Presidential Administration did not like the idea of giving to suppliers and retailers powers enabling them in the framework of self-regulation partially lift themselves out of the law "On Trade". As a result of consolidation in the law of self-regulatory organizations (SROs) Postponed to Autumn, despite government support.
The main legal department (GPU) of the presidential administration has criticized the idea to give SRO retailers and suppliers broad powers, follows from the letter of the presidential aide - the head of the department Larissa Brycheva, the chairman of the State Duma Committee for Economic Policy and Entrepreneurship, Anatoly Aksakov. Provisions on SROs are included in amendments to the Law on Trade of a group of senators and deputies headed by Irina Yarovoi, which the State Duma will consider on Friday in the second reading.
It is assumed that the SRO will not be able to apply most of the restrictions set in the same bill - for example, the prohibition on exceeding the maximum aggregate amount of remuneration (5%) of suppliers to retailers, the prohibition of setting remuneration types not provided for in the Trade Law, etc. ., Writes Mrs. Brycheva. "Thus, the new norms actually level the main restrictions and prohibitions contained in the draft law and the current law," she sums up. The GPU proposes either to exclude references to SRO rules from the draft law, or to supplement it with provisions that will ensure the unification and balance of these rules, as well as establish sanctions for their non-compliance.
Mr Aksakov told Kommersant that it was decided to submit the SRO clause to a separate law, the draft of which will be postponed to the autumn session. “Conceptually, the SROs agree with the idea, but it is necessary to work out the details and powers. This should be a detailed document, ”explained the deputy. Earlier, Deputy Prime Minister Arkady Dvorkovich reported to President Vladimir Putin that the networks and suppliers were given a year to create a self-regulatory mechanism.
GPU is not against self-regulation as such, I am sure Deputy Head of Industry and Trade Viktor Evtukhov. According to him, talking about the fact that the amendments to the law "On Trade" should be schematic and detailed framework, the Ministry of Industry and totally agree with this position. "Hurry up and flog a fever should not be here, because this is an extremely important issue for business," - he states.
For suppliers revision of the provisions of the SRO - positive news, as they will be better protected by the law, says a member of the Presidium of the "Support of Russia" Alexei Nebolsin. SRO is conceived as an alternative to legal regulation, and not an addition to it, he said that if retailers do not in the end be able to write their own rules of the organization, it will lose all interest in her.
The business will continue to look for an effective model of self-regulation that will allow the consumer market to overcome the current recession faster, Ilya Lomakin-Rumyantsev, head of the Association of Retailers, notes. At the same time, the more stringent the state regulation, the less maneuvering for self-regulation, he fears, reminding that "in this vein, the inter-sectoral expert council is already working." Self-regulation in any case is necessary for the market, because it is impossible to write down all the subtleties of commercial interaction of the parties in the law or to quickly adopt new rules based on the economic situation, adds Dmitry Vostrikov, the development director of Rusprodsoyuz.
As previously reported to Kommersant, the Ministry of Industry and Trade sent retailers and food suppliers a draft concept for the SRO, the Russian National Council of the Consumer Market, in mid-February. According to the ministry's idea, the organization will consist of two chambers, trade and producers and suppliers, and also include national commercial arbitration. For retailers and suppliers that are not included in the Market Council, the Ministry of Industry and Trade suggested setting strict restrictions: for example, to prohibit retail chains from working on weekends and holidays, selling excisable goods (alcohol and tobacco), and opening new hyper- and supermarkets in cities, And suppliers - to deprive of guarantees of protection in mutual relations with retailers regarding the terms of payment and the size of bonuses.
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