ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of August 13, 2019 No. 2535/5

About approval of the Procedure for passing qualification examination by persons who intend to perform activities of the arbitration manager activities of the arbitration manager

According to the paragraph of part one of Article 3 and part three of article 16 of the Code of Ukraine on insolvency proceedings, the subitem of 1 Item 3, to Item 10 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228, I ORDER the fourth:

1. Approve the Procedure for passing qualification examination as persons who intend to perform activities of the arbitration manager who is applied.

2. To the state company "National Information Systems" (Lurye S. S.) to perform organizational and technical actions for ensuring technical support of work of electronic system for conducting the automated anonymous testing of persons who intend to perform activities of the arbitration manager.

3. Declare invalid the order of the Ministry of Justice of Ukraine of January 14, 2013 No. 93/5 "About receipt of the certificate on the right to implementation of activities of the arbitration manager (the manager of the property managing sanitation, the liquidator)", registered in the Ministry of Justice of Ukraine on January 15, 2013 for No. 116/22648 (with changes).

4. To department concerning justice and safety (Oleynik A. N.) submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

5. This order becomes effective from the date of enforcement of the Code of Ukraine on insolvency proceedings, but not earlier than day of official publication of this order.

6. To impose control of execution of this order on the deputy minister of justice concerning executive service Glushchenko S. V.

Approved by the Order of the Ministry of Justice of Ukraine of August 13, 2019, No. 2535/5

Procedure for passing qualification examination by persons who intend to perform activities of the arbitration manager

I. General provisions

1. This Procedure determines organizational bases of holding qualification examination (further - examination), procedure for its delivery by persons who intend to perform activities of the arbitration manager (further - persons), procedure for estimation of knowledge at examination and establishments of its result.

2. Examination is held by passing by persons of the automated anonymous testing. Examination is held by the Qualification commission of arbitration managers (further - the Qualification commission).

3. The list of questions of the automated anonymous testing (further - test questions) for examination is developed and affirms the Qualification commission according to the list of obligatory questions on which training of persons who intend to perform activities of the arbitration manager determined by the Ministry of Justice of Ukraine is provided.

Samples of test questions are published on the official website of the Ministry of Justice of Ukraine.

4. The qualification commission develops test questions in official language with observance of confidentiality terms.

Test questions and possible answers on them shall be formulated unambiguously, not cause variability of interpretation.

5. The qualification commission creates and approves the schedule of holding examinations with indication of dates and time of their delivery.

6. The schedule of holding examinations and change to it are posted on the official website of the Ministry of Justice Ukraine on the Internet.

7. Information on persons allowed to passing an examination not later than seven days before its carrying out is posted on the official website of the Ministry of Justice Ukraine on the Internet and shall contain surnames, name, middle name (in the presence) persons who got the admission to passing an examination, date, time, the place of its carrying out.

8. In case of change of date, time, the venue of examination the Qualification commission not later than day notifies on it persons allowed to its delivery by placement of the corresponding message on the official website of the Ministry of Justice on the Internet.

II. The admission to passing an examination

1. Is allowed person who to passing an examination:

is citizen of Ukraine;

capable;

has the higher legal or economic education of the second (master) level;

has no criminal record;

it is capable to fulfill duties of the arbitration manager for health reasons;

has no prohibition to hold executive positions or it is not deprived of the right to hold certain positions or to be engaged in the certain activities connected with accomplishment of functions of the state or local self-government, or the activities equated to such activities;

has general length of service in at least three years or at least one year after receipt of the higher education on executive positions;

was trained according to the procedure, established by the Ministry of Justice;

passed training within six months according to the procedure, established by self-regulatory organization of arbitration managers;

knows official language.

2. Person submits the following documents to the Qualification commission:

the statement for the admission to passing qualification examination (appendix 1);

copies of the corresponding pages of the passport of the citizen of Ukraine which contain data concerning surname, name, middle name (in the presence), residence/stay place of registration (or passport copies of the citizen of Ukraine in the form of card and the certificate of registration of the place of accommodation/stay of person);

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