of October 4, 2017 No. 749
About approval of the Procedure for forced realization of property for debt repayment before public joint stock company "National joint stock company "Naftogaz of Ukraine" and its affiliated enterprises which performed supply of natural gas based on the license
According to part two of article 1 of the Law of Ukraine "About introduction of the moratorium on forced realization of property" the Cabinet of Ministers of Ukraine decides:
Approve the Procedure for forced realization of property for debt repayment before public joint stock company "National joint stock company "Naftogaz of Ukraine" and its affiliated enterprises which performed supply of natural gas based on the license which is applied.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 4, 2017 , No. 749
1. This Procedure regulates questions of forced realization of property (except objects which according to the law are not subject to privatization, and also the companies to which at the state the debt on compensation of difference confirmed in accordance with the established procedure in rates for heat energy and services in heating which were made, transported and delivered to the population) for debt repayment before JSC National Joint Stock Company Naftogaz of Ukraine and its affiliated enterprises (further is had - NAK Naftogaz Ukrainy) which performed supply of natural gas based on the license.
Action of this Procedure extends to forced realization of property of the state companies and economic societies in which authorized capital the share of the state constitutes at least 25 percent (further - the debtor) (except blocks of shares (shares), the decision on privatization (sale) of which is made, and also the shares (shares) belonging to the state in property of other economic societies and transferred to the authorized capital of the debtor, real estate and other fixed assets of production which provide implementation of productive activity of subjects of managing, concerning which the decision on privatization is made), during accomplishment of the decisions made in advantage or for the benefit of NAK Naftogaz Ukrainy.
Forced realization of property of the debtor is understood as alienation of real estate units and other fixed assets of production which provide implementation of productive activity of the debtor, and also the shares (shares) belonging to the state in property of other economic societies and transferred to the authorized capital of the debtor if such alienation is performed by the address of claim to property of the debtor according to the decisions which are subject to execution by the Public executive service except decisions on salary payment and other payments which are due to the worker in connection with employment relationships and decisions concerning obligations of the debtor on transfer to funds of obligatory national social insurance of debt on the payment of fees in these funds which arose till January 1, 2011 and for transfer to bodies of the Pension fund of Ukraine of debt on payment of single fee on obligatory national social insurance.
Implementation of the shares (shares) belonging to the state in property of other economic societies and transferred to the authorized capital of the debtor on which collection is turned is performed according to the procedure, certain NKTsBFR, taking into account requirements, the stipulated in Item 9 presents About.
2. The forced realization of property is enabled by carrying out the electronic biddings.
3. The organizer of the electronic biddings (further - the organizer) is the state company which treats the sphere of management of Ministry of Justice and is authorized according to the legislation on the organization and carrying out the electronic biddings.
4. (Further - the participant) the physical person having full civil legal capacity, or it properly the authorized representative, the legal entity on behalf of the representative of the representative can be the participant of the electronic biddings to act from his name (except persons concerning whom the legislation sets restrictions).
5. The cession of property, subject to forced realization, is performed after determination of its cost according to requirements, the stipulated in Clause 57 Laws of Ukraine "About enforcement proceeding".
6. The state contractor appoints the keeper of the property which is subject to forced realization according to the procedure, determined by article 58 of the Law of Ukraine "About enforcement proceeding".
The debtor or other persons, including the organizer can be keepers of the property which is subject to forced realization.
The debtor is appointed the keeper of the property which is subject to forced realization, in exceptional cases, in particular concerning real estate, objects of construction in progress and other property which cannot be transferred to storage to other persons for the objective reasons without damage of their properties, design, functionality or appearance (difficult machines, mechanisms, the equipment, etc.).
The debtor provides storage of property free of charge.
The cession of property, subject to forced realization, on storage to the debtor or other persons is performed on receipt according to the resolution on the inventory and seizure of property (means) of the debtor.
The keeper shall provide proper conditions for storage of the property which is subject to forced realization according to properties of such property, technological, sanitary and hygienic and fire protection regulations, demonstration and transfer to the winner of the electronic biddings.
Reviewing property which is subject to forced realization can be performed by the photo and video content placed in the information message about carrying out the electronic biddings.
In case of appointment of the organizer the keeper of the property which is subject to forced realization draws up the delivery-acceptance certificate which is signed by the authorized person of the organizer and the state contractor.
7. Carrying out the electronic biddings, the organization and registration of their results and calculations for the acquired property are perfromed according to the Procedure for realization of distrained property approved by Ministry of Justice.
8. Remuneration of the organizer for the organization and carrying out the electronic biddings is established according to actual expenses of the organizer taking into account the expenses connected with storage and realization of the property which is subject to forced realization, the organization of the biddings, but no more than 1 percent of cost of the realized property.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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