The National Chamber frequently receives complaints of domestic businessmen on issues of concern arising in other states. In these cases, experts of the Chamber, studying the legislation and judicial practice of foreign countries, are ready to render their support to honest businessmen. We will tell about two cases when Kazakh entrepreneurs were fined by the courts of the Republic of Belarus on the initiative of the customs bodies of Belarus, and their property was confiscated. The Prosecutor General's Office of the Republic of Belarus supported the position of the National Chamber and took the side of the Kazakh business - LLP "S.A.M. ALA ". LLP" S.A. ALA" and its supplier, Italian company BudriIntarsio, signed a contract for the supply of finishing marble, material for fixing marble slabs, towel rails, sanitary mixtures, ceramic tiles, lighting equipment.  The cargo was transported by JV Jenti-Spedition. On 7^th of April 2016, the goods were arrested by the Grodno Regional Customs of the State Customs Committee of the Republic of Belarus, in connection with the erroneous statement of the cargo carrier in the shipping documents. On 8^th of July 2016 by the decision of the Oktyabrsky district court of the city of Grodno, the driver of the vehicle Mintiuk A.A. was found guilty by an administrative offense under Article 14.5 of the Code of the Republic of Belarus "On Administrative Offenses" (hereinafter - the Code), an administrative penalty was imposed in the form of an administrative fine in the amount of 20 basic units (over 70,000 tenge), JV "Genty-Spedition" was found guilty In the commission of an offense under Article 14.5 of the Code, a fine of 70 base units was imposed - about 260,000 tenge and 150 base units - it is more than 550,000 tenge and with confiscation of the goods belonging to LLP "C.A.M. ALA".

The National Chamber, following the examination of the submitted documents, sent letters to the Embassy of the Republic of Kazakhstan in the Republic of Belarus and the Prosecutor General's Office of the Republic of Kazakhstan in support of the interests of the entrepreneur in connection with the circumstances listed below, indicating that the administrative penalty imposed by the resolution in the part of confiscation of goods is unfair, due to its excessive severity, Inadequate nature of the committed offense. As part of the company's cargo there were no goods whose turnover is limited or prohibited in accordance with the legislation of the Republic of Belarus. The court does not take into account the arguments set forth in the petition of LLP "S.A. ALA "about absence of fault, as the responsibility for delivery and registration of documents is assigned to the carrier, as well as about the groundlessness of applying additional penalty in the form of confiscation of goods, since the cargo belongs to the partnership, and not JV" Genty-Spedition ". In addition, JV "Genty-Spedition" appealed against the decision in the regional court of the town of Grodno, which sent the case for a new trial to Oktyabrsk district court of the town of Grodno. In turn, the Prosecutor General's Office sent a letter to the General Prosecutor's Office of the Republic of Belarus, the Embassy - to the State Customs Committee of the Republic of Belarus. As a result of the measures taken, the court takes into account the arguments presented and the decree of the judge of Oktyabrsky district of Grodno, the driver of the vehicle and JV "Genty-Spedition" are brought to administrative responsibility without confiscation of property. LLP "S.A.M. ALA "expressed gratitude to the National Chamber for the assistance rendered in the return for the confiscated goods. Thus, the property rights of LLP "S.A. ALA" were protected to the amount of about 40 million tenge. Desamidze A.O. and LLP "B & A Keden-Service" by the decision of the court of Oshmyany district of Grodno region on 12^th of February 2016 Desamidze A.O. was brought to administrative responsibility in compliance with the third part of Article 14.5 of the Code with imposing a fine in the amount of 5 basic units (about 17,000 tenge) with confiscation of vehicles: DAF tractor and Schmitz semitrailer.

LLP B & A Keden Service is also brought to administrative responsibility for the above-mentioned article with imposing a fine in the amount of 20 basic units - over 70 000 tenge and with the confiscation of the same vehicles. On 31^st of March 2016, by the resolution of the Grodno regional court, the decision of the court of the Oshmyany district of the Grodno region was left unchanged. As in the previous case, in the opinion of the National Chamber, the administrative penalty for confiscating goods is excessive and disproportionate to the committed act. According to paragraph 10 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus "On the application by courts of the norms of the General Part of the Code of the Republic of Belarus on Administrative Offenses", administrative seizure in the form of confiscation is applied only as an additional penalty and only in cases directly provided for in the articles of the Special Part of the Code If the sanction of the article of the Special Part of the Code provides for the possibility of using or not using additional administrative penalty in the form of confiscation, the court should bring justification of the decision in the reasoning part of the decision on the case of an administrative violation. The judicial acts do not contain such substantiation. The court only indicated that Desamidze A.O. has dependent minor children - the fine is determined in the minimum amount. At the same time, the court does not take into account that Desamidze A.O.. was never brought to administrative responsibility before and the committed offense did not result in harmful consequences. However, LLP B & A Keden-Service was also brought to administrative responsibility. On 17^th of February 2017, the outgoing letter No. 3000-7-2017 of the Prosecutor General's Office of the Republic of Belarus, in response to a letter from the Prosecutor General's Office of the RoK referring to the appeal of the National Chamber, reported that the qualification of the act committed under Part 3 of Article 14.5 of the Code is illegal, since the fact of violation of customs rules by Desamidze A.O. and LLP "B & A Keden Service", does not cause other damage form in actions of the imputed administrative offense. Taking into account the absence of damage caused to the Republic of Belarus, the amount of penalty imposed on these persons is unjustifiably high, incommensurate with the nature and consequences of the act and contradicts to the principle of fairness. On 14^th of February  2017, the Deputy Prosecutor General of the Republic of Belarus sent a letter to the Chairman of the Supreme Court of the Republic of Belarus regarding the cancellation of the decisions of the Oshmyany district court dated by 12^th of February 2016 and the judge of the Grodno regional court on 31^st of March 2016 declared the termination of the case. Unfortunately, the Supreme Court of Belarus has dismissed the appeal of the Prosecutor General of Belarus and the National Chamber. On both cases it is necessary to note the principled position of the General Prosecutor's Office of the Republic of Belarus, which has impartially considered the appeals of the National Chamber.