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№ 18 June 1999 |
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FROM THE
EDITORS
All-republican
strike of the businessmen intended on 1.07.99 is delayed. Such
decision is accepted on the eighth all-republican conference of the chiefs of
businessman’s structures and organisations. There are some reasons to delay
the strike. The basic of them are: the authorities have turned their face to
the businessmen (or they pretend that they have turned), the terror against
the businessmen is stooped a little bit, we, the businessmen, have decided to
give the authorities one more chance to think. Though, I am sure that they
have nothing what helps them to think. It was necessary to force the
businessmen to organise the strike which would result in the increase of
social tension, in not paying wages and in other phenomena negative for the
country to understand one elementary thing - it is impossible to scoff at the
people especially at people who give the huge income to the state. Think,
100.000 businessmen give, according to the official data, more than 20 % of a
profitable part of the budget (according to the informal - up to 60 % of the
budget), four million of the rest of able-bodied population with all plants,
collective farms, credits, foreign investments etc.-80 % of the budget.
Simple calculations show that one businessman gives for the budget in 160
(hundred sixty!) times more than one average worker. If we take into account
the fact that a businessman has family, does not take anything from the
state, does not get salary, it becomes clear that only with development of
business it is possible to remove country from the crisis (development on
business instead of on words). Instead of development of business the people
who never work at a factory, as a rule, are mentally "near" and who
understand nothing in the economic create rules on which a normal man can not
honestly work. What you should be an idiot (an idiot - man suffering from the
innate feeble-minded, silly man, dimwit, fool, the dictionary of Ozhegov page
231) to enter the mandatory certification on the goods which have been
already certificated or to equal the clean profit and commodity turnover by
the law, to limit the sale of gasoline for the national currency, to
establish, confused registration and re-registration of public organisations,
businessmen, firms which is difficult to overcome, to lead a country which
was very rich some time ago to poverty and international isolation. This
number we devote to the documentation connected with the certification of the
goods and services. The volume of these documents is very great, and we shall
try to prolong this theme in each number. Valery
Levonevsky (photo…) THE LEGAL PAGE.
CONTINUATION. THE BEGINNING IS IN #12,17
ABOUT
THE CERTIFICATION OF PRODUCTION, WORK AND SERVICES. The Law of the Republic
of Belarus from September 5, 1995 N 3849-XII CONTINUATION Article
4. THE PURPOSES OF CERTIFICATION Certification
of the production is realised with the following purposes: To
provide the safety of the production for life, health and property of the
population and also for the environmental protection; To
confirm figures of quality of the production announced by the manufacturer
(seller) to particular normative acts and normative documents on the
standardisation; To
create conditions for the manufacturers (seller) to participate in the
international trade and to increase the competitive strength of the
production; To
protect the republican market from poor-quality and unsafe production which
comes on import. Article
5. SYSTEMS of CERTIFICATION In
the Republic of Belarus the National system of certification created by the
republican body on the standardisation, metrology and certification acts
works and the systems of certification of the production created by others
juridical persons can work on parameters on which the legislation of the
Republic of Belarus does not demand the realisation of obligatory
certification. In
the National system of certification both obligatory and voluntary
certification are carried out, the systems of certification on kinds of the
production and on the separate demands can be created. The
systems of certification of production have their signs of conformity. The
systems of certification and signs of conformity are also the subject to be
registered in the order established by the republican body on the
standardisation, metrology and certification. SECTION
II. OBLIGATORY CERTIFICATION Article
6. OBLIGATORY CERTIFICATION The
obligatory certification is done in the cases foreseen by the legislation of
the Republic of Belarus. The
production on which in the normative acts and certain standards or other
normative documents on the standardisation the safety requirements for life,
health and property of the citizens and environmental protection are
established is the subject for the obligatory certification extremely in the
National system of certification of RB. Nomenclature
of the production which is the subject for the obligatory certification and
terms for the introducing of certification are established in the order set
by the Cabinet of Ministers of the Republic of Belarus. The
realisation in the Republic of Belarus and import of the production which is
the subject for the obligatory certification are prohibited in the republic
without the certificate and (or) the sign of conformity proving the
conformity of the production to the requirements mentioned. Organisation
and realisation of activities on the obligatory certification are assigned on
the republican body on the standardisation, metrology and certification and
in cases mentioned in the legislation of the Republic of Belarus concerning separate
kinds of the production or separate parameters can be assigned to other
bodies of administration government of the republic. Article
7. THE PARTICIPANTS OF THE OBLIGATORY CERTIFICATION The
participants of the obligatory certification are the republican body on the
standardisation, metrology and certification, bodies on certification
accredited test labs, manufacturers (sellers) of the production. Article
8. DUTIES OF BODIES ON THE CERTIFICATION AND ACCREDITED TEST LABS Bodies
on the certification: Carry
out activities on the certification; Give
necessary information to the applicant on his requirement within the limits
of their competence. The accredited test lab (centre) executes tests of the particular
production or carries out particular kinds of tests and gives the protocols
of tests for the purposes of the certification. Article
9. DUTIES OF THE MANUFACTURERS (SELLERS) OF THE PRODUCTION The manufacturers (sellers) of
the production which is the subject for the obligatory certification in the
Republic of Belarus are obliged: -
To
carry out activities on certification of the production according to this
Law; -
To
realise the production when they have the certificate given or recognised by
the body authorised to that; -
To
provide conformity of the production which is realised to the requirements of
the normative acts and certain standards or other normative documents on the
standardisation on which it was certificated and labelling of it by the sign
of conformity established by the law; -
To indicate of the information about the certification, normative acts and
normative documents on the standardisation to which the production should
correspond in the accompanying documentation, to get sure that this
information will be known to a customer (buyer); -
To
suspend or to terminate the realisation of the certificated production if it
does not correspond the requirements of the normative acts and normative
documents on the standardisation on which one it was certificated, and after
the termination of the period of validity of the certificate or in the case
if work of the certificate is
suspended or is undone by the solution of the body on the certification; -
To
help the officials of the republican body on the standardisation, metrology
and certification, other bodies on the certification when activities on the
obligatory certification and on control over the certificated production are
realised; -
To
inform bodies on the certification about changes brought in the manufacturing
documentation or into the manufacturing process of issue of the certificated
production in the established order. Article
10. CONDITIONS OF IMPORT OF THE PRODUCTION The
production which is the subject for the obligatory certification according to
the legislation of the Republic of Belarus at import in the republic should
be accompanied by the certificate and (or) by the sign of conformity
recognised or issued by bodies on the certification of the production. In
the contracts (agreements) concluded on delivery of the production which is
the subject for the obligatory certification in the Republic of Belarus the
presence of the certificate and (or) the sign of conformity proving its
conformity to safety requirements for life, health and property of the
citizens and environmental protection established in the Republic of Belarus
should be foreseen. The
certificates or testimonies on their admission are introduced to customs
bodies of the Republic of Belarus together with the cargo customs declaration
and are the obligatory documents to get the sanction on import of the
production into the Republic of Belarus. The
order of import of the production which is the subject for the obligatory
certification into the Republic of Belarus is established by bodies of the
state government responsible for the customs control and certification. Article
11. THE CONTROL OVER OBSERVANCE OF RULES OF THE OBLIGATORY CERTIFICATION AND
OVER THE CERTIFICATED PRODUCTION The
control over observance of rules of the obligatory certification by bodies on
certification and accredited test labs is executed by the officials of the
republican body on the standardisation, metrology and certification. The
control over the certificated production is executed by the officials of the
republican body on the standardisation, metrology and certification and also
by bodies on certification. The
control over fulfilment of the requirements of the legislation of the
Republic of Belarus about obligatory certification of the production by the
manufacturers (sellers) of the production is executed by the republican body
on the standardisation, metrology and certification and other bodies of sate
management and public organisations within the limits of their competence. The
bodies executing the control over observance of rules of certification and
certificated production according to second and third parts of this article
have the right to submit a proposal to the republican body on the
standardisation, metrology and certification about suspension or about
prohibition of the activity in the field of certification and realisation of
the certificated production. The
republican body on the standardisation, metrology and certification has the
right to suspend or to prohibit activity in the field of certification at
breaking of rules of the National system of the certification of the Republic
of Belarus and realisation of the certificated production, which does not
correspond to the requirements of the normative acts and particular standards
or other normative documents on the standardisation on which it was
certificated. The
officials of the republican body on the standardisation, metrology and
certification, of the bodies on the certification of the production and other
bodies of administrations of the state management which realise control over
the certificated commodity and fulfilment of the requirements of the
legislation of the Republic of Belarus about obligatory certification of the
production have the right to visit firms and enterprises to control the mode
of their activity easily. Article
12. FINANCING OF ACTIVITIES ON THE CERTIFICATION AND THE STATE CONTROL OVER
THE CERTIFICATED PRODUCTION The
expenses on the payment of the salary to the workers realising the state
control over the production which is the subject for obligatory certification
are realised at the expense of the republican budget. The
expenses on participation in activity of international (regional)
organisations on certification are regulated by the normative acts working in
the republic. The
payment of activities on certification of the production is made by the
manufacturer (seller). The sum of expenses spent to realise obligatory
certification of the production concerns on its cost price. SECTION
III. VOLUNTARY CERTIFICATION Article
13. VOLUNTARY CERTIFICATION The
voluntary certification is carried both as in National system
of certification of the Republic of Belarus and in other systems of certification
created by juridical persons having registered their systems of certification
and signs of conformity in the republican body on the standardisation,
metrology and certification. The
production which have came through the voluntary certification are marked by
the sign of conformity of that system in which it was certificated. The
control over the production certificated in the National system of
certification of the Republic of Belarus is fulfilled by the republican body
on the standardisation, metrology and certification and bodies on
certification of the production. The
control over the production certificated in the voluntary system of
certification if fulfilled by the appropriate body on the certification of
the production. SECTION
IV. THE FINAL RULES Article
14. THE RIGHTS OF THE MANUFACTURER (SELLER) AT OBLIGATORY AND VOLUNTARY
CERTIFICATION The
manufacturer (seller) has the right to appeal against the solution of the
republican body on the standardisation, metrology and certification according
the legislation of the Republic of Belarus. Article
15. LIABILITY FOR BREACHES IN THE LEGISLATION ABUT THE CERTIFICATION The
bodies of the management, manufacturers (sellers) of the production and
officials are responsible for breaches in the legislation about the
certification according to the legislation. Article
16. THE INTERNATIONAL AGREEMENTS If
the international agreements a participant of which is the Republic of
Belarus provide another rules which differ from those which are established
in the legislation of the Republic of Belarus about the certification of the
production then the rules of the international agreements are applied. About INTRODUCTION
OF THE OBLIGATORY CERTIFICATION OF THE CONSUMER GOODS, ACTIVITIES AND
SERVICES.
The
Order of the Council of Ministers of the Republic of Belarus from September
22, 1993 N 635 Abstract In
order to protect health and life of people, protect the environment, to
remove barriers in the development of intergovernmental trade the Council of
Ministers of the Republic of Belarus DECIDES: 1.To
enter since January 1, 1994 the obligatory certification of the consumer
goods, of activities and services (in further they called by the goods)
concerning which in the acts of the legislation of the Republic of Belarus
and normative documents the safety requirements for life, health and property
of the citizens, and for the environmental protection according to the
appendix are established. Certification
of the goods should be executed in the National System of the certification
of the Republic of Belarus in the order established by the Committee on the
standardisation, metrology and certification at the Council of Ministers of
the Republic of Belarus - national body on the certification. 2
To give the right to the Committee on the standardisation, metrology,
certification at the Council of Ministers of the Republic of Belarus to
introduce changes and additions to the nomenclature of the goods which are
the subject to the obligatory certification as required. 3.
To prohibit from April 15, 1994 the realisation of the goods which are the
subject to the obligatory certification according to this order without the
certificate of conformity or testimony to recognise the certificate valid
given by the committee on the standardisation, metrology and certification at
the Council of Ministers of the Republic of Belarus or on its commission by
the body on the certification in the Republic of Belarus. Firms
and organisations of trade should not allow to realise the goods which are
the subject to the obligatory certification without the certificates of
conformity or testimonies to recognise the certificate valid to the citizens. 4.The
ministries, offices, firms (including firms with the foreign investments),
associations, organisations, enterprises (in further are called as firms)
irrespective of patterns of ownership and subordination, and also businessmen
who fulfilled the activity without the formation of the juridical person (in
further are called as the businessmen) should ensure the realisation of the
obligatory certification of the goods on safety requirements from January 1,
1994. 5.
To establish, that the firms and businessmen are obliged: To
label the goods certificated in the National system of the certification of
the Republic of Belarus the goods is familiar conformity on RST of Belarus
915-92 "National the sign of conformity. The shape, sizes and
specifications"; To
indicate the information about the certification and normative documents on
which the goods are valid in the accompanying documentation on the goods; To
terminate the realisation of the goods certificated on safety requirements if
they do not meet the requirements of the appropriate normative documents, and
also when the term of operating of the certificate have finished or in the
case of suspension or cancellation of its operating by the solution of the
body on the certification. 6.
In case of breaking of the requirements foreseen by point 3 of this order, officials
of the Committee on the standardisation, metrology and certification at the
Council of Ministers of the Republic of Belarus give the prescription to
forbid the manufacturing, realisation of the goods, and also fine the law
breakers at the rate of the cost of the realised goods. The
appendix to the order of the Council of Ministers of the Republic of Belarus
from September 22, 1993 N635 With
the addition brought by the Committee on the standardisation, metrology and
certification from October 27, 1995 N179 NOMENCLATURE
OF THE GOODS WHICH ARE THE SUBJECT FOR THE OBLIGATORY CERTIFICATION (in the
special appendix #1 to the Bulletin, is given only to persons having
the slip to participate in the meeting on the certification, ask for it at
the helper of the treasurer) THE CONFISCATED GOODS ARE ALSO THE SUBJECT TO THE
CERTIFICATION!!!
ABOUT
THE NOMENCLATURE OF THE PRODUCTION WHICH HAS BEEN HELD BACK, ARRESTED,
CONFISCATED OR VERSED IN TO THE INCOME OF THE STATE BEING THE SUBJECT FOR THE
OBLIGATORY CERTIFICATION The
order of the State committee on the standardisation, metrology and
certification of the Republic of Belarus from November 25, 1998 N18 In
order to improve work with the goods versed into the income of the state and
to fulfil the commissions of the Council of Ministers of the Republic of
Belarus from November 13, 1998 N11/810-95-dsp the State committee on the
standardisation, metrology and certification of the Republic of Belarus
DECIDES: 1.
To
approve the applied nomenclature of the production which has been held back,
arrested, confiscated or versed into the income of the state in any other way
being the subject for the obligatory certification. 2.
GP
"CESM", centres of the standardisation and metrology, IC
"TOOT", BelGISS should provide the immediate certification Of
the production indicated in the appendix on directions of the appropriate tax
and customs bodies. The
chairman of the Committee V.
Koreshkov The
appendix to the order of the State committee on the standardisation,
metrology and certification of the Republic of Belarus from November 25, 1998
N18 The
Nomenclature of the production which has been held back, arrested,
confiscated or versed into the income of the state in any other way being the
subject for the obligatory certification 1.
Goods
of light industry for children: 1.1.
Knitted
wear 1.2.
Cloth
knitted of the commodity linen assortment 1.3.
Article knitted overcoat 1.4.
Hosiery 1.5.
Article
sewing linen 1.6.
Fabrics
of linen cotton for children's assortment 1.7.
Footwear 2.
Toys 3.
Products
of children's feed: 3.1.
Milk dry 3.2.
Flour for manufacturing of products of children's feed 3.3.
Children's feed pre-packed for retail sail 3.4.
Canned
food tomato, vegetable, fruit, berry, fish, tinned meat 3.5.
Juices
and drinks vegetable, fruit and berry 4.
Sausage
smoke 5.
Tinned
products from meat, meat sub-products, fish, caviar and its alternate
materials, cancroid, molluscs and other water invertebrate 6.
Canned food vegetable, mushroom, fruit and berry 7.
Juices vegetable, drinks, syrups, sauces, spice tinned 8.
Production of the lactic industry: 8.1.
Canned food lactic 8.2.
Cheeses rennet solid 8.3.
Butter 9.
Coffee natural 10.
Tea 11.
Cocoa – dust 12.
Chocolate and chocolate articles 13.
Cookies and wafer 14.
Oil vegetative: 14.1.
Soybean 14.2.
Sunflower 14.3.
Cotton 14.4.
Corn 14.5.
Mustard 15.
Alcoholic beverages 16.
Beer 17.
Mineral water gassed with addition of sugar and sweetens, soft drinks 18.
Tobacco articles 19.
Mayonnaise The question -
answer
Question:
Where it is possible to previous issues of the bulletin “The Businessman”, is
it to subscribe? Answer:
Ask the helpers of the treasurer. It also is possible to get it by mail. It
is necessary to put into the letter an envelope (envelopes) with the return
address and the document proving the payment of the appropriate fees (the
slip (slips) is at the helper of the treasurer). In the same way it is
possible to get any other literature (on certification etc.) Question:
Will the actions of the protests be held by the trade unions of the
businessmen in July, 1999. Answer:
We plan a number of the Actions of local value in some regions of Belarus and
the largest all-Belorussian Action on July 20-22 1999. We share
all-republican slogans "We want the new President", "The
Overdue President - worse than a Tatar", "Grigorich-the country
will not stand up you for two years" etc. But
we are ready to the off-schedule actions of the protest. Question:
the citizens from the foreign countries are put in more expedient trade
terms. Citizens of Vietnam sell the goods without the slips and certificates. Answer:
the trade terms for all should be identical as minimum. The authorities of
the city, unfortunately, do not want to defend the domestic businessman and
to take measures to terminate the wrongful trade of the foreign citizens. The
trade is realised with obvious breaches of law of RB "About protection
of the rights of a customer", tax and other legislation of RB. If the
authorities and in further close eyes down on it, we shall be compelled to
address to law-enforcement and other bodies, public organisations on
protection of the rights of a customer for the help. If somebody has other
proposals address into the trade union. Question:
At what stage are the talks on certification with the authorities of the
city. Answer:
There is a game into Cat-and-mouse. The authorities are afraid of a wave of
new strikes. While they have kept silent. Most likely it is silence before a
storm. And
we should be ready to it. The authorities of the decide a little, what they
will be said from above they will do. As to the Valentina Lavtsel, the
vice-chairman of the municipal executive committee (an official who
supervises problems of economics and business in Grodno, and, likely, should
carry talks), in the general she is quite a good woman who pretends that she
has taken offence at the Chairman of the trade union Valery Levonevsky While
we, businessmen, are together they will take us into the account, as soon as
there will be "fermentation", you’ll get a new slap in the face
from the authorities. From different sources we get different information.
One says that up to 1.09.99 they will "forget", about the
certificates other say - up to the end of year. And in the beginning of 2000
when documentary checks are be realised they will again remember about them.
A lot depends on changes in political life of our state this year. The local
authorities, maybe, want to make something good but their hands "are
tied", they are also are afraid to lose work, they have been assigned so
they can be dismissed if they do not obey. DIALOGUES
Dear
businessmen, substantial reference to real Vasily, businessman from the Ware
market in village Southern of Grodno, is published below. Vasily certainly
will recognise himself and a man who addresses to him. We publish the answer
without reductions. We hope Vasily and other readers of our bulletin will
state the point of view on this problem. YOU,
VASILY, ARE NOT RIGHT! Once
we Vasily with you went frequently in Warsaw and I know you as a healthy
proof man. When in Warsaw you was attempted to be robbed by three gangsters,
you have managed to run away from them, you just appeared stronger than they
three, and I, Vasily, then failed to run away, I was put a knife in a side
and all my pockets were turned out, and what should I do I want to live. And
now you, Vasily, say that we the businessmen are engaged with policy for
nothing, you say that it was necessary to put forward only economical
requirements and there are no reasons to be engaged with the policy. You,
Vasily, said it to me after the strike and I did not want to argue with you
as you were too aggressive, but now through our bulletin I say: "You,
Vasily, are not right!" Not
long ago employees of DSEC arrested a woman for bucks, led her into the room
of militia and began to threaten to her, saying that they were going to all
goods, to put her into prison, to fine at 500 million etc., they know how to
do it. The woman has 2 children and does not have husband she was very afraid
because she does not know what her children will eat then. She was so
agitated that she was sick. One of the employees of DSEC looked at her with
contempt and said: "Well, when we arrest them for bucks they either in
trousers will do or vomit!". I, Vasily, understand these people, they
worry for the families and children, it is their one piece of bread, what
shall they do if they lost at once source
of existence, and people are sick and they do in trousers from such stress.
But how, Vasily should we understand such the state which leads up the honest
citizens to such condition? What for is this state necessary? It should
protect interests of the citizens, but only not in our country. You, Vasily,
are considered to be “an animal”, a criminal, you can be fined at any moment,
your goods can be confiscated or you may be arrested for bucks etc. Where
do you, Vasily, take bucks? Well! And I, Vasily, take them at the same place,
we with you Vasily are not Titenkovs to take bucks at the rate of the
National Bank and in the National Bank, so we with you Vasily are the
criminals. When you were in Warsaw did you see that the Poles write out any
slips when they sold their goods, were they afraid to take bucks - no, and I
did not see, I did not see it either in Turkey, or in Hungary, in Lithuania,
and they are not better then we are. So in Belarus any businessman trying to
earn on life is a criminal, the legislative base is such that if you do not
break it you will earn nothing. Basically, it is possible to consider all
population of the republic to be criminals, for example, to issue a decree
according to which people will be not allowed to breathe or eat and then take
anyone and put in prison, it is certainly a nonsense, but are not the today's
decrees regulating the businessman’s activity a nonsense. When
you, Vasily, says that the politics is not necessary you probably agree that
they are cleverer than you they know better what is right and what is not,
but you, Vasily, are not right again. You, Vasily, even after a “hard”
evening are cleverer than they as for you to earn on the sale of your cranes
it is necessary to decide weight of problems: to sell the goods, to buy
currency, to go to select the running goods, not to be arrested at purchasing
currency, to take the goods through the custom etc. If you, Vasily, had been
as engaged in the business as they atre engaged in the national economy, you
would have gone bankrupt long time ago, and you, as far as I know, have money
not only to life but also to drink vodka. And do you, Vasily, think that
these collective-farm idiots are cleverer than you? You are mistaken. They
know nothing how to do, they can only take away and divide, under it the
legislative base is delivered, all is made that any businessman was
defenceless before an outrage of an official. The
Parliament, which Alexander Grigorievch elected, solves problems of such
nature: "How should a collective-farm field be sown: lengthways or
across?" And problems, which concern us with you, nobody can ask there,
Vasily, we are introduced there. If
you, Vasily, say that we should not be engaged in policy, it means, Vasily,
that you agree that people are lead up to such a condition when they “do” in
trousers. Again you Vasily, are not right, in normal democratic countries
such as you active people are encouraged they have all conditions for
business, their interests in the parliament and government are introduced by
somebody. They, Vasily, these collective-farm idiots, do not know and do not
understand our problems and they do not want to know them, they want that you
should be not engaged in the policy and they would have an opportunity to
turn out your pockets at any moment. Well,
let’s see Vasily: in Warsaw you did not allow the gangsters to rob yourself
and here you are agree with the robbery, no Vasily, I can not are agree with
you in this! We with you should be engaged in the policy, our policy is that
in this country a man can feel that he is a man not a collective-farm cattle.
They say that we do not want to pay taxes, it not the truth, you, Vasily,
would pay and more only if provided that nobody would approach to you and
would not count yours crannes and it is not expedient for them, that then
tens thousand of supervisors will do and now they have what to do – they fine
you and you feel constant fear – it is the policy, Vasily! Yours
faithfully. The
neighbour on the trade place |
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