REDUCING ACCOUNTS RECEIVABLE
Taking measures to reduce the level of accounts receivable is a direct responsibility of the heads of economic entities.
Failure to take comprehensive measures for its liquidation is regarded as improper performance by managers of their official duties to preserve the property entrusted to them and entails disciplinary and material liability, including by collecting uncollectible debt from the manager who failed to take comprehensive measures for its timely collection.
In case debtors fail to take measures to fulfill their obligations to pay for goods (works, services) after claim work has been carried out, economic entities have the right to apply to the district prosecutor's office with petitions for filing applications in their interests for initiating writ proceedings and/or statements of claim in the economic court, with the attachment of relevant materials confirming the existence of contractual obligations and their non-fulfillment.
Thus, in 2019 and the expired period of 2020, the district prosecutor's office sent 3 applications to economic courts for initiating writ proceedings for a total amount of 13,007 rubles, which were satisfied.
In addition, as of August 10, 2015, amendments to Decree of the President of the Republic of Belarus No. 366 of August 11, 2011 "On Certain Issues of Notarial Activities" (hereinafter - the Decree) came into force.
In particular, the list of cases where notaries, in compliance with the procedure and conditions provided for by legislative acts, make enforcement endorsements for collection has been significantly expanded.
Thus, notaries make enforcement endorsements for collection, including:
- debts under movable property lease agreements, provided that the rent is determined as a fixed amount of payments made periodically or in a lump sum, for communication services, penalties (fines, forfeits) in connection with such debt, if its payment is provided for by law or contract;
- for claims of legal entities (individual entrepreneurs) for debts under sales, supply, contract, transportation, paid services, storage agreements, penalties (fines, forfeits) in connection with such debt, if its payment is provided for by law or contract, acknowledged by the debtor in writing.
According to the rules of paragraph 2 of the Decree, claims for the collection of monetary amounts (debts) are not subject to consideration in courts in writ proceedings. The collection of monetary amounts (debts) in such cases is carried out by making an enforcement endorsement, which is an enforcement document and is subject to execution in the manner established by law.
Deputy District Prosecutor
1st Class Lawyer V.V. Doylidov
Failure to take comprehensive measures for its liquidation is regarded as improper performance by managers of their official duties to preserve the property entrusted to them and entails disciplinary and material liability, including by collecting uncollectible debt from the manager who failed to take comprehensive measures for its timely collection.
In case debtors fail to take measures to fulfill their obligations to pay for goods (works, services) after claim work has been carried out, economic entities have the right to apply to the district prosecutor's office with petitions for filing applications in their interests for initiating writ proceedings and/or statements of claim in the economic court, with the attachment of relevant materials confirming the existence of contractual obligations and their non-fulfillment.
Thus, in 2019 and the expired period of 2020, the district prosecutor's office sent 3 applications to economic courts for initiating writ proceedings for a total amount of 13,007 rubles, which were satisfied.
In addition, as of August 10, 2015, amendments to Decree of the President of the Republic of Belarus No. 366 of August 11, 2011 "On Certain Issues of Notarial Activities" (hereinafter - the Decree) came into force.
In particular, the list of cases where notaries, in compliance with the procedure and conditions provided for by legislative acts, make enforcement endorsements for collection has been significantly expanded.
Thus, notaries make enforcement endorsements for collection, including:
- debts under movable property lease agreements, provided that the rent is determined as a fixed amount of payments made periodically or in a lump sum, for communication services, penalties (fines, forfeits) in connection with such debt, if its payment is provided for by law or contract;
- for claims of legal entities (individual entrepreneurs) for debts under sales, supply, contract, transportation, paid services, storage agreements, penalties (fines, forfeits) in connection with such debt, if its payment is provided for by law or contract, acknowledged by the debtor in writing.
According to the rules of paragraph 2 of the Decree, claims for the collection of monetary amounts (debts) are not subject to consideration in courts in writ proceedings. The collection of monetary amounts (debts) in such cases is carried out by making an enforcement endorsement, which is an enforcement document and is subject to execution in the manner established by law.
Deputy District Prosecutor
1st Class Lawyer V.V. Doylidov