1999

Only signature is necessary and the conflict will be finished

The project

About some measures to order the activity of personal businessmen at retail realisation by them of non-food goods.

The decree of the President of the Republic of Belarus ---- September 1999 #

To order the activity of personal businessmen at retail realisation by them non-food goods at the markets, fairs, exhibitions - sales and other objects of small-retail trade network paying fixed rates of taxes according to the third part of article 101 of the Constitution of the Republic of Belarus I ORDER:

1. To establish, that:

1.1. Applying of the system of mandatory certification and hygienic registration of small batches of the goods (up to 100 units) to businessmen executing retail trade of non-food goods is considered as economically inexpedient.

1.2. Businessmen executing the sale of industrial goods on which the certification and hygienic registration were not realised are obliged to sell these goods with the note «goods are not certificated».

1.3. The liability of a businessman for the realised poor-quality goods is determined by the law of the Republic of Belarus «About protection of the rights of a customer».

1.4. To prove the fact of the purchase of the goods a businessman is obliged to give the fly-off slip if a buyer demands. The fly-off slip should contain all indispensable information foreseen by the law of the Republic of Belarus «About protection of the rights of a customer».

1.5. The main document which proves lawfulness of presence of the goods at a businessman when goods are transported, stored, realised and present on a trade place

is «the book of the registration of daily realisation of the goods».

1.6 The basis for gratuitous expropriating of the goods (property) which a businessman has is a decree of the court and only in the case if these goods (property) are acquired in a criminal way.

1.7. A businessman who has paid the rate of fixed tax in time and the cost of the rent for a trade place gets the right to execute trade activity on a rented place easily.

1.8. The officials have the right to check the fact of payment of the rate of fixed tax and rent for a trade place by a businessman and have no the right to interfere directly to the trade activity of the businessman and conduct any checks except for cases of committing a crime or breaking the rights of a customer (according to the petition of a customer).

1.9. A businessman gains the right of sale of the goods for foreign currency at payment by him of the double rate of fixed tax one in national currency and one in the foreign currency.

2. To increase the entry of means in the budget from 1.10 1999 increase the rates of the fixed tax for the businessmen executing trade-purchasing activity by the industrial goods twice. When the size of the minimum wage is changed the rate of the fixed tax in dollar numeration remains invariable till 1.05 2000. All subsequent changes of the rates of fixed

tax should agree with the representatives of free trade unions of businessmen.

2. The Council of Ministers of the Republic of Belarus in a month's time should ensure the reduction of the legislation according to this Decree and also arrange measures directed to realise rules of this Decree.

3. The Council of Ministers of the Republic of Belarus up to 1.01.2000 together with the representatives of independent businessmen’s structures of the Republic of Belarus and the Free Trade union Belorussky engaging the experts-economists including foreign ones should elaborate scientifically based tax fiscal policy concerning the businessmen including representatives of small business with the subsequent opened arguing of it in a mass media.

4. This Decree has its force from the date of its publication, is temporary and according to the third part of article 101 of the Constitution of the Republic of Belarus is presented for consideration to the National Assembly of the Republic of Belarus.

The president of the Republic of Belarus A. Lukashenko

Has prepared Valery Levonevsky

(It is offered to the President to be signed).

The remarks and proposals – tel./fax (0152) 72-00-72, 31-30-62, pager (0152) 73-00-00 subscriber 95200, For the letters: 230005, Grodno - 5, subscriber box 63. E-mail: levonevski@imail.ru <mailto:levonevski@imail.ru>

Comments: the authors of this Decree have tried to keep to the traditions and style of the previous Decrees. The acceptance of this Decree will allow to remove tension in the society and according to the independent experts will allow to fill up treasury monthly not less than on 1.3 million dollars of the USA and on 1.7 trillion roubles.

Point 1.1. and 1.2. of this Decree are taken from the present practice of realisation of the confiscated goods by official bodies which sell the confiscated and excepted goods without any certificates.

The liability of the businessman before a customer is established by the law of RB «About Protection of the rights of a customer».

For the to government and the President it is necessary to solve 2 problems:

1. Are they in general "for" the business or "against" it?

2. What do they understand under the word "business" and what do they want from the businessmen?

If they want the business to develop and the budget to be filled up, they should sign the decree.

And if they want the officials to conduct corporal punishment at businessmen by fines and expropriation of the goods and those are indignant, strike and protest in the answer they may continue in the same spirit.

We invoke the Government and President for common sense: «Show prudence! The citizens of Belarus (businessmen) offer you an exit!»

11.09.99 Valery Levonevsky

What do businessmen want?

Since September 1, 1999 the majority of the markets of Belarus stopped to work. People who are not familiar with the problems of the market it is amazing: “What for do these sellers strike, do they have nothing to do?” But those who in any measure is familiar with problems of the market know that the authorities have sufficed the sellers! They have sufficed up to such a degree that the majority of the businessmen are voluntarily refused to trade and to earn on the existence. In general, it is «the Belorussian phenomenon» that «the businessmen» anywhere in the world there is no such a problem when the representatives of western business are told that the businessmen strike they do not understand it: «How can it be?».

For years of communist life a considerable proportion of the population had got the opinion that businessmen are "class" enemies, exploiters who make profit at the expense of the workers. The small merchants were told about as “speculators - wreckers". Till now in the criminal code of Belarus there is an article determining the criminal responsibility for gamble. The thing which in the criminal code of Belarus is determined as a crime everywhere in the civilised world it is considered as normal business. Those who has visited Poland, Lithuania, of Turkey or other countries with more or less formed market economy saw how in these countries the trade of the small businessmen is advanced. Everywhere in the world already they have already come to the conclusion that to make the goods it is half-business, the main thing is to sell it and sometimes it happens to do much more difficult than to make it. In the Soviet period of a universal deficit the trade was considered as the form of distribution and was almost completely controlled by the state and appearing "speculators" were severely punished by the state.

So what do the businessmen want? Why do they strike?

The political changes which have taken place per last years in Belarus, namely strengthening of personal power of A. G. Lukashenko have resulted in destruction of political-legal space, the legal businessmen’s activity in Belarus became practically impossible, and the most vivid example is businessmen engaged in trade-purchasing activity. In other words, for these years such legislative acts (laws, decrees, orders) which cannot be executed are accepted, so it is impossible to be legally engaged in the businessmen’s activity. The fine and confiscation system of a robbery of businessmen which allows to fine them at any moment when an official wants to do this is created. At the markets of the Republic of Belarus there were a lot of inspectors and employees of law enforcement bodies everyone with the plan on fines and expropriations. The businessmen «creaking by teeth» suffered this outrage.

September 1, 1999 the life of the businessmen should become even more complicated. Now for any businessman the official could confiscate all goods, i.e. leave him without means to live on. The fear to lose all goods made a majority of the businessmen leave on enforced holiday, so the all-republican strike of the businessmen has practically begun. The authorities with the help of a misinformation, empty promises, payoff and blackmail attempt to break the strike. As a result of black-leg activity of the leaders of the state trade union "Sadruzhnosts" they managed to persuade a definite part of the Minsk businessmen to start their work practically having achieved nothing. But as more 70 % of the businessmen of Belarus supported the strike, the authorities started a dialogue with us. September 8 1999 in Minsk the conference at the Vice-prime Minister of the Republic of Belarus G. V. Novitsky was held. However the representatives of free trade union of the businessmen were not allowed to be present at it. The considerable part of the participants of the conference was represented by the workers of law enforcement bodies who defended the right to conduct "corporal punishment" above the businessmen. The experience of other countries suggests that the law enforcement bodies should execute the laws and catch the criminals and on similar conferences where the proposals to change the legislative acts are discuss they should not be present.

What is the result of the conference? - the officials who have no rights to do this are given directions not to execute the Decree of the President of the Republic of Belarus from 1997 #14 in a part of expropriation of the goods from the businessmen (!?).

- businessmen ostensibly will not be required about the genesis of currency.

- The following proposal was approved: clean forms of way-bills should be bought in Moscow as the documents verifying purchase of the goods and businessmen should fill in forgery. The employees of MIA, ostensibly, promised to shut their eyes to this.

The free trade union of the businessmen was not satisfied with the result of this conference and it accepted a decision to continue the action of the protest.

As the authorities in mass media misinform the population approving that do not want to pay taxes businessmen at all, the free trade union of the businessmen offers its version of escaping from the created crisis situation.

In the protocol of conference from September 8, 1999 of point 2 it is written: «The Ministry of business and investments, MIA and STC together with other interested persons should prepare and in fortnight term introduce the project of the Decree … »

The free trade union of the businessmen introduces the project of the Decree which would decide many problems of the businessmen and would increase entry in the budget both in national and foreign currency. To solve a crisis situation there is no only one – signature of the president. This project is drawn up on the basis of the proposals of businessmen, the most figurative essence of these proposals is expressed in the words of the businessman Lena from Minsks: «I agree to pay more, only let me rest, let me work quietly!».

We are charged that we are "non-constructive" opposition. Is a member of parliament a part of “constructive” opposition only if he offers to change the Constitution and to prolong the authorities of the president on indefinite term?

Sergey Rukomoinikov

ADVICE (from archive)

There are some advice when you are lodged claims by the inspectors for breaking of tax, currency and other legislation:

1) Do not worry. Behave politely and correctly. Ask to show the documents of inspectors, write down their surnames, place of work, number of the business card.

2) Do not hurry to explain and to undersign in the document made on you (protocols, Acts, etc.). The Law does not obligate you to undersign these documents, especially if they are drawn up with breaches of the law. To sign any documents drawn up not by you is your right but you are not obliged to do it. Read attentively everything they have written on you.

Explanations and oppositions you can submit later (within 5 days) when worrying pass.

3) When a protocol is made up on you, ask the inspector to suspend the consideration of the protocol for 10 days as you need the legal help. Object to the consideration of the protocol at your place.

4) Not delaying come to the native trade union (the hotel "Neman", room 201, 2 levels, Monday, Thursday from 18.00 till 19.00) for help. The earlier you will come to us, the more chances you will have to win the business.

5) Require from the supervisors to hand you of copies of all documents, drawn up on you (even without your signature). The copies of the documents should be legible and well read.

6) If you have decided to explain something on your place (without our help) write them in duplicate (under copy paper – a pen, a sheet of paper and copy paper should be given to you by the inspector). Think over what you write very well as each written word can have the relevant value in business.

7) if you are attracted for sale of the goods for foreign currency demand to find a person who have bought the goods. (the inspector should do this)

8) Remember that the inspector of STC has no the right to go into your place of residence without your agreement if you do not state that you store the goods at home (the goods can be stored for example: in the car which is driven by your friend now, in the other city, at other person the place of residence of whom you do not know etc.)

Visits of your house by inspector without your agreement and without legal basis on this is a severe offence.

9) Record the name of the witnesses verifying your reasons about your innocence and breaches on the part of the inspection.

Do not be afraid, do not hide the facts of the ungrounded cavils to you and rackets. Our trade union can defend you, help by business and advice. Some cases (if an applicant agrees) we shall publish. What is the official with “red hands” afraid of? Publicity of his illegal actions. On many of them we have already got a large database. I invoke all to fill up the base of the trade union.