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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 4, 2017 No. 468

About approval of the Procedure for return of illegal government assistance, inadmissible for the competition

According to part two of article 14 of the Law of Ukraine "About government assistance to subjects of managing" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for return of illegal government assistance, inadmissible for the competition which is applied.

2. This resolution becomes effective since August 2, 2017.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 4, 2017, No. 468

Procedure for return of illegal government assistance, inadmissible for the competition

1. This Procedure regulates questions of accomplishment of decisions of the Antimonopoly Committee (further - Authorized body) about return of illegal government assistance according to part two of article 14 of the Law of Ukraine "About government assistance to subjects of managing" (further - the Law).

2. Return of illegal government assistance is performed for the purpose of competition misstatement elimination which was caused by the competitive advantage got in result illegally of the provided government assistance, and recovery of condition of receivers in the market which existed before receipt of illegal government assistance.

3. The terms used in this Procedure have the following value:

measures for ensuring return of illegal government assistance - set of the stipulated by the legislation actions made by suppliers and receivers of illegal government assistance in pursuance of the decision of authorized body on return of illegal government assistance;

amount of the illegal government assistance which is subject to return - the size illegally the provided government assistance which is determined in the decision of authorized body by cases on government assistance;

return of illegal government assistance - the actions of suppliers and receivers in pursuance of the decision of authorized body on return of illegal government assistance directed to transfer of amount of illegal government assistance, and/or making of other actions providing return of illegal government assistance.

Other terms are used in the value given in the Laws of Ukraine "About the Antimonopoly Committee of Ukraine", "About protection of the economic competition", "About government assistance to subjects of managing", "About access to public information", "About financial accounting and the financial reporting in Ukraine".

4. The basis for return of illegal government assistance is the decision of authorized body made according to Item 5 parts seven of Article 11 and article 14 of the Law (further - the decision of authorized body), sent to suppliers and receivers of illegal government assistance.

5. In pursuance of the decision of Authorized body suppliers of illegal government assistance shall:

1) immediately after official promulgation of the decision of Authorized body to begin its accomplishment;

To accept 2) within the powers determined by the law, exhaustive and effective measures for ensuring return of illegal government assistance with her receivers (each of them);

3) in case of initiation of proceeedings about bankruptcy of the receiver (receivers) suppliers of illegal government assistance shall enter legal procedure and make other corresponding actions, stipulated by the legislation, on recovery of solvency of the debtor, including submit relevant requirements of creditors about return of illegal government assistance;

To report 4) no later than the last day of the term determined by Item 11 of this Procedure to Authorized body about the measures for return of illegal government assistance accepted by suppliers and receivers and to provide the corresponding documentary confirmation;

5) to provide return of illegal government assistance by her receivers no later than the last day of the term determined by Item 12 of this Procedure;

6) in case of availability of the bases excluding (interfering) execution (accomplishment) of the decision to provide written explanations concerning availability of obstacles for execution of the decision of Authorized body no later than two days from the moment of identification of such circumstances. Provision of such explanations does not exempt suppliers from obligation to execute the decision of authorized body in full;

7) to provide competent evidences of execution of the decision.

6. In pursuance of the decision of Authorized body receivers of illegal government assistance no later than the last day of the term determined by Item 12 of this Procedure shall:

1) to return illegal government assistance by the method determined by the decision of Authorized body;

2) to make the actions provided by actions of the supplier of illegal government assistance for ensuring its return;

3) to inform the supplier of illegal government assistance and Authorized body on execution of the decision of Authorized body;

To provide 4) to the supplier and Authorized body of the proof of accomplishment of the decision on submission of the copies of the documents confirming transfer and/or other method of accomplishment of the decision of Authorized body certified in accordance with the established procedure.

7. The government assistance is subject to return by receivers irrespective of possible approach as a result of such return of insolvency and/or bankruptcy of receivers.

8. Return of illegal government assistance is performed by receivers who were established by the decision of Authorized body.

In case of impossibility of establishment of the exhaustive list of receivers of illegal government assistance by Authorized body return of such help is performed by the receivers established by suppliers of such help.

For the purpose of timely identification of receivers of illegal government assistance the Authorized body can on own initiative and/or according to the statement of suppliers of government assistance to request such information from the relevant state bodies.

9. The decision of Authorized body is obligatory for accomplishment by suppliers and receivers of such help, except cases:

1) when the decision of authorized body concerns illegal government assistance concerning which the term established by part five of article 14 of the Law expired;

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