Article is devoted to the analysis of reforming of agrarian sector of economy. In it it is told about transition of agro-industrial complex from state, collective to private form of ownership. Examples not always weighed, without economic calculation of accepted decisions for reforming of collective farms are given.
Article is intended for heads and working agroindustrial formations of various form of ownership.
The policy of the state in reforming of agrarian sector of economy consisted and consists today in implementation of transition of agro-industrial complex from state, collective to private form of ownership on the earth and property. It is caused by that to all members of the reorganized enterprises (state farms, collective agricultural enterprises, the enterprises created in the course of their reorganization) full liberty of choice was provided and provided now:
– the organizational form, created new agroformation;
– the leader, the created enterprise;
– in decision-making – to become the member of new agroformation, or, having received the earth and property, individually to work independently or with members of the family.
Thus the policy of the state provides that decision-making by citizens should be based not on their ambitions, old concepts and stereotypes, and on a principle of economic feasibility. Reorganization of the enterprises should be carried out thus not to cause the conflicts and finally to promote economic growth of again created agroformations.
The analysis of process of reforming of agricultural industry as in the Autonomous Republic Crimea, and as a whole in Ukraine testifies that democracy principles in this process were observed, however, unfortunately, thus the economic approach, expediency of adoption of these or those decisions were often ignored. Everyone understood democracy on the that quite often brought in a result to crushing of the enterprises, their deterioration and without that serious financial and economic condition.
During an agrarian reform only in the Autonomous Republic Crimea on the basis of the reorganized 35 state and 220 collective agricultural enterprises 848 new agroformations (the number of the enterprises is increased in 3,3 times) are created.
The state it was given the chance to citizens to be allocated, create the new enterprises, to work independently. However realizing this right, many didn’t consider that operating plants which they decided to leave, were already economically weakened, had considerable debts and insignificant quantity of liquid property. Decisions were accepted without looking at that such vital objects as a current, a mekhdvor, mekhmastersky, the canning shop, the refrigerator and some other objects were available not in all agricultural enterprises and if were available, were singular.
In connection with told realization of desires and the accepted decisions on an exit in the absence of due economic calculation, led competent and responsible leaders often at the section not to positive result, and to emergence of conflict situations, further deterioration of a condition of the enterprises, and at times and to their elimination.
So absence of the economic analysis at realization of wills of citizens led to disappearance of such largest agricultural enterprises of the Crimea as: KSP "Russia" (it is reorganized into 25 new agroformations), KSP "Red Army" (is reorganized into 11 enterprises) Krasnogvardeysky, KSP "Russia" (is reorganized into 9 enterprises) Belogorsky; KSP "Pyatiozerny" (it is reorganized into 8 enterprises) Krasnoperekopsky; KSP "Haying" (it is reorganized into 7 enterprises) Razdolnensky; KSP "Spring" (it is reorganized into 6 enterprises) Simferopol; KSP of Ilyich (it is reorganized into 5 enterprises) Bakhchsarai areas and a number of other farms.
The result of reorganization of SPK "Taurida" of the May Day area created on April 7, 2000 during reorganization of KSP "Taurida" became one of such bitter examples.
Process of disintegration of SPK began in 2000 in connection with an exit of a part of citizens from it individually and receiving property by them in nature and creation of the SPK "Mry" new enterprise (12.05.00) at the expense of property and the earth of group of the citizens who have left cooperative.
On it reorganization of the enterprise didn’t come to the end. In the autumn of 2001 in connection with deterioration of a financial and economic condition of the enterprise (the accounts payable for 01.01.02 made 1601,1 thousand UAH.) remained members (associated members) of SPK make the decision on an exit from cooperative. Societies of co-owners are created, representatives get out: for a group of persons, wished to leave SPK to receive property in nature and to transfer it in JSC A/F rent "Taurida", for a group of persons, wished to leave SPK and to transfer property in SPK "Mry" and for a group of persons, wished to leave SPK and to transfer property in KP "Ptitsekompleks" software.
To authorized persons (chairmen of societies of co-owners) on the basis of powers of attorney of citizens and under condition of providing necessary documents the right to receive from SDK property for the sum due to citizens was granted.
This work was, is in due time executed by only one representative whom operating within the powers entrusted it received the property allocated to citizens and transferred it in JSC A/F rent "Taurida" for a period of 3 years.
Due to the disagreement of two other representatives with the expert assessment of the property which has been carried out in cooperative in 2001 by Krasnogvardeysky consulting campaign, not their desire structurally and operatively to solve questions according to the property list for groups of citizens which interests they represented, the necessary list of documents for receiving property due to citizens before date of opening of proceeding of bankruptcy of SPK "Taurida" (18.06.02) in cooperative wasn’t provided.
The property which is subject to allocation to groups of co-owners, represented by these representatives, at the moment of excitement by Economic court of the Autonomous Republic Crimea of business on bankruptcy of SPK "Taurida" (18.06.02g.) was on balance of the enterprise. By the appointed court the manager of property of cooperative of the requirement of citizens about allocation of enterprise assets by it on account of a due share of property were included only in the fifth turn of requirements of creditors.
Carrying out wind-up procedure of cooperative, the liquidator held all events provided for this process: gave announcements in the newspaper Crimean news about tendering on sale of property of the bankrupt (No. 113 (2853) from 24.06.03g.; No. 146 (2886) from 09.08.03g.; No. 180 (2920) from 27.09.03g.; No. 210 (2950) from 08.11.03g.); held the auction 30.07.03g.; 05.09.03g.; 27.10.03g.; 28.11.03g. Thus the auction on July 30 and on October 27 admitted not taken place in to a type of absence of demands for prizes, and at the auction which has taken place on September 5 and on November 28 only insignificant part of objects of the bankrupt was redeemed; MMZ ZIL-130 without number, the chassis trailer, scales and two cars of brand IZh-Kombi.
Taking into account current situation with realization of property of the debtor, at the initiative of Krasnoperekopsky FIRES (submitted the action for declaration on bankruptcy of SPK "Taurida") on December 9, 2003 the committee of creditors made the decision to agree to the liquidator on the conclusion of the contract of purchase and sale of the SPK "Taurida" complete property complex in balance cost of 3467422,69 UAH. to the subject of an entrepreneurial activity Ivanenko of A.V for 180 thousand UAH. Having received the written consent of the buyer 17.12.03g. for No. 01/17-12 the liquidator signed the contract of purchase and sale of the SPK "Taurida" complete property complex with this subject of an entrepreneurial activity.
After introduction by the buyer on a bank account of all due sum of money to it transfer by the liquidator of all assets of the enterprise is made.
The means received as a result of realization of property of the bankrupt, are spent for liquidating expenses, partial repayment of accounts payable, including the debt of the second turn on a salary, and partially the third turn of requirements of creditors is completely extinguished. Funds for repayment of the fourth, fifth and sixth turn of requirements of creditors any more didn’t suffice.
Definition Economic vessels AR Crimea from 01.03.04g. the report of the liquidator of SPK "Taurida" of the May Day area is approved. The bankrupt of SPK "Taurida" is liquidated . The proceeding No. 2-5/658-2004 of recognition by the bankrupt of SPK "Taurida" of the May Day area is stopped.
Based on the results of testing prosecutor’s office of the May Day region of AR Crimea of violations of standards of the legislation on restoration of solvency of the debtor or recognition by his bankrupt at property alienation by the liquidator it is not established. The bases for application of measures of public prosecutor’s reaction wasn’t available.
Work is carried out. Process is complete. What result of this work.
There is no enterprise. Remained without property after elimination of cooperative of his 170 former members (associated members). They look for protection of the rights in different instances. Sound alarm and blame for all troubles SPK and area management, authorized from groups of co-owners. Thus that the decision on the matter is taken already out by definition of Economic court isn’t taken into consideration.
Painful lessons from this bitter experience – "roads to nowhere" should take out not only the citizens who have injured on the this case, but also those who is going to leave the enterprises, to receive the share of property:
– decision-making should be only weighed, economically reasonable and expedient;
– the trust on upholding of interests concerning property should appear to only initiative, competent, responsible and exclusively decent people;
– work should be carried out competently and without delays;
– personal level of knowledge of citizens of the normative documents regulating protection of laws of estate should raise.
In order to avoid similar cases, reductions to a risk minimum at acceptance of crucial decisions for all owners of land and to property entered the market relations, should become main governed:
– during the signing or paperwork concerning a property attentively to study them;
– in case of ignorance of the separate moments it is obligatory to consult at experts of regional level or the Ministry of an agrarian policy of the Autonomous Republic Crimea and only after that to make out and sign necessary documents as not the knowledge of laws doesn’t relieve from citizens of responsibility, instead of desire their nobility leads to unacceptable consequences.
V. IZOTOV, head of department of settlement of the relations of a property, development of small business, to management of corporate rules and external economic relations.