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January 30th, 2003. Posted in News from Belarus

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The post card

We result the text of the post card of Valery Levaneuski in deputies of the House of Representatives of National Meeting of Belarus.

Dear deputies of the House of Representatives of National Meeting of Belarus!

27.01.2003 President of Belarus signs the Decree №4 «About the uniform tax from individual businessmen and other physical persons and about some measures on regulation of enterprise activity».

The decree legally is not prepared, essentially strikes at the rights of citizens provided by the Constitution of Belarus.

For example: item 13 of the Constitution of Belarus guarantees all the equal rights for economic activities realization.

Decree item 1.11 cancels this norm of the Constitution in factor depending on duration of the period of realization of the goods in sale point. We will carry out calculation for the entrepreneurs trading in the same goods, in the same market. One entrepreneur trades 25 days in a month, the another entrepreneur – 5 days (factor 0,5). The tax rate it is admissible 60 euros a month. The entrepreneurs 1 will pay 60 euros, the entrepreneur 2 – 30 euros. If to calculate, how many each of them will pay taxes in day it will turn out, that the first entrepreneur 2, 4 euros day, and the second 6 euros in day. In other words, rates of the tax for these two entrepreneurs differ in two and a half.

Decree Item 1.18 is entered concept “serfdom” – fastening to a trading place. The entrepreneur pays the tax to month in advance. In the document it is obliged to specify a place where it will trade. To move within the market or a city for sale of goods it cannot any more. The given position not only is direct infringement of the rights of the citizen, but also intervention in economic activities realization. Why the entrepreneur cannot trade today in Grodno market “Central”, and tomorrow in Grodno market “Southern” or in the minimarket in city territory. It is not clearly.

In Decree item 1.19 restriction is established at recalculation of the uniform tax at time failure of activity in 30 days. That is wrongful. The entrepreneur has the right to have a rest so much, how many it is necessary to him.

Decree Item 1.25 is necessary for changing, since tax bodies will impose the penalty in the threefold size not under the rate of one day (in which infringement is revealed), and for the whole month. The penalty will make in this case at the rate of the uniform tax in 60 euros a month – 180 euros.

Such discrepancies, infringements of the rights of citizens, infringements of the rights of entrepreneurs, contradictions with the Constitution in the decree it is possible to count tens.
It is convinced, that such important question as the uniform tax should dare the law, instead of the decree.
Besides, the introduction of such decree into force without fail will lead to mass actions of entrepreneurs.

On the basis of the above-stated I ask:

To send the given Decree on completion or to cancel it.

29.01.2003

Yours faithfully V.Levaneuski

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Note: Translated by means of machine translation. The original text in Russian is on a site www.levonevsky.org or www.levonevski.net
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