Page 87 - Ekonomija i Biznis_noemvri 2015.indd

INTERVIEW
According to the What is the concrete issue that you
insights from our would like to tackle with your latest initia-
members, a conclusion tive?
can be drawn that
the insolvency is still E.M.Shtrbevska: It concerns specific
a pressing issue in the situations, where the companies have ful-
corporate sector and filled their obligations within a framework
that it is an issue which of concluded agreements for delivery of
has persisted for a goods and services to certain municipali-
longer period of time ties or public companies, but are brought
and therefore cannot in situation where they cannot collect
be overcome overnight. their claims, which also derive from the
Nevertheless, significant concluded agreements. In order to se-
improvements are cure prompt collection of their claims,
achieved with the the companies have invested additional
adoption of legislation effort, time and expenses to initiate and
for overcoming the conduct court proceedings in order to ob-
payment issues tain legally binding decision, so that they
(Law on Financial can acquire payment of their claims coer-
Discipline), on the one cively. But, the problem gets complicated
hand, and regarding in the phase of enforcement, when on the
the compliance with basis of the constrains in the enforcement
the deadlines for which derive of the Article 211 of the Law
timely fulfillment of on Enforcement, which are understood
obligations of the state and applied quite extensively, the enforce-
authorities towards the ment is limited upon the entire assets of
private sector, on the the subjects mentioned in this Article or
other hand a financial limit is determined, which al-
most never exceeds the amount of “neces-
sary” means for performing the activities
of that subject. In the Article 211 of the
Law on Enforcement it is determined that
on objects and rights of the Republic of
Macedonia and its authorities, the units
of local self-government and public com-
panies, one cannot carry out enforcement
for payment of pecuniary claims, if their
funds are necessary for carrying out of
their activities and tasks. In addition, it is to be able to secure effective reimburse-
stipulated that the president of the court
on whose area the enforcement act is car-
ried out, has the authority to determine
which objects and rights are necessary
for carrying out of the activities and tasks
of the debtor, if during the carrying out
of the enforcement, the parties disagree
upon that issue or it is otherwise neces-
sary.
On the basis of the broad discretionary
authorizations which derive out of the
aforementioned Article of the Law, the
presidents of the courts, in certain cases,
but not always, as necessary for carrying
out of the activities of these subjects, be-
sides the objects and the rights of these
subjects, also determine the funds which
are on the accounts with carriers of pay-
ment operations, and they are exempt
of enforcement. The extensive interpre-
tation of the articles of the Law on En-
forcement (Article 211) puts into question
the equality of the subjects in the legal
sphere, which in the end, burdens the
normal functioning of the legal order, and
at the same time directly influences the
liquidity of the private sector.
To simplify, you are suggesting that
for the same issue there exists different
treatment of the economic subjects, de-
pending whether they are in public or pri-
vate ownership?
E.M.Shtrbevska: Taking in considera-
tion the importance of the public sector
which carries out its goals, tasks and ac-
tivities for general benefits of the citizens,
the business subjects and the state as a
whole, it is clear that there must exist cer-
tain legal constrains in the enforcement
over their assets and finances, which im-
plies different treatment in relation to
other subjects. Same or similar legal solu-
tions also exist in the legal systems of all
contemporary countries. Accordingly, our
initiative does not refer to complete an-
nulation of this Article, rather to its more
precise definition, so that the constrains
in the enforcement be brought to what
is necessary for continuous work of the
mentioned subjects, but still the creditors
ment of its financial claims towards the
subjects of the public sector. With this ini-
tiative, the focus is put only on the part of
exemption of constrains for enforcement
of the funds which these subjects have on
their account, which in addition is also
in accordance with the Article 200 of the
Law on Enforcement which precisely and
unambiguously determines that enforce-
ment for the recollection of pecuniary
claim towards legal entity can be carried
out on all available funds on its accounts
of carriers of payment operations.
What is the proposal of the Economic
November 2015 87