Executors may not even "prepare" state and municipal accounts

Photo: Archive

For years, the Chamber of Commerce has been seeking to change Article 218 of the Enforcement Law, which makes it impossible to carry out enforcement for collection from the state, municipalities and public enterprises.

For almost 12 years, the "battle" of the Chamber of Commerce of Macedonia has been going on to intervene in the Law on Enforcement, so that companies can collect claims from the Republic of Macedonia, state authorities, public enterprises and municipalities. From SKSM, they pointed out on several occasions that the too broad interpretation allows the Law to apply unequally to the public and private sectors. The President of the Chamber, Branko Azeski, in his last column lists several "anniversaries of their initiatives" to change certain laws, including the Law on Execution.

-Since last year we started celebrating anniversaries, this year we should not celebrate 12 years since the initiative to change Article 218 of the Law on Enforcement - Azeski writes, among other things.

Otherwise, in the first paragraph of this article, it is stated that "Regarding objects and rights of the Republic of Macedonia and its organs, units of local self-government and public enterprises, execution for the collection of monetary claims cannot be carried out, if they are necessary for the performance of their activity , i.e. tasks". The second paragraph of Article 218 further explains that "which items and rights are necessary for the performance of the debtor's activities and tasks will be determined by the president of the court in whose territory the enforcement action is carried out, if during the execution of the enforcement, the parties to that issue do not agreed or otherwise it is indicated as necessary".

- Article 218 actually allows the court to place a ban on the withdrawal of the debtor's funds on the grounds that they are "necessary", which prevents their transfer to the creditor, i.e. settlement of the debt - say the lawyers consulted by "Sloboden Pechat". And, with this kind of limitation, companies are practically unable to collect their claims, despite an executive court ruling for that.

Currently, the companies are obliged to settle all their debts, and on the other hand, although they have the legal possibility, they cannot collect their claims from the institutions. And if once everyone fought to work with the state, now companies reluctantly undertake to do something for them, because they are not sure when they will get the money. Some previous research showed that the state's debts to private companies reached over 500 million euros.

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