Минский Столичный Союз Предпринимателей и Работодателей
 

 

NATIONAL BUSINESS AGENDA OF BELARUS NATIONAL BUSINESS AGENDA OF BELARUS 2006 – 2007 Версия для печати
04.05.2006


I. Protection of property rights and market institutions development


Protection of property rights of citizens is as important as protection of their lives and health. We consider that creation of effective institutions of property rights protection not depending on the sphere of activity, the size of assets and the country of origin, is extremely important. We have to state that Belarus has become a country dangerous for property. There is developed a humiliating for country`s prestige net of shops called ‛Confiscate“. Internal and external investors are afraid of nationalization. The property rights are restricted by dozens of different ‛tools“: price formation, setting expenses, reduction of production growth rate, licensing, obtrusion of production parameters, advertising or conditions of calculation with clients. The budget and the business of Belarus lose hundreds of millions of dollars of income because the goods which go from West to East go around the country. Even Russian insurance companies refuse to insure goods that are transferred through the territory of Belarus.

The Government has provided itself with extra authorities in order to take assets under its control by so called ‛golden stock“. As the result the investment activity has been paralysed. The practice of use of by-laws with ‛back date“ that regulates the economic activity of enterprises, contradictoriness of by-laws which are passed by state bodies has sharply increased the level of vulnerability of business, has complicated corporate planning and enlarged the threats of making mistakes in investing and production.

Even the risks of the owners who have recently purchased assets of state enterprises have sharply increased. Cheque privatization and the means that were invested in cheques were blocked. There is still a lack for a civilized and effective stock exchange market which is the most effective mean of attracting investments. Because of the high property and financial risks Belarus is still a country of extra expensive credit resources that complicates the development of entrepreneurship. State monopolization of insurance business, lack of update financial institutions at Belarusian market and lack of market infrastructure does not favor the modernization of the economy, the establishment of mutually beneficial relations between the real and the financial sector.

We believe that a good partnership between business and the authorities would appear in legislative forms of the following issues:

    Ø Ban on confiscation of goods and property in extrajudicial order;
    Ø Abolition of the budget planning and informing the state bodies about plans on fine-fees and size of confiscated goods; 
    Ø Creation of the conditions for simplified transition of an Individual entrepreneur to  a legal person;
    Ø Implementation of measures for real protection of rights of property for goods while doing business;
    Ø A clear and honest definition of the ‛Moment of ride taxation check-up“ in the current legislation; 
    Ø Implementation of responsibility for issuing ‛back date“ legislative acts;
    Ø Creation of an effective mechanism foreseeing administrative and criminal responsibility for interference intro the business of an enterprise by non-owners; 
    Ø Gradual abolition of limitations of utmost extra charge levels, profitability and price declaration;
    Ø Adoption of a legislative norm on coming into effect of alterations to the legislation that regulate economic activity minimum 3 month after their publication;
    Ø Creation of an effective mechanism of legal proceedings in the country with the courts judging according to the law, but not according to the governmental interests that were incorrectly understood, and their decision being implemented by everybody in the country;
    Ø Abolition of moratorium to sell shares purchased for ‛Imushchestvo“ (‛Property“) cheques; 
    Ø Creation of valuable stock exchange market and development of competition among financial organizations and institutions;
    Ø Creation of an effective system of credit rating of corporate security market; 
    Ø Abolition of the ‛gold asset“ institution;
    Ø Abolition of the moratorium on the sell of assets purchased for cheques ‛Property“