ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of May 25, 2018 No. 686

About approval of the Procedure for provision to the lessee of consent of the lessor of state-owned property to implementation of the integral improvements of leased state-owned property

According to part two of article 18 of the Law of Ukraine "About privatization of the state-owned and municipal property", to the Law of Ukraine "About lease of the state-owned and municipal property" PRIKAZYVAYU:

1. Approve the Procedure for provision to the lessee of consent of the lessor of state-owned property to implementation of the integral improvements of leased state-owned property who is applied.

2. To submit to management of the rent relations this order on state registration to the Ministry of Justice of Ukraine in accordance with the established procedure.

3. Declare invalid the order of Fund of state-owned property of Ukraine of October 3, 2006 No. 1523 "About approval of the Procedure for provision to the lessee of consent of the lessor of state-owned property to implementation of the integral improvements of leased state-owned property", registered in the Ministry of Justice of Ukraine on October 18, 2006 for No. 1123/12997 (with changes).

4. To impose control of execution of this order on the First Deputy Chairman of Fund of state-owned property of Ukraine.

5. This order becomes effective from the date of its official publication.

Approved by the Order of Fund of state-owned property of Ukraine on May 25, 2018, No. 686

Procedure for provision to the lessee of consent of the lessor of state-owned property to implementation of the integral improvements of leased state-owned property

1. This Procedure is developed for the purpose of determination of the procedure of provision to the lessee of consent of the lessor of state-owned property to implementation of the integral improvements of leased state-owned property.

2. The procedure of provision to the lessee of consent of the lessor of state-owned property to implementation of the integral improvements of leased state-owned property includes the following stages:

1) submission of the statement and document package by the lessee;

2) consideration of the application and documentation of the lessee;

3) adoption of the relevant decision.

3. For consideration of question of consent provision to the lessee the lessee submits the application and the following documents for implementation of the integral improvements of leased state-owned property:

1) the description of expected improvements and expense budget on their carrying out;

2) information on feasibility of implementation of improvements of leased property;

3) instructions of bodies of fire supervision, labor protection (in case of their availability);

4) the certificate of the asset holder of lease project cost according to accounting data for the beginning of the current year;

5) the verified copy of the design estimates if other is not established by the lease agreement;

6) the report on results of examination of estimate part of the project documentation on implementation of the integral improvements.

4. Information on feasibility of implementation of the integral improvements is provided based on the documents provided by the lessee:

1) in case of lease of complete property complex, the building or construction - body, authorized to manage the corresponding state-owned property (in case of its availability);

2) in case of lease of rooms, parts of buildings and constructions - body, authorized to manage the corresponding state-owned property, either according to its order or in its absence - the asset holder.

5. In case of lease of complete property complex when implementing improvements due to the depreciation charges on leased state-owned property or other means the lessor for consideration of question of provision of consent to implementation of the integral improvements creates the commission with participation of representatives of body, the representative to manage property (in case of its availability).

6. In case of absence of body, authorized to manage the corresponding state-owned property, the lessor for consideration of question of provision of consent to implementation of the integral improvements of leased complete property complex, the building or construction, including due to the depreciation charges, creates the commission with participation of representatives of body which agreed to lease of the specified property, or his legal successor, and in case of their absence - representatives of the relevant local public administrations (in coordination).

7. Consent to implementation of improvements is provided taking into account conclusions of the commission and terms of the contract in the form of the letter of the lessor to the lessee who contains consent to improvement of leased property. In the letter it is indicated the need of first-priority use of the depreciation charges on leased property for implementation of improvements which increase the cost of leased state-owned property.

8. After receipt of consent the lessee constitutes the works schedule and represents it to the lessor.

9. After implementation of the integral improvements permited the lessee the lessee provides to the lessor information on completion of works with provision of signed copies by the customer and the contractor of acceptance acts of the performed works and documents confirming payment of the specified works.

10. The lessor shall within 5 working days after receipt of information on committed improvements introduce in the database of information retrieval subsystem of Fund of state-owned property of Ukraine "the Stage - Lease" information on content of improvements, expenses on improvement and source of their financing.

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