of June 12, 2008 No. P-204/2008
About determination of the concept "income" for the purpose of imposing of administrative punishment for illegal business activity
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Miklashevich P. P., the vice-chairman Maryskin A. V., Boyko T. S. judges., Danilyuka of Page E., Izotko V. P., Podgrushi V. V., Ryabtsev L. M., Sergeyeva O. G., Tikovenko A. G., Chigrinova S. P. considered the address in which it is specified imperfection of the regulations of the legislation determining the concept "income" for the purpose of imposing of administrative punishment for illegal business activity.
Having studied provisions of the Civil code of the Republic of Belarus (further - group of companies), the Code of the Republic of Belarus about administrative offenses (further - the Administrative Code), the Criminal code of the Republic of Belarus (further - UK), other regulatory legal acts of the Republic of Belarus relating to the researched question, the Constitutional Court established the following.
Business activity is the independent activities of legal entities and physical persons performed by them in civil circulation on its own behalf, on the risk and under the property responsibility and directed to systematic profit earning from use of property, the sales of the things made, processed or acquired by specified persons for sale and also from performance of works or rendering services if these works or services intend for realization to other persons and are not used for own consumption (part two of Item 1 of Article 1 of group of companies).
According to the article 12.7 Administrative Code illegal business activity including are recognized:
business activity without state registration or without special permission (license), when such special permission (license) surely, or with abuse of regulations and conditions of implementation of the types of activity provided in special permissions (licenses) (part one);
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