The constitutional court of Belarus has recognized the tax on “social parasites” unconstitutional
Moscow. March 15. INTERFAX.RU — the Decree № 3 “On the prevention of social dependency” does not contradict the Constitution of Belarus, decided in the constitutional court (CC) of the country.
“Assessing the constitutionality of laws providing for amendments and additions to the Tax code of the Republic of Belarus (extending collection to Finance public spending, introduced by the Decree, to the Republican taxes, charges (duties)) and the Code of the Republic of Belarus on administrative offences (in terms of securing administrative responsibility for non-payment or incomplete payment of the above fee), the constitutional court came to the conclusion that such legal regulation is based on articles 56 and 133 of the Constitution and is aimed at fulfillment of the obligation to pay legally established taxes, fees and other charges.
Payment of taxes, duties and other payments is an unconditional requirement of the state arising from the constitutional duty of everyone to take part in the financing of public expenditure (article 56 of the Constitution),” reads the message published on the official website of the COP.
Thus, the constitutional court has responded to electronic messages of citizens about the verification of constitutionality of the so-called tunaytsha decree. The constitutional court also did not find in the decree of gaps and collisions.
However, the COP emphasized that “to consider the constitutionality of normative legal acts on their own initiative and on the basis of applications of citizens the constitutional court is not authorized”.
“Thus, the initiation of Constitutional court proceedings on the case about the verification of constitutionality of the decree and giving an opinion on its compliance with the Constitution is possible only in the case of any relevant proposal by the authorized body”, — said the COP.
The constitutional court said there, may initiate proceedings in the case about the verification of constitutionality of decree No. 3 only in the case of any relevant proposal by the authorized body — the House of representatives of the National Assembly Council of the Republic of the National Assembly, the Supreme court or the Council of Ministers.
The tax
The decree “On prevention of social dependency” establishes the obligation of citizens of Belarus, permanently resident foreign citizens, persons without citizenship, who was not involved in the financing of public expenditure or participating in such financing less than 183 calendar days (six months — if), on payment of a fee in the amount of 20 basic units.
For non-payment or incomplete payment provides for the imposition of a fine in the amount from 2 to 4 basic units (1 basic unit is Br23, or $12 equivalent) or administrative arrest with obligatory attraction to performance of community service.
In total, the tax authorities sent to the citizens about 470 thousand notices on payment of fee.
The term of tax payment expired on 20 February 2017. As of 21 February, it paid about 54 thousand people.
The adoption of this decree caused the active protest of the population. So, in February and March in some major cities have been unsanctioned marches “natureade”.
9 March, President Alexander Lukashenko held a meeting on the topical issues of development of the country, which is instructed to suspend the collection of fees from “parasites” for a year.