1999

FROM THE EDITORS

Businessmen of Grodno together with the United Civil Party continue a number of charitable actions.

The first results have already been got. More than three hundred families have received the address help. Inform addresses of needy families and families where a lot of children are brought up in thre trade union. Take active part in gathering things and means. Those who want to help a particular family or man address to the helpers of a treasurer or to the trade union for the address.

Citizens, chairmen of firms and organisations wishing took part in the charitable actions can address on tel./fax (8-0152) 72-00-72, Grodno, item Stefan Batory 8-201, (for the letters 230005, Grodno - 5 subscriber box 63)

E-mail: levonevski2000@mail.ru

Pager (0152) 73-00-00 subscriber # 95200

Why has the chairman of the trade union resigned?

Such question is asked to me on the phone and at the meetings by a lot of people. There are a lot of reasons. The basic of them are a lot of personal businesses and necessity of creation of powerful republican businessmen�s structure. It is impossible to stop on the things we have reached. It is difficult to sit on two (in my case on five) chairs. We have created the most powerful and organised trade union of the businessmen in the Republic of Belarus. Now it is necessary to unite separate businessmen�s structures everywhere in the republic, it is our main purpose. It is possible to let Alexander Vasiliev head the trade union, he will not let down. Our problem is not to head as many organisations as possible but to create substantial, working structures and to educate the leaders who will supervise over them. Leaving the post of the chairman of the trade union, I remain the member of the Council of the trade union (very active) and the editor of this bulletin. Our plans are to join workers, youth and women of Grodno region, all the Republic of Belarus to the trade-union and public structures. With this purpose we began to publish Bulletins "Voter", �Grodno worker�, �Our City�, the contributing in creation of the trade-union, female, youth organisations and organisation on protection of human rights is rendered, the training (seminars) of broad masses of the population including businessmen (V. Levonevsky is the head of the project) started. A. Vasiliev together with our lawyers and me will be engaged in protection of your economic rights. Nobody will reproach our trade union in redundant attention to the politics any more. I think that without the solution of political problems the businessmen will not achieve anything and I shall defend your rights at a republican level.

Is the trade union necessary to businessmen?

July 27 in the palace of the chemists the trade-union meeting of businessmen of the market "Southern" was held. Unfortunately, only a few members of trade union took part in the meeting, less of indispensable quorum and it has not allowed the meeting to take any decisions. Nevertheless, as the chairman of the trade union Valery Levonevsky has resigned, to act in the capacity of the chairman was assigned to his assistant Alexander Vasiliev.

As the activity of the members of the trade union was very low, the part of the businessmen had doubt whether the trade union of businessmen is necessary?

It is necessary to note that the management of the market and city for a long time tries to liquidate the trade union. TRADE UNION FOR THEM IS AS A BONE IN A THROAT! There was an attempt of the management of the market to create �The Council of the market�, something like the Council of the Republic, �pocket parliament�, �pocket council of the market� as alternative to make it possible to take any decisions but for today �The council of the market� has not got any results. For the years of the Soviet authority many of you had got a steady representation about trade unions as about a management organisation which is engaged in the distribution of places in a tourist group or other values Such trade unions were controlled by the authorities, chairmen of trade unions as a matter of fact were assigned and removed by the authority.

THE TRADE UNION OF THE BUSINESSMEN is a non-governmental independent organisation the purpose of which one is the protection of the vital concerns of businessmen. If the trade unions which are controlled by the government are supported by the authority, the trade union of businessmen is a subjects to prosecution, the authorities say that our organisation is an opposition engaged in the politics and carry out frankly hostile policy concerning the management of the trade union, leaders of the trade union are arrested on fabricated matters. The subject to prosecution are not only leaders of the trade union but also members of their families. They try to break the activity of the trade union: refuse to register, refuse to grant a room and other measures. All this is written in the �well-known" instruction on struggle with �political extremism�. The attitude of the authority to businessmen is vividly expressed in one expression of the president that businessmen are �lousy fleas�. In that state which operates nowadays businessmen are as a stranger member. They simply should not exist. Therefore, those businessmen who think that the today's state will care of the development of business and about their value are deeply misled. Essentially, the trade union of businessmen struggles for existence of the businessmen as an interlayer of the society and those businessmen who are away from this struggle, as a matter of fact, promote own liquidation. During the actions of the protest about 1 % of businessmen attempted to trade. Who are they these "black sheep"? Some of them are frank alcoholics, others are extremely restricted people who read nothing, the last book they have read is �Mu - Mu�, people who live by one day, today has filled the belly, and tomorrow everything can go to hell. THE TRADE UNION OF BUSINESSMEN struggles that businessmen as an interlayer of the society were a honourable part of this society, that the state should create favourable conditions for development of business, and in it there is nothing new, in "West" due to this there has been rather a high level of life for a long time.

Why does not the authority like businessmen and in particular struggles with the trade union of businessmen? The business is that today's "representatives of vertical" are entirely former party workers who have got used to command and have not respond for anything. For them is easier to command when 100 % of the population are beggars, at any moment is possible to bridge over "oxygen" and to not give a "bone" to everyone who objects. And suddenly there is a handicap for them, it is businessmen, they have small but own money. They to some extent are economically independent, it is not simple to command over them, they have already begun to respect themselves and it calls a boring of the authority. Also what do businessmen do?

Many of them do not understand their historical value, they do not understand that in the future they are the hosts of the country. People have not still got rid from themselves the psychology of a gopher: �crawls out from a hole, takes a slice and again in a hole�. THE TRADE UNION OF BUSINESSMEN conducts work for businessmen to realise themselves as the most significant, active part of the society, as the future basis of the prosperous state.

The management of trade union thinks that the overwhelming part of businessmen supports the leaders, the experience of the realised actions of the protest has shown that it is so. And though the meeting on July 26 has shown the low activity of businessmen, the management of the trade union understands this, July and August for businessmen is a fundamental period when it is still possible to earn something. However we remind all businessmen that the period of quiet life obtained by the businessmen due to the realised actions of the protest finishes on September 1. It is necessary to expect a new "struggle" of the authority with businessmen, it� is the confiscation under the excuse "of certification". Think and decide: �Is the trade union necessary for businessmen?�.

�The Grodno initiative � - myths and realities.

All, probably, remember with what "pump" they wrote in press (democratic) about the creation �of the Grodno initiative� (GI) which united the majority of progressively adjusted public organisations. The United Civil Party was always a supporter of such measures (on association) therefore it not only became a member of this organisation but it relised an active policy on propaganda of this idea. As a result of such activity �The Grodno initiative� was supported by the businessmen of. Grodno and Grodno region, the Free trade unions, Grodno taxpayers, drivers, youth and other organisations.

But, as it became clear �The Grodno initiative� is a large game began by the separate former party and state functionaries with purposes and problems which only they understood. Instead of a co-ordination of the action between the participants of GI, the rigid dictatorship of two people under whom this organisation was created was got. Any dissent, "personal initiative" was hardly barred by these people. The rather doubtful philosophy and the methods of activity they tried to impose to the public including party organisations. All this was hidden under the decision of the collegiate body. The repeated attempts of the leaders of UCP in the Grodno region to explain the illegality of their operations to the leaders of GI were in vain or misunderstood, or the leaders of UCP were offended.

It appears that the United Civil Party should ask for the permission at GI (read at Semen Domash and A. Ostrovsky) to send the telegram to the President (already former), to organise mass measures, to distribute the leaflets, charities, articles in the newspapers. We respect the personal opinion of everybody even of semen Domash and A. Ostrovsky and but we know one thing if we go with them, we shall come again to defeat. They have already shown what they can do. It is possible and even it is necessary to use their useful experience, they can be members of a team, they have large bureaucratic experience. But to make them leaders of the movement is impossible.

The last example was that drop which had overfilled a cup of patience, it is holidays 21.07.99 in Grodno �Dembel 99� organised by the United Civil Party and businessmen of Grodno. As semen Domash and A. Ostrovsky had hidden (!!!) from UCP time and place of realisation of these measures dedicated to this day, we organised our holiday with the distribution of balls and sweets in the Grodno park near the Puppet Theater at 16.00. The holiday was a success, more than 5.000 people took part in the holiday. The part of the people (small who had no time to live it) after 17.00 took part in the visiting on memorable places organised by A. Ostrovsky.

It seem that the organisers "of visitings" should be happy as thanks to UCP people for visiting were present but no, 23.07.99 the leader of UCP in the Grodno region was criticised by the leaders of GI and BPF. To our large regret, the Grodno resource centre "Ratusha" also said that if UCP and the Grodno businessmen misbehave they will be refused in technical and other support. Certainly, all this was covered by beautiful words about the unification, care about Belarus and etc. Behind words the following thing is hidden - ambitions and attempts "of revenge" of the separate unsuccessful former "leaders", the attempt to cut a dash to Belorussian and international public, the concentration of resources for the development of social movement in the Grodno region in one hands for further dictatorship over social movement in the Grodno region.

Yes, today the former party officials have connections, money, facilities but they do not have the main - political future.

The United Civil Party is an independent political force which is capable to organise any mass measures at the expense of own forces and means. We support any kinds of co-operation with the citizens and organisations but we shall not suffer any dictatorship on the part of the citizens, public or state organisations. In connection with the above-mentioned the United Civil Party in the Grodno region states that it leaves �The Grodno initiative�. We are ready to co-operate on the equivalent basis with the oddments of �The Grodno initiative�, parties, public organisations, trade unions, ordinary members of all parties and organisations, without dependence from relations with the leaders of these organisations.

It is a hard but enforced step. It was accepted after we had come across a dead wall of misunderstanding of the leaders of GI. We think that each organisation, each citizen has the right to take the independent decisions behind own signatures. We are against anonymous letters which are sent with not clear signatures, each product should have its author, everyone should answer for the deeds and should not cowardly hide behind the backs of other people and organisations.

Successful attempts to unite and to head opposition with the purpose to "kill" all business were undertaken and earlier. We hope that the leaders of �The Grodno initiative� and the leaders of Grodno BPF will estimate a situation correctly and will stop to prevent to work to those people, who do not agree with their dictatorship. Today �The Grodno initiative� resembles half-criminal structure with "fathers" and hard rules.

It is easy to be convinced in it when you see how "colleagues" start to prevent to work, to be pleased with our difficulties, to blackmail and �to water with mud� people who have said that they are not members of GI any more.

Many public organisations are in material and other dependence from "Ratusha" and GI. Some, probably, like the ideas and approaches of Domash-Ostrovsky. It is their right (to be members of GI) and we are obliged to respect it. And we do not ask these organisation to leave GI, especially we are ready to co-operate with them and their members at any stage.

We are sure that in Grodno there should be some independent, strong public structures. To leave the business not finished at a definite stage is a rather widespread thing among the "former". Give the god, the Grodno region will be bypassed by this trouble but we should be ready to the next fraud from their part.

This application does not have a task to crack the social movement of the Grodno region.

The application has another problems as the purpose:

-         To free the party from dictatorship of the citizens who are not members of this party

-         To be freed from old, dead dogmas, ideologies and approaches to the solution of the main political problems imposed by the "ideologist" GI

-         Consolidation of progressive public organisations on the new democratic basis to achieve general purposes (more than 10 public organisations and trade unions, their branches, the Grodno businessmen as of 28.07.99 said that they support the actions of UCP in the Grodno region in a part of leaving of �The Grodno initiative� and creation of own public structure).

-         To build a new system of relationships between public organisations, the state, people based on the principles of respect and a constructive dialogue.

We think that it is easier to go to victory if we throw old, unnecessary rubbish away from shoulders. It is necessary to do it today. Tomorrow this rubbish will clue to skin and it will be very difficult to remove it. We have only one purpose � to build the democratic society based on priority of human rights. We (arising young opposition) and they (eternal, professional representatives of the opposition) have different methods of achievement of the purpose and approaches to the solution of this problem. What way is better will show time.

HUMOUR

1917. A sailor is phoning to Smolny, twisting the receiver as a crooked starter:

- Hello! Hello! Smolny!!!?...(silence)

...continues to twist the receiver...

- Hello! Hello! Smolny???!!!... (again silence)

- HELLO!!! SMOLNY!!!...

- Lenin is on the wire...

-         Lenin, get down from the wire! Hello! Smolny!!

-          

In reanimation an old women was brought with the diagnosis "The bruise of all old woman".

The declaration in the newspaper:

"A cool girl in a cool clothes and house will occupy a cool boy to talk about weather".

In the bawdy house:

-         Manya! Do not heat! The client sweats and slips!

-          

Vovochka comes to school. The teacher with a tragic expression on her face:

- Vovochka, do not worry, take a briefcase and go home. Your family is in such a trouble.

Vovochka is pleased that he will shirk lessons rushes home. At home he is met by mother who is crying.

-         Vovochka, take your will together, your brother Alexabder is arrested, he tried to kill the tzar.

-          

In some months after the acquaintance:

- Is it the time to you dear, to acquaint me with the relatives?

- I do not know how to do it... Children are now with the mother -in - law, and wife is on holiday.

Legal page

What documents do parents of children - students introduce to obtain a privilege on the income tax?

According to item 3.2 of article 3 of the Methodical instructions N 62 from 6.04.99 on numeration and payment of income tax from the physical persons to obtain the named privilege the document of an educational institutions verifying that a physical person is the student, pupil or listener of preparatory separation of the day time form of training is necessary. In them the form of payment (cash or non-cash) is written, who and when made it. Also it is necessary to present the information of the tax body on a place of registration of the students, pupils and listeners as the taxpayer (on the place of residence) that the tax body does not have information on the taxed incomes, obtained by them on the date of its issue.

If the income for one month is less than the sum of privileges, are privileges subtracted further for this month? (For example, the income for January is 900,0 thousand of roubles, privilege - 1500,0 thousand of roubles).

On the basis of item 3.3 of article 3 of the Methodical instructions STC N 62 from 6.04.99 on numeration and payment of the income tax from physical persons the calculation of incomes indicated in the sub-item 3.2 of indicated item is made within one year by a source of disbursement of the income on a place of the main work (service, study) of a physical person. If the obtained income is less than the foreseen size of privileges, the rest of the sum is transferred on following periods of this year.

Rule about state registration and liquidation (termination of activity) of subjects of managing

The general provisions

1.      This Rule establishes the order of the state registration and liquidation (termination of activity) of subjects of managing and also rights, duties and liability of registering bodies.

The norms of this Rule are not applied at registration and liquidation of state bodies, religious organisations and also political parties and other public associations registration and the liquidation of which is regulated by other acts of the legislation.

State registration and liquidation of firms with the foreign investments, banks, non-bank financial organisations, insurance, reinsurance organisations, subjects of managing in the free economic areas, open joint-stock companies created during privatisation of a state property, associations of commercial organisations (including concerns), associations of commercial and non-commercial organisations are regulated by this Rule in view of features established by the legislation for state registration of these juridical persons.

2. The subjects to the state registration according to this Rule are:

2.1. Recreated (reorganised) juridical persons:

-         Economic partnerships and societies, production co-operatives, unitary firms (further - commercial organisations);

-         Consumer co-operatives, enterprises funded by the owner (further � non-commercial organisations);

-          

-         Association of commercial organisations;

-          

- Association of commercial and non-commercial organisations;

2.2. Citizens executing businessmen�s activity without formation of a juridical person (further - personal businessmen);

2.3. Changes and additions brought into the constituent documents of commercial and non-commercial organisations and also into the testimonies about the state registration of the personal businessmen.

3. The re-registration of the subjects of managing is made in cases foreseen by legislative acts in the order established for state registration.

4. The state registration of the subjects of managing is made on a place of their presence.

5. The activity of the subjects of managing without the state registration or on the basis of the doubtful data introduced for the state registration and also realisation of the activity which has been not indicated in the constituent documents (the testimony about the state registration of a personal businessman) by them is illegal and it is forbidden. The incomes obtained from this activity are collected in the local budget judicially.

6. The minimum size of the authorised capital is set:

- Open joint-stock companies - 10000 minimum wages;

- Closed joint-stock companies, societies with limited liability - 3000 minimum wages;

- Unitary firms grounded on the right of economic management - 750 minimum wages;

- Societies with additional liability, economic partnerships, production co-operatives, public firms - 150 minimum wages;

- Peasant (farmer) economy created as commercial organisations - 50 minimum wages;

- Commercial organisations created to realise predominantly a production activity in one of the organisation-legal forms mentioned in this point - at a rate of 50 percents from the minimum size of the authorised capital established for commercial organisation of the appropriate organisation-legal form.

The minimum sizes of the authorised capitals of firms with the foreign investments, banks, non-bank credit and financial organisations, insurance and reinsurance organisations and also of open joint-stock companies created during privatisation of the state property are established by the appropriate legislation.

7. If upon the termination of second and each subsequent fiscal year the cost of clean assets of commercial organisation appear less than the authorised capital is, such organisation is obliged to pronounce and to register the reduction of the authorised capital in the established order. If the cost of the indicated assets of minimum size is less than the authorised capital established by this Decree, this commercial organisation is subject to liquidation in the established order.

8. The founders (participants) of commercial organisation or owners of its property do not answer on obligations of the commercial organisation and the commercial organisation does not answer on obligations of the founders (participants) or owners of its property, except for cases foreseen by the legislation or by the constituent documents of the commercial organisation.

If the economical inconsistency (bankruptcy) of a juridical person is called by the founders (participants), the owner of property of a juridical person or other persons who have the right to give instructions obligatory for this juridical person or to determine his actions in other way, the subsidiary liability on the obligations can be laid on such persons in case of insufficiency of asset of the property of a juridical person according to the solution of the economic court.

9. The commercial and non-commercial organisations are obliged in a month's time to introduce appropriate changes and addition to the constituent documents and to present them the state registration in the established order in a case:

- of creation (liquidation) of the isolated structural divisions;

- of change of the owner of the property or change of a structure of the founders (participants) of the organisation (except for open joint-stock companies, consumer co-operatives);

-         of changes of purposes and kinds of activity, name (company name), place of residence of an organisation, size of the authorised capital, order of formation of property and distribution of the profit, order of solitary or subsidiary liability of the owners of property (founders, participants) of the organisation and also other actual facts information about which should be contained in the constituent documents according to the legislation.

Continuation in the following issue

Automobile passions (continuation, beginning in #19, 20)

We continue a subject started in the previous issues (About obligatory insurance of a civil liability of the owners of vehicles)

The commentary to the Rule about the order and conditions of realisation of obligatory insurance of a civil liability of the owners of vehicles

Mikhail PILIPEIKO, vice-president of the Committee of control over the insurance

The insurance will not destroy a driver. On the contrary - will save from the bankruptcy

Mass auto mobilisation of all country is, of course, the value. But it, alas, is accompanied by the constant growth of traffic density and, as a consequent, - quantity of road and transport accidents (RTA) and damaged in them. Today on roads of Belarus more than 4 million. automobiles and other automotive vehicles (half from them are foreign) is exploited and up to 14 thousand of RTA is registered per one year in every third of which people suffer.

The world community has worked out a general means to compensate personal and property damage to those who have suffered in RTA. It is the insurance of a civil liability of the owners of vehicles which allows to defend interests not only of insured participants of an accident but also third persons who were involved in it by will of a blind case and who are not connected with the insurer by the contract of insurance.

In the voluntary form this kind of insurance has already exists for 6 years in our republic, the licences for it have about 60 % of insurers. However because of many objective and subjective reasons - economical, social, psychological and others - it is not advanced in the appropriate measure and are not capable to ensure remedial to all damaged in RTA. In most cases it is impossible to achieve it and through the court, though according to the Civil Code of RB legal and physical persons - the hosts of a vehicle are obliged to reimburse the injury caused with their "help" to the damaged. (In the best case their material status leaves much to be desired and owners of a car are not insured, in the worst case - because after RTA there is nobody to collect injury). Therefore since July 1 this year according to the Decree of the President (N 8 from 19.02.99�.) and Decree N 100 from the same number (see. "NEN" N 9, Iformbank, page 2) in republic the obligatory insurance of a civil liability of the owners of vehicles is entered.

Now it is difficult in full details to foresee what will be with the beginning its "realisation". You see except for the mentioned documents the practice should be prefaced by some more acts which are subordinated to the legislation (including at the level of the Committee of control over the insurance), determining "know-how" of this kind of insurance and ensuring it toughness. However and now it is clear that its introducing will allow to solve not only the above mentioned common problem but also many individual not less actual. For example such: as Belarus "is not a member" of the system on protection of victims of international automobile motion "The Green card ", many our citizens - juridical and physical persons leaving abroad on their cars should through the intermediaries - Belorussian insures - buy the certificates of these cards in each country of visit for currency. The specialists forecast that in 2001 (provisional computational term for RB to join the international system "The Green card") it can be done easier, faster, and, apparently, cheaper directly in the republic. Then our policies will also be recognised abroad.

One more prominent aspect. Speaking about those who have suffer in TRA we frequently forget that the originator of the accident is also a victim in a definite sense and it is possible that he too has the right to remedial. Here, apparently, in the basis of "know-how" of a considered view of insurance classic traditions will be put. Those drivers who are guilty in RTA because they have been drunk or used drugs and those who roughly break the rules of road motion certainly should not count upon any indemnification of own injury. In other cases the average commissioners of insurers with the help of the experts, appraisers, workers of the State Auto Inspection and if it is necessary � of doctors will precisely establish degree of fault of the participants of TRA and the common right on a view only will improve a social - psychological situation on roads and streets. You see it is not a secret for anybody that today very much many participants of the road motion which has suffered prefer being in a hurry directly to pay each other not to wait for militia.

Under the data of our committee today in republic there are 18 potential claimants to obtain the licence of the Committee of control over the insurance on the right to execute obligatory insurance of a civil liability of the auto owners. And accordingly - candidates in members of the Belorussian bureau on transport insurance created according to the decree N100 - republican association of the insurers which will be engaged in organisation of this kind of insurance. They are insurance organisations which possess experience of voluntary insurance from 2 till 5 years, and assets sufficient for a fee to join the bureau on transport insurance however which are capable to keep the financial stability and the solvency for occupations in other kinds of insurance.

Except for the called problem the functions of bureau are the formation of two guarantee funds at the expense of means of the insurance reserve on property insurance and accident insurance.

The fund of protection of those who have suffered in the result of RTA is formed at the expense of fees of the insurers at a rate which is equivalent to 60 thousand euro (for today it is approximately 15 milliards of roubles). An insurer enumerating this fee and received the licence of the Committee of control over the insurance gains the right to conduct the obligatory insurance of a civil liability only in Belarus. Thus it is necessary to mean that exactly he will execute calculations with damaged in RTA. And the bureau on transport insurance will do it only in exceptional cases. In particular, if harm is caused by a vehicle the owner of which on the moment of RTA has not concluded the contract of insurance, by a vehicle which can not be controlled by an owner without his fault as a result of wrongful acts of other persons and by vehicle which is not established and also under contracts of insurance of the insolvent insurers.

The fund of the insurance warranties is also formed at the expense of fees of insurers at a rate of equivalent 100 thousand euro (approximately 25 milliards of roubles) and is intended to maintain solvency of a national bureau on transport insurance at mutual calculations with similar bureaus of other states with which it will conclude the agreements on a mutual admission of the agreements of such insurance and regulating of losses. An insurer enumerating this fee receives the right to work with the insurers who permanently live and work in Belarus and with those who leave its limits.

It is necessary to add that the limit of the liability for the harm caused in the result of RTA is determined at a rate of 6 thousand euro (3 thousand euro is for the harm caused to life and health of the damaged and 3 thousand euro - for the harm caused to his property) by Decree N 100 of the President. The decree approves also sizes of fees which insurers - physical and juridical persons - residents and non-residents of the Republic of Belarus are obliged to pay. They are low and directly connected with a small limit of liability of the insurer. For cars, for example, in a dollar equivalent it is from 10 up to 15 USD per year - depending on displacement volume of the engine of a car.

I remind that citizens of our republic - owners of vehicles till July 1 of this year are obliged to conclude the contracts of insurance of a civil liability with the insurers having the licences for this kind of insurance and who are members of the Belorussian bureau on transport insurance in the established order. (For today it is situated in the building of the company Belorussian Stare Insurance at: Minsk, K. Libknekht street, 70).

And foreigners driving on territory of the republic on their vehicle should since this date conclude the contracts of insurance on all period of stay of a car in Belarus but not less than for 15 day. The size of premiums for them is established in other way - at the rate of 50 USD per year.

Usage of a car without the contract about the obligatory insurance in road motion is punishable by the fines considerably increasing in a case of RTA.