Bookmakers: Adoption of the controversial Draft on Municipal Fees in Zenica would be a criminal offense

Gambling organizers have submitted to the City of Zenica, as well as to councilors of all parties in the City Council, "Objections and proposals on the Draft Decision on Amendments and Additions to the Decision on Municipal Fees of the City of Zenica, after the new mayor of Zenica, Fuad Kasumović, announced new fees for bookmakers, writes NAP.

Gambling organizers point out that the Constitutional Court of the Federation of BiH has previously declared the "Decision on Municipal Fees" of the Municipality of Zenica, adopted by the previous government, unconstitutional three times. The court, they explain, previously determined a violation of the right to equality before the law, because the competent municipal council took the type of activity performed by the taxpayer as a criterion for setting fees.

- The Decision on Municipal Fees of the Municipality of Zenica from 2015 did not remove this unconstitutional provision, as the competent municipal council still prescribed the type of activity performed by the taxpayer as a criterion for setting fees. Thus, for legal entities and entrepreneurs-craftsmen, different amounts of municipal fees are determined according to zones, ranging from a minimum of 70 KM to a maximum of 1,600 KM, while the gambling activity is classified as an exception - a special group of legal entities and entrepreneurs, and this activity is assigned the highest amount of municipal fees of 3,000 KM, which is not in accordance with the provisions of the Constitution of FBiH and the judgments of the Constitutional Court of FBiH - the bookmakers state.

The Mayor of Zenica, Fuad Kasumović, in the "Draft Decision on Amendments and Additions to the Decision on Municipal Fees of the City of Zenica" now proposes even higher municipal fees for bookmakers, amounting to 50,000 KM per betting shop annually. Organizers believe that this would be "even greater discrimination of this activity".

- The municipal fee for a displayed company must be the same for everyone, regardless of the type of activity the company engages in. Its amount can depend on the location where the company or sign is displayed, on the city zones and the size of the sign, and it can in no way be determined by activity. Otherwise, the constitutional right to equality before the law is violated - the organizers state in their "Objections and proposals".

The organizers refer to cases from the municipalities of Zenica, Visoko, Zavidovići, Doboj-Jug, Kakanj, Žepče, Ljubuško, Odžak, Domaljevac-Šamac, Banovići, Gračanica, Kiseljak, Novi Travnik, Gornji Vakuf, and Bugojno, where the Constitutional Court of FBiH has already declared regulations unconstitutional according to which the amount of the fee is determined by the type of activity.

- By adopting the controversial Draft, city councilors would commit a criminal offense under Article 241 of the Criminal Code of FBiH (violation of equality in the exercise of economic activity), and would still be responsible for non-execution of court decisions under Article 351 of the Criminal Code of FBiH - say the organizers.

- We propose that the "Decision on Municipal Fees" be amended in such a way that the criteria for determining the fee for a displayed company related to the status of the taxpayer, the size of the legal entity, and the type of activity are deleted, and that the city zone be established as the criterion for determining the amount of the municipal fee for a displayed company, which criterion is, in the opinion of the Constitutional Court of FBiH, objective and in accordance with the Constitution of FBiH - conclude the gambling organizers.

The letter to the city authorities in Zenica is signed by bookmakers "Premier world sport d.o.o." Čitluk, "Bet-live d.o.o." Vitez, "Sport plus d.o.o." Novi Travnik, "Petica plus d.o.o." Vitez, "Premier sport d.o.o." Čitluk, "Hattrick d.o.o." Vitez, and "Zmajevi d.o.o." Zenica, writes NAP.