November

2000

From the editors

According to the solution of the Strike committee of the businessmen of the Republic of Belarus and Belorussian Trade union of the Businessmen (BTUB) November 23, 2000 a one-day all republican action the protest will be held. Everywhere in the Republic of Belarus the markets terminate activity for one day. It is a preventive strike which express solidarity of the businessmen. We should show that we disagree with the outrage concerning the personal businessmen which is continued by the Belorussian authorities. The certificates, increase of taxes, customs duties, confiscation of goods and money, high fines, frank cynicism of different inspectors, huge sums for the rent of trade places � it is not a complete list of the policy of our state which is directed on the "development" of business in the Republic of Belarus. We think that is necessary to undertake a number "of preventive" measures: one-day strikes, meetings, negotiations with the authorities. If it will not help, then we offer to stop payment of taxes and other payments in the budget from 1.01.2001. The 23.11.2000 strike will show: how the businessmen of the Republic of Belarus are ready to protect their legitimate rights and interests. As well as last time there will be attempts to break the actions of the protest. New and old pseudo-leaders will appear, the state television will diffuse hearings that the strike was not held in a city etc � Not to be deceived read the Bulletin "THE EMPLOYER" or messages in the Internet (http://levonevski..net/)-section NEWS. Information can be received on the phone in Minsk 260-97-75 (Leonid Kalitenya) or in Grodno 31-30-62 (Valery Levonevsky). All our applications contain signatures of the officials of the Strike committee and the Belorussian Trade union of the Businessmen (BTUB). The right to sign belongs to Valery Levonevsky (the head) and his assistants � Leonid Kalitenya, Alexander Vasiliev. If you see that the application is not signed by somebody from them or is made anonymously (group of friends, the council of the trade union etc.) estimate it as the provocation.

The 23.11.2000 strike is held at any coincidence. Below we publish an abstract from the protocol of the meeting of the Strike committee of the Businessmen of Belarus.

The abstract from the protocol of the meeting of the Strike committee of the businessmen of the Republic of Belarus.

Minsk 2.11.2000

Have decided:

To realise on November 23, 2000 a preventive one-day all - republican strike of the businessmen.

TO PUT FORWARD THE FOLLOWING REQUIREMENTS:

1. To cancel the Order of State customs committee of the Republic of Belarus from September 20, 2000 N 55: �About customs registration of the goods imported to the customs territory of the Republic of Belarus from the territory of Russian Federation made in the third countries and put in the free circulation in Russian Federation� in the part concerning personal businessmen.

2. To make changes in the Decrees of the President of RB # 14 from 04.08.97 and # 15 from 04.09.98 excluding the confiscation of goods and groundlessly high penalties on article 154 of part 1, part 5 (the Law of RB # 352 - 3) for the personal businessmen.

3. To not admit the increase of the present fixed rates of the tax for the personal businessmen. They have grown since October 1 2000 on 40 %

New, increased in 2 - 3 times the rates of the tax offered by the project of the Decree �About regulation of the businessman�s activity� which is on the co-ordination in the Council of Ministers of RB will ruin a majority of the personal businessmen.

We think that it is necessary to give personal businessmen the right to pay the tax according to the Law of RB �About the income tax from the citizens�, i.e. depending on the obtained income.

We think that the payment for the rent of a trade places in the markets of the country is groundlessly high, the size of rent is established arbitrary and does not correspond to the Legislation of the Republic of Belarus about pricing.

The chairman of the strike Comiittee Valery Levonevsky

The employees of militia are attracted to the disciplinary responsibility.

26.10.2000 the Belorussian Trade union of the Businessmen got such answer from the Ministry of Internal Affairs of RB.

Let's remind a history. In the middle of August, 2000 in stadium "Dinamo" in Minsk Igor Namochenko, a member of the Belorussian Trade union of the Businessmen was excepted the documents and was put the handcuffs on. Igor protected a women who sold her goods near because the employees of militia have begun to adhere to her asserting that she had sold the goods for foreign currency. On the actions of the employees of militia we sent the petition. The outcome is: the employees of militia are attracted to the disciplinary responsibility for wrongful exception of the documents and for a disorderly conduct by using special means (handcuffs). So, keep in mind that if the employees of militia or tax bodies except your documents or things without making a protocol on the place of exception, it is the roughest breach of the current legislation.

November 23, 2000 a one-day all-republican strike of the businessmen

Once again about the sore.

Practically in all cities tentative "raid" on the businessmen connected with custom registration of the goods brought from Russia passed.

What should we do in such situations? Some advice for those who would like to avoid large troubles. We have already written about it but in view of importance the subject we shall repeat it once again.

The order of the State customs committee of the Republic of Belarus from September 20, 2000 N 55: �About customs registration of the goods imported to the customs territory of the Republic of Belarus from the territory of Russian Federation made in the third countries and put in free circulation in Russian Federation� has its force from October 1, 2000. We disagree with this Order and Decree of the President on this problem as since they contradict the Constitution of the Republic of Belarus, Agreement between the Republic of Belarus and Russian Federation �About creation of equal conditions to the subjects of managing� from December 25, 1998, and agreement between the Republic of Belarus and Russian Federation �About the equal rights of the citizens�, other obligations of the Republic of Belarus. The Belorussian Trade union of the Businessmen and the Strike committee of the businessmen offer:

-To realise on November 23, 2000 a preventive one-day all-republican strike of the businessmen;

-         from 1.01.2001 year stop payments in the budget and to realise a one-month all-republican strike;

- In all cities as agreed with the local branches of the strike committee organise meetings and other actions of the protest;

-         To begin to collect signatures under the letter about the cancellation of these legislative acts directed on infringement of the rights and legitimate interests of the Belorussian businessmen.

Why is the strike delayed on 1.01.2001?

First of all, you can trade on old way-bills up to 1.01.2001.

Secondly, we want to realise mass, well prepared action of the protest.

Thirdly, from our point of view, the main sanctions will begin in 2001 when documentary checks will be� realised.

Fourthly, we hope to cancel these illegal legislative acts.

Our lawyers pay attention the businessmen to the following circumstances:

-         This Decree and Order contradict the above-mentioned documents and should not be carried out in the Republic of Belarus.

- To establish, that the goods made in the third countries and put in the free circulation in Russian Federation imported to the customs territory of the Republic of Belarus by juridical persons and personal businessmen from Russian Federation (further goods) are the subject to the customs registration in the established order taking into account all features defined by this order (item 1 of the Order #55).

Hence:

1.      The goods imported by the citizens (who are not businessmen) are not the subject to the customs registration.

2. If you buy the goods, for example, from the businessman in Belarus on the appropriate documents (fly-off slip etc.) or take them on commission at somebody in Belarus (citizen, organisation, businessman etc.) documents, connected with the customs registration should not be shown when you sell the goods.

-         A person displacing the goods is obliged to write them down into the declaration by the application to a customs body of the appropriate customs treatment in the term not later than 15 calendar days from the date of delivery of the goods to the point of unloading in the Republic of Belarus (item 1.1 of the Order #55).

I.e. you can as long as necessary go into the point of unloading. The point of unloading can be in the other city (in which you do not live).

-         The order has its force only from 1.10.2000.

Therefore, on the documents which have been made out before 1.10.2000 you can trade even for two years.

We believe that in different regions the spontaneous, unorganised strikes of the businessmen called by the provocation or circumstances can begin. Act as you think is necessary. The main thing is that you should be ready to all-republican Actions of the protest. Together we can change the situation.

Besides:

1.      Do not sign any documents drawn up on you without consultations with our lawyers. Remember, to sign any documents is your right but not a duty.

2. Make the acts on the employees of militia, tax inspectors and customs bodies in a case when they force you to sign any documents or commit other wrongful actions.

2.      Do not explain anything without consultations with a lawyer (it is desirable with ours). You can explain everything in a week and orally or not to explain at all.

4. You are not obliged to come to a tax or customs body on their call to explain something, to give documents etc. These bodies have not any right to call you on these problems.

The notice: the businessman is obliged to grant (but to not bear somewhere) documents connected with calculation and payment of taxes (instead of customs payments). If you think that it is not necessary to write customs and other payments connected with the purchase of the goods down in the structure of expenses there is no necessity to grant these documents.

5. You are not obliged to receive the certified mails and notices from tax and customs bodies.

6. Article 37 of the Code about Administrative breaches of the Republic of Belarus (CAB of RB)

Terms of imposing of the fine on the administrative law.

The fine on the administrative law can be imposed not later than two months from the date of making a breach, and at a lasting breach - two months from the date of its disclosure.