It is registered
Ministry of Justice of Ukraine
November 27, 2018
No. 1344/32796
of October 18, 2018 No. 1329
About approval of the Procedure for appeal of results of check of accomplishment of terms of the contract of purchase and sale of subject to privatization in privatization authority
According to article 27 of the Law of Ukraine "About privatization of the state-owned and municipal property" PRIKAZYVAYU:
1. Approve the Procedure for appeal of results of check of accomplishment of terms of the contract of purchase and sale of subject to privatization in privatization authority which is applied.
2. Declare invalid the order of Fund of state-owned property of Ukraine of April 7, 2005 No. 878 "About approval of the Procedure for appeal of results of check of accomplishment of terms of the contract of purchase and sale of subject to privatization in state body of privatization", No. 436/10716 registered in the Ministry of Justice of Ukraine on April 26, 2005 (with changes).
3. To provide to management of control of post-privatization processes of Internal audit and control department submission of this order in the procedure established by the legislation on state registration in the Ministry of Justice of Ukraine.
4. I reserve control of execution of this order.
5. This order becomes effective from the date of its official publication.
Acting as Chairman Fonda
V. Trubarov
It is approved: Chairman of the Public regulatory service of Ukraine |
K. Lyapina |
Acting as the Chief executive of Association of the cities of Ukraine |
V. V. Sidorenko |
Vice-chairman Rukovoditel of Executive directorate of All-Ukrainian association of village and settlement councils |
M.S.Poyedinok |
Vice-chairman of the Secretariat of the Ukrainian association of regional and regional councils |
I. B. Korduba |
Approved by the Order of Fund of state-owned property of Ukraine of October 18, 2018, No. 1329
1. This Procedure determines appellate procedure by the owner of the subject to privatization acquired according to the purchase and sale agreement (further - the owner of subject to privatization), results of check of accomplishment of terms of the contract of the purchase and sale performed by privatization authority.
2. This Procedure is developed for the purpose of creation for the owner of subject to privatization of possibility of settlement of the matters of argument connected by c disagreement of the owner of subject to privatization with results of check of accomplishment of terms of the contract of purchase and sale, in privatization authority is preliminary before acceptance of other stipulated by the legislation measures for protection of the rights.
This Procedure does not prohibit to the applicant to perform other measures for protection of the rights according to the legislation without appeal to privatization authority.
3. Contents of separate Sections, and the general conclusions stated in the inspection statement can be appeal subject according to this Procedure both.
1. The application is submitted by the applicant to privatization authority which performed check, no later than 10 days from the date of receipt by it of the inspection statement which is drawn up in the procedure established by the legislation.
2. The statement is stated in writing, sent to privatization authority by mail or moves by proxy the representative.
Are specified in the statement:
the name of legal person applicant (surname, name, middle name of physical person applicant) and the address to which it is necessary to send the decision (answer);
date of the inspection statement which is appealed, surname, name, middle name and position of person which constituted it;
essence of the raised question, reasons for disagreement with the conclusions stated in the inspection statement;
the list of documents which the owner of subject to privatization considers to enclose to the application expedient.
3. The application is signed by the owner of subject to privatization or person authorized by it.
4. If the application is submitted by the authorized representative on behalf of the owner of subject to privatization, the power of attorney which is drawn up according to the legislation is attached to it.
5. The application issued without observance of the requirements determined by this Section returns to the applicant the letter of privatization authority with indication of return reason to 15-day time from the date of its receipt in privatization authority. The letter of privatization authority is sent to the address specified in the statement with the assurance of receipt. The owner of subject to privatization has the right to repeated submission to privatization authority of modifed documents. The term during which the owner of subject to privatization has the right to finish documents and to repeatedly submit them to privatization authority, is determined in the letter of privatization authority depending on each case, but at least 10 days from the date of receipt by the addressee of the letter of privatization authority. If term is not determined, it constitutes 15 days from the date of receipt by the addressee of the letter of privatization authority.
6. De novo review of the statement by privatization authority is performed according to this Procedure.
7. The application submitted after completion of current of term for appeal of the inspection statement returns to the owner of subject to privatization by the letter of privatization authority to 15-day time from the date of its receipt in privatization authority.
8. The privatization authority has the right to extend the term of appeal of the inspection statement on condition of provision by the owner of subject to privatization of documentary confirmation of the reasons of the omission of this term.
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