Siarhei Balykin: Decree No. 5 is a comeback to feudal system

Decree No. 5 contains many legal stories which substantially affect in negative way the legal status both of workers and leaders of organizations.

Syarhei Balykin, the lawyer and the Head of the Association of small and medium-sized businesses, commented BelaPAN on the regulatory legal act.

According to him, the document is clearly contrary to the Constitution, the Labor Code, and the country's international obligations under the International Labor Organization (ILO).

"Dry legal analysis of a new document is of little interest, and internal contradictions of the Belarusian legislation have already become the talk of the town. A comparative legal analysis of the decree and analysis of some historical analogies seem to be more interesting", the expert said.

He is sure that it can be said with reasonable confidence that the document has restored a feudal system. "The Head of the organization (both state and private) is, by definition, a vassal of the superior who has the right to fully determine his future working career. The Head himself in his relations with his employees get the rights of the feudal, having the opportunity to do justice alone and treat people like they are his own property", the Head of the Association of small and medium-sized businesses emphasized.

In the closer historical retrospective view this Decree reminds him in some ways of the Decree of the Presidium of the Supreme Soviet, 26 June 1940 "On the Transfer to the Eight-Hour Working Day, the Seven-day Work Week, and on the Prohibition of Unauthorized Departure by Laborers and Office Workers from Factories and Offices". "Definitely, we don't speak of criminal prosecution for being absent or late yet, but taking into account visible trends I will not be surprised with this turn of events", the expert said.

"As you know, all facts in world history occur twice as a tragedy and a farce. I have strong doubts that these strict innovations will lead to any sane result. Certainly, the emergence of some decree victims is inevitable, but it will hardly be possible to succeed in stated goals on economic efficiency and product quality enhancement", Balykin believes.

He has no idea of how the Government will monitor the fate of people dismissed due to damaging reasons and prevent them from further employment, especially in private enterprises.

"But if effective control is established, then it will lead to the development of men of straw party like sitzchairman Funt (German verb sitzen - to serve time in prison, Funt - minor character of The Golden Calf, a famous satirical novel by Soviet authors Ilf and Petrov), who will hold leading positions and fault bosses will formally hold insignificant ones", the experts intends.