10 September 2019 the Verkhovna Rada of Ukraine adopted as a basis of reducing period of preparation for the second reading the draft law on amendments to the Law of Ukraine “About application of registrars of settlement operations in sphere of trade, public catering and services” on the legalization of settlements in the area of trade and services”
About it reports the edition UA.NEWS.
As stated in the explanatory note to the draft Law on PPO, its adoption will contribute, including the creation of equal competitive conditions for business activities.
First, you should pay attention of deputies to the ninth convocation of the fact that the bill sets out discriminatory conditions, and violations of the competition in the market of remittances.
Now the draft Law on PPO, there are no standards for the use of registrars of settlement operations in banks. Although both banks and non-Bank financial institutions, carrying out activity on reception of cash for its further transfer, accountable and controlled by a single regulator — the National Bank of Ukraine. Non-Bank financial companies, like banks, give the regulator the appropriate statistical reports containing a list of all transactions, funds transfers, including those initiated using the ptks.
Second, while no software payment transactions is not implemented in the industrial operation and not included in the register are allowed to use registrars of settlement operations. The state tax service of Ukraine has not yet determined the technical specifications for the data formats in which such software, the payment transactions need to pass information to the server of the Supervisory authority.
That is, until there are no regulatory requirements for such solutions. In addition, the terms provided by this bill — 6 months from the date of publication or 3 months from the date of publication on the development of the Cabinet of Ministers of Ukraine regulatory requirements — leave for business a period of 3 months for development and implementation of the program of payment transactions. Even if now the business will tuck and developing some analogues, where is the guarantee that such decisions will be made in the register of RRO in a short time and they can be used?
Third, the amounts of the penalties specified in this bill are unacceptable but bad for business. So, Ukrainian President Vladimir Zelensky was cancelled by the decree of the President of Ukraine, which set a fine of five times the amount not credited the amount for violation of cash discipline. As was presented in the press, the abolition of the penalty was due to the fact that it “interfered with business”.
And what do we see now? Lawmakers set for virtually the same offense, the new amount of the fine in the amount of 150% of the amount not credited (minimum of 850.00, although it was possible to limit the amount to 500.00 UAH.).
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In the case of committing repeated offenses (repeated client request to fiscal service with the complaint), the amount of the fine is 250% of the cost of not credited sum.
That is, what was declared by the President Zelensky previously, while extremely disturbed by the bills being submitted for consideration to the Verkhovna Rada of Ukraine.
And last, we should pay attention to the fact that the provisions of this bill allow the Supervisory authority to exercise additional pressure on the business. After all, the amount of the fine is large enough, every citizen is a check fee and a Supervisory authority although it is in the process of reform, but his staff (the majority) remain in place. Where is the guarantee that in the future they will not abuse their new powers? Business have seen more than one transformation of the fiscal service, however, while changes in the direction of integrity, justice and balance in the application of fines does not appear.
I want to draw the attention of legislators that prior to the introduction of the “huge” fines for failure to comply with a regulatory instrument, it is necessary to create conditions for business on the implementation of appropriate conditions.