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Ministry of Justice of Ukraine

April 27, 2018

No. 529/31981

ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of April 6, 2018 No. 486

About approval of the Regulations on activities of the auction commission for sale of subjects to small privatization and Regulations on activities of the auction commission for sale of subjects to big privatization

According to Articles 15, 19 Laws of Ukraine "About privatization of the state-owned and municipal property" order:

1. Approve enclosed:

1) Regulations on activities of the auction commission for sale of subjects to small privatization;

2) Regulations on activities of the auction commission for sale of subjects to big privatization.

2. To provide to department of preparation and sale of subjects to privatization of Fund of state-owned property of Ukraine submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

3. This order becomes effective from the date of its official publication.

4. I reserve control of execution of this order.

Acting as Chairman Fonda
V. Trubarov

Approved by the Order of Fund of state-owned property of Ukraine of April 6, 2018 No. 486

Regulations on activities of the auction commission for sale of subjects to small privatization

I. General provisions

1. This Provision developed according to part four of article 15 of the Law of Ukraine "About privatization of the state-owned and municipal property" determines procedure for formation of the auction commission for sale of subjects to small privatization (further - the commission), its powers, the right and operating procedure.

2. The commission in the activities is guided by the Constitution of Ukraine, the laws of Ukraine, regulatory legal acts of Fund of state-owned property of Ukraine and this Provision.

II. Structure, procedure for formation of the commission and its power

1. The commission is temporarily operating collegiate organ which is created by state bodies of privatization for sale of subjects to small privatization within 10 working days from the date of decision making about privatization of object.

2. At least five people who are representatives of state body of privatization are part of the commission.

In case of need in structure of the commission specialists, experts, representatives of executive bodies, companies and/or economic societies and so forth can be attracted with the right of advisory vote.

3. Basic principles of activities of the commission:

observance of requirements of the legislation;

collective nature of the made decisions;

professionalism, impartiality and independence of members of the commission (non-admission of intervention in activities of the commission of any authorities).

4. The structure of the commission and change in it affirm the order of the relevant state body of privatization.

The commission chairman and the secretary are appointed from the staff of the relevant state body of privatization.

For long absence of the commission chairman (disease, leave, etc.) of its power are assigned by the order of the head of state body of privatization to any of members of the commission.

5. Treat the main powers of the commission:

development of sales terms and their representation on approval to state body of privatization;

determination of the starting price;

determination of the starting price taking into account decrease in the starting price;

development of the information message about holding the auction;

maintaining protocols of commission sessions and their representation on approval to state body of privatization.

6. The commission has the right:

in case of development of sales terms to make offers to state body of privatization on requests in public authorities, the companies and/or economic societies concerning submission of offers on sales terms, and also provision of the data, documents and other materials necessary for acquaintance with object of sale;

make offers to state body of privatization on representation of requests to specialists, experts;

hear explanations of experts, consultants and other specialists.

III. Operating procedure of the commission

1. Heads the commission and the commission chairman will organize its work.

2. Organizational form of work of the commission are meetings.

3. All decisions of the commission are made by roll-call oral voting (pro or contra) which results are entered in the protocol.

4. Commission session is competent with participation in it at least two thirds of list of her members.

5. Members of the commission have the equal right of voice in case of decision making. Decisions of the commission are made by a simple majority vote the members of the commission who are present at meeting. In case of equal distribution of voices the voice of the commission chairman is decisive.

6. By results of commission session protocols which are signed by all members of the commission who are present at meeting are constituted and in three-day time are submitted for approval to the relevant state body of privatization.

7. The secretary of the commission provides:

preparation of materials for consideration by the commission;

accomplishment of orders of the commission chairman;

preparation, maintaining and execution of protocols of commission sessions.

8. Members of the commission shall participate in work of the commission.

If commission session did not take place due to the lack of quorum, commission session is transferred the next day.

9. Activities of the commission stop the order of state body of privatization.

Director of the department of preparation and sale of subjects to privatization
B. Hertz

Approved by the Order of Fund of state-owned property of Ukraine of April 6, 2018 No. 486

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