of July 9, 2002 No. 83-FZ
About financial improvement of agricultural producers
Accepted by the State Duma on June 20, 2002
Approved by the Federation Council on June 26, 2002
This Federal Law establishes the legal basis and conditions of debt restructuring of agricultural producers for the purpose of improvement of their financial condition before application of insolvency proceedings.
For the purpose of this Federal Law the following basic concepts are used:
debt restructuring - the termination of debt obligations based on the agreement by replacement of the specified obligations with other debt obligations providing other terms of service and repayments of obligations;
agricultural producers - the organizations, peasant farms and the individual entrepreneurs recognized as those according to article 3 of the Federal Law of December 29, 2006 N264-FZ "About Development of Agricultural Industry";
the program of financial improvement of agricultural producers (further - the program) - package of measures, the uniform conditions of carrying out debt restructuring directed to development by all creditors for the purpose of improvement of financial condition of agricultural producers;
the debtor - the agricultural producer having debts;
debt - the overdue, delayed or spread debt of agricultural producer on payments in budgets of all levels, and also for goods delivered it (the performed works, the rendered services);
creditors - the Russian Federation having authority to collect debt from agricultural producers, subjects of the Russian Federation, state non-budgetary funds, local government bodies, legal entities and physical persons;
agent bank - the bank approved by the Government of the Russian Federation for accomplishment of settlement functions and control of timely execution by the debtor of agreement obligations about debt restructuring;
the agreement on debt restructuring - the agreement between creditors and the debtor establishing procedure and conditions of carrying out debt restructuring;
requirements to the participant of the program - the requirements to the debtor developed by the federal commission and approved by the Government of the Russian Federation, compliance of the debtor which grants to it the participation right in the program;
method of calculation of indicators of financial condition dolzhnikarazrabotanny the federal commission and the methodical instructions for measure calculation of financial condition of the debtor, the debt restructuring conditions considered in case of determination approved by the authorized Government of the Russian Federation federal executive body;
basic conditions of debt restructuring - the debt restructuring options developed by the federal commission and approved by the Government of the Russian Federation offered depending on the indicators of financial condition of the debtor calculated according to method of calculation of the specified indicators;
the federal commission - the interdepartmental commission created for the solution of the questions connected with financial improvement of agricultural producers, according to the procedure, provided by this Federal Law;
the territorial commissions - the interdepartmental commissions created in subjects of the Russian Federation for the solution of the questions connected with financial improvement of agricultural producers, according to the procedure, provided by this Federal Law;
the participant of the program - agricultural producer with whom the agreement on debt restructuring and the agreement on write-off of the amounts of penalty fee and penalties are signed.
Debt restructuring of agricultural producers is carried out on the basis of the following principles:
voluntariness and fairness;
providing uniform conditions for its carrying out;
momentariness of participation in the program, except as specified, stipulated in Clause the 7th this Federal Law.
The principle of voluntariness and fairness means what in the program has the right to participate any agricultural producer meeting the requirements of this Federal Law. Nobody can force the debtor to participation in the program against its will.
When carrying out debt restructuring uniform conditions of debt restructuring of agricultural producers before creditors are provided.
Recommend to legislative and executive bodies of subjects of the Russian Federation to carry out debt restructuring of the agricultural producers included in the list of participants of the program before budgets of subjects of the Russian Federation according to this Federal Law.
The principle of confidentiality means that creditors have no right without the consent of agricultural producer to disclose its commercial and tax secrets.
1. The principle of momentariness of participation in the program means that the agricultural producer has the right to debt restructuring only once, except as specified, of stipulated in Item 2 these Articles.
2. The agricultural producer can take part the second time in the program in one of the following cases:
accomplishment in full conditions of earlier signed agreements on debt restructuring;
the decrease in production volume caused by loss (death) more than 25 percent of the actual harvest in comparison with the planned harvest of the crops on all land area occupied with crops or landings of long-term plantings, loss (death) of farm animals as a result of emergency situation and (or) its consequences, the stipulated in Clause 8 Federal Laws of July 25, 2011 No. 260-FZ "About the state support in the sphere of agricultural insurance and about introduction of amendments to the Federal law "About Development of Agricultural Industry" and also loss (death), withdrawal more than 15 percent of animals, including birds, during taking measures to liquidation of the centers of especially dangerous diseases of animals, including birds, to comparison with the average level of production volume of agricultural products for the previous three years, in case of accomplishment in full conditions of earlier signed agreements on debt restructuring;
the case established by the presidential decree of other Russian Federation.
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