Thursday, 14 April, the constitutional court (CC) will consider the request of deputies of the state Duma from the Communist party on the constitutionality of toll collection systems with heavy trucks. The appeal was signed by 92 deputies of the party. The Communist party claims that the fee is a tax, but is not imposed by Federal law, and the decree of the government, which is contrary to the 57th article of the Constitution.
The Ministry of Finance in the review in the COP (RBC) rejected the accusations. According to the Ministry, collect the fee is a fee and not a tax, and fees may be established by a normative act of the government.
Explaining the nature of non-tax collection, the Finance Ministry says that the fare is characterized by freedom of choice, not inherent to the tax payment. The tax required to be paid, and carriers may choose any method of transportation of goods, including not to use trucks and not pay the fee. Another argument of the Ministry, for non-payment of a penalty fare and unpaid tax still to pay.
A source in the Finance Ministry confirmed to RBC, the content of the letter. The representative office has not yet responded to a request to RBC.
Your feedback in the COP sent and other authorities and public organizations, for example the Ministry of justice and chamber of Commerce and industry (CCI).
The Ministry of justice also did not consider “Plato” tax and believes that it does not contradict the Constitution. In the review of Department says that the Constitution does not prevent the government to set the rates of payments, but only “under certain conditions”. This clause is contained in the review of the Ministry of Finance, but the fact none of the officers was not explained.
Truckers stood: the introduction of tolls has led to protests
Drivers of heavy vehicles staged a protest on Federal highways in many regions of Russia. Truckers demand to cancel the tax, which is entered from November 15, 2015. Fee…
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CCI also says that the fee is not contrary to the Constitution, since it is not a tax.
To collect a fee from 12-tinnikov for travel on Federal highways began on 15 November 2015, he will be charged through the system “Platon”. Travel 1 km to Federal highway costs 1,53 rbl. the System became the reason of discontent of drivers across the country: on mass protests left the truckers in 40 regions.
It was planned that in 2016 the budget will come from the introduction of toll collection systems using “Plato” to 39.5 billion rubles (at the rate of 3.06 rubles. per kilometer). However, in mid-March, the Minister of transport Maxim Sokolov said that revenues will be “slightly more than 20 billion rubles”. This is because in February the government decided to extend reduced rate for an indefinite period and to cancel the indexing. For the maintenance and creation of a system of the state shall pay the concessionaire — “RT-invest the Transport system” (50% owned by Igor Rotenberg, another 50% — to businessman Andrew Shipilova and structures Rostec) — by 10.6 bn a year.
On April 11, using the “Plato” were collected 6 billion rubles, in the system of 688 thousand registered users.