RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 10, 2018 No. 432

About approval of the Procedure for holding electronic auctions for sale of subjects to small privatization and determination of additional terms of sale

According to part one of article 15 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 holding electronic auctions for sale of subjects to small privatization which is applied.

2. Recommend to local government bodies in a month from the date of entry into force of this resolution to promulgate lists of objects of municipal property which are included in the list of objects privatizeable, but are not privatized about day of entry into force of this resolution.

3. To the Ministry of Economics annually till March 1 to review the amount of payment for participation in electronic auction and in case of need to submit to the Cabinet of Ministers of Ukraine relevant proposals.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 10, 2018 , No. 432

Procedure for holding electronic auctions for sale of subjects to small privatization and determination of additional terms of sale

General questions

1. This Procedure determines the mechanism of holding electronic auctions for sale of subjects to small privatization with use of electronic trading system, determination of the winner by results of electronic auction, the size and procedure for introduction of payment for participation in electronic auction, and also determination of additional terms of sale according to provisions of the Law of Ukraine "About privatization of the state-owned and municipal property" (further - the Law).

Action of this Procedure extends, except sale of subjects to small privatization, also to realization of the assets collected in the income of the state on which the judgment on application of the sanction, stipulated in Item 1-1 part one of article 4 of the Law of Ukraine "On sanctions" is made (further - subject to privatization), taking into account the features established by the paragraph third parts three of article 5-1 of the Law of Ukraine "About sanctions" concerning transfer of the money received as a result of realization of assets in the government budget and the directions in fund of mitigation of consequences of the armed aggression.

2. In this Procedure terms are used in such value:

authorization data - the identification data created by the participant when passing registration in electronic trading system through electronic platform by means of which its powers on access to personal account and making of any actions in electronic trading system for participation in electronic auctions are performed;

the administrator of electronic trading system (further - the administrator) - the legal entity determined by the Cabinet of Ministers of Ukraine responsible for ensuring functioning of electronic trading system;

stage of submission of price offers for running an electronic auction without conditions, with conditions, with decrease in the starting price - period during which all participants are given opportunity to do price offers according to this Procedure;

stage of submission of price offers for running an electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers, repeated electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers, (further - electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers) - the period consisting of two periods - the period of submission of the closed price offers by all participants, besides, which relied, and the period of submission of the price offer by the participant who relied;

the closed price offer for running an electronic auction without conditions, with conditions, with decrease in the starting price - the amount of means which payment is declared by the participant before running an electronic auction and moves in private office through the operator of an electronic trading platform in electronic trading system before the termination of deadline of reception of applications on participation in electronic auction;

the closed price offer for running an electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers - the amount of means which payment is declared by participants in electronic trading system, besides, which relied;

the paragraph of the eighth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 23.08.2022 No. 952

bid increment for running an electronic auction without conditions, with conditions, with decrease in the starting price - the allowance on which during the electronic auction increase in the price offer can be performed;

bid increment for running an electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers - discount on which during the electronic auction decrease in the starting price of lot announced to sale during the period of running an electronic auction until automatic implementation of the last of certain steps or until rate the participant, and the minimum allowance on which during the electronic auction increase in price line item can be performed is automatically and gradually performed;

lot - the subject to privatization offered for electronic auction;

the minimum bid increment - the minimum increase established by privatization authority at the level of 1 percent of the starting price of subject to the privatization determined for each auction on which during the electronic auction increase in the price offer can be performed;

private office - component of electronic trading system which allows body to the privatization/organizer of auction, to the potential buyer to perform activities in electronic trading system according to this Procedure;

the period for representation of rate in electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers - period between start of electronic auction and each subsequent automatic step-by-step decrease in the starting price during which the participant has the right to make rate which corresponds to current price of lot;

the period of running an electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers - period during which automatic step-by-step decrease in the starting price of lot of the quantity of steps and submission of price offers determined according to requirements of this Procedure (in case of implementation of rate by the participant) on the conditions established by this Procedure is performed;

payment for participation - the monetary reward of the operator of an electronic trading platform which is subtracted from the electronic auction paid by the winner or person on whom the decision on privatization of object by the redemption, the guarantee fee according to the contract between the operator of an electronic trading platform and the participant taking into account requirements of this Procedure is made;

prior consent to expectation - the assurance of the potential buyer provided to the operator of an electronic trading platform, that in case of introduction of the second-large price offer by it / the closed price offer / rate he agrees to expectation of results of electronic auction according to this Procedure and to receipt of its guarantee fee after the moment determined by this Procedure;

the potential buyer - person having intention to participate in electronic auction;

current price of lot - lot price which is displayed in real time and is effective during the period between the beginning of automatic step-by-step decrease in the starting price of subject to privatization, including period between making of the last step and completion of electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers;

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