RECOMMENDATIONS roundtable: "Defining a common position on business law" On the domestic trade "

RECOMMENDATIONS
roundtable:
"Defining a common position on business law" On the domestic trade "

city. Kyiv
25 July 2012 y.

Participants of the round table: "Defining a common position on business law" On the domestic trade ", representing :

Federation of Employers of Ukraine,
The Business Council at CMU,
Union of Small, Medium and Privatized Enterprises of Ukraine,
European Business Association,
American Chamber of Commerce,
Ukrainian Union of Industrialists and Entrepreneurs,
Ukrainian trade association,
Ukrainian Association of Small and Medium Business "Fortress",
League food producers,
Ukrainian association of manufacturers of tobacco products "Ukrtyutyun",
Ukrainian branch company for production of beer, soft drinks and mineral waters "Ukrpivo",
Association "Ukrkondprom",
Association of the baking industry "Ukrkhlibprom",
Union of Dairy Enterprises of Ukraine,
National Association milkmen Ukraine "Ukrmolprom",
Association of Ukrainian ice cream producers (frozen food),

ascertain:

Introduced by the Government of Ukraine to the Verkhovna Rada of Ukraine the draft law "On the domestic trade" (reyestr.№ 9443 from 10.11.2011r.) does not meet the declared aim of the project, contains flaws, which form the basis for further undue interference in the activities of government entities, leading civilized trade, any additional corruption factors, further "shadow" internal trade, employment and wages, including:

• bill contains unacceptable terms for statute, defined through terms, with no specific definitions in law, which creates problems in terms of legal application of these standards;
• instead of directly applicable bill contains a large number of rules vidsylochnyh, which are in conflict with the Civil Code of Ukraine, Economic Code of Ukraine, Laws of Ukraine "On State Registration of Legal Entities and Individual Entrepreneurs", "On Government Oversight (control) in economic activity ", "On the licensing system in the sphere of economic activity", "Consumer Protection", other laws, creating competition rules;
• introduces new requirements for additional features contracts during the food trade, which are not subject to regulation at the level of legal act, as is contractual in nature;
• the question is not increasing the rate of supply of retail space per 1000 people, thus forbidden existence of small architectural forms;
• there is no legal regulation of activity in the markets;
• the scope of the bill does not include non-food products;
• not set strict requirements for the feasibility study placement distribution network and responsibility for its violation, bill actually contains a discriminatory provision in relation to businesses, who are on the simplified taxation system. So, for conducting trading activities in the area over stores 200 square meters entities should apply only common system of taxation;
• local authorities and specially authorized executive bodies become too broad and vaguely defined rights to intervention in economic activities, restricting the constitutional right of establishment, prohibited by law;
• introduces additional reporting for business entities without defining the frequency and scope of its provision.

On the legal uncertainty and the inability of the draft revision of its Verkhovna Rada of Ukraine stated in the conclusions of the Institute of Legislation of the Verkhovna Rada of Ukraine and the Main scientific and expert management Verkhovna Rada of Ukraine.

Given the above, and the position of the majority of participants of the round table, consider it necessary to recommend to the Cabinet of Ministers of Ukraine:

• withdraw the draft Law of Ukraine "On the domestic trade" (register. № 9443 from 10.11.2011r.) of the Verkhovna Rada of Ukraine;
• The Ministry of Economic Development and Trade of Ukraine conduct involving NGOs analysis of issues in domestic trade, and, if necessary, resolve them by making appropriate changes to legislation.