Now in the state Duma for the second reading being finalized a bill that increases the penalties for an unregistered ship from 1 thousand to 2 thousand rubles, as well as giving the right to regions and municipalities to organize and impounded for offenders. The discussion of the first reading of the bill turned out sharp. The penalty rises slightly, is equal to inflation, so to speak. But the deputies were concerned about others that, by analogy with cars, the situation will spread to the watercraft. Where to get the funds for stratstone in the current conditions, when the coastal land is expensive? So, this initiative can go into private business, where the main criterion is profit, and ship its already the owner of this Parking is unlikely to pick up.
Over the last 5 years have a lot of questions in relation to small boats that are not regulated in the legislation. In the result of small boat navigation is at a low point of its potential. A large part of the small vessels of today are not actually recorded anywhere. Not settled by civil-legal relations of owners, users and the state from the commercial use of small vessels, in connection with which the budgets of different levels get enough funds. The business as a whole in such a situation, there is no incentives for the development of services and transport in the legal sector.
Lead such apparent paradoxes when the small ship (boat) people — the local 10 catches fishes and sells them, then the boat qualifies as a small vessel for commercial purposes that is subject to the corresponding regulations which the owner of the boat to pull not. Another example is the small vessels used in coastal fisheries. Small boats deliver catches to shore. While fishing regulations require vessels to have carried out strict control on the amount and types of aquatic resources. However, small ship (like RS, Mrs), due to the structural features of the sorting of the catch after boarding the ships almost impossible and can lead to disruption of the stability of the vessel, posing a threat to human life.
Still regulatory not regulated the system of registration accounting in the operation of small boats, as well as prevention of emergencies in his home. Departure-the arrival of a small vessel must be recorded in paragraph-based, to avoid lost time for the salvation of people with whom lost contact, how it happened, when in Karelia drowned children. In such a situation the need for a unified, accessible and user-friendly regulatory framework for small boats all along the chain — from construction, monitoring of its technical condition before use.
There are significant gaps in the system for the issuance of rights to control the small boat. So, with lack of opportunities to practice navigation faces every second, the receiving of the law. There are no uniform requirements, regulations and standards to the creation and operation of small boats by type of boats. This and other subsequently leads to a decrease in the safety of navigation.
In many cases, this situation leads to lawlessness on the part of regulatory authorities, the division of functions which in the legal field is not regulated or is regulated uncomfortable to users and ship owners. With this we have to face in the Crimea, in North-West Russia, Karelia and in the Moscow region and many other regions of our country. For this reason, 40-60% of small boats vessels on the far Eastern basin is not registered, and the country all 80% or more are not registered.
How to "gray zone" small fleet
Of course, it is encouraging that the issue of small boats was made at the plenary session, but in this case, one particular bill here will not help. The proposed legislation, which technically increases the amount of fines in line with inflation, and still gives the risk of the emergence of new business with private stratstone. Too bad that the causes of the situation and regulation in General nobody understood, and nobody cares. Talk about those aspects that require regulatory resolution that will allow you to withdraw from the grey zone of 80-90% small boats across the country, create a comfortable tax regime for the middle class and stimulate the development of small and medium-sized businesses, water sports, relaxing on the water. After all, the competitiveness of the services for water recreation at our resorts should not give foreign. Thus, the main task is to ensure registration and availability of small boats for the public. In the Soviet Union all the small boats were registered.
What we are seeing is not balanced and taxes are unaffordable. Why 80-90% of watercraft and other water-motor vehicles not registered. For example, the average cost of the watercraft 300 thousand rubles, while taxes the owner must pay during the year 75 thousand rubles (motor vehicle tax) + 75 thousand rubles (luxury tax). A total of 150 thousand rubles a year. Not so long ago the owners put on the registration of your boat for the summer season and winter season were removed from the register. Now to remove from registration is impossible, and the amount of leaves is overwhelming. In the end, the court is not recorded. That, first, unsafe, and secondly, the budget loses revenues. Only in the Moscow region annually imports 50-60 thousand personal watercraft.
It is advisable to reduce the amount of 10-15 thousand rubles in total for the year (and of transport, and luxury). Then owners will put on record his technique, and the budget will come from taxes. Active season for sports and recreation on our reservoirs, as a rule, only a few months a year and have no desire to pay taxes for something he does not enjoy the remaining 8-9 months. To complain about the so-called "shortfall in income" of the budget is also not necessary, if the annual tax will be low, the budget will receive more due to the number derived from the "gray zone" of small craft. In addition, we will develop small business, water sport, water recreation and water taxi. This is true for suburbs, and the Crimea and many other regions.
While clearly in the fold to reduce the transport tax, because it already implicitly is the excise tax on fuel, and the larger the vessel consumes fuel, the more you pay. In terms of tax load should take into account the social aspect — the development of water sports, tourism, leisure, taxi, use of small boats for fishing and transportation in remote areas. At the regional level is necessary to provide some high — even when exempt from vehicle tax.
Now the luxury tax rate is applied 2. Luxury tax be left to the courts more expensive than 6 million rubles, based on the appraised (market) value. That is, should go by this principle: taxes are low, and high fines to the owners of small vessels understand that it is more profitable to put your ship on the account and pay a small money which will go to the regional budget, than get a huge fine. In 2016, the fines have increased, and taxes are not lowered, which caused a negative reaction among all users.
It is necessary to review the calculation of the tax (base rate + coefficients). To make the distinction between semi-displacement and planing vessels. We have a ship with a capacity of about 40 people tax out of 15 thousand rubles, for a sailing yacht that rolls 20-30 people, 4 to 6 thousand rubles, and for the jet ski or power boat (1-2 persons) 150 thousand and 110 thousand respectively — out unfair. Currently the calculate tax based on engine power (HP). You need to consider other billing options, including: base rate + coefficients (according to tonnage, passenger capacity of the vessel).
You may want to consider the introduction of a special tax regime for jet skis and other water-motor vehicles for leisure for a middle class population (fleet, which does not fall under the criteria of luxury — for ships more expensive than 6 million based on the appraised (market) value). This criterion needs to be discussed and identified.
It is necessary to clarify the legislation in relation to use of small boats — what applies to passenger transport, and to the hire of the vessel. Accordingly, the calculation of tax and filling of income in the budget to clearly distinguish between these different articles.
To sum up, to effectively bring the sector out of the shadows, the law must be solved here is a list of questions:
- Return commercial use of malomirovo in GIMS. We need a single regulator. What we have today is not working. On the one hand, government seeks to withdraw a large fleet of offshore companies, but this task is somehow due to the number of small boats in the register. Existing division of small vessels on the principle of commercial and non-commercial use has not justified itself in practice reduced the efficiency of control over them.
- Dimensions to equate to international standards. We set common requirements in 20 metres of sea areas and inland waterways. These uniform requirements should be changed to 24 m. according to the international standards. And it turns out, a foreign boat 21 m will not be able to enter our waters, as according to Russian law, it must be register. The relevant document accordingly, the ship was gone.
- To create a system of certification of vessels for private construction. To finalize sectoral technical regulations in part enable the certification of new small vessels built in Russia, and encourage such construction. Today legal entities and individual entrepreneurs, who built the court in Russia cannot obtain certificates for them. In this connection, is the containment of import substitution.
- To deal with the taxes. To adjust tax regimes. It is proposed to start from the capacity and partly by power.
- Create in cities a system of temporary Parking spaces.
- Introduce the concept of "watercraft". This kind of water-motor technology we all still are nowhere mentioned in the laws.
This is a basic list of issues that need to be addressed. To achieve a positive effect will require a comprehensive legislative regulation.
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