AmCham Macedonia Fall 2015 (Issue 47) | Page 20

ANALYSIS Latest Legal Changes This summer, Macedonian parliament adopted a number of legal changes that could have significant impact on businesses working here. The changes relate to misdemeanor fines, the efficiency of public services and the cancellation of a very unpopular measure that had been in force just 8 months. recommendations from the World Bank’s Doing Business Report. The changes include a requirement that all State institutions respond more quickly to requests from companies involved in court proceedings, to allow them to build their case with evidence held by State institutions, including courts. Misdemeanor Law Law on the General Administrative Procedure Though the proposed changes to the Misdemeanor Law entered parliament in June 2014, they weren’t adopted until a year later, in July 2015 in response to criticism that severe misdemeanor fines were partially to blame for the failure of local businesses. According to the changes, business fines would be adjusted according to the following formula: 10-70% of mandated fine depending on previous year’s annual revenue + 5-20% of mandated fine depending on the # of employees + 10% of the mandated fine if not the company’s first offense = Amount of fine to be levied This means that if the legally-mandated fine for a misdemeanor is €5.000, a first-time offender company with 9 or fewer employees and <€8000 annual revenue would pay just €750; while a company with previous infractions, annual revenues of >2 EUR million and more than 250 employees would pay the full €5.000. Companies that have more than 250 employees and generate annual revenue of at least 100 million denars and were not previously sanctioned will pay the full amount of the fine. The Law also allows State institutions to warn offending companies, rather than automatically levy a fine for every infraction. Law on Litigation Procedure In the official justification for the proposed amendments to the Law on Litigation Procedure, the Ministry of Finance explained they were made in line with 20   Fall 2015 Issue 47 The new Law on the General Administrative Procedure obligates all State institutions to provide faster, simpler, effective and cost efficient services to citizens. In the upcoming period, all State institutions will need to align their legal structure with the new Law, to shorten their service response times and avoid unnecessary service delays. The Law systematically applies a “one stop shop” principle to all public services for the first time. This means that when a client requests a service from a State institution, it will be required to request the required inputs (e.g., data, documents) from all other involved institutions on behalf of the client within 3 working days. It also obligates the other involved State institutions to respond to such intra-institutional requests within 3 days. Law on Mandatory Social Contributions After just 8 months of enforcement, in late July, the Macedonian Government decided to recall the Law on Mandatory Social Contributions. The Law required companies registered in Macedonia to pay full income taxes and social insurance contributions on behalf of consultants who provide services to them, even for