of December 13, 2022 No. 227-Z
About insolvency settlement
Accepted by the House of Representatives on November 10, 2022
Approved by Council of the Republic on November 23, 2022
1. Bankruptcy - the insolvency of the debtor recognized as the judgment, considering economic cases (further if other is not established, - court), about recognition of the debtor - the legal entity the bankrupt and opening of liquidating production, about recognition of the debtor - the individual entrepreneur the bankrupt with the termination of business activity and opening of liquidating production.
2. Close relatives are parents, children, adoptive parents (adopters) adopted (adopted), brothers and sisters, the grandfather and the grandma both from the father, and from mother, grandsons, the spouse (spouse).
3. The interim (anti-recessionary) manager - the legal entity or the individual entrepreneur (the citizen of the Republic of Belarus or the foreign citizen, the stateless person having the residence permit in the Republic of Belarus) appointed by court for execution of powers in insolvency matters or bankruptcy (the interim manager - in the protective period, the anti-recessionary managing director - in bankruptcy proceedings, sanitation, liquidating production) (further if other is not established, - the managing director).
4. The state organization (the organization from shares of the state) - the state unitary enterprise, the national association which is the commercial organization, the legal entity, shares (share in authorized fund) of which belong to the Republic of Belarus and are transferred to the control to National Bank, National academy of Sciences of Belarus, Administration of the President of the Republic of Belarus, other state bodies and other state organizations, subordinate (accountable) to the President of the Republic of Belarus, the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, or shares (share in authorized fund) of which belong to administrative and territorial units of the Republic of Belarus.
5. State bodies - National Bank, National academy of Sciences of Belarus, Administration of the President of the Republic of Belarus, other state bodies and other state organizations, the subordinate Republic of Belarus (accountable) to the President (except for Administration of the President of the Republic of Belarus, the State secretariat of the Security Council of the Republic of Belarus and the Presidential Security Service of the Republic of Belarus), the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, local executive and administrative organs.
6. The city-forming organization - the legal entity whose payroll number of workers on the date of filing of application about insolvency or bankruptcy makes at least one quarter of occupied population (workplaces) of the respective settlement or due to implementation of economic (economic) activity of which is supported life support of the respective settlement. In case of determination of number of occupied population (workplaces) of the respective settlement workers of legal entities who cannot be debtors according to Item 8 of this Article are not considered.
7. Monetary commitment - obligation to pay to the creditor certain sum of money according to the civil transaction or other basis established by the civil, civil procedural or economic procedural legislation, the legislation on enforcement proceeding, except for obligations on compensation of the payments made from republican and local budgets according to guarantees of the Government of the Republic of Belarus and guarantees of local executive and administrative organs, obligations on the budget and external state loans, the obligations to the budget which arose from contracts of assignment of the requirement.
8. The debtor - the insolvent legal entity, being the commercial organization (except for the unitary enterprise founded on the right of operational management (the state company)) or the non-profit organization performing activities in the form of consumer cooperative, fund; insolvent individual entrepreneur.
9. Pre-judicial improvement - the measures taken by the head of the legal entity, the owner of property of the unitary enterprise, founders (participants) of the legal entity, state body under supervision (structure) of which is the legal entity or which exercises control of the stocks (shares in authorized fund) of the legal entity owned by the Republic of Belarus or its administrative and territorial units, based on private determination of court on ensuring effective economic (economic) activity and recovery of solvency of the legal entity.
10. Interested persons concerning the debtor - the individual entrepreneur:
the physical persons recognized according to this Law interested persons concerning the physical person which is the debtor - the individual entrepreneur;
the legal entities or individual entrepreneurs involved to rendering services in accounting of the income and expenses to the debtor - to the individual entrepreneur based on the civil agreement, including in case of the termination of such agreement if from the date of its termination about day of initiation of proceeedings about bankruptcy there passed no more than one year.
Concerning the debtor - the individual entrepreneur also persons recognized according to this Law interested persons concerning the physical persons specified in this Item are considered as interested persons.
11. Interested persons concerning the debtor - the legal entity:
the legal entity who is the main, dependent or affiliated in relation to the debtor - to the legal entity;
the debtor's head - the legal entity, and also persons entering into the board of directors (supervisory board), collegiate executive body or other body of the debtor - the legal entity, or the other persons authorized according to the constituent document, the agreement or the legislation to manage the debtor - the legal entity, the chief accountant of the debtor - the legal entity, including the holding these positions of employees before recognition of the debtor - the legal entity insolvent or the bankrupt if there passed no more than one year from the date of the termination of the contract with them or from the date of the termination of their powers about day of initiation of insolvency proceedings or bankruptcy;
the legal entities or individual entrepreneurs involved to rendering services to the debtor - to the legal entity on conducting financial accounting and creation of the accounting and (or) financial reporting based on the civil agreement, including in case of the termination of such agreement if from the date of its termination about day of initiation of insolvency proceedings or bankruptcy there passed no more than one year;
the other persons recognized according to the legal acts interested or affiliates concerning the debtor.
Concerning the debtor - the legal entity also persons recognized according to this Law interested persons concerning the physical persons specified in this Item are considered as interested persons.
12. Interested persons concerning the creditor:
the physical persons recognized according to this Law interested persons concerning the creditor - physical person;
the legal entity who is the main, dependent or affiliated in relation to the creditor - to the legal entity;
the creditor's head - the legal entity, and also persons entering into the board of directors (supervisory board), collegiate executive body or other body of the creditor - the legal entity, or the other persons authorized according to the constituent document, the agreement or the legislation to manage the creditor - the legal entity, the chief accountant of the creditor - the legal entity, including the holding these positions of employees before recognition of the debtor - the legal entity insolvent or the bankrupt if there passed no more than one year from the date of the termination of the contract with them or from the date of the termination of their powers about day of initiation of insolvency proceedings or bankruptcy;
the legal entities or individual entrepreneurs involved to rendering services to the creditor in conducting financial accounting and to creation of the accounting and (or) financial reporting based on the civil agreement including in case of the termination of such agreement if from the date of its termination about day of initiation of insolvency proceedings or bankruptcy there passed no more than one year;
the other persons recognized according to the legal acts interested or affiliates concerning the creditor.
Concerning the creditor also persons recognized according to this Law interested persons concerning the physical persons specified in this Item are considered as interested persons.
13. Interested persons concerning the managing director:
the physical persons recognized according to this Law interested persons concerning the managing director - physical person;
the managing director's head - the legal entity, and also persons entering into the board of directors (supervisory board), collegiate executive body or other body of the managing director - the legal entity, or the other persons authorized according to the constituent document, the agreement or the legislation to manage the managing director - the legal entity, the chief accountant of the managing director - the legal entity, including the holding these positions of employees before recognition of the debtor - the legal entity the bankrupt if there passed no more than one year from the date of the termination of the contract with them or from the date of the termination of their powers about day of initiation of insolvency proceedings or bankruptcy;
the legal entities or individual entrepreneurs involved to rendering services to the managing director in conducting financial accounting and to creation of the accounting and (or) financial reporting based on the civil agreement including in case of the termination of such agreement if from the date of its termination about day of initiation of insolvency proceedings or bankruptcy there passed no more than one year;
the other persons recognized according to the legal acts interested or affiliates concerning the managing director.
Concerning the managing director also persons recognized according to this Law interested persons concerning the physical persons specified in this Item are considered as interested persons.
14. Interested persons concerning physical person - the spouse (spouse), relatives on the direct ascending and descending line, brothers, sisters and close relatives of brothers and sisters on the direct descending line, relatives of the spouse (spouse) on the direct ascending and descending line, brothers and sisters of the spouse (spouse) and close relatives of brothers and sisters of the spouse (spouse) on the direct descending line, and also the physical persons recognized by family members according to the legislation on scrap and family.
15. Mortgage property - the property of the debtor, including property rights which is subject of pledge or being pledge subject before the termination of pledge in connection with realization or impossibility of realization of such property taking place after opening concerning the debtor of bankruptcy proceedings.
16. The mortgage creditor - the creditor according to the obligations provided with mortgage property which had right to the address of collection to such property. The status of the mortgage creditor extends to persons specified in this Item also in case of the termination of pledge according to the corresponding obligations in connection with realization or impossibility of realization of the mortgage property taking place after opening concerning the debtor of bankruptcy proceedings in the presence of reasons for satisfaction of requirements of such persons established by this Law as a part of requirements of creditors of the third queue.
17. The protective period - the procedure applied to the debtor for the purpose of carrying out the analysis of reliability of the facts stated in the bankruptcy petition or bankruptcy, verification of presence (absence) of the bases for filing of application established by this Law on insolvency or bankruptcy and the bases for opening of bankruptcy proceedings.
18. Bankruptcy proceedings - the procedure applied to the debtor for the purpose of verification of presence (absence) of the bases for decision making about recognition of the debtor - the legal entity insolvent and introduction of sanitation or about recognition of the debtor - the legal entity the bankrupt and opening of liquidating production, about recognition of the debtor - the individual entrepreneur the bankrupt with the termination of business activity and opening of liquidating production, forming of the register of requirements of creditors, determinations of signs of deliberate bankruptcy, concealment of bankruptcy or preventing to carrying out settling with creditors.
19. Creditors - persons having in relation to the debtor right to claim according to the monetary commitments obligatory for payments, obligations on salary payment and performing other payments according to the legislation on work.
20. Large deal - the transaction attracting acquisition, alienation or possibility of property acquisition of the debtor on the date of its making - the legal entity whose cost constitutes 20 and more percent of the cost of all property of the debtor determined based on accounting data and the accounting and (or) financial reporting on the 1st day of the first month of the current quarter; and property of the debtor - the individual entrepreneur and the legal entity applying simplified taxation system - 300 and more basic sizes.
21. Liquidating production - the procedure applied to the debtor declared bankrupt for the purpose of liquidation of the debtor - the legal entity or the termination of activities of the debtor - the individual entrepreneur, sale of property of the debtor and the greatest possible satisfaction of requirements of creditors according to the established priority.
22. The liquidated debtor - the legal entity on whom the decision on liquidation is made before initiation of proceeedings on its bankruptcy.
23. The voluntary settlement - the agreement between the debtor, creditors and if necessary the third parties about suit abatement about insolvency or bankruptcy on the basis of reciprocal concessions, concluded in sanitation or liquidating production and approved by court.
24. Insolvency - the financial condition of the debtor characterizing its inability to fulfill monetary commitments, duty on payment of obligatory payments and (or) obligations on salary payment and performing other payments according to the legislation on work which completion date came.
25. Insolvency - the insolvency of the debtor recognized as the judgment about recognition of the debtor insolvent and sanitation introduction.
26. Obligatory payments - taxes, charges (duties), penalty fee and other payments in republican and (or) local budgets, including in the state trust budget funds, budgets of state non-budgetary funds which the debtor shall pay according to the legislation; the amounts of unexecuted obligations of the debtor on budget advances, the budget loans, obligations to the budget which arose from contracts of assignment of the requirement, to external state loans, compensation of the payments made from republican and (or) local budgets according to guarantees of the Government of the Republic of Belarus and guarantees of local executive and administrative organs, to percent, penalty fee and other payments on them, transfer of payment for provision of means of external state loans, guarantees of the Government of the Republic of Belarus and guarantees of local executive and administrative organs; administrative punishments in the form of penalty and collection of cost; the penalties imposed according to the penal legislation; the amounts of the privileges and (or) preferences provided in connection with the conclusion of the investment contract with the Republic of Belarus which are subject to compensation to the Republic of Belarus and its administrative and territorial units.
27. The organization equated to city-forming - the organization which payroll number of workers on average in the month preceding month of filing of application about insolvency or bankruptcy makes 500 and more people.
28. The absent debtor - the individual entrepreneur concerning whom in the place of his residence there are no data on the place of its stay, or the legal entity who actually stopped economic (economic) activity, the residence (residence) or the location of the head (governing bodies), the owner of property which founders (participants) it is not possible to establish.
29. The employee representative of the debtor - person authorized by the debtor's workers (including the dismissed persons before whom the debt on salary payment and performing other payments according to the legislation on work is not repaid) to represent their rights and (or) legitimate interests in insolvency proceedings or bankruptcy.
30. The debtor's head - the legal entity - sole executive body of the debtor - the legal entity, the other persons acting according to the legislation and (or) the constituent document of the legal entity on behalf of the debtor - the legal entity without power of attorney.
31. The creditor's head - the legal entity - sole executive body of the creditor - the legal entity, the other persons acting according to the legislation and (or) the constituent document of the legal entity on behalf of the creditor - the legal entity without power of attorney.
32. Sanitation - the procedure applied to the debtor - to the legal entity for the purpose of ensuring its effective economic (economic) activity and recovery of solvency, and also implementation of settlings with his creditors according to the established priority.
33. Agricultural organization - the legal entity whose core activity is cultivation (production or production and conversion) of agricultural products which proceeds from sales constitute at least 50 percent from the total amount of revenue for previous year.
34. Insolvency settlement - set of the measures and procedures applied concerning the legal entity or the individual entrepreneur for the purpose of the prevention of insolvency or bankruptcy, and also concerning the debtor - the legal entity or the debtor - the individual entrepreneur, recognized according to this Law insolvent or bankrupts, for the purpose of ensuring effective economic (economic) activity and recovery of solvency of the debtor - the legal entity, and also implementation of settlings with his creditors according to the established priority (in sanitation) or for the purpose of liquidation of the debtor - the legal entity or the termination of activities of the debtor - the individual entrepreneur, sale of their property and the greatest possible satisfaction of requirements of their creditors according to the established priority (in liquidating production).
1. This Law establishes the bases for recognition of the debtor by court insolvent or the bankrupt, regulates procedure and conditions of carrying out production on insolvency matters or bankruptcy, taking measures to insolvency settlement, including to the prevention of insolvency or bankruptcy, and other relations connected with it.
2. For the purpose of ensuring sovereignty of the Republic of Belarus, its homeland security and territorial integrity, political and economic stability, public order, protection of life and health of the population, and also the rights and freedoms of citizens, succession and interaction of state bodies the President of the Republic of Belarus can establish the bases for suspension of any procedure applied when considering the case about insolvency or bankruptcy to provide withdrawals, including individual legal nature, from the sphere of legal regulation of this Law, and also feature of holding procedures in production for insolvency matters or bankruptcy of certain debtors or categories of debtors.
To subjects of natural monopolies, the legal entities providing functioning of strategically significant industries of economy and (or) other important state requirements, suppliers (contractors, contractors) of the state defensive order the legislation on settlement of insolvency it is not applied, except for Chapter 2 of this Law and other cases established by this Law or the President of the Republic of Belarus.
1. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.
Provisions of this Law are applied to the relations regulated by this Law in which as creditors foreign persons participate if other is not established by the international treaty of the Republic of Belarus.
2. Decisions of the courts of foreign states on insolvency matters or bankruptcy are recognized in the territory of the Republic of Belarus according to international treaties of the Republic of Belarus.
In the absence of the international treaties of the Republic of Belarus concerning insolvency or bankruptcy, court resolutions of foreign states on insolvency matters or bankruptcy are recognized in the territory of the Republic of Belarus on the basis of the principle of reciprocity and other rules of international law operating for the Republic of Belarus.
The responsibility for violation of the legislation on settlement of insolvency is established by legal acts.
1. Insolvency is established based on the statement of the debtor for the insolvency (further - the statement of the debtor for insolvency) in court.
2. Bankruptcy is established based on the statement of the debtor for the bankruptcy (further - the statement of the debtor for bankruptcy) or statements of the creditor or the other persons specified in Items 2-4 of article 7 of this Law for bankruptcy of the debtor (further - the statement of the creditor for bankruptcy) in court.
1. The debtor has rights to giving in court of the statement of the debtor for insolvency.
2. Have rights to giving in court of the statement of the creditor for bankruptcy in connection with non-execution of monetary commitments:
2.1. the creditor (except for not left and not excluded from the list of the debtor - the legal entity for date of giving in court of the statement of the creditor for bankruptcy of founders (participants) of the debtor before whom the debtor bears responsibility according to the obligations connected using conditions of establishment (participation));
2.2. bodies of financial investigations of the State Control Committee;
2.3. other persons who according to this Law are granted such right.
3. Have rights to giving in court of the statement of the creditor for bankruptcy in connection with non-execution of obligation on payment of obligatory payments:
3.1. tax authorities;
3.2. customs authorities;
3.3. bodies of Social Security Fund of the population of the Ministry of Labour and Social Protection;
3.4. other state bodies given according to legal acts the right to pass decisions (instructions, resolutions, orders) about collection (payment) of obligatory payments.
4. The right to giving in court of the statement of the creditor for bankruptcy in connection with non-execution of obligations on salary payment and performing other payments according to the legislation on work the employee representative of the debtor has.
5. The giving obligation in court of the statement of the debtor for bankruptcy is assigned to the debtor in cases, stipulated in Item 3 Articles 8 and Item 2 of article 220 of this Law.
1. The debtor has the right to file a lawsuit the statement of the debtor for insolvency if as of date of filing of application he is not capable to perform one, several or all monetary commitments, obligation on payment of obligatory payments and (or) obligations on salary payment and performing other payments according to the legislation on work which completion date came, at the expense of the money which is available at its order and at the same time are absent the bases for filing of application of the debtor about bankruptcy, stipulated in Item 3 these Articles.
2. The debtor has the right to file a lawsuit the statement of the debtor for bankruptcy if as of date of filing of application the cost of its property is insufficient for calculation in full for all monetary commitments obligatory for payments and obligations on salary payment and performing other payments according to the legislation on work and completion date at least of one of such obligations came.
3. The statement of the debtor for bankruptcy is filed a lawsuit without fail if as of January 1 of the current year the cost of its property is insufficient for calculation in full for all monetary commitments obligatory for payments and obligations on salary payment and performing other payments according to the legislation on work and at the same time there is fact of non-execution of any of such obligations within at least six months from the date of approach of fixed term of its execution. Such statement shall be filed a lawsuit within six months from the date of approach of the specified basis.
4. The debtor is exempted from obligation of filing of application of the debtor about bankruptcy in court on the basis, stipulated in Item to the 5th article 15 of this Law.
5. The state organizations (the organizations from shares of the state) file a lawsuit the statement of the debtor for insolvency or the statement of the debtor for bankruptcy in coordination with state body, in subordination (structure) of which they are or which exercises control of the stocks (shares in authorized fund) of the debtor owned by the Republic of Belarus or its administrative and territorial units.
6. The affiliated unitary enterprises created by the state unitary enterprises file a lawsuit the statement of the debtor for insolvency or the statement of the debtor for bankruptcy in coordination with state body, under supervision (structure) of which the state unitary enterprise - the founder of the affiliated unitary enterprise is.
7. In case of giving nonagreement in court of the statement of the debtor for insolvency or statements of the debtor for bankruptcy of the organization specified in Items 5 and 6 of this Article are exempted from obligation of submission of the corresponding statement.
8. In time, not exceeding five working days from the date of filing of application of the debtor about insolvencies or statements of the debtor for bankruptcy or receipt of the notice of court on filing of application of the creditor about bankruptcy, the debtor shall notify workers on giving in court of the statement of the debtor for insolvency or statements of the debtor for bankruptcy or for receipt of the corresponding notice of court by it.
1. The owner of property of the unitary enterprise declared bankrupt founders (participants) of the legal entity declared bankrupt or other persons, including the head of the legal entity having the right to give instructions, obligatory for this legal entity, or opportunity to otherwise determine its actions, bear solidary subsidiary responsibility according to obligations of such legal entity in case of insufficiency of property at it only if bankruptcy of the legal entity was caused by guilty (intentional) actions of such persons if other is not established by this Law and other legal acts.
2. Claims for attraction to subsidiary responsibility of persons specified in Item 1 of this Article (further - the claim for attraction to subsidiary responsibility), are shown in court after opening of liquidating production in case of detection of insufficiency of property of the debtor for satisfaction of requirements of creditors.
3. Claims for attraction to subsidiary responsibility are made on the amount of unsatisfied requirements of creditors and are considered by court before removal of determination about completion of liquidating production. In case of determination of the amount of unsatisfied requirements of creditors the size of unsatisfied requirements of the creditors included in the register of requirements of creditors, and requirements of the creditors who are subject to satisfaction out of turn is considered. Remuneration to the managing director is not considered in case of determination of the amount of unsatisfied requirements of creditors.
4. In the procedure of liquidating production the anti-recessionary managing director shall call and hold creditor meeting concerning presentation of the claim for attraction to subsidiary responsibility.
5. In case of acceptance by creditor meeting of the decision on presentation to anti-recessionary managing directors of the claim for attraction to subsidiary responsibility the anti-recessionary managing director shall make such claim. In case of acceptance by creditor meeting of the decision on non-presentation by the anti-recessionary managing director of the claim for attraction to subsidiary responsibility or rejection of such decision the anti-recessionary managing director has the right to make the claim for attraction to subsidiary responsibility on own initiative.
6. In case of non-presentation the anti-recessionary managing director of the claim for attraction to subsidiary responsibility any creditor has the right to take a legal action independently with such claim on the amount of its unsatisfied requirements.
7. In case of bankruptcy of the resident Park of high technologies subsidiary responsibility according to obligations of such legal entity cannot be assigned to the owner of its property, his founders (participants) or other persons, including the head having the right to give instructions, obligatory for this legal entity, or opportunity to otherwise determine its actions, except as specified, when bankruptcy of the resident Park of high technologies is caused by the actions of specified persons which entailed attraction them to criminal liability based on the court verdict of the general jurisdiction which took legal effect.
8. In case of bankruptcy of resident of the Chinese-Belarusian industrial park "Great Stone" (further - the industrial park), the joint Belarusian-Chinese company on development of the industrial park (further - the joint company), the legal entities performing activities in the territory of the industrial park, 50 and more percent of shares (share in authorized funds) of which belong to the joint company or the property of which is in property of the joint company, subsidiary responsibility according to their obligations cannot be conferred on the owner of their property, their founders (participants) or other persons, including the head having the right to give instructions, obligatory for these legal entities, or opportunity to otherwise determine their actions.
1. Tax and other state bodies file a lawsuit the statement of the creditor for bankruptcy of the city-forming or equated to them organizations, the state organizations (the organizations from shares of the state) only in case of acceptance by persons specified in Item 1 of article 13 of this Law, decision on inexpediency of taking measures to the prevention of insolvency and bankruptcy or persons specified in Item 2 of article 15 of this Law, decision on inexpediency of carrying out pre-judicial improvement if according to Item 1 of article 15 of this Law concerning the debtor private determination was taken out.
2. The basis for filing of application of the creditor about bankruptcy in the presence of the application fact to the debtor of the forced execution which is not made within six months, and for agricultural organizations - within 12 months, or in case of identification in the course of forced execution of the fact of absence at the debtor of the property sufficient for satisfaction of requirements imposed to it if other is not established by this Law, is one of the following circumstances:
2.1. availability of debt on salary payment and performing other payments according to the legislation on work in the amount of 1500 and more basic sizes;
2.2. availability of debt on obligatory payments in the amount of 100 and more basic sizes and if the debtor is the city-forming or equated to it organization, the state organization (the organization from shares of the state) - in the amount of 3000 and more basic sizes;
2.3. availability of debt on monetary commitments in the amount of 500 and more basic sizes and if the debtor is the city-forming or equated to it organization, the state organization (the organization from shares of the state) - in the amount of 30 000 and more basic sizes.
1. In course of production on the case of insolvency or bankruptcy of the debtor - the legal entity are applied:
1.1. protective period;
1.2. bankruptcy proceedings;
1.3. sanitation;
1.4. liquidating production.
2. In course of production on the case of bankruptcy of the debtor - the individual entrepreneur are applied:
2.1. bankruptcy proceedings;
2.2. liquidating production.
1. Council of Ministers of the Republic of Belarus in the sphere of settlement of insolvency:
1.1. provides carrying out single state policy;
1.2. coordinates activities of state bodies in case of realization of powers in the procedures applied in course of production on the case of insolvency or bankruptcy;
1.3. determines the list of the legal entities providing functioning of strategically significant industries of economy and (or) other important state requirements;
1.4. approves the complex of actions providing realization by state bodies of the powers provided by this Law;
1.5. establishes procedure for certification and recertification of physical persons on compliance to the vocational requirements imposed to the managing director, category of the certificate of the managing director, the requirement for receipt of the certificate of the managing director of the corresponding category, the basis for cancellation of the certificate of the managing director, its cancellation in connection with improper execution managing the obligations determined by this Law;
1.6. establishes the bases, conditions, the size, procedure and payment due date of remuneration to the managing director;
1.7. establishes payment procedure of time payments to physical person for damnification of his life or to health, not connected with labor accident or occupational disease;
1.8. performs other powers according to the Constitution of the Republic of Belarus, this Law, other laws and acts of the President of the Republic of Belarus.
2. State bodies:
provide within the powers realization of state policy in the sphere of settlement of insolvency;
take measures for the prevention of insolvency and bankruptcy of the state organizations (the organizations from shares of the state) which are under supervision (structure) of these state bodies or management of the stocks (shares in authorized fund) of which owned by the Republic of Belarus or its administrative and territorial units perform these state bodies; make the decision on inexpediency of further realization of such measures;
perform coordination of the preliminary plan of sanitation or the preliminary plan of liquidation, the plan of sanitation or the liquidation plan, and also changes and (or) amendments in the plan of sanitation or the liquidation plan of the state organizations (the organizations from shares of the state) which are under supervision (structure) of these state bodies or management of the stocks (shares in authorized fund) of which owned by the Republic of Belarus or its administrative and territorial units perform these state bodies;
perform coordination of filing of application of the debtor about insolvencies or statements of the debtor for bankruptcy in the cases established by Items 5 and 6 of article 8 of this Law;
analyze reports of the debtor managing about property, following the results of bankruptcy proceedings, sanitation or liquidating production of the organization concerning which the corresponding plan is approved;
consider in insolvency matters or bankruptcy of the organizations concerning which the corresponding plan, questions of proper (inadequate) execution by the managing director of the obligations by results of which consideration has the right to declare in court the petition for replacement of the managing director or in state body on insolvency matters and bankruptcy the annulment petition of the certificate of the managing director is approved;
petition for prolongation or completion of sanitation, make offers on prolongation of liquidating production in insolvency matters or bankruptcy of the organizations concerning which the corresponding plan is approved;
bring into court the candidate for the managing director in insolvency proceedings or bankruptcy of the state organizations (the organizations from shares of the state) which are under supervision (structure) of these state bodies or management of the stocks (shares in authorized fund) of which owned by the Republic of Belarus or its administrative and territorial units perform these state bodies;
perform other powers provided by this Law and other acts of the legislation.
In case of management of shares (shares in authorized fund) of the organization from shares of the state at the same time by several state bodies of power, specified in part one of this Item, are performed by state body in which management there is the greatest number of shares (the greatest share in authorized fund) of such organization.
3. Local executive and administrative organs in addition to the powers specified in part one of Item 2 of this Article:
according to the petition of the organizations specified in article 3 of this Law and which are not state (with share of the state), and also the city-forming or equated to them organizations which are not state (with share of the state), approve measures for the prevention of insolvency and bankruptcy, perform monitoring of acceptance of such measures and render assistance in their realization;
according to the decision develop and take measures for the prevention of insolvency and bankruptcy concerning the organizations which are in their territory not being state (from shares of the state) if it is necessary for the benefit of regions and (or) the state; make the decision on inexpediency of further realization of such measures;
perform coordination of the preliminary plan of sanitation or the plan of sanitation, and also changes and (or) amendments in the plan of sanitation of the organizations which are not state (from shares of the state);
make the decision on sale of property at the biddings in the form of tender on the city-forming and equated to them organizations which are in their territory;
bring into court the candidate for the managing director in insolvency proceedings or bankruptcy of the city-forming and equated to them organizations, and also in insolvency proceedings of the organizations which are not state (from shares of the state) concerning which the preliminary plan of sanitation is approved.
Local executive and administrative organs of regional territorial level coordinate activities of local executive and administrative organs of basic and primary territorial levels concerning implementation of the powers provided by this Law by them.
4. For the purpose of implementation of the powers concerning the specific organization the state body has the right to create the commission on insolvency settlement.
5. State body on insolvency matters and bankruptcy in addition to powers, stipulated in Item 2 these Articles:
5.1. provides methodological management of state bodies when implementing of the powers provided by this Law by them;
5.2. participates in development of educational standards, educational and program documentation of educational programs of preparation, retraining and advanced training of managing directors;
5.3. establishes procedure for determination by the managing director of availability (absence) for signs of deliberate bankruptcy, concealment of bankruptcy or preventing to carrying out settling with creditors, and also preparation by the managing director of the reference on these questions;
5.4. carries out certification and recertification of physical persons on compliance to the vocational requirements imposed to the managing director issues the certificate of the managing director, terminates the certificate of the managing director and cancels it;
5.5. exercises control of observance by managing directors of requirements of the legislation on insolvency settlement;
5.6. establishes together with the Ministry of Finance indicators of assessment of risk degree of approach of bankruptcy and procedure for their calculation, criteria for evaluation of risk degree of approach of bankruptcy of legal entities and individual entrepreneurs concerning which according to this Law application of procedures in course of production on the case of bankruptcy is possible;
5.7. establishes together with the Ministry of Taxes and Tax Collection procedure for transfer to tax authorities of requirements for payment of obligatory payments, except for obligatory payments in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus, in insolvency matters or bankruptcy;
5.8. creates lists of the state organizations (the organizations from shares of the state) with indication of bankruptcy approach risk degree;
5.9. establishes form, procedure for creation and representation, and also term of submission of reports of managing directors on the activities to state body on insolvency matters and bankruptcy, analyzes and generalizes information containing in these reports;
5.10. establishes forms and contents of protocols on results of the biddings, of recognition of the biddings cancelled or not carried out, about cancellation of results of the biddings;
5.11. establishes procedure for forming and maintaining the Unified state register of data on bankruptcy (further - the Unified register), the list of the data which are subject to placement in the Unified register on paid and non-paid basis determines the operator by ensuring technical and organizational functioning of the Unified register, establishes payment procedure of services of the specified operator, provides availability of data of the Unified register on the global computer Internet;
5.12. brings into court the candidate for the managing director in insolvency proceedings or bankruptcy in case, stipulated in Item 3 articles 46 of this Law;
5.13. performs other powers provided by this Law and other acts of the legislation.
6. State bodies, other legal entities, individual entrepreneurs, managing directors shall at the request of state body on insolvency matters and bankruptcy gratuitously to submit the documents and other information necessary for implementation by this body of the powers provided by this Law taking into account requirements of the legal acts determining procedure and conditions of submission of documents and other information.
1. The head of the legal entity, the owner of property of the unitary enterprise, founders (participants) of the legal entity, the individual entrepreneur, state bodies, under supervision (structure) of which is the debtor or which exercise control of the stocks (shares in authorized fund) of the debtor owned by the Republic of Belarus or its administrative and territorial units, within the competence shall take measures for the prevention of insolvency and bankruptcy.
2. The period during which measures for the prevention of insolvency and bankruptcy are taken is determined by persons specified in Item 1 of this Article and shall constitute at least three months before filing of application of the debtor about insolvencies or statements of the debtor for bankruptcy.
3. For the purpose of the prevention of insolvency and bankruptcy of person, specified in Item 1 of this Article, according to the legislation can:
3.1. change structure and structure of governing bodies of legal entities;
3.2. take measures for reducing or liquidation of receivables;
3.3. attract investments;
3.4. use the procedures established by the legislation on mediation;
3.5. hold negotiations with creditors on the conclusion of agreements on change of procedure and conditions of obligation fulfillment, and also on discharge by innovation, provision instead of execution of compensation or the different ways established by the civil legislation;
3.6. reorganize legal entities;
3.7. take measures on:
to receipt of the state support provided by legal acts, the state financial support;
to the conclusion of loan agreements, credit agreements according to the procedure, established by the legislation, to repayment of accounts payable at the expense of other sources;
to requirement concession;
to implementation of share issue of additional release at the expense of means of shareholders of joint-stock company;
to the pledge termination, change of conditions of agreements of pledge, including regarding content and ensuring safety of pledged property, use and the order with subject of pledge, replacement of subject of pledge, the translation of debt according to the obligation provided with pledge;
3.8. take other measures which are not contradicting the legislation.
4. The persons specified in Item 1 of this Article, performing activities with use of the state secrets shall provide their necessary protection by consideration of questions of application of measures for the prevention of insolvency and bankruptcy, carrying out pre-judicial improvement.
5. Are applied to the petition for coordination by local executive and administrative organ of measures for the prevention of insolvency and bankruptcy specified in the paragraph the second to part one of Item 3 of article 12 of this Law:
5.1. the list died according to the prevention of insolvency and bankruptcy, accepted by the head of the legal entity, the owner of property of the unitary enterprise, founders (participants) of the legal entity, the documents confirming acceptance of such measures, and also reasons, including economic, to inefficiency of the taken measures. The period of acceptance of these measures is determined by specified persons independently and shall constitute at least three months before submission of the petition;
5.2. the list offered by the head of the legal entity, the owner of property of the unitary enterprise, founders (participants) of the legal entity of measures for the prevention of insolvency and bankruptcy.
6. The parts one of Item 3 of article 12 of this Law developed according to the paragraph third local executive and administrative organ of measure for the prevention of insolvency and bankruptcy are obligatory for realization. From the moment of satisfaction of the petition specified in the paragraph the second to part one of Item 3 of article 12 of this Law and also from the date of the decision making specified in paragraph three of part one of Item 3 of article 12 of this Law, the organizations shall provide any information concerning implementation of economic (economic) activity by them at the request of local executive and administrative organ. The data relating to the secret protected by the law are represented with observance of requirements of the legal acts determining legal regime of such information and procedure for its distribution.
The loans (loans) for implementation of measures for the prevention of insolvency and bankruptcy, carrying out pre-judicial improvement can be granted to debtors, the size of interest for using earlier granted loans (loans) including established in the increased size and penalty fee for non-execution or improper execution of obligations according to credit agreements (loan agreements) is reduced, and also if necessary delay of return of the credits (loans) is granted.
1. If by court it is determined that levied amount of debt will not allow the legal entity to perform further economic (economic) activity, then the court takes out the private determination obliging to carry out pre-judicial improvement to the time established by court.
2. The head of the legal entity, the owner of property of the unitary enterprise, founders (participants) of the legal entity, state body, under supervision (structure) of which is the legal entity or which exercises control of the stocks (shares in authorized fund) of the legal entity owned by the Republic of Belarus or its administrative and territorial units concerning which private determination is taken out, shall in time, established by court, to take measures for carrying out pre-judicial improvement which join in the plan of pre-judicial improvement, or to provide reasoned decision about inexpediency of its carrying out including if concerning person specified in Item 1 of this Article measures for the prevention of insolvency and bankruptcy are already implemented.
3. The decision on taking measures to carrying out pre-judicial improvement is drawn up in writing and includes data on the period of pre-judicial improvement and the plan of pre-judicial improvement.
4. For pre-judicial improvement the measures specified in Item 3 of article 13 of this Law can be taken.
5. For pre-judicial improvement the legal entity is exempted from giving obligation in court of the statement of the debtor for bankruptcy.
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