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Ministry of Justice of Ukraine

January 26, 2016

No. 140/28270

ORDER OF THE ANTIMONOPOLY COMMITTEE OF UKRAINE

of December 28, 2015 No. 43-rp

Some questions of implementation of the Law of Ukraine "About government assistance to subjects of managing"

(In edition of the Order of the Antimonopoly Committee of Ukraine of 19.07.2018 No. 15-rp)

According to Item 11 parts three of article 7 of the Law of Ukraine "About the Antimonopoly Committee of Ukraine", to paragraphs to the fifth and sixth Item 6, to the paragraph to the second Item 8, to parts three and the fourth article 16 of the Law of Ukraine "About government assistance to subjects of managing" the Antimonopoly Committee of Ukraine decided 7 parts two of Article:

1. Approve enclosed:

Procedure for carrying out monitoring of government assistance to subjects of managing;

Procedure, forms and requirements about representation to the Antimonopoly Committee of Ukraine for information on the operating government assistance to subjects of managing;

Procedure for maintaining and access to register of government assistance to subjects of managing.

2. To provide to department of competition policy submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

3. This order becomes effective from the date of entry into force of the Law of Ukraine "About government assistance to subjects of managing" in general.

4. I reserve control of execution of this order.

Chairman of Committee

Yu. Terentyev

Approved by the Order of the Antimonopoly Committee of Ukraine of December 28, 2015, No. 43-rp

Procedure for carrying out monitoring of government assistance to subjects of managing

1. This Procedure is developed according to the paragraph the fifth Item 6 parts two of article 8 of the Law of Ukraine "About government assistance to subjects of managing" (further - the Law). This Procedure determines the basic principles of collection and carrying out information analysis about government assistance to subjects of managing (further - government assistance) at the expense of resources of the state or local resources, including with limited access, necessary for decision making, provided by the Law.

2. The purpose of carrying out monitoring of government assistance is control of observance of requirements of the Law and decisions of the Antimonopoly Committee of Ukraine (further - Authorized body), and also preparation and submission of the reporting on government assistance, ensuring transparency of provision to subjects of managing of government assistance, informing all interested persons on government assistance, ensuring efficiency of functioning of system of government assistance in Ukraine, protection and developments of the competition.

3. The terms used in this Procedure are applied in the values given in the Law.

4. Monitoring of government assistance is carried out relatively:

individual government assistance;

programs of government assistance;

any other support of the subjects of managing providing government assistance at the expense of resources of the state or local resources.

5. Monitoring of government assistance is performed by authorized body.

6. Monitoring extends to any support of subjects of managing at the expense of resources of the state or local resources for production of goods or implementation of separate types of economic activity, except the cases provided by part two of article 3 of the Law.

7. The main objectives of monitoring are:

collection and carrying out information analysis about measures for support of subjects of managing at the expense of resources of the state or local resources;

ensuring constant control behind observance by suppliers and receivers of the help of requirements of the legislation for separate categories and forms of government assistance, admissible intensity of government assistance, admissible expenses, admissible level of accumulating of the amounts of the help by receivers, other characteristics of government assistance;

ensuring control of government assistance which predostavitel are exempted from obligation of the notification of Authorized body according to part three of article 9 of the Law, and the insignificant government assistance determined in Item 9 parts one of article 1 of the Law;

preparation, giving and publication of the reporting on government assistance;

forming and maintaining register of government assistance.

8. Results of monitoring are used by Authorized body for:

preparation of offers and recommendations to suppliers of government assistance;

development and introduction in accordance with the established procedure to the Cabinet of Ministers of Ukraine of offers on adoption of regulatory legal acts concerning government assistance and/or modification of existing;

establishment according to article 7 of the Law of conditions for release from obligation of the notification on government assistance of separate supplier groups of categories of government assistance and/or exception of suppliers of separate categories of government assistance from those which are exempted from such obligation;

preparation of explanations and generalization concerning application of the legislation in the field of government assistance;

forming and maintaining card of regional distribution of government assistance.

9. Information on government assistance to subjects of managing is provided to Authorized body by suppliers of government assistance by annual provision of information on the provided government assistance, about government assistance which predostavitel under the law are exempted from obligation of the notification on it as about new government assistance, and also information on insignificant government assistance.

The specified information is provided to Authorized body with observance of requirements of the Procedure, forms and requirements for representation to the Antimonopoly Committee of Ukraine of information on the operating government assistance to subjects of the managing approved by the order of the Antimonopoly Committee of Ukraine of December 28, 2015 No. 43-rp.

10. For correctness, completeness and accuracy of the information which is provided to Authorized body, predostavitel of government assistance answer.

11. For the purpose of carrying out monitoring of government assistance the Authorized body performs the permanent analysis of drafts of the regulatory legal acts arriving on processing and also those, information on which is in open entry, the existing regulatory legal acts regarding availability in them any measures of support in any form of subjects of managing at the expense of resources of the state or local resources.

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