November

1999

About history of development of trade unions of the businessmen and people working hiring or what for trade unions of the businessmen are necessary (analytical review) 

Belarus is a unique country. In the sense that it is the only country where trade unions (!!?) businessmen are created and are widespread. Many of our western and eastern colleagues do not understand. How such can be – the trade union of the employers? Unions, associations of the businessmen, clubs – all this is clear but why do we speak about trade unions of the businessmen?

The matter is that the word “the businessman” in the legislation of the Republic of Belarus means both large businessmen who have 1000 people working on hiring and the small sellers who have one or two people working on hiring or in general they are engaged in their business alone. If large businessmen can hire lawyers, book-keepers and other specialists, can protect themselves somehow from the outrage of the state, small businessmen do not have such a possibility.

To understand the nature of trade unions of the businessmen and people working on hiring it is necessary to explain some questions.

1)     Who are personal businessmen in the Republic of Belarus?

Small personal businessmen are approximately 100-130 thousand people, plus 250-350 thousand people who work on hiring for them. The small businessmen are not protected by the legislation in any way. The labour legislation is not distributed on to them. The main employer for a small businessman, in classic understanding of this word, is the state. The state registers businessmen (gives them the right to work), issues rules on which a businessman works. As a matter of fact, a personal businessman is a hired worker for the state. The only difference of him from a worker of the organisation it that he puts his own money in the business, responds on the obligations by the property, works more than 12 hours per day and contains the family for this money. People working on hiring for the businessman, as a rule, are either his close relatives or good friends. It would be correct to call this category of the people – shop-keepers, taxi drivers, handicraftsmen etc.

A lot of personal businessmen are the former engineers, teachers, lawyers, officers of the army and militia, doctors. Many of them can not simply support the family for the low salary or pension and are compelled to try the forces in the sphere small business.

More than 60 % of personal businessmen has the higher and secondary professional education.

2)     Why are businessmen and people working on hiring for them compelled to be integrated in the trade unions of the businessmen?

The businessmen is an originating middle class in our country. Middle class – is the basis of any civilised society. Our state is compelled to struggle with the originating middle class as the middle class is an opponent of any dictatorship. The main reason of welfare of Europe and America is a huge quantity of people with average earnings. The dictatorship in these countries is basically impossible.

Everybody including the authorities understand that the process of formation of the middle class in Belarus (in the centre of Europe) is inevitable. But this process can be slowed.

Personal business in the Republic of Belarus has began to develop approximately in 1991. The greatest development it received in 1994-95 years. If A. Lukashenko had not come to the office, the business in our republic would be developed today very strongly and the economics of Belarus would be at the level of Poland or even above. Starting approximately from 1995 A. Lukashenko has declared the war to free business in Belarus. The main reason of such behaviour of A. Lukashenko is that, having come to the office, he has the purpose to create own dictatorship. And this dictatorship is distorted with elements of communism and fascism. Understanding, that the originating middle class will be an opponent of any dictatorship he began a set of measures to destroy the middle class.

As A. Sazonov, the minister of business and investments said to me in the private conversation: «We would shut you (businessmen) long ago, but there is no place to “put” you».

The matter is personal businessmen and their families without dependence from whether they get income or not have no the rights on any manuals and social warranties, as a matter of fact. It is forbidden to the personal businessmen to be registered in the labour exchange to look for work, they do not receive even the beggarly unemployment benefit. Due to the personal businessmen the state manipulates digits of the unemployed in the country in the part of reduction.

The full prohibition of business can be turned into the social detonating. As personal businessmen contain the families and many officials. The state has elected another way to destroy the middle class – the creation of rules (laws) on which it is possible to take the property (personal income) of the businessmen away on the formal and far-fetched reasons. In the state the system of the fines, financial sanctions, criminal and administrative prosecution of the businessmen who have any income is created. In the country where judicial, executive and the legislative authority belongs to A. Lukashenko - it is easy to do this. The offences of businessmen on TV by A. Lukashenko is  the norm for Belarus.

The businessmen in the Republic of Belarus, as a rule, have paid taxes before they start work (fixed tax). Despite of it they are fined for hiding of the income which they did not get. Examples:

-         A businessman sells pens in the market. He has paid all taxes a month before to have a right to trade (at the rate that he will have commodity circulation in 1000 minimum wages per one month). The thief has stolen a pen from the businessman. The shortage of this one pen on the work place is considered «as hiding of the income» and the businessman should pay the administrative fine in five minimum wages. The second such "breach" is followed by the criminal responsibility. More than 500 of such criminal cases have been lately instituted.

- The businessman who is engaged in trade-purchasing activity has the commodity circulation in 10.000 dollars of the USA per one year. In the declaration about the incomes he indicates that the expenses to buy the goods are 8.000 dollars and the clear profit is respectively 2.000 dollars. The tax body does not recognise purchasing and other documents on purchasing of these goods and makes up the Act of the check. In the act of the check it indicates that the clear profit of the businessman = to the gross income (commodity circulation). 8.000 dollars in this case are considered to be the hiding of the income and the businessman should pay the sums of fines up to 20.000 dollars of the USA.

To be sure that the businessman will pay this fine he is taken all property from the home away. The disputes in the courts for the businessman doomed, as a rule, on a fall. Moreover, a businessman who was brave enough to argue with the controlling bodies can be calculated heavier fines and financial sanctions.

-         The goods are subject to be confiscated from the businessman at the transportation or realisation if an inspector does not like way-bills or other documents on the goods, there is no a document about purchasing of the currency, if the goods are purchased abroad (as it is known in Belarus it is impossible to buy currency legally) or for another reasons.

All state machinery is engaged in one thing they invent rules on which it is possible to select the definite sums of money, except for taxes from a citizen. And these sums are higher in ten times than taxes.

Conclusion: the trade union of the businessmen is necessary to protect economical and social rights of personal businessmen and people working on hiring. The businessman can not defend himself from outrage of the state because he will be crushed by the state machinery. The trade union has chance to defend not only concerns of a businessman but of a whole group of businessmen by the mass actions of the protest, by the proposals to change the current legislation, by creation of own legal service of free of charge legal help, and issuing own trade-union’s issues. With the gangster state it is possible to struggle only if you have a strong organisation.

One more problem is the extortion of bribes from personal businessmen.

In the country the well organised system of the extortion of bribes is created. Each personal businessman is compelled to pay bribes to different inspectors up to 20 times per one year and more. The legislation allows to punish a businessman to formal reasons some times per day. Whether a businessman will work or not depends from an inspector. Each supervisor has the schedule on the fines and financial sanctions. 100 % of businessmen work with breaches of the rules established by the state (these rules are certainly can not be executed). If you give a bribe they will not check up. If you do not give - the fine and prison. To conflict with an inspector is dangerous. A man who has said about a bribe can not work any more. He will be tired of checks.

Conclusion: It is possible to struggle with this defect which is in the rank of the state policy only having created an organisation of the businessmen – the trade union. The trade union sums up the facts about the bribes. It creates conditions in which inspectors begin to be afraid of publicity of cases of the extortion of bribes. On behalf of the trade union it is possible to submit the appropriate applications without indication of particular surnames of businessmen from whom the bribes are extorted.

One more large problem is the Rent of trade places. To execute, for example the trade, the trade place is necessary. To trade outside of specially retracted places is forbidden. The trade places in the markets are given by different commercial structures …. formed by the local authorities, offices and relatives of different officials. For a meter of the trade area a businessman has to pay more than for the rent of a one-room flat. Thus a businessman has no any rights and depends on the will of the manager of the market, instead of from the law. Monopolisation of the state and near state structures in this sphere allows to dictate any conditions to a personal businessman. In case of disobedience a businessman is sent off from the trade place and remains without means to live.

Conclusion: the trade union of the businessmen is necessary to protect businessmen from the outrage of the management of the market.

The notice: we, the Grodno trade union of the businessmen, tried to rent the ground to build own ware market. The authorities of the city refused to grant the ground to rent to build the market.

The permanently changing current legislation in the field of business, large volume of legislative, normative and legal acts (more 5.000 printed sheets) make the analysis of this legislation impossible for personal businessman. Nobody in the Republic of Belarus even inspectors know the legislation in the field of business in a full volume. To study personal businessmen it is necessary to conduct legal training. But there are also many difficulties. The first large difficulty is the absence of a room to realise training. The local authorities have entered the licensing system to realise meetings and seminars. And the sanction should be received 15 days prior to the beginning of a seminar. As a rule, the authorities refused to grant sanctions to realise meetings and seminars. The business-centres, require huge payment to rent a room that makes the realisation of seminars also impossible.

The long-term rent of the large area is also problematic. As a rule, the authorities say that there are no areas to rent. And to rent a room the municipal authorities require 6 dollars for a square meter of the rented area. The red tape to get a room creates huge difficulties in this problem. To buy own room for own means, to equip it is difficult because of the sharp shortage of money resources. The legislation in the sphere of personal business has the brightly expressed specificity. It is impossible to distribute positive experience of foreign countries in the sphere of business to the Republic of Belarus in the clear state.

As a rule, in the business - centres and in other organisations created at the executive committees there are no specialists in the field of personal business. The professors and lawyers - theorists are terribly far from substantial businessman’s life and can not render real legal help. It is the second large problem.

This problem is decided by the trade unions of the businessmen through the bulletins "Businessman" where advice of the lawyers are given, through consultations of the lawyers with whom the trade union co-operates.

One more essential obstacle in the development of business is a registration system for trade unions and public organisations. The system implies the presence of a legal address (without presence of a legal address you will be refused in registration). To have a legal address in the place of residence is forbidden by the law. Overwhelming majority of uninhabited fund (i.e. the place where it is possible to get a legal address) belongs to the state. And the state is failed to grant rooms to progressively adjusted public organisations and trade unions. So, in Grodno all primary organisations of the free trade union are refused to receive a room for a legal address. Those who were given rooms (from objectionable) are made to leave the rooms increasing payment of the rent and in other ways.

Why do businessmen can not be united in businessman’s unions and business-clubs to protect the rights and legitimate interests?

Businessman’s public organisations (unions, the clubs etc.) can not effectively defend themselves and their members. Today there is question not about the development of business and about of its survival.

To protect the rights and legitimate interests of the businessmen it is necessary to conflict with the government officials. After the first conflicting this public organisation will have a financial check, the mad sanctions will be adduced and this organisation will be closed. Tax or other check is a favourite way of the authority to finish with any objectionable organisation.

Other matter is trade unions. First of all, the trade unions have the right to strike and now are protected internal and international legislation.

Article 23 of the law of the Republic of Belarus «About professional» unions prohibits the control of the state over financial means of a trade union except for the incomes from the commercial activity. Therefore, the probability of pressure of the state by "checks" on the trade unions is limited.

In the second, the trade union more closer to personal businessmen on definition as businessmen are united on occupation characteristics – the trade union of the sellers (trading on the market), trade union of the taxi drivers etc.

Present businessmen’s unions is, as a rule, near-state structures which do not have any attitude to substantial business. The legislation in the field of business is developed by people who is far from the business world.

The trade unions of the businessmen have begun to form in 1996, i.e. when the state began to kill the businessmen as the class.

In connection with the fact that in Belarus there is a large problem with an official admission of non-state businessmen’s structures and trade unions (registration), the businessmen form trade unions under the trade unions which are already present. The preference by us is given to the Free Trade union Belorussky. It is an enforced and indispensable measure as it simplifies a procedure of obtaining of a sample and legal status.

Substantially in the Republic of Belarus the small business is controled by the strike committee of the businessmen. This structure is not registered and has exists there is already for more than two years. The strike committee consists from different trade unions of the businessmen and people working on hiring, businessmen, initiative groups of the businessmen. This is a substantial structure which is not recognised by the authority. The strike committee has organised more than 5 all-republican strikes of the businessmen including those with the termination of payment of taxes and other payments in the budget in the sign of the protest against the outrage of the authorities. With the participation of the strike committee a number of mass meetings to protect the economical rights of the citizens is organised.

Today the strike committee works to strengthen its structures in regions and district centres. There is an activity to create the republican structure of the businessmen. We are ready to the situation when the authorities refuse to register it. It is already unimportant for us. All solutions of the strike committee are executed everywhere in the republic without dependence on its registration. One of the directions of activity of our structures - rendering help to create youth, female organisations and organisations which protect human rights. Only in Grodno for the last half a year a number of organisations on different directions with the total number of members more than 400 men has been created by us. We are active participants in realisation of training on electoral know-hows.

We think that the personal businessman in Belarus is the basis of originating middle class. Despite of all persecutions the businessmen survive. More than 60 % of the businessmen and people working on hiring are women and women - mothers. They have nothing to feed their children, therefore they have to work day  and night in chill and rain. As a rule the businessmen work on money which were borrowed from neighbours and acquaintances (1000-2000 dollars). For the majority of the personal businessmen it is the huge sum of money.

One of directions elected by us is a creation of resource centres for small business. The present resource centres for public organisations have the specificity.

They execute their important but not a main problem (from our point of view) and they should be rendered help. The influence of BNF and other old opposition structures is strong there. On this soil there are small misunderstanding and conflicts. We have absolutely different approaches to the solution of primary goals and problems. They help to decide spiritual and historical problems: revival of the Belorussian language and traditions. Our primary aim is the substantial solution of economical and political problems, work with broad layers of the population and development of the long-term programs on the device and government. Many from them act for revival of nationalism - we are for friendship and business partnership with all states. From our point of view, the discovery of resource centres for the personal businessmen and people working on hiring is meaningful. And today it is substantial non-political force which is capable to finance itself. This force has a huge potential. The state being controlled by A. Lukashenko and will further plunder the businessmen (there are nobody left to be robbed) so the conflict between 300.000 army of middle class and small group of people who seized the power by a fraud will be more difficult. When the common sense conquers this opposition (businessmen) it will depend only on cohesion of businessmen. And that the victory will be ours, we do not doubt.

Valery Levonevsky

From the editors

Dear businessmen.

We congratulate you with the first, small but victory! In Minsk the first expropriations of the goods on point 1.22 of decree №14 began. On Friday the employees of DSEC of the Soviet district of Minsk and divisions of DMSA conducted the operation on confiscation of the goods from the businessmen. Militia were not allowed to take the confiscated things out militias as the road to them was blocked by sellers at the market (more than 500 men). There is an example to follow - offend of your neighbour, collect and do not allow to offend a man. Today you help him - tomorrow he will help you.

The property of businessmen trading at the market was described and arrested. We at 14.00 came to that place and made up Acts on the employees of militia (about the breach of the law of RB «About militia» and current legislation). We send the appropriate applications to institute proceedings against that employees of militia. Besides at the following day the solution about a one-day republican strike was accepted, one of the requirements is to return the goods to the businessmen of Komarovsky market. About our actions the appropriate ministries and law enforcement bodies were informed. The authority receded for the first time. The goods were returned to the businessmen.

These applications were handed to the prosecutor's office In connection with the low activity of the businessmen and desire of many businessmen to work (more than 60 %), promise of the authorities not to apply point 1.22 of Decree №14 (is it possible to believe them after the case at "Komarovka"?) the strike committee does not plan the all-republican irredeemable strike from 1.11.99. But we save full readiness to begin the mass actions of the protest at any time. Planned measures:

- 11.11.99- a one-day all-republican action the stock of the protest with the requirements: to return the confiscated goods on point 1.22 of decree №14 (has lost a urgency, but it is still possible that up to 11.11.99 the goods will be confiscated somewhere), to stop a robbery of the businessmen, to cancel mandatory slip system, to accept the proposals of the businessmen on change of the current legislation (including the project of the decree offered by the strike committee).

- November - December in Grodno, Minsk, other cities realise of wide meetings and second stage of the action «OUR CITY». Charitable measures.

- Realisation of the local actions of the protest against an outrage of the separate officials.

- Preparation to the irredeemable stock of the protest since 1.01.2000.

As the life has shown the authority is afraid of public speeches more than strikes. The 17.10.99 meeting was a success due to your support (more than 70.000 invitations to the meeting was made by own forces, a lot of souvenirs was bought and distributed, the huge propaganda activity was conducted). And though there were few businessmen at the meeting (hardly more than thousand) but due to them not less than 10.000 men gathered. We shall try to make the following meeting "cooler ". Remember that we can achieve something only together and if we are engaged in it permanently.

The bulletin "Businessman" became all-republican. We would issue it more often but we do not have means for this purpose. We shall be very grateful to everyone who will help us by voluntary target fees, paper, by multiply equipment (we can rent it), consumable materials.

We are grateful to all for substantial support!

Will be some more attempts of expropriating of the goods? Certainly will be. Decree №14 was received specially for this purpose. What shall we do?

Is it necessary to struggle with the state policy directed to robbery of the businessmen?

Everyone will answer to this question himself. Our problem is to develop and to build the protective system of the businessman from an outrage of the state and government officials.

The first thing which a robber or law breaker is afraid most of all is publicity. Who was present when the Act on the militiamen at the Komarovsky market was made up (about the breach of the law of RB «About militia» and current legislation) paid attention that all employees of militia amicably had "forgotten") their surnames and refused to show their certificates. Moreover in the graph «Explanation of the law breaker» refused to explain their actions. Why? It was clear for militiamen that they were breaking the law. The law of RB «About militia» the employee of militia are assigned a lot of duties which they refuse (forget) to execute. What concerns particularly expropriations of the goods at the "Komrovka" we shall call only some characteristic breaches of the militiamen (their total number was more than 10) - refusal to show the business card and to call surnames to the official of the trade union, refusal to conduct the detail inventory of the excepted goods (in the inventory each unit of the excepted goods should be carefully described - colour, size, presence of buttons, locks and other distinctive traits of a thing), refusal to explain some things, refusal to call the procurator to the market, attempt to organise mass disorders by the wrongful acts, refusal to execute legitimate demands of the citizens etc.

The fixation of any incident with the breach of rights of the citizen can be realised through the Act. The act can be made up by any citizens, representatives of trade unions or militia. The act is made in the arbitrary form. In the obligatory order you should indicate the date, time and place of making up the act, description of breach or fixation of an event, signature and address of persons who have compounded the Act in the act. It is necessary to allow a law breaker (militiaman, tax inspector etc.) to explain everything and to sign the Act. If he refuses from explanations and signature in this graph you indicate: refused from explanations and signature. The act is a very important document. It can be made up and then when your neighbour are withdrawn from a trade place to made up a protocol (all protocols should be made on a work place and the witnesses should be only neighbours-sellers or citizens who pass near the trade place. A worker of militia or tax inspector can be a witness only if other witnesses are absent. If to you have been refused to be a witness fix it in the Act.

The acts should be given to your chairman of the trade union.

The act (example)

22.10.99. Minsk

14.30 Ware market "Dynamo"

About the breach of the law of RB «About militia», the Constitution of RB and other legislation.

We undersigned testify that the employees of militia refused to show documents (certificates), refused to make up a detail description of the excepted things, to make up other documents foreseen by the current legislation, to call the employees of the prosecutor's office.

The behaviour of employees of militia was rough and rude.

The employees of militia (from their words) are from Soviet DDIA, Minsk, lane of Yakub Kolas 3.

Explanations of the law breaker: they have refused from explanations.

Signatures Sidorov А. А. Minsk Sovetskaya street 12-4

Ivanov V. V. Minsk Mira street 34-5

Petrov S. S. Minsk Kommunalnaya street 71-35

The act (example) 22.10.99. Minsk

14.30 Ware market "Dynamo"

We undersigned testify that the employees of ISTC refused to make up the administrative protocol at a trade place, forced to give explanations, forced a businessman to come to a service room, refused to attract people who are neighbours of the determined man as witnesses.

The behaviour of employees was of ISTC rough and rude employee (Surname, name, patronymic), did not react to the remarks.

The employee of ISTC S. I. Polypianov was drunk.

The employee of ISTC M. M. Vumogatelev required to sell the goods to him on the lower price.

Explanations of the law breaker: they has refused from explanations.

Signatures Sidorov А. А. Minsk Sovetskaya street 12-4

Ivanov V. V. Minsk Mira street 34-5

Petrov S. S. Minsk Kommunalnaya street 71-35

It should be known by everyone

«ABOUT MILITIA» THE LAW OF THE REPUBLIC OF BELARUS (excerpts)

Article 1. Militia in Belorussian SSR

Militia in Belorussian SSR is the state, armed low-enforcement body invoked to defend life, heakth, rights, freedoms and legal interests of the citizens, society and state from criminal and other illegal actions.

Article 2. Tasks of militia

Tasks of militia are:

1) to guard of public order;

2) to provide personal and property safety of the citizens and also public safety.

Article 3. Principles of activity of militia

Activity of militia is built on principles of legality, humanism, respect of human rights, publicity, close connection with workers and population.

Article 4. Publicity in activity of militia

Activity of militia is public, open for the citizens, public and mass media.

Article 5. Legal basis of activity of militia

Militia in their activity is guided by the Constitution (the main law) of Belorussian SSR, this law, other legislative acts of Belorussian SSR and also by the legislative acts of the USSR which work at Belorussian SSR.

Article 6. Activity of militia and right of the citizens

The militia defends each person independently of citizenship, social, financial and other state, racial and national belonging, sex, age, education and language, relation to religion, political and other beliefs.

Any restriction of the citizens in their rights and freedom is allowed only on the basis and in the order established by the law.

The citizens have the right to receive explanations from the employees of militia concerning the restrictions of their rights and freedoms.

A person who thinks that the actions of an employee of militia restrict his rights, freedoms and legal interests have the right to appeal these actions to a higher body or an official of militia, the procurator, in local Council of people’s deputies and also in the court.

Militia gives the possibility to people who were determined and arrested to realise their right on legal protection, immediately inform family, management at the place of work or study about the place where they are kept. If it is necessary the militia take measure to render him immediately medical and other help and also to remove the danger to somebody’s life, health or property which has appeared in the result of detention or arrest of the indicated persons.

The militia has no the right to divulge the information concerning personal life of a citizen which discredit his honour and merit or can harm his and legal interests if the fulfilment of duties foreseen by the law does not require other things.

The article 15. Duties of militia

Militia executing duties which are in their competence are obliged:

1) To receive necessary measures to protect life, health, honour, merit, rights, freedoms and legal interests of the citizens from illegal actions;

2) To receive necessary measures to protect all forms of property from illegal actions;

3) To provide public order;

4) To receive and register the information they get crimes, other breaches of the law and accidents, to react immediately on the applications and information about them;

5) To take measures to prevent, suppress and deploy crimes;

6) To institute proceedings and to realise inquest on them;

7) To execute the decisions of the court within the limits of their competence;

8) To search persons who are escaping from bodies of inquiry, inquest and trial, avoid to fulfil the criminal punishment, who escaped having not informed anybody and other persons in cases foreseen by the legislation;

9) To make an examination on criminal affairs, to investigate materials of operative and searching activity and business about administrative breaches of the law;

10) To execute written errands and indications of the procurator, errands of the investigator about execution of searching and investigation actions within the limits of competence of the militia;

11) To execute in the order established by the law the decisions of the courts, sentences of procurators, investigators and other officials about delivery of persons who avoid to come when they are called;

12) To help to health services in determination and deliver of drunk persons and persons use drugs and other means which cause stupefaction in the non-medical purposes, those who suffer from AIDS or venereal illnesses to medical institutions, it concerns persons who have documentary proved bases;

13) To keep, guard and deliver persons who have been determined and arrested;

14) To observe the rights and legal interests of persons who have been delivered to the militia and if it is necessary they should take measures to render them medical or other help.

Continuation of the excerpt in the following issue

Question - answer

Question: Making up protocols and Acts of checks the inspectors and militiamen demand to give explanations and to sign these documents. Are these requirements of the officials legal?

Answer: They are illegal. To give explanations your right, but not a duty. The compulsion to write explanations is a severe offence. You may explain something only after the consultation with the lawyer (he should be from the trade-union). The compulsion to sign any documents against your will is punished by the law.

Question: I have heard that the law enforcement bodies start the next persecutions against the Grodno trade union of the businessmen.

Answer: Provocations and the prosecutions against the Grodno trade union of the businessmen by special services have the periodicity (not often than once in half a year). The scheme is simple: anonymous letter, check on it to have the possibility to read the documentation of the trade union illegally and to find any “breaches” and active workers. The next provocations against the Grodno trade union are called by the approaching election of the President and to the National assembly of the Republic of Belarus. The purpose is the decontamination of the trade union and its most active members. The active company of special services on distribution of hearings and conjectures has tarted. The provocateurs both in Grodno and in Minsk have become more active.

Question: Is it possible to subscribe to the bulletin "Businessman" ?

Answer: It is possible. Free of charge. An electronic subscription Е-mail: levonevski2000@mail.ru  

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