RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 10, 2018 No. 433

About approval of the Procedure for selection of operators of electronic platforms for the organization of holding electronic auctions selling subjects to small and big privatization, authorization of electronic platforms and determination of the administrator of electronic trading system

According to Item of 1 part one of Article 1 and 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 selection of operators of electronic platforms for the organization of holding electronic auctions selling subjects to small and big privatization, authorization of electronic platforms which is applied.

2. Determine PROZORRO.PRODAZHI joint-stock company, functions on management of corporate laws concerning which are performed by the Ministry of Economics, responsible for ensuring functioning of electronic trading system - the administrator of electronic trading system.

3. To the Ministry of Economics annually till March 1 to review the amount of payment for testing, on development of electronic trading system, 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. 433

Procedure for selection of operators of electronic platforms for the organization of holding electronic auctions selling subjects to small and big privatization, authorization of electronic platforms

1. This Procedure determines the mechanism of selection of operators of electronic platforms for the organization of holding electronic auctions selling subjects to small privatization (further - selection), authorizations of electronic platforms and is applied to authorization and the organization of holding electronic auctions selling subjects to big privatization.

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

authorization - provision to the operator of an electronic trading platform (further - the operator) productive key for work in electronic trading system by results of passing by the operator of selection and testing of compliance of operation of the interface of programming of appendices of electronic platform of such operator to scenarios of work of programming of appendices of electronic trading system;

the request for testing - the address which is drawn up in paper or electronic form of conducting testing which moves the operator to the administrator of electronic trading system (further - the administrator) according to requirements of this Procedure;

productive key - the identifier of the authorized electronic platform for carrying out work in electronic trading system.

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

3. Start date of selection of operators is determined by the administrator. Information on the beginning of selection is posted on the official website of the administrator in five working days prior to selection.

4. The operator for passing of selection shall meet the following requirements:

be registered in the procedure established by the legislation;

have available in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming information on the final beneficial owner (controller) of the legal entity provided by part two of article 9 of the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming";

not have the initiated proceeedings about bankruptcy, and also not be in process of liquidation;

not be exposed to application of special economic and other rationing measures (sanctions) according to the Law of Ukraine "About sanctions";

have the right to use electronic platform (the document confirming the property right to electronic platform or right to use by electronic platform);

have the right to use domain name on which the electronic platform, on the Internet (the document confirming right to use by the operator with such domain name) is placed.

have the instructions developed and posted on the website of the operator for users of electronic platform;

have available at least six workers for ensuring proper process of holding electronic auctions;

have the created authorized capital in the amount of at least than 1 million hryvnias;

have own call center with the corresponding software and use of IP telephony technology and/or to transfer on contractual basis to other persons accomplishment of function of call center of electronic platform (with the corresponding software and use of IP telephony technology);

have faultless goodwill in understanding of 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" and not to have the fixed violations of the law about the economic competition and/or abuses of regulations of unfair competition, such as manipulation amount of remuneration of the operator, bribery of workers of other persons, distribution of unreliable information about participants of the market, etc.;

have at least one year of experience of activities in the market of realization of properties/assets on the competitive beginnings in the form of auctions which is confirmed by the corresponding reference and copies of documents;

have the operating means of cryptographic protection which confirms authenticity of domain name on which the electronic platform is placed and it is used for ensuring safe connection between the server of the website of the operator and participants of auction (SSL certificate).

4-1. The operator who is selected for holding electronic auctions selling subjects to big privatization shall meet in addition following requirements:

have the status authorized (previously authorized) for organization holding electronic auctions selling subjects to small privatization it is continuous within more than two years;

be operator of an electronic trading platform through which winners of electronic auctions selling subjects to small privatization acquired the participation right in such auctions and signed purchase and sale agreements of subjects to small privatization for the total amount at least 10 million hryvnias;

be operator of an electronic trading platform through which winners of electronic auctions selling subjects to small privatization in two last years signed at least three purchase and sale agreements of subjects to small privatization for total amount at least 7, of 5 million hryvnias.

5. For the purpose of implementation of selection of operators, connection them to electronic trading system according to the decision of the administrator the commission is created.

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