LAW OF UKRAINE

of March 4, 1992 No. 2163-XII

About privatization of state-owned property

This Law regulates legal, economic and organizational basis of privatization of the state-owned property and property belonging to the Autonomous Republic of Crimea for the purpose of creation of multistructure socially oriented market economy of Ukraine.

Section I. General provisions

Article 1. Concept and purpose of privatization

Privatization of state-owned property (further - privatization) - paid property acquisition, being in state-owned property, including together with the parcel of land of state-owned property on which object, privatizeable, for the benefit of physical persons and legal entities which can be buyers according to this Law, for the purpose of increase in social and economic production efficiency and attraction of financial resources for implementation of structural adjustment of national economy is located.

Article 2. Priorities and principles of privatization

1. The main priorities of privatization are increase in production efficiency and motivation to work, acceleration of structural adjustment and development of economy of Ukraine.

2. Privatization is performed on the basis of the following principles:

legality;

openness and transparency;

state regulation and control;

provisions to citizens of Ukraine of the priority right to acquisition of state-owned property;

provisions of privileges for acquisition of state-owned property to members of labor collectives of the privatized companies;

ensuring social security and equal rights of participation of citizens of Ukraine in the course of privatization;

sales of subjects to privatization taking into account their specific features only for money;

priority right of labor collectives to property acquisition of the companies;

creating favorable conditions for investment attraction;

observance of the antitrust law;

complete, timely and reliable informing citizens on procedure for privatization and data on subjects to privatization;

accounting of features of privatization of objects of communication of agro-industrial complex, the mining industry, construction in progress, the small state companies, the companies of various patterns of ownership and objects of the scientific and technical sphere based based on consolidation of property;

applications mainly competitive methods in case of:

ensuring competition of sale if other is not determined by this Law.

The paragraph the fifteenth Article 2 is excluded;

The paragraph the sixteenth Article 2 is excluded.

Article 3. Legislation of Ukraine on privatization

1. The legislation of Ukraine on privatization consists of this Law, other laws of Ukraine concerning privatization.

Features of privatization of objects of port infrastructure are determined by the Law of Ukraine "About seaports of Ukraine".

2. Operation of this Law does not extend on:

privatization of objects of the state housing stock, including hostels, and also subjects to welfare appointment which are financed from the government budget, including health sector objects except for belonging to the companies which are privatized except health care institutions which property is brought in the authorized capital of joint-stock company of rail transport public according to the Law of Ukraine "About features of formation of joint-stock company of rail transport public;

the paragraph third Article 3 is excluded.

entering of property of rail transport public into the authorized capital of joint-stock company of rail transport public which is formed according to the Law of Ukraine "About features of formation of joint-stock company of rail transport public.

3. Privatization of shares (share of the shares) belonging to the state in the authorized capital of the economic societies, other economic organizations and companies founded based on consolidation of property of various patterns of ownership is performed according to the legislation taking into account provisions of constituent documents of such societies (organizations).

4. Property acquisition, being in municipal property, is regulated by provisions of this Law, other laws concerning privatization and performed by local government bodies.

Article 4. State program of privatization

1. The state program of privatization (further - the Program) is developed by Fund of state-owned property of Ukraine, affirms the law of Ukraine for a period of three years and is effective before completion of its accomplishment.

2. part 2 of Article 4 is excluded.

3. In the Program are determined:

purpose;

ways, methods of achievement and measure for realization of the purpose;

tasks concerning ensuring accomplishment of the Program;

the expected results of accomplishment of the Program.

4. The Verkhovna Rada of Ukraine annually hears and approves the report of Fund of state-owned property of Ukraine on accomplishment of the State program of privatization.

Article 5. Subjects to privatization

1. To objects of state-owned property, privatizeable, belong:

the companies (shops, productions, sites, other divisions if in case of their allocation in the independent companies the technological unity of production on the main specialization of the company which of structure they are allocated is not broken) as single property complexes which part all types of property intended for their activities, determined by the Civil code of Ukraine including together with the parcels of land of state-owned property on which they are located (further - single property complex of the company) are;

objects of construction in progress and the preserved objects, including together with the parcels of land of state-owned property on which they are located;

separate individually certain property, including together with the parcels of land of state-owned property on which this property is located;

shares (shares, shares) belonging to the state in the authorized capital of the economic societies, other economic organizations and companies founded based on consolidation of property of various patterns of ownership;

subjects to welfare appointment, including together with the parcels of land of state-owned property on which they are located, except those which are not subject to privatization.

2. Privatizations are not subject the objects having nation-wide value, and also the state companies.

Have nation-wide value:

a) the objects and property providing accomplishment of the functions by the state, providing defense capability of the state, its economic independence, and objects of the property right of the Ukrainian people, the property constituting material basis of sovereignty of Ukraine:

property of public authorities and local government bodies, property of the Armed Forces of Ukraine (except property concerning which the law establishes features of privatization), the Security Service of Ukraine, the State Border Service of Ukraine, civil defense forces, Public service of special communication and information security of Ukraine, law-enforcement and bodies of the income and charges which the property of institutions of health care of system of the emergency medical care directly provides accomplishment by these bodies of the tasks established by the legislation;

subsoil, minerals of nation-wide value, the territory and the objects of natural and reserved fund of nation-wide value, water resources, forest resources, other natural resources which are objects of the property right of the Ukrainian people;

systems of creation and preserving gold and foreign exchange reserves;

issued system, property complexes of the companies and organizations providing release and storage of bank notes and securities;

the radio television transfer centers, and also the objects providing with communication bodies of legislative and executive power;

the property of the National Public Broadcasting Company of Ukraine (NPBCU) and the share belonging to the state in the authorized capital of NOTU;

means of government, courier and special communication;

the state registers, other information systems which are created and contain at the expense of means of the government budget;

property of the state company "Multimedia Platform of Broadcasting to Foreign Countries of Ukraine" (MPBFCU)".

b) objects which activities provide social development, preserving and increase in cultural, scientific potential, cultural wealth:

National Archive Fund, archives (archival organizations), documents from them, the archival divisions, archives departments and libraries, objects of culture, art, including exclusive historical, art, scientific or other cultural value brought or which are subject to entering in the State register of national cultural property, and also architecture objects, memorial complexes, reserves, parks of national value;

the monuments included in the list of monuments, not privatizeable;

archeology monuments;

monuments to the state part of Museum fund of Ukraine (museum objects, museum collections and museum meetings);

documents of the State library stock of Ukraine;

initial materials and film copies which are stored in filmofonda;

the culture institutions providing the state social standard rates in population services industry with culture institutions;

the culture objects relating to property complexes of organizations of National academy of Sciences of Ukraine;

property of the companies, organizations and organizations of National academy of Sciences of Ukraine, industry academies of Sciences which is used for accomplishment of basic and applied researches, the share (shares, shares) of the economic societies formed on the basis of property complexes of National academy of Sciences of Ukraine, industry academies of Sciences;

objects of education except educational institutions which property is brought in the authorized capital of joint-stock company of rail transport public according to the Law of Ukraine "About features of formation of public joint stock company of rail transport public, physical culture, sport and science which are financed from the government budget;

the scientific objects included in the State register of the scientific objects constituting national property.

c) objects, control of which activities from the state guarantees protection of citizens against consequences of influence of not controlled production, uses or distribution of dangerous substances:

the nuclear materials, nuclear installations and objects intended for the treatment of radioactive waste, having nation-wide value;

grounds, structures, constructions and equipment for burial of solid industrial and household waste, cattle mortuaries;

d) the objects providing activity of the state in general:

inventories of the state reserve irrespective of its location, the company, organization and the organization and other objects which are logging in the state reserve;

property of the Public criminal and executive service of Ukraine;

property of the companies, organizations and organizations of national hydrometeorological service;

materials of the State information geological fund of Ukraine;

the materials and data of the State kartografo-geodetic fund of Ukraine, land and cartographic materials created for means of the government budget;

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