President Lennart Meri promulgated seven laws today, on December 23: The Forest Act; the Pressure and Lifting Equipment Safety Act; the Consular Act; the Social Taxes Act Amendment Act, the Act Amending the Social Taxes Act and the Legislation Related Thereto; the Act Amending Section 20 of the Law of Property Act Implementation Act; and the Replacement of the Monetary Unit ECU with Euro in Legal Acts Act.

The President refused to promulgate the Act Amending the Copyright Act, the Code of Administrative Offences, the Criminal Code, the Customer Protection Act, and Customs Act, passed in the Riigikogu on December 8, 1998.

The President found Clause 12 of Section 2 of the above Act, amending Section 1374 of the Code of Administrative Offences, to be in conflict with Section 11 of the Constitution of the Republic of Estonia.

Subsection 1 of the amended Section establishes administrative liability for the procurement, preservation, or transfer without the objective of further distribution of the illegal alcohol or tobacco products without taxation stamps. This regulation obliges the person who has procured alcohol (the consumer) to have information of the legality of the procured alcohol or tobacco products. In case of failure to comply with the regulation, a fine equal to the amount of twenty daily incomes may be imposed on the procurer.

In accordance with Section 11 of the Constitution of the Republic of Estonia, rights and freedoms can only be restricted in accordance with the Constitution. Also, the restrictions must be necessary in democratic society and must not distort the nature of the existing rights and freedoms restricted. The imposition of administrative penalties for the procurement, preservation or transfer of the alcohol or tobacco products illegally imported to Estonia is inappropriate for democratic society and out of proportion, damages the interests of the consumer and is in conflict with the provisions of Section 11 of the Constitution.


Press Service of the Office of the President
Kadriorg, December 23, 1998

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