Trade unions demand annulment of “Belaruskali” privatization

Funding of one of the leading enterprises in the country was arranged with violations of the Constitution and the Civil Code.

Belarusian Independent Trade Union addressed the authorities that arranged funding of the enterprise, and Prosecutor General's Office of the country with demand to annul privatization of OJSC “Belaruskali” and to reorganize it again into Republican unitary enterprise “Production enterprise “Belaruskali”, praca-by.info reports.

The trade union states that the only reason to sell “Belaruskali” is lack of money in the state.

“Even if in the near future an investor doesn’t appear, it doesn’t matter, as all profit of the so-called joint-stock company already belongs to one investor in the person of the state”, is said in the application of BITU.

At the same time, as trade union states, there can’t be just one investor according to the law. To confirm this, article 98 of the Civil Code “Joint-stock company’s arrangement” and the law “About joint-stock companies” are provided.

These regulatory documents presuppose that a joint stock company can’t be arranged by one person or consist of one person. In case all the shares of the company are obtained by one shareholder, the company either winds up or is reorganized in a unitary enterprise in accordance with the legislation.

“One doesn’t arrange privatization with oneself, - trade union members say. – Moreover, the workers of the enterprise that were to and had to get part of shares gratuitously or for money, are kept away from these things at all, as well as other citizens of the Republic of Belarus.”

It’s stressed by the trade union that workers of “Belaruskali” due to law violation were underprivileged for part of gratuitously conveyed state property.

In connection with legislation violation during funding arrangement, BITU suggests authorized state bodies to annul privatization of OJSC “Belaruskali” and to reorganize it into RUE “PE “Belaruskali”.

Moreover, BITU reminds that thanks to the amendments adopted to the legislation by the members of the parliament in June 2010, since January 1st, 2011 workers will at all be deprived of the right for privatization on favorable terms. By the way, up to now that particular way represented social trend of the property reform in Belarus.

According to this very law – “On introduction of amendments and additions to some laws of the Republic of Belarus and annulment of certain legislative acts of the Republic of Belarus and their particular provisions concerning privatization of state property” – the power to change privatization rules, as well as make decisions concerning direct selling of the facilities is assigned to the president.