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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 10, 2018 No. 351

About approval of the Procedure of control of effective management of assets

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 25.11.2020 No. 1165)

According to part two of article 22 of the Law of Ukraine "About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure of control of effective management of assets which is applied.

Prime Minister of Ukraine
V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 10, 2018 , No. 351

Procedure of control of effective management of assets

1. This Procedure determines the mechanism of implementation by the National agency concerning identification, search and asset management, received from corruption and other crimes (further - the National agency), control of effective management of assets (further - control).

2. Object of control is the complex of the events for asset management held by the managing director in accordance with the terms of the agreement on asset management.

3. The purpose of control is determination of the achieved results of asset management and their ratio with the expected results of such management in accordance with the terms of the agreement on asset management.

4. Task of control is the solution of question of asset management accessory taking into account terms of the contract about asset management, including installations:

ensuring safety of asset, its cost and value addition of asset;

justification of the expenses performed by the managing director in connection with asset management;

transfers in the government budget of receipts from asset management.

5. Control is exercised with use:

the reporting, documents and other written information, the information electronically provided to managing directors to the National agency in accordance with the terms of the agreement on asset management in the procedure established by the National agency;

data of the automated information and help systems, registers and databanks, holder (administrator) of which are state bodies or local government bodies, access to which has the National agency according to the law;

information obtained from state bodies, local government bodies at the request of the National agency according to the law;

the materials constituted by state supervision bodies (control) in the sphere of economic activity during and by results of such supervision (control), concerning asset management;

materials of the inspections which are carried out by state bodies which purpose of activities is state regulation, monitoring and/or control of activities of subjects of managing in the respective spheres concerning asset management;

the data received as a result of access to asset, including survey of asset;

documents on asset management and its use, and also asset management other information which are received by the National agency with observance of requirements of the legislation and it can be checked.

6. Control is exercised in shape:

1) direct check of carrying out complex of actions for asset management in the place of its stay and/or the place of management of it (exit check)

2) checks of carrying out complex of actions for asset management in premises of the National agency (cameral check).

7. Control is exercised based on the order of the National agency in the following terms:

1) in the form of cameral check - in time, not exceeding seven working days;

2) in the form of exit check - in time, not exceeding 14 working days.

8. Control is exercised once a month if other is not provided by this Procedure.

Control is exercised by the commission formed by the National agency as a part of at least three people from among officials of structural division of central office of the National agency which provides control (further - authorized division).

In case of need according to the proposal of the representative of division for accomplishment of separate tasks on control employees of interregional territorial administrations of the National agency can be attracted.

For accomplishment of tasks on control employees of interregional territorial administrations of the National agency adhere to the principles determined in Item 10 of this Procedure and have the rights provided by subitems 3 - the 5th Item 12 of this Procedure.

According to the proposal of the representative of division the decision concerning control can be made in case of detection by the National agency of information about one or several of the following circumstances:

improper execution of the agreement on asset management;

non-compliance with requirements of the legislation concerning implementation by the managing director of the corresponding type of activity;

discrepancy of the achieved results of asset management to the expected results of such management;

failure to provide of safety of asset, its cost and value addition of asset;

execution by the managing director of expenses which are not reasonable in connection with asset management;

inadequate transfer in the government budget of receipts from asset management;

availability of the bases for control determined by this Procedure in the form of exit check.

9. Control is made in the form of cameral check if other is not provided by this Procedure.

Control in the form of exit check is appointed according to the proposal of the representative of division based on the conclusions by results of control in the form of cameral check that achievement by the determined this Procedure for the purpose and/or tasks of control by control in the form of cameral check is impossible, or in case of detection of one or several circumstances, the stipulated in Item 8 presents About.

10. Control is exercised by the National agency by the following principles:

complete, objective and impartial assessment of condition of agreement performance about asset management;

observance of rules of business ethics in relations with the managing director's representatives;

non-interference to implementation of economic activity of the managing director;

nondisclosure of the commercial and protected by the law other secret which became known to the National agency in case of control;

acquaintance of the control managing with results.

11. In case of control the authorized division has the right:

1) to request and use the documents (information) determined (determined) by Item 5 of this Procedure;

To request from 2) and to gratuitously receive from the managing director in paper and/or electronic form originals of documents and their copy, the other information concerning asset managements, and also the explanations concerning asset management including in paper form and also to perform processing of such information in premises of the National agency.

12. When conducting exit check officials of authorized division have the right:

1) to perform the powers determined by Item 11 of this Procedure;

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