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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 27, 2017 No. 719

About approval of the Procedure for realization of the arrested assets at the electronic biddings

According to part five of article 21 of the Law of Ukraine "About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for realization of the arrested assets at the electronic biddings which is applied.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 27, 2017 , No. 719

Procedure for realization of the arrested assets at the electronic biddings

1. This Procedure determines the mechanism of realization of assets at the electronic biddings.

2. Realization according to this Procedure is subject assets - property, property and other rights which it is seized in criminal proceedings or in claim production on cases on recognition unreasonable assets and their reclamation and which:

are transferred to the National agency concerning identification, search and asset management, received from corruption and other crimes (further - the National agency) to management (for realization or without determination of way of management by them) based on the resolution of the investigative judge, court or the consent of the owner of assets, and realization based on parts four and the fifth article 21 of the Law of Ukraine "About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes" is subject;

are in management of the National agency and realization as measure of independent execution of the judgment on confiscation, special confiscation of assets, collection in the income of the state of assets based on parts two and the fourth article 23 of the Law of Ukraine "About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes" is subject.

3. The electronic auction is held by the organizer (organizers) of the electronic biddings - the legal entity selected by the National agency according to the procedure, No. 558 established by the resolution of the Cabinet of Ministers of Ukraine of August 9, 2017 "About selection on competitive basis of the legal entities enabling the realization of the arrested assets" (The Official Bulletin of Ukraine, 2017, No. 66, of the Art. 1954) (further - the organizer).

4. The realization of assets is enabled at the electronic biddings by the principle of auction for electronic trading system through the website of the organizer.

The electronic biddings, the new electronic biddings can be the first or repeated.

The new electronic auction is held in case of not realization of assets by results of the repeated electronic biddings according to this Procedure and adoptions by the National agency of the decision on their transfer for realization at the new electronic biddings.

The new electronic auction is held under the terms, the established this Procedure for the electronic biddings if other is directly not determined by it.

5. Carrying out the electronic biddings is regulated by this Procedure and rules of the electronic biddings which approval procedure is regulated by the agreement between the organizer and the National agency.

6. The organizer provides:

carrying out the electronic biddings;

placement of information messages about the electronic biddings and their results;

forming of organizational and methodical materials for participants and potential participants of the electronic biddings;

registration of potential participants of the electronic biddings on the website and submission by them of applications for participation in the electronic biddings;

functioning of the website in the round-the-clock mode and continuous access of participants of the electronic biddings to it and other Internet users;

the organization of implementation of the measures necessary for realization of assets, including ensuring their storage, assessment of assets, movement of assets, demonstration of assets, distribution of data on the assets transferred for realization, in amount and on the conditions defined by the agreement between the National agency and the organizer.

Except carrying out the electronic biddings, the organizer can attract to implementation of the actions necessary for realization of assets on a contract basis the third parties, remaining responsible before the National agency for results of their work, quality of the services provided by them, in amount and on the conditions defined by the agreement between the National agency and the organizer.

7. The organizer has the right to remuneration which is fee on the organization of realization of assets and includes expense recovery for implementation of the actions necessary for realization of assets, in particular ensuring their storage, assessment of assets, movement of assets, demonstration of assets, distribution of data on the assets transferred for realization.

Remuneration of the organizer is established as a percentage of the actual sales price of lot determined by results of the electronic biddings (lot selling price), but not set off on account of the amount which the winning bidder shall pay to the National agency.

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