Ministry of Justice of Ukraine
July 26, 2017
of June 30, 2017 No. 611
About approval of the Regulations on conditions and procedure for carrying out tenders by determination of the authorized exchanges selling the property which is in tax pledge
According to Item 95.7 of Article 95 of Chapter 9 of the Section II of the Tax code of Ukraine and Regulations on the Ministry of Finance of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 375, I order:
2. Declare invalid the order of the Ministry of the income and charges of Ukraine of October 10, 2013 No. 575 "About approval of the Regulations on conditions and procedure for carrying out tenders by determination of the authorized exchanges selling the property which is in tax pledge", registered in the Ministry of Justice of Ukraine on December 20, 2013 at No. 2159/24691.
3. In accordance with the established procedure to provide to department of tax policy of the Ministry of Finance of Ukraine:
provision of this order on state registration in the Ministry of Justice of Ukraine;
promulgation of this order.
5. I reserve control of execution of this order and I assign to the acting as the Chairman of the Public fiscal service of Ukraine M. V Is sold.
Approved by the Order of the Ministry of Finance of Ukraine of June 30, 2017 No. 611
1. This Provision is developed according to Item 95.7 of Article 95 of Chapter 9 of the Section II of the Tax code of Ukraine (further - the Code) for the purpose of carrying out tenders by determination of the authorized exchanges which perform sale of property of the taxpayer who is in tax pledge.
2. This Provision determines conditions and procedure for carrying out tenders on determination of the commodity exchanges created according to the Law of Ukraine "About commodity exchange" authorized to organize and hold the exchange auction, including the electronic biddings, and target auctions for sale of the property which is in tax pledge on account of repayment of tax debt.
3. Tender by determination of the authorized exchanges which perform sale of property of the taxpayer who is in tax pledge (further - competition) is held by the contest committee in the presence of two or the applicants who were more allowed to it from whom applications are received by the State Tax Administration of Ukraine at the scheduled time after publication (promulgation) of the message on carrying out tender.
4. The message on carrying out tender shall contain the following data:
date, time and venue of tender;
deadline of submission of documents on tender;
mandatory requirements to participants of tender;
the address to which move documents (go);
contact telephone numbers for reference on the questions concerning tender.
5. The specified message is published by GNS in one of printing mass media of nation-wide distribution sphere not later than month before date of tender and published on the GNS official web portal.
1. For the organization and carrying out tender GNS the contest committee (further - the commission) as a part of the commission chairman - the chairman of GNS (the vice-chairman of GNS), the vice-chairman of the commission - the head (his deputy) of division of GNS as which the organization of carrying out tender for determination of the authorized exchanges which perform sale of property of the taxpayer who is in tax pledge and 7 members of the commission - three representatives of structural divisions of GNS, the representative of structural division of GNS as which questions of prevention and identification of corruption, the representative of the Ministry of finance of Ukraine (in coordination), the representative of the Ministry of development of economy, trade and agricultural industry of Ukraine (in coordination belong), the representative of Fund of state-owned property of Ukraine (in coordination) enters is created.
2. One of members of the commission - the representative of division of GNS as which the organization of carrying out tender enters is appointed the secretary of the commission.
3. The staff of the commission affirms the order GNS.
Changes are made to structure of the commission by the order GNS.
4. The commission in the activities is guided by the current legislation, in particular this Provision.
5. The main objectives and functions of the commission are:
determination of date of tender;
promulgation of information on carrying out tender;
adoption of documents from applicants for participation in tender;
consideration of competitive offers;
determination of winners of tender;
creation and approval of protocols on results of carrying out tender;
exception of the authorized exchange which allowed violations of sales terms of the property which is in tax pledge from the list of the authorized exchanges with which monitoring bodies can sign contracts on realization of property according to the procedure, determined in the Section VI of this provision;
purpose of additional tender.
6. Will organize work and the chairman who within the competence directs activities of the commission:
convokes commission sessions;
presides over meetings;
will organize preparation for consideration of the materials provided by this Provision.
In case of need the commission chairman involves the commissions of experts and consultants.
7. In case of absence of the commission chairman of its function and duties are fulfilled by the vice-chairman of the commission.
1. The exchanges created according to the Law of Ukraine "About commodity exchange" which have the right to the organization of sale of the property which is in state-owned property work experience at least one year in this field of activity are allowed to participation in tender and gave (sent) the document package provided in Item 2 of this Section to consideration of the commission.
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