of August 27, 1997 No. 939
About approval of the Procedure for liquidation of the unprofitable coal-mining and uglepererabatyvayushchy companies
According to article 3 of the Law of Ukraine "About procedure for debt write-off of the coal-mining and uglepererabatyvayushchy companies belonging to the sphere of management of the central executive bodies providing forming also implement state policy in coal and industrial complex, are liquidated according to the decision of the Cabinet of Ministers of Ukraine, before the Government budget Ukraine both local budgets and the state trust funds" DECIDES: the Cabinet of Ministers of Ukraine
2. Approve the list of the unprofitable coal-mining companies of the Department of Energy which are liquidated it (is applied).
Provide to Department of Energy implementation of actions for liquidation of the specified companies according to the Procedure approved by this resolution.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 27, 1997, No. 939
1. This Procedure determines features of liquidation of the unprofitable coal-mining and uglepererabatyvayushchy companies on which operation of the Law of Ukraine "Expatiates on procedure for debt write-off of the coal-mining and uglepererabatyvayushchy companies belonging to the sphere of management of the central executive bodies which provide forming and implement state policy in coal and industrial complex which are liquidated according to the decision of the Cabinet of Ministers of Ukraine, before the Government budget of Ukraine both local budgets and the state trust funds" (further - the mountain company).
2. The mountain company which is not capable to carry out the activities provided by the charter and which further activities according to the feasibility statement are recognized as inexpedient is subject to liquidation.
3. Liquidation of the mountain company provides implementation of actions for the termination of economic activity, reduction of its business assets to condition which guarantees safety of people, property and the environment, social protection of workers who are released, and also the solution of other social and economic problems.
Decision making about liquidation of the mountain company
4. The decision on liquidation of the mountain company is made by the Cabinet of Ministers of Ukraine according to the offer of the Ministry of Energy approved in accordance with the established procedure with the interested executive bodies, including with the relevant Regional State Administrations.
Offers concerning liquidation of the mountain company prepare on the basis technical and economic reasons for inexpediency of its further operation or based on the project of liquidation of this company.
5. The feasibility statement on inexpediency of further operation of the mountain company is developed if the available coal resource can provide it to the robot over three years. The specified reasons shall contain:
the name of the mountain company which is offered to liquidate, its characteristic and the location information;
reasons for feasibility of liquidation of the mountain company and implementation of actions for its carrying out;
the main technical solutions concerning hydroecological safety on operating plants and the nearby territories;
term of liquidation and basic provisions of its organization;
data on condition and quality of coal resource which remain, possibility of their further exercise, transfer to other operating coal-mining company or write-off from accounting;
offers of rather possible recovery of mining operations, uses of excavations, buildings, constructions (taking into account change of pattern of ownership on property of the company);
social and economic and ecological forecast of effects of liquidation of the company.
6. The cost of liquidation of the mountain company is calculated according to the features approved by the State committee on questions of construction and architecture.
The feasibility statement on inexpediency of further operation of the mountain company affirms the Ministry of Energy based on the conclusions of industry examination.
Liquidation of the mountain company is carried out on the corresponding project (in the presence of the feasibility statement - the working project) which passed complex state examination and is approved by the Ministry of Energy.
The project of liquidation consists of social and economic reasons, technical solution, offers of rather possible recovery of mining operations, use of excavations, buildings and constructions, actions directed to prevention of dangerous influence on operating plants, state of environment and human health and also on overcoming negative social and economic effects of such liquidation.
Liquidation of the mountain company
7. Based on the decision on liquidation of the mountain company Ministry of Energy not later than year prior to its carrying out issues the relevant order in which actions for preparation of the mountain company for liquidation are determined, the faces responsible for their carrying out, date of cessation of work on production (conversion) of coal and works start date on liquidations of the mountain company, terms their accomplishment, and also the companies to which functions on carrying out according to the approved project of liquidation of the mountain company of the actions directed to overcoming social and economic, hydroecological and other negative effects of this liquidation and for implementation of constant control of condition of the mountain company which is liquidated are assigned or shall function in the permanent water-removing mode (further - the customer).
8. During preparation of the mountain company for liquidation actions are performed on:
preparation for transfer or write-off of the coal resource, other minerals, excavations, equipment and the equipment not necessary for performance of works connected with physical liquidation of the mountain company according to acts of the legislation;
to reducing number of workers;
to debt repayment on payment to workers of the salary and other social payments for indemnification, caused to health during execution of them labor obligations;
to non-paid ensuring with coal categories of persons determined by part seven of article 43 of the Mountain law of Ukraine;
to execution of the state act on ownership or use of the parcels of land;
to environmental protection and prevention of dangerous influence on operating plants, buildings, constructions, state of environment and human health.
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