20 November 2015, 09:01
Corruptogenic factors have been found in the draft law (No. 2186a) Moreover, in the opinion of the Committee members realization of the legislative initiative can have dubious consequences.
Provisions of the draft law on amendments to section 1, Article 15-3 of the Law by new item 12 about prohibition to sell bear (other than alcohol-free), alcoholic beverages, soft drinks, table wines and tobacco goods "at a distance closer than 300 meters from the available land borders of pre-school, general educational, secondary vocational technical institutions" facilitate possibility providing discretionary powers to bodies of local authorities that can manipulate with a starting point for measuring 300 meters and to fiscal bodies during performance of the administrative procedure regarding control of sale of the said commodities. This can put economic entities (including restaurant businesses, large shopping malls) on unlevel playing field.
The legislative initiative creates conditions for officials and bodies of authorities to commit corruptive offenses or conditions for corruptive relations, i.e. providing advantages to "loyal legal entities or individuals."
With all that said and to pursue removal of the corruptogenic factors the Committee considers it expedient to reject the draft law.