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|15 dec 2017|
"Edinaya Russia" Decided Deduce from under Responsibility the General Contractors at Illegal Employment of Gastarbeiters
Galina Loevskaya 16.02.2008
Enaction of Moscow Municipal Duma «About Response to the Project of the Federal Law №500100-4 «About Modifications in the Code of the Russian Federation about Administrative Offences» was accepted on February, 13th at a session of the Moscow Municipal Duma.
As the editor of the document, deputy Anton Paleev said (fraction «Edinaya Russia»), the bill suggests to make changes to the Code of the Russian Federation about administrative offences establishing administrative responsibility of individual businessmen, legal and officials for bringing to responsibility for performance of contractual or other obligations of other economic entities which have no permission for employment and use of foreign workers but actually using the labour of such workers or involving in labour activity foreign citizens and persons without citizenship who don't have permission to work.
Thus, it is offered to make responsible not only the customers and contractors but also officials and organization which do not employ them, that is the general contractor that is inadmissible as there are no legislative grounds for bringing such person to administrative responsibility and thus the principle of presumption of innocence is being broken.
Deputies agreed with Anton Paleev's offer not to support the given bill.
From editorial board: Reaction of the deputy majority of "Edinaya Russia" is quite clear, they protect interests of their "general contractor", whose cap covered all Moscow long time ago and especially building complex of the capital. In reality practice of mutual relations with Gastarbeiters is very simple:
They are used to the maximum, conditions of their life obviously do not correspond to representations about civilized residing;
quite often they even don't have registration, the fact enslaves them additionally;
uncertainty of the status, absence of documents on registration of labour contracts allow to pay to them less, than to the local worker and even the money earned are quite often not paid, that served not once as the reason for strikes;
absence of control of the safety precautions, high level of traumatism and death rate is being quite often hidden by absence of registration, i.e. is not fixed by corresponding bodies and statistics.
All these and many other elements of severe exploitation of Gastarteiters are possible due to that the general contractor appears "to be innocent", delegating all mutual relations with workers to subcontractors or affiliated structures. Naturally, in case of revealing of serious infringements or, God forbid, accidents which entailed victims, all completeness of the responsibility would be on "daughters", meanwhile "whales" of the building complex appear outside of trial, " there are no legislative grounds for bringing of such person to administrative responsibility and the principle of presumption of innocence breaks" as "Edinaya Russia" reasonably mark.
In this connection I am simply surprised, why it didn't come to the mind of the leaders of the German Reich to register the camps in Oswiecim as independent legal persons but bluntly stamped everything under the orders of Reichchancery. Certainly, the advanced market relations allow to avoid such legal imperfections. We shall say, on known process in Nuremberg the same Goering could easily say: what camps, what crimes? There is presumption of innocence and there are no legislative grounds for bringing - yes, administration of some camp, certainly, is guilty. But what do you have against Hitler, Himmler or Ribbentrop?
Now they would easily receive pension, even personal one as pensioners of federal value, would write memoirs, teach to live and work young generation. There were too little good lawyers in the management of the Reich...Anatoly Baranov, editor-in-chief of FORUM.msk
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