Экономические науки/10. Экономика предприятия
Usanov A.Yu.
Department of Economic Analysis, FGOBU
VO
"Financial University under the Government of the Russian Federation».
Normative documents related to the analysis of the bankruptcy of the
enterprise
Bankruptcy - recognized by the
arbitral tribunal debtor's inability to fully satisfy the claims of creditors
on monetary obligations and (or) to fulfill the obligation to make compulsory
payments (Art. 2 of the Federal Law "On Insolvency").
A legal entity is considered
to be unable to satisfy the claims of creditors on monetary obligations and
mandatory payments if the relevant commitments have not been fulfilled it
within 3 months from the date when they should have been fulfilled (Art. 3 of
the Federal Law "On Insolvency"). And together, these requirements
should not be less than 100 thousand. Rubles (v. 6).
One of the most important
stages of the financial analysis of the company is to identify the signs of a
potential bankruptcy. And now there are various formal methods, as well as
multivariate discriminant model of financial analysis developed by foreign and
domestic experts. In all countries, the bankruptcy process is regulated by
special laws and governmental regulations. In the Russian Federation, the main
instruments are the following.
The federal law "On
Insolvency (Bankruptcy)" dated October 26, 2002 № 127-FZ (passed by the
State Duma of the Russian Federation September 27, 2002, as amended by the
Federal laws of July 19, 2007 № 139-FZ of November 23, 2007, № 270-FZ, dated
December 1, 2007 № 317-FZ). Sets the base for the recognition of the debtor
insolvent (bankrupt), regulates the conditions of the measures to prevent the
insolvency (bankruptcy) procedure and conditions of the bankruptcy procedures
and other matters arising in the debtor's inability to satisfy in full the
claims of creditors. The law applies to all legal entities, except for
state-owned enterprises, institutions, political parties and religious
organizations. Bankruptcy law has recently taken three times. The law, passed
in 1992, was distinguished by a complicated bankruptcy and actually did not
work, so inefficient and loss-making organizations continued to exist at the
expense of creditors. Federal law dated January 8, 1998 № 6-FZ "On
Insolvency (Bankruptcy)" fundamentally different from the law of 1992 that
the start of bankruptcy procedure was greatly simplified. As a result, it
became possible to bankrupt almost any, even very successful organization. This
began to actively use unscrupulous competitors and other interested parties.
They could start the procedure of bankruptcy organization negligible amounts
and bring it to the end. he bankruptcy procedure can not be stopped, even if
the debtor was ready to repay its debt. As a result, the owners changed debtor
companies were sold for a pittance expensive equipment and real estate, to stop
production, etc. Law number 6-FL is expressed primarily the interests of
creditors. He did not perform the essential functions of the bankruptcy law -
the coordination of interests of creditors, debtors and owners. In fact, often
it is a tool for redistribution sob of liability and unfair fight against
competitors. The third version of the bankruptcy law № 127-FZ has a number of
fundamental differences from the law number 6 of the Federal Law.
Yet one of the first Russian
Documents associated with the analysis of the probability of bankruptcy for
further financial improvement was the RF Government Resolution dated May 20,
1994 № 498 "On some measures for the implementation of the legislation on
insolvency (bankruptcy) of enterprises". This Regulation contained a
system of indicators for identifying unsatisfactory balance sheet structure of
the enterprise. The system of financial indicators include indicators for
assessing the current liquidity of the enterprise, security of the enterprise's
own working capital, as well as indicators of the ability of the company to
restore its own solvency.
At present, the official
method of identifying a potential bankruptcy are the rules of the arbitration
manager of financial analysis, approved by the RF Government Decree of June 25,
2003 № 367 "On approval of the rules of the arbitration manager of
financial analysis." Within the framework of this Regulation arbitration
managers assess the financial condition of the company for the following
purposes:
firstly, to prepare a proposal
on the possibility (or impossibility) to restore the solvency of the debtor and
justify the appropriateness of the debtor of the procedure of bankruptcy;
secondly, to determine the
possibility of covering the expense of the debtor's property costs and
expenses;
and third, to prepare a plan
of external management;
fourthly, to prepare for the
invitation to the court to terminate the financial recovery procedure (external
control) and the transition to bankruptcy proceedings;
Fifth, for the preparation of
the invitation to the court to terminate the bankruptcy proceedings, and the
transition to external management.
In accordance with Rules 367
installed number of criteria (factors) that determine the financial condition
of the debtor
In addition, the Regulations
contain specific requirements for the content analysis of economic, investment
and financial activity of the debtor, as well as its position in the commodity
and other markets;
The Regulations contain
requirements for the content analysis of assets and liabilities of the debtor,
as well as requirements to the content of the analysis of break-even activity
of the debtor.
Ministry of Economic
Development in the Order of April 21, 2006 № 104 approved the procedure of the
Federal Tax Service of accounting and analysis of financial condition and
solvency of strategic enterprises and organizations. According to this
technique, the analysis of the solvency and the identification of potential
bankruptcy of strategic enterprises and organizations.
In addition, the current
official record in the identification of potential bankruptcy is the order of
the Ministry of Economic Development of the Russian Federation on April 18,
2011 № 175, The Order approves the procedure of analyzing the financial
condition of the person concerned in order to establish the threat of signs of
insolvency (bankruptcy) in the event of a one-time payment of this tax entity.
Federal Law "On financial
recovery, agri-agricultural producers" of July 9, 2002 № 83-FZ (passed by
the State Duma on June 20, 2002, as amended by the Federal Law of June 29, 2004
№ 58-FZ, dated May 13, 2008 № 67-FZ) establishes the legal framework and
conditions of debt restructuring of agricultural producers in order to improve
their financial condition to the application of the procedures of bankruptcy.
Federal Law "On
peculiarities of insolvency (bankruptcy) of subjects of natural monopolies Fuel
and Energy Complex" of June 24, 1999 № 122-FZ (as amended by Federal Law
of July 18, 2005 № 88-FZ, dated November 8, 2007 № 258-FZ) establishes
particular recognition of insolvent (bankrupt) of natural monopolies fuel and
energy sector, the main activity is carried out in the areas of transportation
of oil and oil products through pipelines transporting gas through pipelines,
services for the transmission of electricity and heat, and carrying out
procedures for their bankruptcy. The law is also applied in the recognition of
insolvent (bankrupt) and bankruptcy proceedings organizations of the fuel and
energy sector, the main activities are related to the production of
electricity, heat, natural gas and who have the right of ownership or other
rights on the basis of the property, referred to the list of species property,
part of a single manufacturing complex.
As in the Russian Federation,
the main instruments are the following:
The Civil Code of the Russian
Federation, the Federal Law of November 30, 1994 № 51-FZ (passed by the State
Duma of the Russian Federation November 21, 1994, as amended by the Federal Law
of 24 Schall, 2008 № 161-FZ).
Part I of the Code defines the
legal status of participants in civil commerce, grounds and order of occurrence
of the right of ownership and other property rights, exclusive rights to
results of intellectual activity (intellectual property), regulates the
contractual and other obligations, as well as other proprietary and related
personal non-property relations based on equality, autonomy of will and
property independence of their participants. Participants regulated by civil
law relations are citizens and legal entities. The relations regulated by civil
legislation may be involved as the Russian Federation, Russian Federation subjects
and municipalities.
Arbitration Procedure Code of
the Russian Federation of July 24, 2002 № 95-FZ (passed by the State Duma of
the Russian Federation June 14, 2002, edition of July 22, 2008). Chapter 15 of
the Code defines conciliation and open the form, content and procedure for
approval of the settlement agreement by the arbitral tribunal. Chapter 28 of
the Code establishes the procedure for consideration of cases on insolvency
(bankruptcy) court of arbitration.
The Criminal Code of the
Russian Federation dated June 13, 1996, № 63-FZ (passed by the State Duma of
the Russian Federation May 24, 1996, edition of July 22, 2008). The Code
contains provisions providing criminal legal protection of relations in the
sphere of bankruptcy. For example, in section VIII of the Code "economic
crimes" Chapter 22 "Crimes in the sphere of economic activity"
defined the actions of officials of the debtor, which fall under the corpus
delicti, stipulated by the relevant articles of the Criminal Code. These rules
are contained in Art. 195 "misconduct in bankruptcy," Art. 196
"Deliberate bankruptcy," Art. 197 "Fictitious bankruptcy."
Code of Administrative
Offences of the Russian Federation (the Administrative Code) of December 30,
2001 № 195-FZ (passed by the State Duma of the Russian Federation December 20,
2001, edition dated November 8, 2008). Article 14.12 Code defines the term
"intentional or fraudulent bankruptcy" and sets the size of the
administrative penalty on officials in establishing evidence of intentional or
fictitious bankruptcy. Section 14.13 defines the size of the administrative
penalties for misconduct in bankruptcy.
Список использованной литературы
2.
Комплексный
экономический анализ хозяйственной деятельности. Ионова Ю.Г., Усанов А.Ю., Фефелова Н.П. учебно-методическое
пособие для бакалавров направления подготовки 080100.62 Экономика / Москва,
2013.