer demands as the document
verifying the purchase) and obligatory bookkeeping of the registration for
persons paying the fixed rates of taxes. Before fulfilment of this point the
system «of the commodity report» positively recommending itself Vitebsk (time
of performance – immediately) should be entered in all markets of the
Republic. The notice: to fulfil this point the will of the republican and
local tax organs is only sufficient and changes in the current legislation
are not required) - To solve the problem
of the free purchase of currency to businessmen in the Republic of Belarus, to
permit sale of the goods for foreign currency. According to the example of
the Republic of Poland create favourable conditions for multiple opening of
private currency-exchange points. The licence to buy and sale the currency
should be easily accessible and cost no more than 10 MW per one month (as a
kind of the businessmen’s activity). - To bind the
managements of the markets of cities at participation of the trade unions of
businessmen and bodies of the local authority to elaborate the standard
agreements on rent of trade places by the businessmen for the period to 1
year according to the law of RB «About rent» To stop criminal
prosecution of businessmen for repeated small administrative breaches
(article 160.1 of CC of RB) Vote: for solidly 3. To approve the
additional requirements according to the appendix # 5 to this protocol. Vote: for solidly 3) Listened: About
acceptance of the applications. Decided: To accept the
applications applied to this protocol and to consider them as the judgement
and will of this conference. Vote: for solidly 4) Listened:
miscellaneous. 4.1. About the
bulletin of the businessmen of the Ware market in village
"Southern", Grodno. Decided: To distribute
the bulletin "Businessman" at all markets of the Republic of Belarus.
To conduct a number of measures connected with financing and other
maintenance of this project according
to appendix #6 of this protocol. To begin the activity to create an
all-republican bulletin on the basis of this issuing. Vote: for solidly 4.2. About the actions
of the protest spent in Minsk Decided: to support
the actions of the protest spent in Minsk in June - August 1999 activly,
having put forward thus the economical requirements connected with the
development of business and protection of economical and other rights of the
citizens. Vote: for solidly 4.3. About the
republican trade union of the businessmen Decided: To entrust to
the leaders of regional trade-union organisations to submit lists to
registrate the republican trade union till 01.07.99. The abstract is valid,
The chairman of
conference is Valery Levonevsky THOSE WHO WANT TO TAKE
PART IN CREATION AND FINANCING OF THE REPUBLICAN TRADE UNION OF THE CITIZENS
- BUSINESSMEN AND PERSONS WORKING ON HIRING, REGULARLY RECEIVE THIS BULLETIN,
SEND ANY MESSAGES CAN ADDRESS TEL. \FAX (0152) 72-00-72, 31-30-62, 230023,
GRODNO, STEFAN BATORY STREET 8-201 (THE HOTEL "NEMAN") for the
letters 230005, Grodno subscriber box
63, E-mail: levonevski2000@mail.ru, (Surname, Name, Patronymic, place
of activity, registration (residing), tel. at home \working is necessary to
point). MEETINGS
31.05.99 in Minsk the
working meeting of Valery Levonevsky and a Congressman of the USA from the
State of Connecticut Sem Geideson was held. The parties discussed problems
connected with the development of democracy in the Republic of Belarus,
further joint steps to renew the democratic institutes and to create
legitimate government bodies in long-suffering Belarus. Sem Geideson marked
that fact that he had not met with the representatives of the national
Assembly of RB as this body is not recognised by the international community.
The Congressman was very surprised with our licensing illegal system to
realise peace meetings, pickets and congresses. The special interest for the
present American visitors was called by the fact of the arrest of Valery
Levonevsky for realisation «of the unauthorised meeting» and by the story
about inhuman conditions of the contents of the political prisoners in
prisons and other “offices” of MIA of RB. The representatives of the embassy
of the USA, outstanding political figures (Sharetsky, Vecherka, Bogdankevich,
Shushkevich, Yulia Chigir) took part in the meeting. The participants of the
meeting marked that Belarus on reprisals has returned to 1937 and it is
necessary to receive urgent and rigid measures concerning military men and
other criminals executing a terror against the own people. The speakers
marked that circumstance that after 20.07.99 A. Lukashenko loses the power
and becomes the unemployed. The question - answer
Question: How was the
history with provocations against Alexander Vasiliev and his wife finished? Answer: While in
anything. But we are full of optimism. A situation while is under our control. Question: what do you
think what will the authorities do further to influence the leaders of the
trade union besides that the chairman of trade union was arrested? Answer: Probably will.
But we have got used to this already. Weekly calls to the prosecutor's
office, AIA, courts, searches, arrests, confiscation of property are not full
artful set of the authorities against your chairman. By the way, while Valery
Levonevsky was in prison it appears that he called to the economic court and
fined the financial sanctions for 1995 (about 20.000 dollars in the prices of
1995). The decree came into
effect from the moment of acceptance and about its (Solution) existence he
learned when they came to confiscate property (a car). Financial and other
sanctions are exhibited on a standard scheme - all commodity turnover is
admitted by the tax organ as the clean income, the purchasing documents do
not taken into the account and all sum of costs to purchase the goods is
considered as the hidden income. In courts these business are put on the
pipeline and presence "of a debtor" is optionally. Let them take, these
robberies of the citizens are planned. And we still shall earn. The treasury is empty
have plundered. The plants do not work. The only source of the constant
income for a present evil-governors is the property of the citizens. Question: Why did
Vitebsk strike, what have they achieved? Answer: businessmen at
the markets in Vitebsk traded on the commodity reports. In June they were
canceled. The businessmen were indignant. The commodity reports have been
returned. The notice the
commodity report is the simplified system of the registration, practically
eliminates the slip-criminal system of the registration. Question: What should
we wait from the certification? Answer: They promised
not to have any businesses with us in the certification till 1.09.99. To
trust them or not is your choice. But the problem should be solved radically.
A lot of depend on events which will occur after 20.07.99. If everything is
as we plan, the problem of certification of the goods at the markets will
never to exist. Legal page
We begin a selection
of the documents connected with the certification, the material is very large,
if you have any questions then ask. We are preparing one large selection on
the certification. Collect our issues and you will have full selection of all
documents connected with the certification. Today we shall begin from the law
which made so many problems to all of you. ABOUT CERTIFICATION OF
PRODUCTION, ACTIVITIES AND SERVICES The Law of the Republic of Belarus from September
5, 1995 N 3849-XII This Law establishes
legal basis of obligatory and voluntary certification of production,
activities and services in the Republic of Belarus, regulates legal relations
arising during the certification and also rights, duties and liability of the
participants of the certification. SECTION I. THE GENERAL
PROVISIONS Article 1. A SPHERE OF
ACTION OF THIS LAW The action of this Law
is distributed to firms, offices, organisation irrespectively of forms of
ownership and kinds of activity operating in the Republic of Belarus and also
to the citizens — subjects of the businessmen’s activity. Article 2. THE LEGISLATION
ABOUT THE CERTIFICATION The relations in the
field of certification are regulated by this Law and other acts of the
legislation of the Republic of Belarus issued according to it. Article 3. CONCEPTS
USED IN THIS LAW Certification of
production - activity of the appropriate bodies and subjects of managing to
prove the conformity of the production to the requirements established by the
normative acts and particular standards or other normative documents on
standardisation. Production — outcome
of activity or processes. Service — outcome of
direct interplay of the supplier and customer and internal activity of the
supplier to satisfy the needs of a customer. Mandatory certification — activity
of the appropriate bodies and subjects of managing to prove the conformity of
the production to parameters which provide the safety for life, health and
property of the citizens and also environmental protection and other
parameters established by the legislation of the Republic of Belarus. The voluntary
certification — activity of the appropriate bodies and subjects of managing
to prove the conformity of the production to parameters on which the
legislation of the Republic of Belarus realisation of obligatory
certification is not stipulated. The certificate of
conformity — the document issued by rules of the system of certification to
prove the conformity of the certificated production to the requirements of
the normative acts and the particular standards or other normative documents
on standardisation. The sign of conformity
- registered in the established order sign which according to the rules of
the system of certification confirms conformity of the production marked with
it to the requirements of the normative acts and particular standards or
other normative documents on standardisation. System of
certification — a system arranging own rules of procedure and control to
realise the certification of the production. National system of
certification of the Republic of Belarus - system of certification
established by the republican body on standardisation, metrology and
certification and working in the Republic of Belarus. Body on certification
— a body executing the certification of commodity in a National system of
certification of the Republic of Belarus. Republican body on
standardisation, metrology and certification - body of the state
administration on realisation of a unified state policy in the field of
standardisation, metrology and certification, representative by the President
of the Republic of Belarus according to the Rule about this body approved the
Cabinet of ministers of the Republic of Belarus. The accredited test
lab - test lab received the official sanction to realise particular tests
with the purposes of certification. Continuation in the
following issue How are prisoners kept
behind bars or CONTINUATION OF THE TOPIC
I think that this subject started in 16
number "of Businessman" has interested many our citizens As they
tell: «One is never safe from misfortune and mishap». Each of you, your
native and close can be in such conditions. While you are at freedom, you still can
try to change a situation in these organisations to the best. Especially, the
conditions which are created in the special waiting-room "with the
help" of the local chiefs of DDIA and the executive committee,
contradict our internal legislation and international obligations of Belarus.
So we should force these people who are obliged to protect our right and
interests to carry out the official duties. We pay taxes. They, separate
militiamen, workers of tax committee etc. are furuncles on our labour neck.
Today a militiaman receives from 20 till 60 million roubles per one month, an
engineer, a worker - no more than 10 million roubles. So they do nothing and
get in 6 times more than our worker. And they dare to scoff at this man who
actually maintains them. We shall make the most part of correspondence on
this question on your court public. So, we shall continue. The underwritten
letter is addressed to the authorities of city, AIA, republican authorities
and, certainly, A. Lukashenko. We are offended with the conditions
under which the persons, under administrative arrest are kept in the special waiting –
room of the October DDIA in Grodno In the special waiting-room of October
DDIA in Grodno all sanitary and other norms concerning the persons who are
under administrative arrest and established by the legislation, are broken. So, in particular: In rooms designed for 2-3 men, 10-22 men
live simultaneously. In the same room they sleep, eat, satisfy natural needs.
Completely there is no water to wash their faces and hands in cells. People
sleep on a cold naked floor, not wash their faces, hands and bodies by hot
water when they are in the cell (about two months). Water to drink is only
unboiled, everyone drink water from one tankard which is never washed. The
soap and toilet paper are absent. It is allowed to visit the lavatory only
once per day and under an escort. The unsanitary conditions promote
development of infections and distribution of infectious diseases. Any high-grade medical control over
those who are in the special waiting-room is absent. The people suffering
from the gastric ulcer, those who get over the Botkin’s disease and other
illnesses, healthy people and people suffering from the infectious disease
are in one small room, sleep on a naked floor. And they are compelled to
sleep on one side because of the narrowness. To turn on other side it is
necessary to wake the neighbour. People without certain place to live,
criminals, people who are dependent on drugs and alcohol sit in one cell,
"patients" practically daily have attacks of epilepsy or white
fever. The light in the cells is bad, drafts,
stench from decomposed wet, excrements, dirty bodies and clothes, it is cold
there in the cold time of day, and in summer there is an intolerable heat. People eat once (!!!) per day - one
spoon of porridge and some spoons of a soup, the grocery parcels are
forbidden. Such norms established in the special waiting-room not only
humiliate the human advantage, but also destroy health of people. The inhuman shouts of people who are
tortured at 30-31 study of October DDIA from 8 o’clock in evening till
morning and ask about mercy do not decorate a picture of the keeping in this
special waiting-room. In the special waiting-room there is no
any documentation stipulated by article 7 of the Law of the Republic of
Belarus «About the protection of the rights of the consumer». Administration
of DDIA and special waiting-room refuse to show the documents regulating the
order and conditions of the keeping of people under administrative arrest,
substantiation of the above mentioned norms of feeding and other documents
concerning the belonging of the enterprise (special waiting-room), its
activity and documents concerning the rights of the citizens under arrest
when they are demanded by the citizens contained under arrest. Despite of it, the citizens pay 100.000
per day in the voluntary - compulsory order for "the services" in
the special waiting-room in addition to money which are given by the state on
the keeping under arrest. They are not practically brought out to work.
In particular, the author of these lines who was under the administrative
arrest was not brought out nor to work neither to walk for 13 day. Though on
CAR of RB they were obliged to involve to work. The prohibitions on parcels
including grocery, a prohibition on the appointment with native and close
people, a prohibition on calls, a prohibition on getting of the books etc are
not clear. Such attitude to people who are under
administrative arrest is proved by nothing, as this citizen has all civil
rights stipulated by the Constitution of RB and its laws connected with
protection of health favourable environment for living, right on a high-grade
feed, favourable environment the getting of the information etc. The State is obliged to protect the
rights, freedom and interests of the citizens (articles 2, 21-25 of the
Constitution of RB). These duties (on protection of the rights, freedom and
interests of the citizens who are in the special waiting-rooms) are assigned
to state bodies MIA and local executive authorities by the state. According to item 1 of article 15 of the
Law of RB «About militia», the militia is obliged to accept necessary
measures to protect life, health, honour, advantage, rights, freedom and
lawful interests of the citizens from illegal encroachments. According to item 4 of this law the
militia is obliged: to accept and to register the information about crimes,
other offences and incidents and to react immediately to the applications and messages about them. On the basis of above-stated I OFFER: 1) To stop the above described illegal actions concerning the citizens who are under administrative arrest in the special waiting-room of October DDIA. 2)To provide the persons who are under
administrative arrest with: ·
·
A high-grade
three-single feed (if necessary, for sick people - dietary); ·
·
Visiting of the
lavatory as required, but not less than 5 times per day: ·
·
Not to break sanitary
norms of residing of the people in the cell. In the most conspicuous place it
should be written how many people can be kept in the cell; ·
·
Everyone who are under
administrative arrest should be provide with a separate bed, mattress, linen
and other necessary things (on norms for hospitals or army); ·
·
Complete medical inspection
of the persons who are in the special waiting-room; ·
·
These people should
work or walk on fresh air for a long time; ·
·
Conditions for life
and rest; ·
·
When it is time to
wash body, face and hands not less than once per one week to take a shower
with hot water; ·
·
Favourable ecological
environment for living; ·
·
Drinking water,
separate cup for water; ·
·
Access to hot water
(for morning and evening acceptance of hygienic procedures); ·
·
Easy access to the
documents connected with the conditions of the keeping in the special
waiting-room; ·
·
Paper and pen for the
writing of the of the complaints and applications for the first requirement; ·
·
Normal day time light
in cells; ·
·
Opportunity to use the
TV set, radio-receiver (brought from he
htome); 3)To have a dairy of registration of the oral and
written applications of the citizens in the special waiting-room itself
(18.05.99 there was no such dairy in the special waiting-room, the written
applications were registered in DDIA with the large delay, the oral
applications were not registered at all). 4)To take off the far-fetched restrictions on
parcels including grocery. 5)To stop tortures of people who are in the special
waiting-room and DDIA. To provide not less
than two times per one week the rounds of cells by the workers of the public
prosecutor’s office, the management of DDIA and medical workers. The theme will be
continued in the next issue |
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