Opinion of Belarusian Helsinki Committee about Sanctions of Taxation Bodies

30.01.2004.

According to the decision of Minsk Maskowski Borough Inspection of Dues and Taxes, BHC has to pay 380 million rubles (about $180 000) fine for non-payment of taxes from the means, received on TACIS programs. BHC is going to complain against this decision to all possible instances.

The sanctions, imposed by the taxation bodies, can lead to liquidation of the organization, as the sum demanded exceeds all financial means ever received by BHC. The executive director of the committee Aleh Hulak was kind enough to explain where 380 million rubles appeared from:

Aleh Hulak: -- They taxed the whole sum that we received, considering it as profit. The tax volume was about 100 million rubles. Then they imposed the fines for non-payment of this tax, and the former ones exceeded the sum that we really received.

According to Aleh Hulak, in their actions towards BHC the taxation bodies have violated the international commitments of Belarus and Presidential decrees.

A.H.: -- From the point of view of international treaties, such as the Memorandum on financing, singed by our government, and Presidential decrees #8 and 24 TACIS means are spend on programs, approved by the government. They are not subject to the decree activity and taxation. That’s why no sanctions can be taken.

At present Belarusian Helsinki Committee has complained against the sanctions to the taxation bodies. In the case if the complaint is not satisfied, BHC plans to apply to the Supreme Court. Aleh Hulak also points out that this incident can provoke reaction of the European commission and other international structures. It’s worth mentioning that the European commission finances multimillion governmental projects, such as liquidation of the consequences of Chernobyl disaster, cross-border cooperation and setting of the state border.

Henadz Kesner