The ministry of an agrarian policy of ARK held on March 15 a seminar about the developed situation at the enterprises of agro-industrial complex during carried-out insolvency proceedings of some of them.
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The ministry of an agrarian policy of AR Crimea held on March 15 the legal seminar which subject became developed on today’s de
The ministry of an agrarian policy of AR Crimea held on March 15 the legal seminar the situation which has developed today at the enterprises of agro-industrial complex of the republic during carried-out insolvency proceedings of some of them, and also a measure for the prevention of steady financial insolvency of subjects of managing of branch became which subject.
In work of a seminar the vice-chairman of Council of ministers of AR Crimea Nikolay Kolisnichenko, the Deputy Constant Representative of President of Ukraine in the Crimea Valery Probey-Golova, the minister of an agrarian policy of AR Crimea Pavel Akimov, the chief of the Public executive service (GIS) of AR Crimea Vladimir Parkhomchuk, the chief of the Crimean management concerning bankruptcy Dmitry Poroshin, the deputy chief of Head department of statistics took part in AR Crimea Alexander Shcherbakov, the deputy chief of department of statistics of agricultural industry and environment of Head department of statistics in ARK Olga Nagnibeda, deputy chairmen of regional public administrations concerning agro-industrial complex, chiefs and specialists of managements of agroindustrial development of the district state administrations of the regions of the Crimea, representatives of managements and departments of the Public executive service, employees of the Ministry of an agrarian policy AR Crimea, heads and specialists of agricultural enterprises of the republic.
With opening speeches to participants of a seminar the minister of an agrarian policy of AR Crimea Pavel Akimov whom, having emphasized special importance and an urgency of a subject of action addressed, paid attention present on a number of questions, concerning safety of the agricultural machinery belonging to the enterprises of branch, being, in particular, one of the main objects on which collectings creditors of the enterprise – the bankrupt address.
Information on the situation which has developed at the enterprises of agro-industrial complex of the Crimea concerning which insolvency proceedings are raised, and also the measures accepted by the Ministry of an agrarian policy of the Crimea on the prevention of bankruptcy of the enterprises of branch was made by the head of department of legal and personnel work of the ministry Irina Belyatskaya. According to her, in insolvency proceedings in the territory of the Crimea (as of January 20 of the current year) there are 192 agricultural enterprises that makes 22,8 % from total number of the Crimean agricultural producers, including at an elimination stage – 133, orders property – 50, sanitation – 9 subjects of managing. Thus, for June 1, 2003 the insolvency proceeding was applied only to 34 enterprises of branch, for June 10, 2004 – to 63, on 1iyulya 2006 g – to 175 producers of agricultural products of the Crimea.
A number of normative legal acts, including the draft of the resolution of Council of ministers of AR Crimea are developed for overcoming of current situation of Minagropolitika Kryma About the situation which has developed at the enterprises of agro-industrial complex of the republic during realization of judicial processes of bankruptcy and measures, directed on its stabilization (it is approved as Council of ministers on July 11, 2006 No. 349), AR Crimea Minagropolitika’s order from March 13, 2007 of No. 30.
In performance the special attention to inadmissibility of violation by arbitration managing directors of the current legislation about bankruptcy – ignoring of requirements by them about providing data on existence at the enterprise – the bankrupt of debt on a salary, its sizes and accepted measures for elimination, about a condition of restoration of solvency of the debtor was paid. Inadmissibility of the announcement of the enterprises by bankrupts without taking measures to financial improvement of subjects of managing (from 192 enterprises being in insolvency proceeding, sanitation was applied only to 9) is noted.
About legal regulation of arrest, withdrawal, realization of property of the legal entity by bodies of the public executive service to participants of a seminar was told by the chief of the Public AR Crimea executive service Vladimir Parkhomchuk. In the report it concerned questions of compulsory execution of decisions of the courts and other bodies (public officials) which have entered validity which order is determined by laws of Ukraine About executive production, About the public executive service, problems of obligation of execution of judgments in all territory of Ukraine, an order of compulsory execution of decisions of the courts bodies of GIS, an exception of property of the act of the inventory and arrest, the rights of the parties of executive production and a duty of the state performer, realization of the property arrested by the state performers, defined by the Instruction about carrying out executive actions, and other questions of activity of bodies of the Public executive service in the sphere of execution of judgments by cases of bankruptcy.
In reply to this performance the Deputy Constant Representative of President of Ukraine in the Crimea Valery Probey-Golova, declared that Unfortunately, often in our life the theory disperses from reality … It means that each case of realization of property of agricultural enterprises is necessary for solving individually, in view of that fact – instead of whether it will do much harm to agricultural industry as a whole and to the separate enterprise in particular? .vystupayushchiya specified that The whole systems of plunder of property by the raider enterprises are now created. According to the Deputy Constant representative of President, with a view of settlement of these questions, and also prevention of plundering of property of agricultural enterprises it is necessary to develop the joint agreement on interaction of bodies of GIS ARK and the Ministry of an agrarian policy of ARK, regliruyushchy this sphere. When summarizing seminar Valery Probey-Golova pointed to need of the address to the President of Ukraine with offers on modification of the current legislation regarding the status and competence of arbitration managing directors, and also development and preparation of the instruction or methodical explanations for heads of the enterprises of branch about an order of restoration of solvency of the debtor or recognition by his bankrupt.
The report on a subject Protection of debtor enterprise against unfair application of insolvency proceedings was made by the chief of the Crimean management concerning bankruptcy Dmitry Poroshin. In the speech it shined problems of the Crimean management concerning bankruptcy, mentioned questions of the status of the arbitration managing director, absence of information in the Crimean management (the written addresses) concerning their actions, mutual cooperation of heads of subjects of managing with arbitration managing directors. According to the speaker, the established practices when the arbitration managing director is the business owner interested, first of all, in receiving profit, are inadmissible and ripened need of giving to the arbitration managing director of the status of the civil officer by entering of corresponding changes into the current legislation. It will allow to apply in case of need to the arbitration managing director the measures provided by the Law of Ukraine About fight against corruption.
In addition, Dmitry Poroshin concerned questions of legal illiteracy of heads of some agricultural enterprises, and also rejection of measures by them on repayment of debt on a salary, without leading up to the address of claim to property of the enterprise that gives the grounds to believe about possible arrangement of these public officials to so-called "raider" formations for the purpose of personal enrichment by artificial finishing of the subject of managing to bankruptcy. The attention as well was paid to insufficient observance of the requirement about safety of meliorative networks, sockultbyta and archives in case of bankruptcy of agricultural enterprises, about need of creation of joint committees where the committee of creditors, representatives of the district state administration, committee of irrigating systems and the arbitration managing director, to problems of inclusion of property of the enterprise would enter into liquidating weight and to other questions.
About features of the statistical account in agricultural enterprises to participants of a seminar were told by the deputy chief of department of statistics of agricultural industry and environment of Head department of statistics in ARK Olga Nagnibeda. In its performance questions of difficulties according to the statistical reporting of the agricultural producers having branches of the enterprises in the territory of ARK or beyond its limits, an order of registration of the enterprises of agro-industrial complex, providing information by the district state administrations (pokhozyaystvenny books) about existence of cattle both cultivated areas, and need of providing such information by the Village Soviets of the area, problems of reliability of maintaining the account in pokhozyaystvenny books on land use are mentioned.
After that the word was taken by chiefs of managements of agroindustrial development of the Bakhchsarai region of V. Marinokh, A.Bulankin’s Dzhankoysky region who in the performances paid attention to unsatisfactory work of a number of the arbitration managing directors working at agricultural enterprises of the respective areas and need of development of a legal mechanism of involvement of arbitration managing directors to responsibility in case of violation by them corresponding legislation. On these and other thorny questions, in particular, selection of shots of arbitration managing directors and their deputies, with instructions of the particular persons causing mistrust, the first deputy chairman of the Krasnogvardeysky district state administration N. Bulygin stopped in the performance.
The vice-chairman of the Saksky district state administration Bronislav Andriyenko, having expressed in the performance a wish about carrying out similar seminars at level of the regions of the Crimea with attraction to their work of representatives Economic vessels ARK, stated the offer on creation in raonax the republics of coordination councils concerning bankruptcy of agricultural enterprises with participation of representatives of RGA, territorial bodies of GIS ARK, arbitration managing directors, other interested persons for the purpose of preservation of agricultural machinery and property of the enterprises of the ARK agro-industrial complex in case of their financial insolvency. Bronislav Andriyenko also came out with assumptions of possible illegal actions of some arbitration managing directors and their presumable arrangement to certain officials. In this regard, acting emphasized need of carrying out joint meetings of the district state administrations with the management of the Crimean management for bankruptcy in coordination of the arbitration managing directors who are carrying out the activity in the territory of the area.
In final speech of the minister of an agrarian policy of AR Crimea of Pavel Akimov GIS ARK, Council of ministers of ARK, Minagropolitika ARK, other organizations, and also about preparation by specialists lawyers of the ministry methodical recommendations about an insolvency proceeding order, its stages and terms was a question soon of the tasks facing the ministry the current year, expediency of carrying out such seminars in areas with participation of representatives of management for bankruptcy.
The vice-chairman of Council of ministers of AR Crimea Nikolay Kolisnichenko, finishing action, paid attention to taking place illegal actions of heads of agricultural enterprises on repayment of debt to JSC Krymenergo by agricultural products delivery, including grain, for the used electric power, and also the ripened need of modification of the current legislation for settlement of bankruptcy of agricultural enterprises what needs acceptance of all possible measures, including submission of the sootvetvtvuyushchy bill in the Verkhovna Rada of Ukraine.
Following the results of a seminar joint resolution and the decision of the interested executive authorities are made.
I.Lisova, leading lawyer KGAUKC.