Consultation in connection with acceptance by resolution No. 1191 Ministry from 03.10.07g is given., by which changes are made to use Order in 2007 of funds for these purposes.
COMPENSATION PAYMENT to the ENTERPRISES, AFFECTED BY the DROUGHT
(The paragraph the first item 5) was determined by order No. 259 the mechanism of granting a komyopensatsiya by the short-term credits, including the agrarian and industrial complexes enterprises which are defined by the Ministry of Emergency Situations and Chamber of Commerce and Industry as injured droughts in the current year. For period since 01.05.07 many of these predpriyoyatiya already filed documents for receiving compensation, but yet didn’t receive it.
Since 03.10.07. The ministry the resolution No. 1191 made changes to the specified norm of the Order. Now compensation predostavlyaetsya to those agrarian and industrial complexes enterprises which are recognized by the Ministry of Emergency Situations and Chamber of Commerce and Industry victims in rezultate dusty storms on March 23 – 24, droughts in May and a gradobitiya in June and can receive the financial help according to Rasporyazheyony KMU No. 549.
Whether have the right the enterprises which have submitted doyokument before introduction of specified changes, to obtain compensation?
SITUATION ANALYSIS
Let’s begin with that resolutions KMU are acts of the civil legislation (h. 4 Art. 4 of group of companies). And such doyokument have no return action in time, except cases when they soften or cancel a civil liability of the person (h. 2 Art. 5 of group of companies).
It means that the changes which brought by the Resolution No. 1191 in the paragraph the first item 5 and the paragraph the first item 6 of the Order No. 259 and have narrowed a circle of people, having the right to compensation on the credits, can be applied only from the date of coming into effect of this resolution, that is since 03.10.07.
Therefore, all agrarian and industrial complexes enterprises, which Ministries of Emergency Situations and Chamber of Commerce and Industry priznany victims of a drought in the current year, had the right to file till 03.10.07 documents for receiving compensation. If documents were accepted, compensation should them be paid without restriction by any term.
And here those enterprises which provided documents since 03.10.07, have the right to compensation provided that they are recognized by the Ministry of Emergency Situations and Chamber of Commerce and Industry victims of dusty storms on March 23 – 24, droughts in May and a gradobitiya in June and are brought in the register of recipients of the financial help according to KMU No. 549 Order.
List of documents
1. Group of companies – the Civil code of Ukraine from 16.01.03 of No. 435-IV.
2. The resolution No. 1191 – the resolution KMU from 03.10.07 of No. 1191 About modification of use Order in 2007 of the means provided in the government budget for implementation of financial support of the enterprises of agro-industrial complex through the mechanism of reduction of the cost of the short-term and medium-term credits.
3. An order No. 259 – use Order in 2007 of the means provided in the government budget for an osuyoshchestvleniye of financial support of the enterprises of agro-industrial complex through the mechanism of reduction of the cost of the short-term and medium-term credits, approved by the resolution KMU from 21.02.07 of No. 259.
4. KMU No. 549 order – KMU order from 18.07.07 of No. 549 About providing the partial financial help to agricultural enterprises which suffered losses as a result of the dusty storms which have occurred on March 23 – 24, a drought in May and a gradobitiya in June, 2007.