How Could Declaring a State of Crisis Affect Companies in North Macedonia?
How Could Declaring a State of Crisis Affect Companies in North Macedonia?
Author: Metodija Velkov, Polenak Law Firm
The adoption of a decision on the existence of a crisis situation by the Government of the Republic of North Macedonia could have implications for the ordinary operations of companies.
After the adoption of such a decision, the Government also adopts a decision for the use and management of the resources of other entities in the country for such a crisis.
These entities are primarily the bodies of the state administration and the bodies of the municipalities and the city of Skopje.
However, the Government may decide to also use the resources of public enterprises, institutions, and service bodies, as well as of “companies that are of a special importance for operating in a crisis situation”, in accordance with the law. The Government has, namely, adopted a special decision, published in the Official Gazette of the Republic of Macedonia no. 167/2013, determining which companies are of special importance in a state of crisis, and, under the Law on Crisis Management, special obligations apply for such companies.
In addition, at the request of the Government, and based on an agreement concluded with the Crisis Management Center, or voluntarily, the resources of citizens and other legal entities that are not mentioned above may also be used. This would also include resources of trade companies from the private sector, as well as state-owned companies, regardless of the industry, provided the resources are reasonably necessary to address the crisis.
The Government should regulate in more detail the issues regarding the type of resources of the entities mentioned above (apart from the state administration bodies and the bodies of the municipalities and the City of Skopje) which may be used by the same, the manner in which the Crisis Management Center keeps records for those resources, and the manner of determining the amount of compensation for their use, damage, and destruction which should be paid by the Government.
The daily compensation for using the resources of these entities shall amount to up to 30% of the average monthly net salary per employee in the country, published by the State Statistical Office in the month prior to providing the resources. On the other hand, the compensation for damage or destruction of such resources cannot be lower than the market value that the asset had at the time of damaging or destroying, determined based on the elements by which the market price is determined, according to customs and depending on the time and place of the market.
It is to be noted, though, that the citizens, public enterprises, trade companies, and other legal entities may waive such compensation for use of their resources, on their own request and based on a written statement.
Author: Metodija Velkov, Polenak Law Firm
The adoption of a decision on the existence of a crisis situation by the Government of the Republic of North Macedonia could have implications for the ordinary operations of companies.
After the adoption of such a decision, the Government also adopts a decision for the use and management of the resources of other entities in the country for such a crisis.
These entities are primarily the bodies of the state administration and the bodies of the municipalities and the city of Skopje.
However, the Government may decide to also use the resources of public enterprises, institutions, and service bodies, as well as of “companies that are of a special importance for operating in a crisis situation”, in accordance with the law. The Government has, namely, adopted a special decision, published in the Official Gazette of the Republic of Macedonia no. 167/2013, determining which companies are of special importance in a state of crisis, and, under the Law on Crisis Management, special obligations apply for such companies.
In addition, at the request of the Government, and based on an agreement concluded with the Crisis Management Center, or voluntarily, the resources of citizens and other legal entities that are not mentioned above may also be used. This would also include resources of trade companies from the private sector, as well as state-owned companies, regardless of the industry, provided the resources are reasonably necessary to address the crisis.
The Government should regulate in more detail the issues regarding the type of resources of the entities mentioned above (apart from the state administration bodies and the bodies of the municipalities and the City of Skopje) which may be used by the same, the manner in which the Crisis Management Center keeps records for those resources, and the manner of determining the amount of compensation for their use, damage, and destruction which should be paid by the Government.
The daily compensation for using the resources of these entities shall amount to up to 30% of the average monthly net salary per employee in the country, published by the State Statistical Office in the month prior to providing the resources. On the other hand, the compensation for damage or destruction of such resources cannot be lower than the market value that the asset had at the time of damaging or destroying, determined based on the elements by which the market price is determined, according to customs and depending on the time and place of the market.
It is to be noted, though, that the citizens, public enterprises, trade companies, and other legal entities may waive such compensation for use of their resources, on their own request and based on a written statement.
