В Регистр пришли концессии



Утвержденные вчера Комитетом Кабинета министров изменения в Законе о регистре предприятий ЛР повергли, по словам пресс-секретаря Регистра предприятий (РП) Майи Целмини, руководство РП в состояние шока. Дело в том, что изменения "повесили" на регистр еще одну функцию - регистрацию концессий. И все бы ничего, если бы не традиционное отсутствие финансирования и абсолютно немотивированная спешка.

Концессия - это долгосрочная аренда имущества государства и самоуправлений какой-либо частной структурой с условием, что в этот объект будут вкладываться инвестиции.

В разработке изменений принимали участие представители трех министерств: экономики, финансов и юстиции, а также самого РП. Суть изменений сводится к тому, что в будущем в журнале РП надо будет указывать следующие данные концессионного договора, а именно: название концессии, срок, сумму, правовой объем, номер и дату решения Кабинета министров (КМ) о присвоении концессии, название учреждения, заключившего договор, а также название самого концессионера с юридическим адресом, зарегистрированным в РП. Таким образом, что регистрировать - ясно. Однако, по словам г-жи Целмини, особых правил о порядке регистрации, принятых Кабинетом министров, на сегодняшний день не существует.

Авторы законопроекта, принимая изменения, руководствовались прежде всего интересами самого Латвийского государства. У такого рода сделок появится законодательная база. А как следствие - увеличится приток инвестиций.

Странно только, что такое всеобщее благо не понимают в самом РП. По словам заместителя начальника юридического отдела Яниса Нейманиса, РП - это не регистр регистров, а регистр именно предприятий. В его функции входит регистрация самих предприятий и всего того, что с ними происходит. Будь то изменения в уставе, годовые отчеты и даже коммерческие залоги.

Изменения в Законе о регистре предприятий ЛР сегодня должны быть утверждены КМ, а затем вернувшимся с каникул парламентом. Стоит заметить, что такая поспешность рассмотрения столь важного законодательного акта (в порядке ст. 81 Сатверсме) кажется несколько странной. Если концессионные сделки не регистрировались до сих пор, что может случиться, если с решением подождать, скажем, несколько недель. И другой немаловажный момент. К примеру, в Германии, опытом которой, кстати, руководствуется РП, регистрацией концессий занимаются независимые судебные инстанции. Такая же практика существует, к слову сказать, и в Эстонии. Что предлагается сейчас? Владельцем инвестиционной компании запросто может оказаться должностное лицо, которое способно, по сути, создавать законы, выгодные только ему. Поэтому, по мнению некоторых специалистов, в связи с нововведениями вполне вероятно возникновение различных политических игр.

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