Protection of the rights and interests of economic entities in economic courts by prosecutors

The results of the work of the Vitebsk region prosecutor's offices on the use of powers in economic proceedings for the results of 2020 indicate a positive role of the prosecutor's office in protecting state, public interests, as well as the interests of economic entities.

The main attention in claim work was paid to the restoration of the violated rights of state organizations, institutions, enterprises with a share of state ownership in the property.

For example, the prosecutor of Novopolotsk, in the interests of the Novopolotsk Central City Hospital, filed a lawsuit against an individual entrepreneur - the owner of a truck, on which his hired employee committed a road traffic accident, which caused less serious bodily harm to the machine operator of OAO "Novye Goryany".

The Novopolotsk Central City Hospital spent 2,159 rubles on providing medical assistance to the victim of the accident, which the prosecutor asked to recover from the defendant.

In accordance with the terms of the mediation agreement, the costs of providing medical assistance to the victim were fully reimbursed by the defendant.

Prosecutors also took measures to protect the interests of agricultural enterprises and processing industry enterprises in order to compensate for damages caused by improper fulfillment of the terms of economic contracts, as well as to assist in the registration of title documents for the subsequent alienation of real estate.

The prosecutor of Vitebsk district, in the interests of OAO "Vitebsk Broiler Poultry Farm", filed a claim against OOO "REALPAK" for the recovery of 85,968 rubles of advance payment paid for substandard goods supplied, and 121,215 rubles of penalties (fines) for delay in fulfilling obligations to eliminate defects.

The prosecutor's office established that, based on the results of the procurement procedure, a contract for the supply of dynamic weighing scales was concluded between OAO "Vitebsk Broiler Poultry Farm" and OOO "REALPAK". During the operation of the scales by the buyer, significant quality defects were identified in the form of non-compliance

maximum permissible error in weighing poultry products established by the manufacturer.

Due to LLC "REALPAK" refusing to satisfy the buyer's claims out of court, the prosecutor decided to file a lawsuit in defense of the supervised enterprise. By court decision, the claims regarding the principal debt were satisfied in full, and the penalty amount was reduced based on Art. 314 of the Civil Code.

The prosecutor's office of the same district, in the interests of OJSC "Vozrozhdenie", filed 4 applications to establish the fact of ownership of the hangar, the tractor driver's house, the garage, and the repair workshop building in the village of Zaprudye, Vitebsk district.

The specified property was transferred to the farm as a result of the reorganization of another agricultural enterprise; however, the transfer acts were not properly executed, which became an obstacle to carrying out registration actions with the property.

By decisions of the Vitebsk Regional Economic Court, the prosecutor's claims were satisfied.

Last year, prosecutors continued to file lawsuits to recover external accounts receivable.

In particular, the prosecutor of Polotsk district, in the interests of OJSC "Polotsk-Steklovolokno", filed a lawsuit against the Russian counterparty LLC "Bobinorezal'nye mashiny" to recover the prepayment made in the amount of 1,832,590 Russian rubles under the equipment supply agreement and penalties for violation of the delivery terms in the amount of 1,218 euros.

Currently, the principal debt under the specified claim has been paid off by fulfilling the obligations for equipment supply, and the claim for penalties is under court review.

A significant portion of the prosecutors' appeals to economic courts in 2020 consisted of lawsuits (applications) in the interests of state forestry institutions to recover debts for the supply of timber (22 applications totaling 203,926 rubles).

For example, the prosecutor of Miory district, in the interests of SE "Disna Leskhoz", filed a lawsuit against LLC "BMK-InvestTrade" to recover the principal debt of 18,512 rubles and interest for

using other people's funds in the amount of 2,408 rubles. The decision of the economic court of the Gomel region approved a settlement agreement, under the terms of which the defendant undertook to pay the debt in the aforementioned amount in installments.

Similar applications, but already in the order of summary proceedings, were filed by the prosecutor of the Dokshitsky district in the interests of the State Forestry Enterprise "Begomlsky Leskhoz". By court orders, more than 46 thousand rubles were recovered from the debtor LLC "HasOptTorg".

In total, in 2020, prosecutors of the Vitebsk region filed 62 lawsuits in economic courts for a total amount of 6.8 million Belarusian rubles. The possibilities of simplified legal proceedings were also actively used – claims in 213 cases for a total amount of 3.4 million rubles were filed by the prosecutor's office in the order of summary proceedings.

Ensuring the protection of the economic interests of society and the state does not lose its relevance and significance, in connection with which the work on exercising the prosecutor's powers in economic proceedings will be continued.

 

Deputy Head of the Department for Supervision of

Legislation Enforcement

and Legality of Legal Acts

of the Regional Prosecutor's Office

Dmitry Kudryavtsev