Expert: Hetmantsev's bill on "white business club" violates the Constitution of Ukraine

The draft law on the "white business club", one of the authors of which is Danylo Hetmantsev, chairman of the Verkhovna Rada Committee on Finance, Taxation and Customs Policy , violates the Constitution of Ukraine and creates discriminatory conditions in the business environment. This opinion was expressed by economic expert Yuriy Havrylechko in an exclusive commentary to UNN.

In his Telegram channel, Hetmantsev reported that he and his colleagues had prepared a draft law on the "white business club".   According to him, the essence of the document is that "if an entrepreneur meets simple  and transparent criteria for paying taxes above the industry average and paying salaries above the industry average, tax control in the form of inspections is not carried out. This is among other advantages. The list is reviewed quarterly.

First of all, we need to mention the Constitution and the fact that any discrimination in Ukraine is prohibited by law, the basic law. Therefore, the question for the CCU is whether we can have laws that directly contradict the Constitution. Because in this way, conditions are created for discrimination against other types of business entities and the initiative comes from the subjects of legislative initiative,  which, in my opinion, is unacceptable in principle. And all further discussions are meaningless based on the fact that they are banally contrary to the Constitution

At the same time, the expert believes that the elimination of the tax and customs services will eliminate smuggling by 100% and corruption in the economic sphere by 90%. "And as the practice of the first months of the full-scale war proved, when these two services did not actually work, the level of tax revenues was more than 90% compared to the planned state budget. That is, everything works without them. So maybe they should be eliminated?" suggested Havrylechko.

The expert added that there are examples in history of entire civilizations that successfully existed without tax authorities, such as the Egyptian one. But without business, the existence of a civilization or a state is impossible.

In addition, he reminded that Ukraine is almost the only country in the world that has a mechanism for blocking tax invoices. 

"You won't find any more examples where an official can block the activities of a business entity on his own initiative for unknown reasons. If we  are going to Europe, as it is written in the Constitution of Ukraine that we are striving to become a member of the EU, then we must use European practices. That is, if you have any claims against a business entity, there is a court for this, and accordingly, you have to prove in court, in a competitive process, that you are right. And if the official is wrong and the court takes the side of the business entity, then the official must cover all court costs and the company's losses out of his own pocket. And if he or she cannot cover it at his or her own expense, he or she will be prosecuted for an economic crime. And then we will have a much better situation with corruption and compliance with the law on all sides," Havrylechko added.

Recall

Nina Yuzhanina, a member of the Verkhovna Rada Committee on Finance, Taxation and Customs Policy , previously stated that Hetmantsev wants to legalize the right of the tax authorities to recognize a taxpayer as a risky one under the guise of tax nannies in order to stop the registration of tax invoices. 

In an exclusive interview with UNN, Yana Matviychuk, a volunteer, founder of the creative agency ARENA CS, and member of the Young Business Club , said that the tax policy implemented by Hetmantsev is severely hampering the Ukrainian economy and, if not stopped, will lead to its decline in the future.