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The draft law on the extension of export duties on grain breaches the tax laws fundamentals

Kyiv. October 4,  2011

The deed drafted by the Ministry of Economic Development and Trade that stipulates a year-long extension of export duties for wheat, barley and corn (until January 1, 2013) breaks the fundamentals of the Tax Code of Ukraine, an opinion of the lawyers interviewed by Interfax-Ukraine.
"Subclause 4.1.9. of clause 4.1. of Article 4 of the Tax Code determines the principle of stability of the tax legislation. Changes in any components of taxes and charges may not be introduced later than six months prior to a new budget period, within which new rules and rates will run", believes Larisa Poberezhniuk, Partner of “Pavlenko&Poberezhniuk” Law Group...
Andrii Zablotskyi, Volkov&Partners lawyer, in his turn, feedbacked that the extension of the actual and newly introduced export duties may find an adverse response of WTO partners.
"The terms of Ukraine’s accession to the WTO do not contain an explicit ban of use of export duties. However, the Ukraine’s Working Party Report (IV Section) reads that export duties could create obstacles to international trade and so must be lowered,” emphasized Mr. Zablotskyi.
He assumes that export duties introduction has less distorting effect for trade than export quotation or licensing, but duties themselves do not favour an upward performance of the agricultural market.
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