Oleksandr Klymenko Official website
Articles | 1255 | 19.10.2016

Birth of the monster

Tax reform – is a big secret government. The Cabinet of Ministers praise his child to the skies. At the same time, nobody saw this child. It’s weird. If the draftlaw on amendments to the Tax Code is really successful – let’s publish it. Why are you promoting your creation by voices of pocket “experts”? Show us the primary source. Intelligent people will understand and evaluate it on their own.

However, the draftlaw is still not available to the public. Although it has been approved by the Cabinet. Moreover, it is prepared before sending to the Parliament. Secret. Previously, you could find a document, which was prepared by the Ministry of Finance. However, the Rada received other version of the Law, which was hidden from everyone.

There is another secret inside the secret, namely, reform of the tax police. The draftlaw of the Ministry of Finance provides that there will be no tax police, and the relevant chapter of the Tax Code will be excluded.

What will happen instead? There is no answer. Although, the new body has different name in various documents: either financial investigation service, or financial police. One thing is clear – even open materials indicate that the government cheated business, when promised to create independent authority, which would investigate tax crimes. Financial police will be under control of the Ministry of Finance, meanwhile the Department of institutional control will be controlled directly by the Minister.

Thus, there is the same course of events as it was during all other «reforms» in tax field. It comes about common redistribution of powers in favour of the Ministry of Finance.

Financial police are not mentioned in the Tax Code. In addition, it was not named in offered amendments. It is only fixed that the status and operation of the new law enforcement agency is regulated by separate law.

The draftlaw “On financial police» (№4228) was submitted by the group of MPs to the Rada. If it comes about the same thing, the government creates a monster. Moreover, this monster will be able to put pressure not only on business, but also on any citizen of the country.

Thus, the tax police were working on 15 articles of the Criminal Code. At the same time, many of them have been decriminalized. It means that imprisonment was replaced by debt collection, and payment of voluntary tax payments, which were proved by investigation, exempted from liability.

Financial police obtain an operation field in the form of 45 articles of the Criminal Code. Detectives of “financial police» will investigate not only crimes on tax evasion, sham business, making bankrupt, production of counterfeit documentary stamps, trafficking of excisable goods, but also funding political party and election campaign, forgery of funds, gambling business, use of budget funds by an official contrary to their target allocation, adoption of regulatory documents to the detriment of state budget, Fraud committed in respect of information that constitutes bank or trade secrets, and other crimes, including violation of copyright and allied rights, distribution of pornographic items and hacking of databases.

Why should not we do like this? Why did not tax police have such expanse?

There is too much temptation to requalification of the case during the investigation. Nowadays, if a businessman is not guilty of tax evasion, you should check the “Windows” on his computer. The case, which is going to pieces, will turn into fight against illegal software, or detention of distributor of pornography items (if you go into details).

The second negative point – is crossing of powers with “economic” departments of the Ministry of Internal Affairs and Security Service of Ukraine. Consequently, it was formed a new  interdepartmental conflict like confrontation between the Prosecutor General’s Office of Ukraine and the National Anti-Corruption Bureau of Ukraine.
Which powers will have financial police to perform its enhanced functions? Such powers, which the tax police have never dreamed of before.

First of all, the PR of authorities concerning the “demilitarization” of the tax police is a lie.

The draftlaw, which was registered in the Rada, provides detectives and representatives of operational and investigation department with the right to use of firearms (the right to bear arms).

Could you imagine a man with the stripes of “tax police” that can stop your car on the road? Or comes to you and carry out inspection, check your documents in the street? Earlier, Donbas residents could see during crossing the checkpoints, where you can see a special unit of the tax police along the border guards, soldiers and representatives of Security Service of Ukraine.

Nowadays, all can face it. Financial police were granted all these rights, as well as the right to ” break into a residence without a court order in cases of emergency”.

The worst thing, which was common for tax police – was so-called “Mask show”. However, in fact, it was operational measures in order to remove original documents as evidence. Even the most critical minded citizens could never think of the tax policeman with a rod on the road and with a gun in the house, who would rummage in personal things.

Today it can become the daily practice of “financial police”, which can accuse any citizen of any crime prescribed by the above-mentioned 45 articles, which can be investigated by this service.

Financial police will become a tool in the hands of power. It will help them to eliminate opposition parties, pressure of thwart business and mavericks.

A monster is being born beneath our very eyes. Our task – is to stop it before it reached us.

Otherwise, nobody will protect us from arbitrariness of the power.