The problem Boris Efremov, entrepreneur: "A couple of months ago I needed to get permission to open a shop. While I do not want to call the agencies issuing this permit, and the names of officials, because they do not rule out that I have to go to court. I gave employees of agencies, all documents provided by law for I need help, to pay legal costs and was confident that any problems I will not arise. However, state officials held a different opinion: Read the documents provided to me, they said that to start obtaining a permit can not, because you must first hold a series of procedures. In particular, take some expertise to get additional expert opinion and in general to consult with department staff to better understand where and what problems may arise. In this case, an official with his story was accompanied by putting some on the table various platezhek already printed for the expertise, advice, opinion specialist and even some. He graduated as the speech he phrase: "Pay for these receipts and approach, go through professionals, gather all necessary information." The main legislation governing the solicitation government agencies • Code of Administrative Offences • The Criminal Code • Law "On State Service" № 3723-XII of 12.16.1993 was honest, I was lost, because just before the visit to the state institution studied law, and there was nothing written about the need to obtain certificates, expert opinions and advice from officials. So I hinted to the other party was not going to pay, because these documents do not need to obtain permission. Face civil servant instantly turned to stone, and he with a sort of aggression came at me: "You want to say that better than I know the laws?" We have since adopted: first, get all these references, and then we will issue a permit "and otherwise can not be . In general, the conversation did not work - I flatly refused to pay for receipt of optional information and vague advice, but an official did not even want to take a job brought me documents. As a result, had to apply to the chief of the sector, then the department and, eventually, control. Only at this level have recognized me right and gave instructions to give me permission. But running the chain of command had robbed me a lot of time, which resulted in a missed opportunity to conclude a lucrative contract. So now I thought about the prospect of court action against the officials who illegally tightened the issuance of permits, demanding compensation for lost profit. "Situation assessment Jeanne Chernysheva, assistant attorney:" This situation, unfortunately, is typical of our officialdom. Many public institutions impose on citizens with various paid services. And forced to seek not only to the various departments agencies, but also in commercial structures. Otherwise, obtain the necessary documents businessman allegedly impossible. Moreover, it should share the basic pay service that provides government department, and more. First, as a rule, make it clear to the government or departmental orders, directives, instructions. Additional still often left to the mercy of local officials - in most cases their list, specified in the documents is not exhaustive and may be supplemented by local managers. There is a third type of services - provided by various commercial organizations not formally associated with the agency. However, to achieve a positive solution to the question in state institutions without recourse to such firmochki quite problematic - the officials themselves under any pretext send visitors to the representatives of the commercial structure. To stop arbitrary action by bureaucrats is not difficult - just confidently defend their case and prepare an appeal to the competent authorities is noteworthy that in most cases we are talking about small amounts - usually the "issue price" of 30 to 500 USD, depending on what documents need to get the entrepreneur. And it's not a bribe, but quite formal charges, which are entered in the accounts of these organizations. Given that the attempt to abandon imposed on services is fraught with loss of time and nerves, and the amount of seemingly minor and, many businessmen prefer not to engage in conflict and dutifully pay the payment orders issued to them. Thereby encouraging bureaucrats to invent new and new legal extortion and impudent, refusing to accept the documents without payment of consulting and other services. "Recommendations weighty argument in a dispute with officials became obsessive knowledge of the entrepreneur of various intra-orders and orders. The fact that any document (even in-house) must be publicly available if it is in any way affect the relationship between civil servants and citizens. Nevertheless, at the local levels of government departments state structures often do not pay attention to it and produces a variety of orders, directly changing the order of relations with payers, marked "for official use." However, such documents are illegal, and that can be proven in court. A few years ago in the Chernivtsi region a group of entrepreneurs able to prove the illegality of such orders SES manager of one of the regional centers. This order called for the need to provide additional documents to obtain a permit catering for the opening point. And part of the necessary certificates was issued some commercial structure, and, of course, not free. Disgruntled entrepreneurs went to court, which upheld their claim and invalidated this order ushlogo Chief SES. The very same officer after the end of the trial was figurant criminal case - they are interested in prosecution. "First I want to note that in most cases, employers themselves are in the wake of officials and did not even try to fight their arbitrariness. Even in cases where businesses are right and we are sure he is right. However, if the owner or manager of the company is prepared to enter into conflict with state officials, to defend his innocence and refuse imposed special services were not working. As soon as it came to any additional, not provided for by laws and regulations, payments must ask for an official clarification on the basis of what he demands payment for these services. And insist on documentary evidence, but not limited to the words "no other way, we both agreed," and the like. If the employee continues secretive agency, immediately, almost in his presence, make a complaint to the head, which indicate the official name, position and nature of the problem. However, you can choose an easier path. As shown by my practice, in most cases to reason with high-handed state employee is sufficient to visit into the office of the chief of department. Leadership, usually better versed in subordinate legislation, is well aware of its employees were wrong and did not want to go to conflict, while continuing to demand money from legally savvy entrepreneur. Nevertheless, it happens that chiefs and departments continue to persist, citing some internal instructions and orders which are, of course, provide the visitor can not. In this case, becomes effective writing complaints to the Head Office and the simultaneous application for extortion in various organs to combat corruption. In most cases, this conflict and exhausted - talking to fighters with bribery, officials quickly realize their mistakes and leave alone the entrepreneur ".
No comments:
Post a Comment