Книги по разным темам Pages:     | 1 |   ...   | 16 | 17 | 18 | 19 | 20 |   ...   | 44 |

An example of a municipal act addressing the issues of bankruptcy prevention is УThe Provision on the procedure for Irkutsk City Admini strationТs participation in the bankruptcy procedure for organizationsФ, where, in particular, it is stated that the City Administration, Уin order to prevent bankruptcies of organizations, jointly with the territorial agency of the Federal Insolvency (Bankruptcy) Agency, participates in develop ing and implementing programs for social protection of employees dur ing bankruptcies of organizations; analyses the economic and financial status of organizations displaying the indicia of bankruptcy, and keeps their registerФ94.

The normative acts concerning the issues of financial recovery as a pre trial procedure also are in force in other regions - in Primorskii Krai, Ivanovo Oblast95, Bashkortostan (the republican budget every year allo Provision УOn reorganization of and State financial support to enterprisesФ, approved by the Government of the Republic of Altai of 15 June 1999 No. 222.

Provision УThe Provision on the procedure for Irkutsk City AdministrationТs participation in the bankruptcy procedure for organizationsФ, Annex to Decree of Irkutsk City Mayor of 29 December 1998 No. 031 06 1575/8.

УMain areas of the activity aimed at financial rehabilitation of enterprises (organizations) registered on the territory of Ivanovo OblastФ, approved by Decree of the Government of Ivanovo Oblast as of 04.07.2001, No. 60 p.

cates Уthe necessary amount of funds for the support of enterprises during their restructuring, reorganization and liquidation)96, the Repub lic of Buriatia (the State Tax Inspectorate for the Republic of Buriatia and the federal off budget funds for the Republic of Buriatia must, prior to petitioning with the RepublicТs Arbitrage Court that an organization be deemed to be bankrupt, to ensure, in the procedure of pre trial re organization, that the economic status of those organizations be re viewed for the purposes of financial recovery.Ф In this connection, Уthe reviewing is mandatory for budgetary, socially relevant organizations and enterprises whose debts have arisen as a result of fulfilling state ordersФ97), etc.

In some regions, there exist normative acts designed to support en terprises belonging to certain branches of the economy. Thus, in Vol gograd, a special decree of the Oblast Administration was adopted in order to prevent bankruptcies of agricultural enterprises98.

A serious problem is also associated with premeditated bankrupt cies of enterprises. Thus, in the Republic of Tatarstan there exists a co ordinating expertsТ council Уwith the participation of representatives of law enforcement, tax and other supervisory agenciesФ, which performs the functions of Уcoordinating the activities and developing a complex of measures designed to create and ensure the functioning of a system for preventing premeditated bankruptcies of juridical persons in the Republic of Tatarstan, as well as of preparing appropriate proposals and expertТs estimations in respect to certain juridical personsФ99.

As for the issues associated with the bankruptcy procedure as such for enterprises, here the majority of acts address two basic points: the relations of a debtor with the budgets of all levels, and the department performing executive, authorization, supervisory and organizational Decree of the Cabinet of Ministers of the Republic of Bashkortostan of 29 April No. 85 УOn the activity of the Republican Insolvency (Bankruptcy) Agency at the State Committee of the Republic of Bashkortostan for Managing State PropertyФ.

Regulation of the Government of the Republic of Buriatia of 24 March 1999, No. 263 r Decree of the Head of Administration of Volgograd Oblast of 15 March 1999 No. УOn measures designed to prevent the bankruptcy of agricultural enterprises on the terri tory of Volgograd OblastФ.

Decree of the President of the Republic of Tatarstan of 1 August 2001 No. UP 655 УOn measures designed to prevent premeditated bankruptcy of juridical persons in the Republic of TatarstanФ.

functions in a bankruptcy procedure, as well as the creditorТs functions, on behalf of the State, in respect to debtor enterprises. Thus, in Kursk Oblast the legislative base concerning bankruptcy contains, almost ex clusively, the acts which deal with restructuring the enterprisesТ arrears of payments to the Oblast budget.

According to the general rule, the StateТs interests in the bankruptcy procedure for enterprises are represented (alongside with the credi torТs functions) by either the Committee (or Ministry) for managing state property, or by its department (as, for example, in the Republic of Bashkortostan100, Altai Krai101, Saratov Oblast102, Voronezh Oblast103), or by a territorial agency of the FSFRB or its subdivision (the Republic of Buriatia104, the Republic of Karelia105, the Republic of Chiuvashia106, Decree of the Cabinet of Ministers of the Republic of Bashkortostan УOn the Republi can Bankruptcy and Financial Rehabilitation AgencyФ of 2 June 1999 No. 158.

Decree of the Administration of Altai Krai УOn additional measures for efficient imple mentation of RF legislation on insolvency (bankruptcy) in the territory of Altai KraiФ of March 2000 No. 179.

Decree of Saratov Oblast Duma УOn delegating to the Saratov OblastТs Ministry for Property and Bankruptcy Affairs the powers of a creditor in respect to money liabilities to the oblast budgetФ of 7 July 1998 No. 16 383.

Decree of the Administration of Voronezh Oblast УOn organizational measures de signed to implement the RF Law УOn insolvency (bankruptcy)Ф in the territory of Voronezh OblastФ of 3 September 1998 No. 856.

Decree of the Government of the Republic of Buriatia УOn measures designed to im plement Law of the Russian Federation of 08.01.98 6 FZ УOn insolvency (bankruptcy)Ф of 13 May 1998 No 159.

Decree of the Chairman of the Government of the Republic of Karelia УOn concluding the Agreement УOn delegating powers of the RF Federal Service for Insolvency and Fi nancial RehabilitationФ of 16 March 1999 No. 130.

Decree of the Cabinet of Ministers of the Republic of Chiuvashia of 13 April 2001 No. УOn the Agreement with the RF Federal Service for Insolvency and Financial Rehabilita tionФ.

Krasnoyarsk Krai107, Archangel Oblast108, Ivanovo Oblast109, Kostroma Oblast110, Moscow Oblast111, St. Petersburg112, etc.).

However, there are also some exceptions. Thus, in Novosibirsk Oblast, the state agency Уperforming executive, supervisory, authoriza tion, regulatory and organizational functions in order to efficiently re solve the problems arising in insolvency (bankruptcy) and financial re habilitation of organizationsФ is the Iinsolvency (Bankruptcy) Agency of Novosibirsk Oblast Administration113. And in the Republic of Sakha (Ya kutia) the function of petitioning to the Arbitrage Court that an enter prise with arrears of payments to the republican budget be deemed to be bankrupt is delegated to the Republican Service for reforming and bankruptcy at the RepublicТs Government, which performs it in coordi nation with branch departments114.

In Moscow, the cityТs interests as a creditor in respect to liabilities and arrears of mandatory payments are represented in the arbitrage court by the Moscow Insolvency (Bankruptcy) Committee, while a spe cially established commission for non payments and bankruptcy, among other issues, Уdevelops recommendations for financial rehabili tation of the organizations - debtors of the Complex of City Services, УProvision on the Department for Krai propertyФ, approved by Decree of Krasnoyarsk KraiТs Administration of 27 June 2001 No. 466 P.

Decree of the Head of Administration of Archangel Oblast УOn delegating rights to the Territorial Agency of the RF Federal Service for Insolvency and Financial Rehabilitation in Archangel OblastФ of 19 March 2001 No. 84.

Regulation of the Head of Administration of Ivanovo Oblast УOn delegating the powers of the RF Federal Service for Financial Rehabilitation and BankruptcyФ of 28 June No. 722 r.

Decree of the Governor of Kostroma Oblast УOn delegating powers to the Territorial Agency of the RF Federal Service for Financial Rehabilitation and Bankruptcy in Kostroma OblastФ of 19 April 2001 No. 167.

Decree of the Government of Moscow Oblast УOn implementing in the territory of Mos cow Oblast of legislation of the Russian Federation on insolvency (bankruptcy) of enter prisesФ of 9 February 1998 No. 13/4.

Regulation of St. PetersburgТs Administration УOn measures designed to extend the practice of initiating bankruptcy procedures in respect to organizations with arrears of payments to the budget of St. PetersburgФ of 2 August 2001 No. 581 ra.

УProvision on the Insolvency (Bankruptcy) Agency of Novosibirsk OblastТs Administra tionФ approved by Decree of the Head of the Oblast Administration of 01.04.99 No. 206.

Decree of the Government of the Republic of Sakha (Yakutia) УOn measures designed to improve the efficiency of implementing bankruptcy procedures in the Republic of Sakha (Yakutia)Ф of 13 February 2001 No. 75.

through the application of economic and legal leversФ, and Уcreates ap propriate conditions for restructuring the financial liabilities of the or ganizations - debtors of the Complex of City Services, in order to im prove the economic efficiency of their activityФ115.

As a rule, the same regional agency works with specialists in anti crisis administration (bankruptcy commissioners), which includes their training, certification and licensing (for example, in Kaluga Oblast - the FSFRBТs territorial agency, by referrals of municipal formations116), the supervision of their activity (in particular, in Altai Krai - the Krai Commit tee for Managing State Property117), etc. However, here there are also some exceptions - in Astrakhan Oblast it is recommended that not only the selection, but also the training of bankruptcy commissioners for their appointment to bankrupt enterprises be done by Heads of Admini stration of municipal formations118.

The funding for the training of bankruptcy commissioners, as a rule, comes from a regionТs budget (for representatives of a regionТs execu tive authority or bodies of local self government), or from those enter prises that have sent them, and for unemployed - from the employment funds (for example, in the Republic of Bashkortostan119).

Much attention in the regions is being paid to developing a consoli dated position for all state organizations - creditors of bankrupts. Thus, in the Republic of Sakha all related organizations with the right to file a petition in bankruptcy must submit Уthe documents necessary for ap plying to the arbitrage court with a single petition containing consoli dated claims to the debtorФ to the Republican Service for Insolvency Regulation of the Mayor of Moscow УOn creating the Commission of the Moscow Gov ernment for non payments and bankruptcies of organizations indebted to the city ser vicesФ of 8 April 1998 No. 344 RM.

Decree of the Government of Kaluga Oblast УOn the activity of the Territorial Agency of the RF Federal Service for Insolvency and Financial Rehabilitation in Kaluga Oblast aimed at ensuring an interaction with the bodies of local self governmentФ of 27 November No. 125.

Decree of the Administration of Altai Krai УOn additional measures for efficient imple mentation of RF legislation on insolvency (bankruptcy) in the territory of Altai KraiФ of March 2000 No. 179.

Decree of Head of Administration of Astrakhan Oblast УOn the efficiency of implement ing bankruptcy procedures in the OblastФ of 29 January 1999 No. 25.

Decree of the Cabinet of Ministers of the Republic of Bashkortostan УOn training crisis management specialistsФ (bankruptcy commissioners) of 29 September 1999 No. 311.

and Financial Rehabilitation at the Ministry for State Property of Yakutia.

In this connection, Уthe consolidated position of the State, when the cases of bankruptcy of juridical persons are being considered by an arbitrage court, is to be elaborated by the Board of empowered state representatives, to be created by the Republican Service for Insolvency and Financial Rehabilitation at the Ministry for State Property of the Re public of Sakha (Yakutia)Ф120.

In Volgograd Oblast, Уthe consolidated position of the State in the course of bankruptcy cases being considered by arbitrage courts is to be elaborated by the Board of empowered state representatives cre ated by the FSFRB of RussiaФ121. In Lipetsk Oblast, it is recommended that the state departments Уcoordinate issues relating to initiating the proceedings in bankruptcy, as well as the candidates recommended for being appointed bankruptcy commissioners in charge of bankrupt enterprises, with the Territorial Agency of the RF Federal Service for Insolvency and Financial Rehabilitation in Lipetsk Oblast, as well as with Heads of Administrations of the OblastТs cities and regionsФ122.

In Moscow, a single commission for non payments and bankruptcy in respect to the organizations - debtors of the Complex of City Ser vices was established, which must ensure, among other things, the in teraction between the federal and city departments concerning this is sue123. And in Voronezh Oblast, the responsibility Уto coordinate the ac tivities of the bodies of executive authority and the administration when effectuating bankruptcy procedures was delegated to the commission Decree of the Government of the Republic of Sakha (Yakutia) УOn the procedure for creating and running the Board of empowered state representatives who develop the StateТs consolidated position concerning the proceedings in bankruptcy against debtors - juridical personsФ of 15 January 2000 No. 16.

Letter of the Administration of the RF Ministry for Taxes and Levies for Volgograd Oblast of 5 May 2000 No. 03 15/204.

Decree of the Head of Administration of Lipetsk Oblast УOn increasing control over the bankruptcy procedureФ of 28 September 1998 No. 375.

Regulation of the Mayor of Moscow УOn creating the Commission of the Moscow Gov ernment for non payments and bankruptcies of organizations indebted to the city ser vicesФ of 8 April 1998 No. 344 RM.

for redemption and restructuring of arrears of payments to the oblast and local budgets of Voronezh Oblast124.

Pages:     | 1 |   ...   | 16 | 17 | 18 | 19 | 20 |   ...   | 44 |    Книги по разным темам