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№ 20 July 1999 |
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FROM THE
EDITORS
The
businessmen of Grodno together with the United Civil Party have begun a
number of the charitable actions. The first such action was dated by 21.07.99. The action has passed successfully. More than 5.000 citizens of Grodno visited a holiday, many of whom (specially children) got free of charge balls and sweets. The active collecting of things and means to realise the second stage of the charitable action is planned from August 5 till August 15. The things will be distributed as to the address (on the list which have been submitted by the municipal executive committee and organisations) and to all who wants to get them 15.08.99 at 16.00 in the Grodno park about the Puppet Theatre (in if the municipal executive committee allow). Music, pleasure measures, distribution of balls and sweets, free of charge merries-go-round for children are planned. Up to the end of 1999 the Grodno businessmen plan to realise some such measures. In connection with the fact that these
measures have an only social directivity, the principle decision «About
non-admission of political actions when the charitable action is realised»
have been acceptd. This solution is accepted because separate political
leaders can use any mass measure for provocation and propagation of the
symbolic and philosophy. Such attempts will be estimated by the organisers of
the charitable action as provocation and will be stopped immediately. About the support of the charitable
actions and readiness to participate actively in them public organisations
(«The Grodno centre of protection of the rights of a customer», Free trade
unions of Grodno, youth and organisation and organisation on protection of
the human rights) have declared. The citizens, heads of firms and
organisations wishing to take part in the in the charitable actions can
address Tel/fax (8-0152) 72-00-72, Grodno, Stefan Batory 8-201 (For the letters 230005, Grodno - 5
subscriber box 63) E-mail: levonevski@imail.ru
(mailto:levonevski@imail.ru), Pager (0152) 73-00-00
subscriber # 95200 The
holidays finished, what should we do?
In the Republic of Belarus the first
all-republican holidays organised by the people under common name «Dembel 99»
took place. Despite of counteraction of the authorities, official mass media
and pressure of tension by the authorities the holiday was a real success. For example, in Grodno when we were preparing
for the holiday the handcuffs were dressed on and the methods of SAMBO were
trained 19.07.99 on Victor Podchinenkov, some times (including night) the
detail of the employees of militia visited flats of the Chairman of the
United Civil Party in the Grodno region and of Valery Levonevsky, the author
of these lines, but they did not find him. And we shall return to the
holiday. At the holiday balls (more than 1000 pieces) and sweets were given
to children. Unfortunately, there were not enough gifts to satisfy all
children as the gifts were bought at the expense of scanty means of the
separate citizens, members of the United Civil Party and Free Trade union of
the Businessmen of Grodno "Southern". And as we have calculated in
a holiday more than 5.000 citizens who went for a walk in the park of the
city and expressed the pleasure took place. There were no severe conflicts.
The holiday was darkened by the detention of six active workers of procession
on historical places of Grodno which was organised by them after the holiday,
but it is a customary history for our city. Next time we shall try to find more
means on gifts and congratulations with the holiday all who come (even the
militiamen, employees of CSS and executive authority). We do not divide the people on
"ours" and “strangers”. We all are citizens of one country. We
should respect each other not depending on whether we like A. Lukashenko or
not. Each man has the right to select an idol to himself. If a man "have
been fooled" and he is in love with A. Lukashenko - it is his right.
Stalin and Hitler were also loved by the people, the propagation made their
business. The fooled people trusted these "rogues". The people were
deceived and frightened. The history has put everything on their places. The
basis of our policy is the right of each man should be abided without
dependence on his political outlook. In honour of the holiday more than 9
thousand businessmen of the Grodno region do not go to work (in the markets of
cities no more than 10-20 % of the sellers traded, in some cities the markets
did not work at all). Holiday in Grodno for the first time
showed that is possible and it is necessary to organise such holidays without
meetings and demonstrations. We, people, are hosts of the country instead of
populists, chatterboxes and shouters of central and local authority who have
seized up to the authority. We hope that the local authorities will
understand the error, will stop to tense people and will assist to realise
following holidays and won’t using the official position «water with mud»,
put in prisons, fine everyone who does not support them or thinks in another
way. In Minsk the holidays passed normally
but they could be much better. The organisation of these holidays was weak
and the counteraction of the authorities in Minsk. Despite of it, the Holiday
was held was huge. But the holiday was a success. Theatrical performances
with the participation of approaching and leaving duties of militia, the
round dances from the same militiamen, amicable shouts of the joy of citizens
about a "monster" and about freedom overflowed the areas and
streets of Minsk. What
should we do? It is necessary to extract lessons. The first lesson. The huge work with
the population should be done. This is main and basic and hardest problem of
the progressively adjusted part of the society. 90 % of the populations are
frightened or "fooled” by the propaganda of Lukashenko and are not ready
to the active work to protect their rights and legal interests. The second lesson. In the Republic of Belarus a substantial, strong structure using
broad support of the population is absent. To create such pattern we will
demand time, means and most important new people. The majority of politicians
from "former" are really politically-bankrupt persons. All parties
taken together are not capable to control even 5 % of the population. It is a
golden fund of the nation. In spite of nothing they have survived and still
exist. The main of them (parties) - the Belorussian Popular Front loses its
positions every day. At one time the mass movement is dying quietly. Internal
conflicts, corruption, the destructive position of Z. Poznyak resulted in
mass outflow of members from this party and in sharply to negative attitude
of majority of the population of the Republic of Belarus to the given
movement. For BPF it is necessary to determine in the main - whose concerns
this movement introduces: of the separate leaders of BPF, belo – russian
speaking population of the republic or majority of people of the Republic of
Belarus. The role of BNF in the future of our
country as main political force or as small organisation with a lot of
branches which it is today depends on the solution of this problem. It is necessary to create new movements, new structures which are not charged with the influence "of old" politicians and dogmas not depending from the position of the main parties of the Republic of Belarus. 21.07.99 there was a check «on lousiness». Those who were with the people executed the civic duty and all others are occasional people in the policy and have no the right to call themselves "as the opposition". The third lesson. The problem of "Lukashizm" can not be decided in a
democratic way for one day or year. It is necessary to prepare for
long and difficult struggle – struggle, first of all, for minds of people. The fourth lesson. In the Republic f Belarus a substantial team which is capable to
control the state in new market conditions is sent. It is necessary already today
to actuate work in part of studying of the Belorussian youth abroad to bases
of the government. Conclusions: 21.07.99
the holiday was held. July 21, 1999 will be a national holiday - the Day of
struggle for independence from the dictatorship. Without
creation of new public formations, new regional structures, controlled by the
leaders «of a new example», mass issue of the leaflets, training of young
staff in the government, large-scale propaganda of the population, clearing
of the leading parties from the destructive leaders it is impossible to built
the democratic Belarus. To hope for a case (everyone understand what) is possible, especially it is possible to speed up this case. A problem is not in it. The "opposition" has, to my
mind, a large error. All its energy is directed to pour with mud the former
president and organisation of small meetings and pickets. It is necessary
business but it is with a small effect. Lukashenko is only a
"feather". Let's remove it and another "feather" will be
put on its place and the building will remain. The building itself rotten by
corruption and old communist (fascist) dogmas will remain. It is necessary to
destroy all building and up to the basis, simultaneously creating a new one
more proof, from new materials. It is a process not of one year, but it
should be started already today. On photos: Stop-shot #1 The
holiday “Dembel 99” 21.07.99 Stop-shot #2 The
citizens of Grodno came to the holiday organised by the businessmen Stop-shot #4
Grodno 21. 07. 99 Legal page
Insurance of the
businessmen is a voluntary business
Question: According to the Law "About changes
and additions in the Law of the Republic of Belarus" "About the
sizes of mandatory insurance fees into the Fund of social protection of the
population of the Ministry of social protection of the Republic of
Belarus" from 6.01.99 the businessmen are included in number of the
payers of these fees. Are these fees at rate of 15 % from the income
obligatory? Answer: The mentioned Law (article 1) has
included the businessmen executing the activity without the formation of a
juridical person in number of obligatory payers of insurance fees, and also
(article2) determined the size of obligatory insurance fees - 15 % from the
income for them. The edition of the Law makes you think that the fees should
be deducted. It is possible that people who developed it counted on it. According to E. Khlus, the head of the
department of methodology of collecting of insurance fees of the Fund of
social protection of the population of the Ministry of social protection of
RB "in article 1 of the Law a circle of the payers who make charge and
payment of insurance fees taking into account rules of article 7 of the Law
"About the bases of State social insurance" from 31.01.95 is
determined. And this Law states that the social insurance is distributed on
the businessmen if they pay insurance fees. Besides the Law "About
business in the Republic of Belarus" from 28.05. 91 does not say that it
is a duty of a businessman to pay fees from the personal income to this fund. Thus, the businessman is free when
decides the question - to pay or to not pay insurance fees. It is confirmed
by the letter of the Fund of social protection of the population N 10-8/216
from 2.03.99. "According to the current legislation the businessmen
executing the activity without formation of a juridical face are the subject
to state social insurance if they pay insurance fees i.e. the insurance of
these people is voluntary. In case if a businessman wants to use
the system of state social insurance, he should be registered in the bodies
of the Fund of social protection of the population. After the registration of a businessman
as a payer of insurance fees in the bodies of the Fund he is obliged to pay
insurance fees at rate of 15 percents from the income in the established
order". In summary it is possible to say that in
the republic the targeted activity to maintain the replenishment of the Fund
of social protection of the population has begun at the expense of deductions
by the businessmen. But for the final end result they will need to correct
all packet of the laws, including the Law "About the personal
(personified) registration in the system of state social insurance" from
6.01.99. So the time to select the solutions you have. Question – answer
Question: the current account of an individual
businessman during 1998 was filled by the money resources according to the
contracts of the loan (the term of repayment of borrowed means - 3 years). Is
it legally to use borrowed means to pay for the electric power and public
utilities on the rented areas, to buy materials used to repair of the rented
areas, to buy goods? Answer: according to item 13.2 of the
Methodical indications about the order of the use of the Law "About
income tax from the citizens" N 5 from 12.04.96 the sums of borrowed
means are not included into the taxed income of a businessman. Debts not
demanded in the period of limitations (3 years) and in the established order
at the termination of the businessman’s activity are set off to increase the
income which is liable to taxes. When you use the indicated borrowed
means on the expenses the structure of which is established by the order of
the Cabinet of Ministers of RB N 491 from 26.07.96 connected with the
withdrawal of the incomes from the businessman’s activity which is carried
out by the citizens without formation of a juridical person, these expenses
at their documentary proving are lawful and are the subject to be excepted
from the gross revenue in the order established by the current legislation. Question: are the perfume-cosmetic goods the
subject to exchange? Answer: they are not. According to the order
of the Ministry of trade N 21 from 2.03.99 the additional list of the
good-quality goods which are not the subject to exchange (is approved by the
order of the Ministry of Trade N 3 from 16.01.99 "About changes in the
List of non-food good-quality articles which are not the subject to exchange)
the position " the perfume-cosmetic goods" is included. The bodies of control of the trade had
the duty to inform about this the subjects of managing executing retail trade
irrespectively from the form of ownership and belonging. Question: has the tax organ the right to make
independently a decision about return of property confiscated in the spot of
sale, written-off as useless, if subsequently a businessman without formation
of a juridical person states the property rights to this property? Answer: the businessman’s activity is taking
into account according to the Instruction of the Ministry of finance and GGTI
about the order of the registration of the businessman’s activity of the
physical persons executing it without formation of a juridical person in the
Republic of Belarus N 46/18, registered in the Registry of the State
registration 24.11.95,registration N 1160/12 taking into account all changes
and additions. According to item 20 of part V of the
mentioned document "for tracking and storage of goods and material
values the businessmen will use the documents of the unified example approved
by the authorised state bodies. When a businessman executing activity
without formation of a juridical person or a seller who has concluded the
agreement with the businessman to use work for the tracking and storage of
goods and material values bought at the subjects of the managing of the
Republic of Belarus realised the goods he will use standard forms of the
strict reporting TNN-1 "A goods and transport way-bill" and TN-2
"A goods way-bill to realise and enter into account goods and material
values" approved by the order of the Ministry of statistics and analysis
of RB N 32 from 5.02.96... When the goods bought outside the Republic of
Belarus, for tracking and storage the scores, way-bills, acts of purchase and
also the copy of the customs declarations proved that the goods is imported
not from countries - participants of the Customs Union are used. For tracking
and storage of the goods bought at the physical persons in the Republic of
Belarus, the acts of purchase are used and when the goods of own production
are realised – the Book of the registration of daily realisation of the
goods... All goods located in places of realisation should be entered in the
Book of the registration of daily realisation of the goods". Thus, if a businessman has shown the documents
proving his property right to a part of described property in tax inspection,
the inspection has the right to make a decision about release from the
arrest, exception from the inventory and return of a part of property
belonging to a businessman on lawful basis independently. If a physical person states the property
right on the described useless property but can not confirm the property
right in documents, the problem is decided in the court. According to article
11 of the Law "About the state tax inspection of the Republic of
Belarus" from 2.02.94 (with changes and additions) the latter
"sends to judicial tribunals the claims... to recognise the property
useless..."with observance of terms established by the Civil Code of the
Republic of Belarus. Question: I’ve heard that the trade union of the
businessmen “Southern” carries out seminars. Could you tell about them in
detail? Answer: Really. We have begun to conduct
seminars (one-day training) of the businessmen on following topics «certification
of the goods», «the order of the appeal of actions of the employees IGSC and
employees of militia», « the order of the appeal of the Acts of checks and
administrative protocols», «the order of making up of the agreements», «the
order of the reference in the Economic courts» etc. Skilful instructors and
the lawyers will explain to you how to behave at disputes with tax and other
bodies, what to do, when against you they attempt to institute proceedings,
how correctly construct the protection in administrative and criminal
procedure. The record on seminars is made at the helpers of the treasurer.
For members of the trade union seminars and dinners are free of charge. The
seminars are carried ou in process of formation of groups (one time per week). Automobile
passions (continuation, beginning in #19)
In last number we published the Decree
of the President of RB «About the order and conditions of realisation of
obligatory insurance of a civil liability of the owners of transport means».
To continuie this topic we publish some more normative and legislative acts
on this topic. N 8 from 19.02.99. The decree of the President of RB About obligatory insurance of a civil liability of the owners of transport means In order to strengthen protection of property
and other interests of those who have suffered in road and transport
accidents and according to the third part of article 101 of the Constitution
of the Republic of Belarus I DECLARE: 1. To establish obligatory insurance of a
civil liability of the owners of transport means for harm caused as a result
of road and transport accidents to life or health of the physical persons,
their property or property of juridical persons since July 1 1999 in the
Republic of Belarus. 2. To establish, that: 2.1. The owners of transport means are
obliged in the established order to make up a contract with an insurance
organisation having the licence to realise obligatory insurance of a civil
liability of the owners of transport means and which is a member of the
Belorussian bureau on transport insurance about the obligatory insurance of a
civil liability of the owners of transport means on all transport means
exploited by them; 2.2. Usage motion of transport means
without the agreement of obligatory insurance of a civil liability of the
owners of transport means on the roads-- is followed by the imposing of the fine
on an owner of a transport means: - On a juridical person and businessman
executing the activity without formation of a juridical person - at rate of
15 minimum wages; - On a physical person who has been not
indicated in the third paragraph of this sub-item - at rate of 5 minimum
wages; 2.3. Usage on the roads of transport
means without the contract of obligatory insurance of a civil liability of
the owners of transport means in case when road and transport accident is
done by the person Authorised to drive this means – is
followed by the imposing of the fine on the owner of a transport means: - On a legal face and businessman executing
the activity without formation of a juridical person - at rate of 25 minimum
wages; - On a physical person who has been not
indicated in the third paragraph of this sub-item - at rate of 10 minimum
wages; 2.4. Exploitation in the Republic of
Belarus of a transport means registered abroad without the contract of
obligatory insurance of a civil liability of the owners of transport means
which are valid in the republic - is followed by the imposing of the
fine on a person who drives this transport means at rate of 200 US dollars in
equivalent; 2.5. The payment of the fines foreseen
by sub-items 2.2, 2.3 and 2.4 of this item does not free the owners of
transport means from a conclusion of the treaty of obligatory insurance of a
civil liability of the owners of transport means. The right to impose sanctions and to
realise production on business about breaking of the law mentioned in these
sub-items is given to the authorised officials of the bodies of the State
automobile inspection of the Ministry of the Internal Affairs, customs bodies
of the Republic of Belarus and Ministry of transport and communications. 3. The Council of Ministers of the
Republic of Belarus in two-monthly term should: - result the normative legal acts of the
Government and republican bodies of the state control ruled by it into the
conformity with this Decree; - In the established order to give the
proposals on reduction of the legislative acts of the Republic of Belarus to
conformity with this Decree; - To accept another measures necessary
to realise this Decree. 4. Before reduction of the legislation
in conformity with this Decree the acts of the legislation are applied in
that part in which they do not contradict this Decree. 5. This Decree has its into force from
the date of its publication except for sub-items 2.2, 2.3 and 2.4 of item 2
which have their force from 1. 10. 1999, it is temporary and according to the
third part of article 101 of the Constitution of the Republic of Belarus is
given for consideration to the National Assembly of the Republic of Belarus. Dear businessmen. In August, 1999 the meeting of the trade union "Southern" of the citizens, businessmen and people working on hiring will be held. Ask the helpers of the treasurer about the conditions of moving out of the delegates. The earnest entreaty to all is to take part in the preparation to this meeting. The proposals on tel. 72-00-72 or on the pager tel. 73-00-00 for subscriber #95200 THE HUMOUR
Yakubovich (Yu) invited Vova (V), a new
Russian to take part in the “Field of miracles” Yu: - Please, twist a barrel. Vovan twisted a barrel... Yu: - I congratulate, for you 750
points, call the letter. V: - Letter U Yu: - Unfortunately, there is no such
letter. V: - And it does not bother me, find it. *** A man on the MKAD tries to stop a car.
Mercedes 600 stops, a driver leaves, gets round the car for some times,
approaches to the man and beats him on face and says: -And where do you see draughts here? Two former classmates met. One of them
is NR. Well have talked about different problems, NR asks: - Well and where are you, how? - So-so, I am a street merchant. - Cool! And how much does one street
costs? *** A young nun runs out from a cabinet of
the doctor and cries. Other doctor comes into the cabinet and asks the first: - What you did you tell her? - That she is pregnant. - But it is, softly speaking, lie! - Yes, but she stopped to stammer. Two new Russian had a talk. - Vanya, listen to, Serega in Piter on
Mercedes 600 ran into a horse yesterday! - And how are consequences? - Well, Serega is in hospital, Mers is
awfully broken... - And how is that man on the horse? - And what may happen to him? He is
bronze!.. *** DMSU stops "Mercedes". They
start to check up the documents. The driver of the "Mercedes" says: -
The guys, check up
quicker, please, I am followed by your colleagues -
A private soldier runs in and shouts: - Foreman, there are gays in the
company!!! - Why do you think so? - Well my bag with the cosmetic was
stolen again. *** The ill comes to the surgeon and says: - Doctor, my stomach aches. - Now we shall cut off your ears - the
surgeon says. The patient has been frightened and runs
to the therapeutist, complains: The surgeon instead of feeling a
stomach, has decided to cut my ears off... -Oh, these surgeons! – the therapeutist
sighed. – They want only to cut something off! Do not bother now we shall
prescribe you a medicine and ears will fall off without problems... |
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