The prosecutor's offices of the Vitebsk region have assessed the activities of commissions for the prevention of economic insolvency (bankruptcy)
Taking into account the significance of the issues raised, the prosecutor's offices of the Vitebsk region conducted an inspection of the activities of commissions for the prevention of economic insolvency (bankruptcy) in February-March of the current year. During this inspection, it was established that the specified commissions are taking certain measures to prevent bankruptcy of enterprises in the region and restore their solvency. At the same time, prosecutors have identified significant violations of legislation in the activities of the commissions.
In particular, when forming these commissions, authorized persons do not always comply with the requirements of Article 16 of the Law of the Republic of Belarus "On Economic Insolvency (Bankruptcy)": persons who have not undergone checks for criminal records are unreasonably included in the commissions, and in case of personnel changes, the composition of the commissions is not revised. Such violations were identified in the city of Vitebsk, Beshenkovichsky, Lepelsky and Sennensky districts.
The regulations on the work of commissions for the prevention of economic insolvency (bankruptcy) are not always properly developed, which negatively affects the work of these commissions (Gorodoksky and Dubrovensky districts).
Prosecutors of Novopolotsk and Vitebsk districts noted violations in the activities of the supervised commissions of the Complex of measures for the prevention of economic insolvency (bankruptcy) and the conduct of economic insolvency (bankruptcy) procedures, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated 04.09.2013 No. 785.
An analysis of the minutes of the commission meetings indicates that the planned measures to restore the solvency of enterprises are not always
The decisions made by the commissions are in some cases imprecise and contain general phrases ("increase product output, which will lead to an increase in revenue and a decrease in cost price", "ensure the growth rate of gross output", etc.), which indicates formalism in the work carried out.
In addition, in all cases, authorized persons do not exercise proper control over the implementation of decisions of commissions for the prevention of economic insolvency (bankruptcy); there are cases of lack of proper interaction between commissions and other state bodies, which in turn negatively affects the economic development of the regions.
Based on the results of the audit, prosecutors of Novopolotsk, Gluboksky, Gorodoksky, Lepelsky, Lioznensky, Ushachsky, Sharkovshchinsky and other districts noted the insufficient effectiveness of the commissions' work.
On the facts of the revealed violations of the legislation, prosecutors of cities and districts submitted 5 representations, issued 1 order, and sent 2 information to the chairmen of local executive and administrative bodies. The Prosecutor's Office of the Vitebsk region sent a generalized representation to the Vitebsk Regional Executive Committee on eliminating violations of the legislation aimed at preventing economic insolvency (bankruptcy), the causes and conditions conducive to it, which is under consideration.
Prosecutor of the Department for Supervision over the
Enforcement of Legislation
and Legality of Legal Acts
of the Vitebsk Regional Prosecutor's Office Marina Zaprudskaya