RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 10, 2018 No. 386

About approval of the Procedure for sale of subjects to big privatization of state-owned property

According to part one of article 19 of the Law of Ukraine "About privatization of the state-owned and municipal property" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for sale of subjects to big privatization of state-owned property which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 10, 2018 , No. 386

Procedure for sale of subjects to big privatization of state-owned property

General questions

1. This Procedure establishes the procedure of preparation, the organization and carrying out sale of subjects to big privatization of state-owned property (further - subject to privatization).

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

1) auction documentation - the statement for participation in auction and supporting documents which are filed by the potential buyer for participation in auction;

2) the auction offer of rather starting price of subject to privatization (further - the auction offer) - the offer on the price at which potential buyers are ready to acquire subject to privatization in case of sale by holding the auction by method of studying of price offers;

3) written consent - confirmation by the potential buyer of capture on obligations in case of recognition by his winner to pay selling price and to satisfy sales terms of subject to privatization;

4) the potential buyer - the physical person or legal entity interested in purchase of subject to privatization and meeting the requirements of article 8 of the Law of Ukraine "About privatization of the state-owned and municipal property";

5) the participant of auction - physical person or legal entity which is allowed to participation in auction for the decision of state body of privatization based on accomplishment by it the requirements established by this Procedure.

The term "control" is used in the value given in the Law of Ukraine "About joint-stock companies", the term "final beneficial owner (controller)" - in the value given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction", the term "connected persons" - in the value given in the Tax code of Ukraine.

Other terms used in this Procedure are used in the value given in the Law of Ukraine "About privatization of the state-owned and municipal property" (further - the Law).

3. For ensuring transparency of carrying out sale of subjects to privatization and publicizing of privatization processes the state body of privatization performs according to the legislation complex of actions for providing by promulgation of messages on the course and results of realization in mass media.

4. Preparation for privatization and sale of subjects to privatization is performed with attraction on competitive basis of advisers in the procedure established by the Cabinet of Ministers of Ukraine, except cases, stipulated by the legislation.

5. Subjects to privatization are subject to sale at auction with conditions.

6. Sales terms of subjects to privatization affirm the Cabinet of Ministers of Ukraine.

7. The auction for sale of subjects to privatization is held by the organizer of auction not earlier than in 30 days, but not later than within 60 days after publication of the information message about privatization of subjects to privatization.

8. If for participation in auction for sale of subject to privatization the application for participation in auction from one buyer is submitted, the auction is recognized cancelled, and the state body of privatization can make the decision on privatization of the specified object by the redemption directly such buyer at the price offered them, but not below the starting price for the corresponding auction. In case of decision making about sale of subject to privatization by the redemption the state body of privatization signs the purchase and sale agreement according to the procedure, established by Items 41-47 of this Procedure.

8-1. Temporarily, for establishment by the Cabinet of Ministers of Ukraine of quarantine and restrictive actions for prevention of origin and spread of sharp respiratory disease of COVID-19, of SARS-CoV-2, caused by coronavirus in case of recognition of auction by privatization authority with conditions cancelled, the auction with conditions is held repeatedly taking into account provisions of this Procedure. The repeated auction with conditions is performed on the sales terms approved by the Cabinet of Ministers of Ukraine for the auction with conditions recognized as cancelled.

9. During privatization of subject to privatization by sale at auction, the redemption between the seller and the buyer the corresponding purchase and sale agreement is signed. The conclusion and modification of purchase and sale agreements is performed according to requirements of the legislation.

Preparation for holding the auction

10. For sale of subjects to privatization of privatization by state bodies within 10 working days from the date of decision making about privatization of subject to privatization the auction commission which activities are regulated by the provision approved by Fund of state-owned property is formed.

Competence of the auction commission includes the solution of the following questions:

development of sales terms;

determination of bid increment, date and time of holding the auction;

establishment of the starting price based on the cost determined according to the Technique of assessment which affirms the Cabinet of Ministers of Ukraine;

establishment of the starting price at auction with lowering of the starting price;

the starting price falls by 25 percent (for the first time);

the starting price falls by 50 percent (for the second time);

determination of the starting price based on studying of price offers from potential participants of auction;

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