Bìznes Inform (Mar 2014)
Safety of Municipal Loan in Ukraine
Abstract
The goal of the article is justification of the necessity of legal regulation of actions of the bodies of local self-government when detecting signs of insolvency. Each stage of municipal loans management is analysed from the point of view of availability of legal rules, which do not allow making municipal loans by territorial communities of the cities with weak financial state or regulate sequence of actions of municipalities in default times. The following results were obtained: majority of legal restrictions in the sphere of local finance management are directed at prevention of ungrounded loans or have the form of sanctions, applied to local bodies, which perform their debt obligations with delay; the state formally controls the process of making municipal loans, avoiding financial responsibility; the national legislation does not contain the mechanism of regulation of actions of territorial communities, which experience difficulties when performing debt obligations. The article proves expediency of adoption of a uniform regulatory-legal act in Ukraine, which would regulate all economic relations connected with making municipal loans. This legal document shall contain a section about actions of the municipality-debtor when signs of default start to appear, announcement of default and declaration of the debtor insolvent (bankrupt). The article recommends the following structure of this section: regulation of the procedure of default announcement avoidance; announcement of default with the pre-trial restoration of the debtor’s solvency; and announcement of default with declaring the debtor bankrupt juridically.
