Plenary session of the State Duma
Plenary session of the Duma it has appeared yesterday extremely short. But productivity of deputy work was record: for half-day members of parliament had time to accept and reject almost two ten bills, and on some to overcome the presidential veto. Repeated acceptance in former edition of the bill rejected by Boris Yeltsin " became rather remarkable fact; About state regulation of manufacture and a turn of ethyl spirit and alcoholic production “. And it in spite of the fact that remarks of the president were serious enough.
While all develops in favour of authors of the law: having accepted it repeatedly more than two thirds of voices, the Duma has overcome the presidential veto, and now in case of similar result in Council of federation the president will be obliged to sign the bill within seven days.
we Will remind that, accepted by the lower chamber even in the summer, this document legislatively enters for the first time the state monopoly for manufacture and a turn of ethyl spirit and alcoholic production. He assumes price control to ethyl spirit, regulation of export and import restriction (the import share in annual volume of the alcoholic production realised in territory of Russia, should not exceed 20 %), the organisation of state control over manufacture and a turn of ethyl spirit and alcoholic production, licensing of their manufacture. Thus, the law obviously enters a protectionist mode for the internal manufacturer of alcohol that can already lead in short-term prospect to radical change of market condition of alcoholic drinks. Import reduction means in present conditions only one: softening of a price competition and a rise in prices for alcohol.
In spite of the fact that the course on protection of an internal commodity producer is actually officially declared by the authorities including in the presidential message, the president, apparently, has considered the law too protectionist and has rejected it, having accompanied numerous remarks. First of all, the president has found in the law a number of contradictions of the Constitution concerning division of powers of federation and its subjects. He, in particular, has specified that the law deprives of its possibility to realise any powers in the field of regulation and manufacture of alcoholic production. Besides, the law does not carry regulation of export of alcohol to powers of federation and includes local governments in system of bodies of the state control over manufacture and a turn of ethyl spirit and alcoholic production. According to the president, developers of the bill have admitted also a number of contradictions to the Civil code, having forbidden tenancy of property of the unitary enterprises (which in the law carry out activity on deliveries and realisation of ethyl spirit), and at the same time and reduction of a share of actions of the state in the organisations of other patterns of ownership.
rather essential remark are the instructions of the president that article 11 of the law forbidding creation of the organisations with foreign investments with a view of import, pouring and realisation of alcoholic production with the maintenance of ethyl spirit more than 12 % from volume of unit of this production, less favorable legal regime for foreign investments creates. And it contradicts the law “ About foreign investments into RSFSR “.
Doubts in the president were caused also by position about putting on of control over law observance on public organisations as, according to other articles (3 and 18) the same law, control is the state function. To even more problematic from the point of view of legality to the president has seemed and the possibility of control provided in the project behind observance of the law from separate citizens. What citizens, obviously, it is possible to guess only. No less than in what forms this control by them will be carried out.
inadmissible “ mixture “ concepts of the tax and civil legislation Boris Yeltsin named the requirement of payment in full of corresponding taxes as a condition for delivery of licences for manufacture and a turn of ethyl spirit.
despite gravity of remarks of the president the lower chamber nevertheless has decided to pass again the law in former edition. During discussion it has been declared that the tightening with its acceptance is connected with active lobbist activity “ mafia structures which achieve possibility of duty-free import of alcohol in the country “. That turns around loss of an important source of incomes of the budget. At all doubtfulness of this argument he, however, has been met with enthusiasm. If as federation Council arrives also, the president will be obliged to sign the law. That is rather problematic, considering possible social consequences of such dangerous economic event from the political point of view, as a rise in prices for the most popular drink in Russia. As the history testifies, experiments in this area always came to an end for the power is pitiable.
BORIS - SMARTLY