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Getmantsev's "white Business Club": corruption, discrimination and control

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In addition to the historic tax increase, Ukraine has launched another initiative of the chairman of the Verkhovna Rada Committee on finance, tax and customs policy Daniil Getmantsev – the so-called "white Business Club". Formally, the idea looks attractive: to unite transparent entrepreneurs who pay taxes in good faith and comply with the law. However, a good wrapper hides the obvious risks of discrimination, corruption and the creation of new levers of influence on Business, writes UNN.

Questionable selection criteria

The decision on which entrepreneurs will get an "honorable" place in the "White Business Club" is made by none other than Evgeny Sokur, acting deputy chairman of the state tax service and former assistant to Getmantsev. It is he who is assigned the role of a "judge" who will decide who is a "white business" and who is not.

Obviously, this approach opens the door to manipulation. It is enough to imagine that a certain business may be blacklisted for political or economic disobedience, while companies loyal to the authorities will receive the status of "white" under closed agreements. Such a scheme sets a dangerous precedent for dividing businesses into "friends" and "strangers".

"No one has officially canceled the presumption of innocence! As long as there is no court verdict, any business is white. Therefore, this initiative is not perceived by me, it has been harshly criticized, and I am glad that my colleagues support my position. This is a purely corrupt scheme, granting preferences to a particular business that gets into some invented club, so far these are unacceptable conditions!"- said in a comment to UNN The head of the #Savefop movement Sergey Dorotich.

At the same time, according to him, it decides who from business should get membership in the Hetmantsev club personally. "How to get (to the club-Ed.)? This is a good question, but this is a question for Daniil Getmantsev, who is engaged in this club. As far as I know, these lists will be formed by the tax service," Dorotich said.

In order to justify themselves at least a little in the eyes of society, the tax authorities stopped calling this initiative a "white Business Club".

"Fortunately, at our insistence, as Think Tanks, repeated, both the tax service and the management of the tax committee stopped calling it the "White Business Club"at all. Because is it really a remark that these five thousand companies are white, and the other two hundred thousand are gray or black? They understood our concern and stopped calling it that altogether. Now the tax administration met with all major business associations the week before last, presented this story and now calls it "a territory of high level of trust". The territory of payers who have the highest payment of taxes, that is, the highest level of trust in them," economic expert Oleg Getman told UNN.

Discrimination and corruption

The principle of operation of the "White Business Club" already looks discriminatory. Instead of providing equal conditions for all entrepreneurs, the state actually creates a privileged group. This initiative contradicts the democratic foundations and transparency of the business environment. Both the business association and the expert community, as well as the Office of the business ombudsman, have repeatedly warned about this.

"For certain five thousand companies (which will receive "trust" from the Tax Service – Ed.) there will be a separate website, separate additional functions in the tax office, where they can check information on their counterparties, have additional information on average salaries by industry, the absence of inspections and various other chips that were prescribed in this bill, the absence of inspections, and so on. Let's just say that what all Ukrainian companies should have received, in principle, additional services, additional amenities - so far they have received five thousand. We will consider this a pilot project, which will need to be expanded in the future," Oleg Getman said.

According to Hetman, for the rest of the business, nothing should change, they should work as before, although, in his opinion, such an initiative is Strange.

As it turned out, Yevgeny Sokur became responsible for creating the "territory of trust" or the club of the chosen ones, which gives every reason to assume that the process of "selecting" entrepreneurs will not be devoid of corruption components. Who guarantees that access to the" club "will not become another way to get illegal"kickbacks"? Or, even worse, an opportunity to put pressure on independent businesses?

Especially if you remember that one of the main tax authorities of the country probably has a "snout in the gun"for a long time. After all, criminal proceedings are being investigated against him for an official crime. This Case was opened by the state Bureau of Investigation on November 4, 2022 under Part 3 of Article 365 of the Criminal Code of Ukraine, on the fact of abuse of office by Sokur, who on October 26, 2022 signed an order to cancel the license of PJSC "Ukrtatnafta" for fuel production. Such actions of the official, according to investigators, entailed serious consequences for society, as well as for the state in the form of the inability to fulfill the mobilization tasks of the Ministry of Defense for the production and supply of petroleum products for the needs of Defense and the state's defense capability. The state Bureau of Investigation informed UNNthat this criminal proceeding is still being investigated.

In addition, the NACP monitors the lifestyle of Yevgeny Sokur. According to UNN, he entered in the declaration for 2023 probably unreliable dataand. in particular, he did not indicate in the document data about his cohabitant. Earlier, during the investigation into the alleged attempt on his life, Sokur himself told law enforcement officers that since 2016 he has been living with a girl named Alina in an apartment on Lobanovsky Avenue, 6-D. However, Sokur never mentioned his cohabitant in his declarations. After the deputy appeal of Nina Yuzhanina, a member of the Verkhovna Rada Committee on finance, tax and customs policy, the NACP began an audit against Yevgeny Sokur. The agency, in response to a request from UNN, also confirmed that monitor the official's lifestyle. Kateryna Butko, chairman of the public council under the NACP, noted that the National Agency for the Prevention of corruption is checking whether Sokur and his cohabitant Alina had a common life.

Also in 2022, he declared income from the sale of securities in the amount of UAH 2.6 million, but these funds were not reflected in his declaration for 2023. This may indicate a violation of the law that requires reporting significant changes in the property status. According to Article 52 of the law of Ukraine "on prevention of corruption", the declarant is obliged to notify about such changes within 10 days.

Is it worth noting that the "champion" of corruption in the Tax Service, Daniil Hetmantsev, has not yet reacted to all these facts?

Interference with business freedom

Experts interviewed by UNNnote that the "White Business Club" is not just discrimination. This is a new tool for manual business management in Ukraine. The decision on who is" white " and who is not, in the hands of the head of the tax committee, automatically calls into question the independence of the Tax Service and the integrity of its management.

This project also creates additional space for pressure on entrepreneurs. Businesses that do not become "favorites" may automatically fall under suspicion from the tax authorities, even if they operate legally. This not only threatens transparency, but also creates a dangerous climate of fear for entrepreneurs.

In addition, such an initiative will have a devastating impact on the Ukrainian economy. Instead of creating equal conditions for everyone, Hetmantsev and Sokur actually monopolize the business environment, using discriminatory mechanisms. This can lead to: a decrease in confidence in government agencies; an outflow of investment due to the risks of corruption and manual management; and increased economic inequality among entrepreneurs.

"That is, think about it, the body that is discredited, which in its entirety outlines or characterizes corruption in Ukraine, will form this list (of the White Business Club – Ed.) and submit it. In general, the possibility of individual entrepreneurs and simplified entrepreneurs of the second group getting there is not determined! So what is determined at the legislative level that FOP is definitely already gray, black or some kind of Mother-of-pearl business? You can always criticize this initiative, it is false and criminal in its essence. And as soon as it was declared, I personally immediately said that it could not be, it is clean water segregation. That is, no one has the right to whitewash and divide, and no one has the right to brand "gray", "green", "red", "black", "white" until a decision is made  of the only instance that can recognize you as a criminal or not a criminal - This is the court," Dorotich stressed.

In practice, Getmantsev's "White Business Club" is another initiative that looks like a tool for getting rich and political influence, and not for developing transparent business. Under the cover of the struggle for honesty, a new system of business dependence on the authorities is being created, which is unacceptable for a country that seeks to build democracy and an open society.

Recall 

The Verkhovna Rada of Ukraine has adopted the controversial bill of the chairman of the tax committee of the parliament Daniil Getmantsev on the "White Business Club". The document was criticized by both Getmantsev's colleagues in Parliament and experts. Even in the legal opinions, it was stated that it does not comply with the legislation of Ukraine. In addition, the creation of the "White Business Club" in Ukraine was the first anti-reform in a long time .

In the comments UNN, economic experts pointed out that the document violates the Constitution of Ukraine and creates discriminatory conditions in the business environment. 

The fact that Getmantsev's bill contains discriminatory norms and has corruption risks, is also stated in the conclusion of analysts of the Union of Ukrainian entrepreneurs.   

Business Ombudsman Roman Vashchuk also stated that the bill on the "White Business Club" is discriminatory.

Lilia Podolyak

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