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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 26, 2017 No. 298

About approval of the Replacement procedure of the private contractual partner, concluded within public-private partnership

According to part seven of article 17 of the Law of Ukraine "About public-private partnership" the Cabinet of Ministers of Ukraine decides:

Approve the Replacement procedure of the private contractual partner, concluded within public-private partnership which is applied.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 26, 2017, No. 298

Replacement procedure of the private contractual partner, concluded within public-private partnership

1. This Procedure determines the mechanism of replacement of the private partner in case of failure to carry out of the agreement obligations by it, concluded within public-private partnership (further - the agreement).

2. In this Procedure terms are used in the value given in the Law of Ukraine "About public-private partnership".

3. Replacement of the private contractual partner (further - replacement of the private partner) in case of failure to carry out of the agreement obligations by him is performed by the state partner on competitive basis in the proposal of person who will organize or provides financing within public-private partnership (further - the creditor).

4. The creditor submits to the state partner the proposal on replacement of the private partner (further - the offer) in which are specified:

the bases for replacement of the private partner with reference to the relevant provisions of the agreement providing the right of the creditor to address the state partner with the offer, and also data on the financial and other records on financing of the project on the agreement containing information necessary for decision making on replacement of the private partner;

information about the representative of the creditor who can undertake certain obligations and to whom the rights under the agreement until determination of the new private partner can be granted (in case the right of the creditor to determine such representative is provided by the agreement);

information about the representative authorized by the creditor for participation in work of the commission on consideration of the offer (further - the commission).

The creditor together with the offer submits copies of documents (the agreement, financial and other records) on which there are references in the offer for reasons for need of decision making on replacement of the private partner.

5. The proposal is submitted in state language in paper and electronic type together with the accompanying letter constituted in any form and appendices. Pages of the offer are numbered, make sure the authorized signature of the creditor and are sealed (in the presence).

6. The state partner after receipt of the offer in the absence of the bases for refusal in its consideration within three working days informs the private partner on initiation of the procedure of its replacement with the method provided by the agreement, within 10 working days forms the commission which part representatives of the state partner and other persons who are on the side of the state partner (in the presence), representatives of the private partner, the authorized representative of the creditor are.

If object of public-private partnership is object of state-owned property or for implementation of public-private partnership is provided the state support by financing at the expense of means of the government budget, the commissions are included also representatives of the Ministry of Economic Development and Ministry of Finance.

The state partner refuses consideration of the offer in case:

instructions in the offer of unreliable information;

submission of the offer which does not conform to the requirements specified in Items 4 and 5 of this Procedure.

In case of refusal in consideration of the offer the state partner within five working days from the moment of receipt of the offer reports about it to the creditor and the Ministry of Economic Development with indication of causes of failure.

7. The commission within five working days from the moment of its education considers the offer and accepts one of the following decisions:

1) about need of accomplishment by the private partner of the agreement obligations which failure to carry out became the basis for submission of the offer;

2) about replacement of the private partner;

3) about the message to the creditor about lack of the bases for replacement of the private partner with the corresponding reasons.

8. In the decision on need of accomplishment by the private partner of the agreement obligations which failure to carry out became the basis for submission of the offer the term during which the private partner shall fulfill the specified obligations surely is specified.

The private partner shall within five working days after the termination of the term specified in the decision to report in writing to the state partner about accomplishment of the agreement obligations which failure to carry out became the basis for submission of the offer.

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