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. Taking into account all the comments, the president can veto the law, or deputies who did not vote for it can apply to the Constitutional Court, writes UNN.
The parliament on Tuesday, June 18, adopted a bill on the "White Business Club"as a whole. It was supported by 263 people's deputies. At the same time, the parliamentarians abandoned the idea of providing the possibility of booking from mobilization to members of the elected club.
Getmantsev's" white Business Club " was criticized by the expert community. In the comments of UNN , economic experts pointed out that the document violates the Constitution of Ukraine and creates discriminatory conditions in the business environment.
First of all, we should mention the Constitution and the fact that any discrimination in Ukraine is prohibited by the Basic Law. Therefore, the question for the Constitutional Court is whether we can have laws that directly contradict the Constitution. Because in this way, conditions are created for discrimination against other types of economic entities and the initiative comes from the subjects of legislative initiative, which, in my opinion, is unacceptable in principle. And all further discussions they do not make sense based on the fact that it simply contradicts the Constitution
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.
I think we need to level the field for all businesses... we need to change the approach in general, and not create a reservation for a select few
It is worth noting that the legal opinions to the bill also indicate that the "White Business Club" does not comply with the current legislation.
In particular, the comments of the main legal department to the draft law "on amendments to the tax code of Ukraine regarding the specifics of tax administration during martial law for taxpayers with a high level of voluntary compliance with tax legislation" indicate that "the name of the project does not correspond to its content.
Also in the comments, the lawyers noted that "the proposed version does not meet the requirements of legislative technology."
Despite all the comments and warnings of Hetmantsev, it was still possible to squeeze the deputies and achieve the adoption of the law on the "White Business Club".
Usually, according to the first deputy chairman of the Rada's Regulatory Committee Serhiy Yevtushko, the parliament adopts legislative initiatives, ignoring the warnings of experts, through political lobbying.
The legal department consists of specialists who clearly understand all the risks, and people's deputies are representatives of the people and not always lawyers. And when it comes to lobbying Things, This is a normal practice, unfortunately for the Ukrainian parliament
He also reminded that if there is serious criticism of the document, it can be appealed to the Constitutional Court of Ukraine. To do this, according to Yevtushko, it is necessary "to collect signatures and go to the Constitutional Court and try to recognize the law as unconstitutional.
In order for the law on the "White Business Club" to come into force, it still needs to be signed by President of Ukraine Volodymyr Zelensky. At the same time, he can veto the document.
recall
Earlier, UNN told how social networks reacted to Getmantsev's Initiative to create a "white Business Club". Ukrainians, in particular, believe that his bill is an instruction on milking a half – dead cow, and the parliamentarian himself is a disaster for the Ukrainian economy.