Czytanie przepisów koronawirusowych to koszmar. Stopień skomplikowania prowadzi do takich absurdów jak np. pojawiające się w ustawach art. 15zzzzzy lub art. 15zzzz13.
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Przeglądając nocą kolejny projekt, które właśnie trafił do Sejmu, zwróciłem uwagę na następującą kwestię.
Druk sejmowy nr 344 przewiduje zwolnienie firm drzewiarskich z kar umownych za niezrealizowanie harmonogramu odbioru. Dotyczy to części harmonogramu, z której nabywca zrezygnuje do dnia 31 maja 2020 r. Kupujący ma zatem jeszcze miesiąc czasu (pod warunkiem uchwalenia tej ustawy), aby zastanowić się, którą partię surowca odbierze, a od której odstąpi.
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Smutna refleksja jest taka, że w dotychczasowych regulacjach dotyczących stanu epidemii nie znalazły się żadne normy, które wprost ułatwiałyby funkcjonowanie firm leśnych. Na przykład:
- zwalniające z kar za opóźnienia spowodowane nadmiarem prac i zleceń, który może pojawić się jesienią po aktualnym przestoju;
- wprowadzające obowiązek sukcesywnego zlecania usług, w szczególności z zakresu hodowli lub zagospodarowania, niezależnie od stanu epidemii.
Skoro ustawodawca może tak jednoznacznie ingerować w umowy LP – drzewiarze, takiej samej ingerencji oczekiwałbym w odniesieniu do umów LP – wykonawcy usług leśnych.
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