The enactment for pseudo - entrepreneurship was removed from the CC. Ak zhol party has been insisting many years on this decision. This information was presented by A. Peruashev – a leader of Kazakhstandemocrats when discussing a draft of new version of the Criminal Code at the plenary meeting of Majilis, the press service of DPK informed. Source: http://pravo.zakon.kz/4600076-iz-novogo-uk-nakonec-ubrali-statju-za.html.
‘Over the last 6-7 business community and Ak-Zhol party, National chamber of businessmen have been insisting on cancellation of art.192 of the CC of the RoK ‘pseudo - entrepreneurship’ according to which incomplete payment of taxes was charged conscientious businessmen, but not on fraudster. Fines were imposed backdate on persons who concluded contracts with such fraudsters, who became a counter partners of such fraudsters and counter partners of those counter partners. Fines were imposed on the companies not only with regard to a transaction concluded with such fraudsters but on all the transactions of the company. During the crises, financial position of many companies was affected by this law, and some of them were announced as bankrupts, Mr. Peruashev noticed:
‘We have always wanted that fraudsters are punished. But we cannot make conscientious businessmen be responsible for their debts, who believed in a certificate issued by the tax authorities on tax registration such fraudsters. Sound judgement has finally won.’
The leader of Ak Zhol thanked elaborators of the bill, presented by the General Prosecutor’s office. That is why DPK faction announced a support to the new Criminal Code in the first reading.
At that, though the enactment described as ‘pseudo - entrepreneurship’ was removed from the document, other articles/sections of the bill contain wording enabling interpret the similar violations using the previously given meaning, where additional amount due to incomplete payment of taxes is imposed on conscientious businessmen.
‘In our opinion, during the second reading all the possible doubts should disappear and one should approve the wording which would not have divergent interpretations for tax authorities and financial police. We should clearly understand that only persons who committed such offences must be punished. At that, the punishment should be adequate and unavoidable.’
Name of “MinTax” used in this proposal, depending on the context, can refer to MinTax LLP or MinTax Audit LLP and to its structural subdivisions as well. MinTax LLP and MinTax Audit LLP are included into MinTax Group acting on the basis of the Partnership Agreement, and are considered to be separate and independent legal entities founded under the Republic of Kazakhstan legislation, and they are responsible for all rights and obligations only on their behalf. The Companies which are included in MinTax Group are not responsible for any actions or omissions of each other
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