scholarly journals RESTRUCTURING FARM-RUNNING ENTITIES – LEGAL ASPECTS

2020 ◽  
Vol XXII (1) ◽  
pp. 224-231
Author(s):  
Adam Majchrzak
Keyword(s):  
Legal Aspects ◽  
State Aid ◽  
The State ◽  
Point Of View ◽  
Agricultural Activity ◽  
Debt Restructuring ◽  
Agricultural Enterprises ◽  
Remedial Actions ◽  
Polish Law ◽  
The Eu

The Act of 9 November 2018 on debt restructuring for farm-running entities introduced, into Polish law, certain instruments aimed at improving the financial liquidity of agricultural enterprises, which are insolvent or threatened with insolvency, and ultimately, enhancing their competitiveness in the EU market. These instruments consist of providing state aid in the form of subsidies to the interest of restructuring loans or loans for financing the repayment of debt arising in connection with conducting agricultural activity, as well as in the National Support Centre for Agriculture (KOWR) providing state aid in the form of guarantees securing the repayment of the restructuring loan, and in KOWR taking over a farm-running entity’s debt arising in connection with conducting agricultural activity in exchange for the transfer of ownership of their property to the State Treasury. The solutions enacted function in parallel to the possibility of making an arrangement with creditors and effecting remedial actions based on the provisions of Restructuring Law. The aim of the article is to evaluate the enacted regulations from the point of view of their consistency with the provisions of Restructuring Law, their compliance with the principles and objectives presented in the justification of the bill, and the expected results. Interpretation of intent and systemic interpretation of legal acts was used, with the application of historical and logical methods. Following the analysis carried out, it was concluded that with the regulations currently in force, the objectives of the act assumed by the legislator and the anticipated results will not be achieved in full.

scholarly journals Cycle-oriented approach to building a model of production costs

2020 ◽  
Vol 17 ◽  
pp. 00124
Author(s):  
Elena P. Polikarpova ◽  
Igor E. Mizikovskiy
Keyword(s):  
Cost Management ◽  
Modern Science ◽  
Management Control ◽  
Point Of View ◽  
Production Costs ◽  
Production Cycle ◽  
Agricultural Activity ◽  
Management Tools ◽  
Agricultural Enterprises ◽  
Oriented Approach

Modern science and practice does not have a sufficient set of cost management tools, taking into account the duration of the production cycle, characteristic of agricultural activity. The implementation of a cycle-oriented approach to building a model of production costs was based on studying the existing options for classifying production costs, which were supplemented with features from the perspective of managing long production cycles. As a result of the study, a model of production costs was built from the point of view of a cycle-oriented approach, as well as a model of production costs from the standpoint of features of a long production cycle. The model can serve as the basis for the formation of the information space of cost management, control and cost analysis in the economy of agricultural enterprises.

scholarly journals POTENTIAL AND DIRECTIONS OF DEVELOPMENT OF THE AGRICULTURAL SECTOR OF UKRAINE IN THE CONDITIONS OF THE COVID-19 PANDEMIC: CURRENT SITUATION, CHALLENGES AND PROSPECTS

2021 ◽  
Author(s):  
Olha Shulha ◽  
Keyword(s):  
National Economy ◽  
Agricultural Policy ◽  
Agricultural Sector ◽  
Current Situation ◽  
The State ◽  
Agricultural Products ◽  
Purchasing Power ◽  
Food Markets ◽  
Agricultural Enterprises ◽  
The Eu

The state and contradictions of the development of the agricultural sector of the national economy are investigated. Challenges at the micro-, macro- and global levels for the agricultural sector in the context of the COVID-19 pandemic have been identified. It is noted that the main problems for the domestic agricultural sector in a pandemic were: reducing the purchasing power of the population, limiting the functioning of agri-food markets during quarantine, complicating the logistics of agricultural products. It is established that changes in the markets of countries that are major importers of agricultural products from Ukraine (China, India, the EU, Turkey, Egypt) in a pandemic will have the greatest impact on the development of Ukraine’s agricultural sector. It is concluded that among all sectors of the national economy, agriculture is the least affected by quarantine restrictions. It is shown that small and medium-sized farms suffer the greatest losses in a pandemic. The tasks facing agricultural enterprises and the state in the conditions of a pandemic are determined. The strategic directions of agricultural policy in Ukraine are indicated.

scholarly journals Catch 22: The Privatization of Danish TV 2 vs. EU Rules of State Aid

2006 ◽  
Vol 22 (40) ◽  
pp. 9
Author(s):  
Frands Mortensen
Keyword(s):  
Historical Development ◽  
Equity Capital ◽  
State Aid ◽  
The State ◽  
The Public ◽  
Sales Process ◽  
Public Broadcaster ◽  
The Will ◽  
Catch 22 ◽  
The Eu

Since 2001, the Danish government has wanted to privatize the public broadcaster TV 2; however, the sales process has been halted. Ap- parently the EU rules on competition block for the will of the majority in the Danish parliament. The presentation explains this paradox by de- scribing the historical development of two processes: the attempt to the privatize TV 2 and the state aid cases against TV 2, which were opened by the Commission and now pending at the Court of First In- stance. The conclusion finds no inconsistency between the govern- ment's wish and the rules on State aid, but TV 2 has unlawfully trans- ferred funding for programming to equity capital, and the Commissi- ons has misinterpreted the conditions for using Article 86(2) in the Treaty in the evaluation of the recapitalization of TV 2. These two processes now obstruct each other.

scholarly journals Pomoc publiczna na szkolenia pracowników a konkurencyjność gospodarki Unii Europejskiej

2017 ◽  
pp. 159-173
Author(s):  
Piotr Podsiadło
Keyword(s):  
State Aid ◽  
Point Of View ◽  
Gdp Per Capita ◽  
The European Union ◽  
Skilled Workers ◽  
Member States ◽  
Eu Member States ◽  
Positive Externalities ◽  
Per Capita ◽  
The Eu

The paper discusses guidelines for implementation of art. 107-109 of the Treaty on the Functioning of the European Union, from the point of view of state aid for training. Training usually generates positive externalities for society as a whole, since it increases the pool of skilled workers from which other firms may draw, improves the competitiveness of the EU industry and plays an important role in the EU employment strategy. Statistical analysis was carried out on state aid granted by the EU Member States in the period 2001-2014 - from the perspective of its impact on competitiveness of these countries. This should lead to verification of thesis that the amount of state aid granted by the EU Member States for training, should positively correlate with the size of the GDP per capita of these countries

scholarly journals In vitro food production from animal cell cultures as a meat alternative (selected legal aspects)

2020 ◽  
pp. 153-166
Author(s):  
Katarzyna Leśkiewicz
Keyword(s):  
Animal Cell ◽  
Meat Products ◽  
Legal Aspects ◽  
Point Of View ◽  
Animal Cells ◽  
In Vitro Method ◽  
Animal Cell Cultures ◽  
Legal Concepts ◽  
The Eu

From a legal point of view, there may be doubts as to the legal qualification of food obtained in vitro from animal cells. An opinion is expressed in the article that meat from animal cells obtained using the in vitro method does not fall within the classical legal concepts of meat or agricultural production. However, meat products from cells produced by the in vitro method may satisfy the criteria established for novel food. If this is considered to be the correct way of qualification, then they should be subject to the EU market authorisation procedure regulated in Regulation 2015/2283, and a subsequent assessment of their safety. From a legal, economic and social point of view, it is reasonable to produce food using atypical methods if these methods are capable of ensuring food safety.

scholarly journals BIOLOGICAL ASSETS IN ACCOUNTING: PROBLEMATIC ASPECTS

2019 ◽  
pp. 112-121
Author(s):  
Olena KOVAL
Keyword(s):  
Genetically Modified Organisms ◽  
Genetically Modified ◽  
Financial Statements ◽  
Environmental Safety ◽  
The State ◽  
Agricultural Products ◽  
Agricultural Activity ◽  
State Support ◽  
Agricultural Enterprises

The issues of accounting and information provision of management, state and social control over biological assets with genetically modified forms are considered. The method of constructing a separate account of the availability of genetically modified biological assets (GMBA) and operations on their transformations has been developed, ways of improving the quality of the P (S) "Biological Assets" and IAS 41 "Agriculture" have been identified, which lies in the rethinking of the role of agricultural activity for social and environmental and environmental factors of human development. The analysis of accounting standards has shown that in the content of P (S) "Biological Assets" and IAS 41 "Agriculture" there is no information on the procedure for the accounting and control of biological assets and agricultural products from GMOs. In connection with this, it is necessary to find an integrated approach to building a system of accounting for biological assets with genetically modified organisms, in view of increasing public requests for accounting information in the context of sustainable development. Since GMOs are the assets of all agricultural enterprises in the form of biological assets and agricultural products, for the "transparent" accounting of the enterprise it is necessary to reflect them as separate objects of accounting. Mandatory allocation of relevant analytical accounts leads to the introduction of additional articles on genetically modified biological assets in the accounting registers of accounting and statistical reporting. The accounting of biological assets with genetically modified organisms should ensure that accurate information is obtained about the quality and quantity of these assets, and the basis for their reliable assessment. More responsibly should be placed on the disclosure of information on genetically modified biological assets in the Notes to the Financial Statements. We suggest that the accumulated information on biological assets from GMOs be reflected in a separate section in section 16 entitled "Financial Results from Primary Acceptance and Marketing of Agricultural Products from GMOs and Additional Biological Assets with GMOs". The introduction of a separate section in the notes on genetically modified assets will allow obtaining the necessary operational information on these assets for management needs and for the state as a whole. Information on the biological assets of the enterprise and their biological transformations, as well as agricultural products, are reflected in the Form 50-s. "Basic economic indicators of agricultural enterprises". We consider it expedient to supplement it with another section, which will reflect the information on the composition of production and marketing of agricultural products from GMOs. The financial statements of agricultural enterprises require changes in the reflection of the reassessment of biological assets and information on the production and sale of genetically modified assets. Information on GMO biological assets is currently absent from P (S) "Biological Assets" and IAS 41, although it is significant both at the enterprise level and on the basis of the country as a whole. Therefore, we consider it expedient to supplement the contents of the provisions with the section "Environmental safety", which will specify the method of constructing a separate accounting for biological assets with GMOs. Solving the problems of accurately displaying information in accounting and reporting regarding genetically modified biological assets and their biological transformations requires the adoption of new, regulatory and legal decisions by the state. Taking into account the harmonization of Ukraine's legislation with the EU, this statement is quite logical. In this regard, we propose the standard of accounting for agricultural activities to be supplemented with the section "State support", which, in addition to the norms reflected in IAS 41, found a place and provisions to stimulate the production of biological assets and agricultural products without genetically modified organisms.From the above, we believe that at the state level, companies should be required to account for biological assets and agricultural products from GMOs in accounting and reporting. The real steps in this regard are to create, with the help of economic incentives (taxes, loans, privileges, etc.), state support to companies that provide true information on the availability of biological assets from GMOs, the quantity of GM products grown and markets for its sales. Consequently, taking into account the advantages and disadvantages of a new accounting of agricultural activity, having identified the problems of its application in practice, we propose to finalize P (S) 30 "Biological Assets". The revised standard will facilitate more realistic accounting in agriculture and achievement of higher end results of activities in order to ensure the management of reliable and truthful information about the results of activities. Improvement of P (S) 30 "Biological Assets" lies in the rethinking of the role of agricultural activity for social and environmental and environmental factors of human development. The issue of "State support" and "Environmental safety" require separate disclosure in agricultural sectoral standards. The world standardization of accounting and reporting of the production of genetically modified products is also very important

Value and Structure of Public Aid in Poland Against the European Union Background During the Years 2007-2012

2014 ◽  
Vol 9 (1) ◽  
pp. 17-29
Author(s):  
Roman Kisiel ◽  
Małgorzata Kamińska ◽  
Wiesława Lizińska
Keyword(s):  
European Union ◽  
European Commission ◽  
Consumer Protection ◽  
State Aid ◽  
The State ◽  
The European Union ◽  
The Public ◽  
Public Aid ◽  
Increasing Trends ◽  
The Eu

Evaluation of changes in the value and structure of public aid in Poland and EU during the years 2007-2012 was the objective of the paper. The data from reports by the Office of Competition and Consumer Protection as well as data from the State Aid Scoreboard published by the European Commission based on the information provided by the Member States concerning that aid was used. In Poland, evident increasing trends of the horizontal aid value can be observed. In 2012, as compared to 2007, it increased by 0.5 billion euro to the level of 1.64 billion euro. Its share in the total value of support oscillates within 55-60% range. In the European Union that share is generally at the level of 70-74%. In Poland, the sectoral aid is limited gradually although its magnitude still differs from the Union standards. In 2012, the share of that aid was relatively small at ca. 14% while in the EU it was 12.9%. The regional aid is at the similar level both in Poland and in the EU oscillating around 20%. However, in 2012, the share of regional aid in Poland increased to the level of 26% and it was higher by 8 pp than the share of that aid in the EU. Significant differences are characteristic for the share of the aid in the GDP. During the period covered by the study the largest differences occurred in 2010 when the share of support in Poland was 1.7% of the GDP and in the EU 0.6% of the GDP. In 2012, a half of the public aid in Poland was allocated to large enterprises. 

21. State intervention: public undertakings and state aid

2019 ◽  
pp. 495-530
Author(s):  
Sandra Marco Colino
Keyword(s):  
Competition Law ◽  
State Intervention ◽  
State Aid ◽  
The State ◽  
Basic Principles ◽  
Member States ◽  
Eu Membership ◽  
Degree Of Control ◽  
The Moment ◽  
The Eu

Competition law in the EU also exerts some degree of control over the actions of the Member States when they intervene in the market in ways which could harm the competitive process. The Member States commit to complying with these and other obligations the moment they agree to be bound by the acquis unionaire, which is a prerequisite for EU membership. There are two main provisions in this regard: Articles 106 and 107 TFEU. This chapter covers the basic principles underlying the application of Articles 106 and 107 TFEU, and explores the interplay between the general prohibitions they contain and their multiple exceptions. Article 106 ensures that undertakings owned, established, or regulated by the State are not protected or advantaged vis-à-vis private competitors, while Article 107 TFEU contains a general prohibition of state aid.

scholarly journals Rodzaje aukcji na wytwarzanie energii elektrycznej z odnawialnych źródeł energii w świetle przepisów ustawy o odnawialnych źródłach energii

2019 ◽  
pp. 51-68
Author(s):  
Eryk Kosiński ◽  
Marcin Trupkiewicz
Keyword(s):  
Carbon Dioxide Emission ◽  
Electric Energy ◽  
Point Of View ◽  
Subjective Character ◽  
Renewable Sources ◽  
Start Up ◽  
Polish Law ◽  
Council Of Ministers ◽  
Energy Regulatory ◽  
The Eu

After an analysis of certain legal texts, the authors have established that under Polish law the President of the Energy Regulatory Offi ce may conduct 56 diff erent types of auctions for generators of the electric energy from renewable sources (RSE). For each individual RSE installation complying with the RES parameters a separate auction may be carried. One RSE installation may take part in several RSE auctions provided it satisfi es the parameters of each individual installation. These parameters concern both the premises connected with the start-up process (the commencement of the production of electric energy) of a given installation and the premises of technical nature such as carbon dioxide emission or the level of the installation capacity used, as well as premises of a subjective character regarding individual producers participating in the auction. A detailed analysis of all types of RSE auctions described in the Act of 20 February 2015 on renewable sources of energy allows to determine which types of installation may take part in individual actions. However, of key importance from the point of view of the possibility of a RSE auction to be carried are secondary regulations which allow the Council of Ministers to determine individual types of RSE auctions in which the volume of energy, subject of the auction, will be made available. Consequently the Council of Ministers which runs the State policy within the area of RSE has become essentially responsible not only for the possibility of conducting an RSE auction, but also for the implementation of the EU climate and energy policy which is also binding upon Poland.

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