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Vremya MN, January 24, 2003

Bankruptcy in YABLOKO’s Variant

By Oksana Karpova

YABLOKO’s deputies are fighting against corruption. Russian parliament members propose liquidating one of the "bureaucrats’ pork barrel troughs - the Federal Service for Financial Rehabilitation and Bankruptcy (FSFRB).

This is not the first time that YABLOKO members have submitted such a proposal. Yabloko’s deputies tried to defend their intentions when the new version of the law "On Insolvency (Bankruptcy)" was adopted by the State Duma in October 2002. However, the Duma Property Committee responsible for this document did not support the idea of liquidating the FSFRB. Instead Article 2 of the law firmly fixed regulatory functions in insolvency matters with this structure. Consequently, now any legal proceedings connected with the restructuring or liquidation of enterprises cannot be implemented without representatives of the FSFRB. In addition when the issue of electing a new manager of a company is raised, it cannot proceed without the direct involvement of the FSFRB. Finally, says YABLOKO, as well as being in dire financial straits entrepreneurs have to be led by the FSFRB.

Therefore deputy of the Duma Igor Artemyev insists that the bankruptcy issues have to be resolved without direct state participation and only under control of the judicial authorities within the framework of civil law. The tax authorities can be used to obtain the mandatory payments from entrepreneurs, comments Artemyev, as is the case in some foreign countries where the state also controls bankruptcy issues. "Then there will be less corruption, and life will be easier for entrepreneurs," says Artemyev.

YABLOKO also supposes that representatives from other state structures may not remain indifferent to the "temptations" connected with their official functions. However, Artemyev thinks that "their functions are defined more clearly unlike those of the FSFRB." This means that they should not hold direct interests in enterprises’ bankruptcies.

YABLOKO’s deputies also employ another argument connected with administrative reform. To make it possible for FSFRB representatives to participate in every legal proceeding on insolvency the regional network of the FSFRB should be increased many times. "Surely it would be better to allocate these funds to social reforms?" asks Artemyev.

The State Duma may well examine in February the issue of liquidating FSFRB. But it is obvious that YABLOKO’s deputies will have to overcome powerful resistance, as the government is unlikely to find new jobs for numerous colleagues and leave the "institute of managers" (for bankruptcy issues) unattended.

See also:

YABLOKO Against Corruption

Vremya MN, January 24, 2003

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