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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 17, 2019 No. 645

About approval of the Procedure for placement, acquisition, lease, alienation and features of construction of facilities of real estate for needs of foreign diplomatic organizations of Ukraine

According to article 43 of the Law of Ukraine "About diplomatic service" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for placement, acquisition, lease, alienation and feature of construction of facilities of real estate for needs of foreign diplomatic organizations of Ukraine which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 17, 2019 , No. 645

Procedure for placement, acquisition, lease, alienation and feature of construction of facilities of real estate for needs of foreign diplomatic organizations of Ukraine

General questions

1. This Procedure determines the mechanism of providing foreign diplomatic organizations of Ukraine with real estate units (further - foreign diplomatic organizations) in foreign states, and also their alienations because of loss of feasibility of further use of such property, in case of change of the status, the location or liquidation of diplomatic organizations.

Real estate units of foreign diplomatic organizations treat: buildings and constructions (administrative, housing, garage, economic), the parcels of land on which they are placed, the parcels of land for implementation further of construction.

2. The MFA provides the information on the real estate units in particular built, acquired in state-owned property of Ukraine or alienated in the procedure determined by the legislation in Fund of state-owned property for the purpose of modification of the Unified register of objects of state-owned property.

3. The MFA records leased real estate for placement of foreign diplomatic organizations.

4. The MFA approves the plan of extension of the list of real estate units of Ukraine abroad for requirements of foreign diplomatic organizations on planned and following for planned two budget periods.

The MFA determines the need for funds for lease and extension of the list of real estate units of Ukraine abroad for requirements of foreign diplomatic organizations and specifies it in the budget request on planned and following for planned two budget periods.

Placement of foreign diplomatic organizations

5. Placement of foreign diplomatic organizations is performed as follows:

acquisition of real estate units in state-owned property of Ukraine by acquisition (purchase), donation, construction, lease with repurchase right or financial leasing;

exchange (exchange) of real estate units according to international treaties of Ukraine;

lease of real estate units.

Acquisition of real estate units

6. According to the plan of extension of the list of real estate units of Ukraine abroad for requirements of foreign diplomatic organizations the MFA studies offers of foreign diplomatic organizations which shall contain:

the written consent of competent authorities of the state of placement to placement of foreign diplomatic organizations to the corresponding address;

the documents certifying the property right to real estate;

the draft agreement or other agreement on acquisition of property right to real estate;

photo and video content of real estate units;

the situational plan with indication of objects in radius of one kilometer;

scheme of engineering networks (in the presence);

assessment of opportunities of fulfillment of requirements of complex safety of real estate units;

characteristics of the parcel of land;

information of competent authorities on possibility of demolition of buildings, constructions and green plantings;

characteristics of the building, and in case of placement of real estate units in the territories with difficult engineering-geological, seismic and climatic conditions - also expert evaluation of relevant organ of the state of placement;

certificate of relevant organ of technical condition of buildings, constructions and communications;

the document confirming the project cost of real estate, executed according to the legislation of the state of its placement;

requirements to insurance of real estate units and other essential conditions of acquisition and registration of the real estate unit;

the taxes established by the legislation of the state of placement, charges and other payments connected with registration and acquisition of property right to real estate;

certificates of relevant organs of lack of encumbrances and restrictions of the real estate unit;

information of competent authority of the state of placement on belonging of objects of acquisition to objects of cultural heritage.

Other materials characterizing real estate and its location can be provided.

7. By results of processing of offers of foreign diplomatic organizations the MFA initiates in two-month time before the Cabinet of Ministers of Ukraine coordination of acquisition of real estate units and creation of interdepartmental working group.

Interdepartmental working group employees of the Secretariat of the Cabinet of Ministers of Ukraine, the MFA, the Ministry of Finance, the Ministry of Economic Development, Fund of state-owned property, the Ministries of Regional Development, the SSU, Service of foreign intelligence are included. The state secretary the MFA heads interdepartmental working group.

By results of work (with departure in the corresponding foreign state) the interdepartmental working group prepares the report and develops the draft of the relevant decision to the Cabinet of Ministers of Ukraine. The MFA sends to the Cabinet of Ministers of Ukraine the draft decision or reports about inexpediency of implementation of acquisition of real estate units.

8. According to the decision of the Cabinet of Ministers of Ukraine the foreign diplomatic organization performs preparation for signing of the draft agreement of purchase and sale or other transaction on acquisition of the real estate unit then sends such project for coordination in the MFA.

The MFA approves the draft agreement or other transaction on acquisition in state-owned property of the real estate unit and confers appropriate authority to the head of foreign diplomatic organization on its signing.

9. The original document, certifying the property right to real estate, or its notarized copy (if the legislation of the state of placement provides obligation of storage by the owner of the original of such document), drawn up according to requirements of the legislation of the state of placement of real estate, is sent to the MFA and stored in the Public industry Records Office of diplomatic service.

Acquisition in state-owned property of Ukraine of real estate units in gift, by lease with repurchase right or financial leasing

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