For a Diverse and Advanced Economy / Cuban Law Association, Yanelis Ramirez Cruz

Yanelis Ramírez Cruz, Esq.

The economic crisis and the new conditions in which the world finds itself have made the need for a serious and profound modification of the overall state of production and economic exchange in our system of commerce unavoidable.

The foundation for the global process of adjustment and economic reform, which remains ongoing even today, arises out of the critical lessons learned from the experiences of other countries, most notably China, Vietnam and the former Soviet Union. But fundamentally it is based on the critical awareness of the distinctive features and specific national characteristics of the regional and global geopolitical environment in which a country finds itself.

We have seen numerous transformations of our economic reformation, among them the dollarization of the economy, the opening to investment of foreign capital, the reform of landholding and cultivation, the increase in self-employment, and the application of so-called Business Improvement.

All these changes are supported by law; the legal basis of the economic reform had its antecedents in Decree 50 of February 1982, and in the Constitutional Reform of 1992. Later, more specific rules were conceived: Decree Law 141 on the exercise of self-employment; Decree Law 174 of 1997 on this same subject; Law 77 of 1995 on foreign investment; Decrees 281 and 252 relating to Business Improvement, among others. Though it is true that the laws legitimated all these changes, many of them do not meet the demands that the new economic model calls for.

Add to this the fact that the experience of the old system of economic management and planning through material balances does not have much to contribute. It also lacks sufficient experience in the management and techniques  of the market, among other things, because there was virtually no precedent in national practice. Most of the companies operating both in the internal and external markets are not profitable, are not able to finance themselves and settle their trade debts, which causes great uncertainty in legal transactions.

Our system of economic law faces an uphill task, as it must establish the legal foundations to better structure the base of the economy and the trade relations that will emerge from ongoing global economic development, which we must not remain outside of.

17 June 2013

On Your Marks, Get Set… / Cuban Law Association, Yanelis Ramirez Cruz #Cuba

By Lic. Yanelis Ramírez Cruz

With this motto conscientious teachers prepared us in physical education classes for the stretching our tense muscles, somewhat stunted by the idleness in the classroom where another  classroom professional, this time in math or other subjects, tried to awaken our dormant adolescent neurons.

We had to run a section of the yard, to the finish, near a close neighbor.

I bring up this topic with regard to the publication in the Official Gazette of  Decree Law 302 amending Law 1312, the Emigration Act of September 20, 1976.

On October 16, we Cubans woke up listening to reports on all the news media about changing immigration policy. The Granma newspaper article read:

Updating Cuba’s Immigration Policy.

As expected, the queue to buy the paper that day took on significant proportions, and it was another big surprise that the Official Gazette mentioned was available along with the paper.

The news has become the talk of meetings around the table, in the parks and the corridors: now Cubans can travel where they want, without having to receive a letter of invitation from relatives, friends or acquaintances from other countries, after paying the high consular fees to the Cuban Embassy.

It seems a radical change but, looking sharp eye, not so much. It’s enough to look with an analytical spirit at Decree No.306 “With Regards to the Treatment of Cadres, Professionals and Athletes who require permission to travel abroad .

This is a complicated puzzle because the decree, with incredibly dark and convoluted language, inaccurately states who are those who can not leave the country with the supposed ease offered by the modifications.

It talks about those classified as cadres, managers of the central apparatus of the state, managers and executives who work in activities “vital” to developing the country’s ’strategic’ programs, research projects and health services, as well as technicians performing those same vital and strategic activities and high-performance athletes, coaches and trainers who are vital to the Cuban sports movement.

In a word, no doctors, no nurses, no health personnel, no athletes, no physical education teachers, no teachers of any kind. These are excluded from the amendment.

Does this mean there will be a new law increasing their miserable salaries. Could be. I doubt it.

They will continue to be asked for sacrifice, work and more work. Meanwhile, thousands of young people are crouched on one knee and look towards the finish line, waiting for the teacher’s signal with the old phrase: On your mark, get set, … out!

November 1 2012