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Ministry of Justice of Ukraine

August 15, 2019

No. 925/33896

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.

The deputy minister concerning state registration

I. Sadovskaya

It is approved:

CEO of the state company "National Information Systems"

 

S. Lurye

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 according to the list of obligatory questions on which training of persons who intend to perform activities of the arbitration manager, certain Ministry of Justice is provided. Examination is held by the Qualification commission of arbitration managers (further - the Qualification commission).

3. The list of questions of the automated anonymous testing (test questions and tasks) for examination develops structural division of the Ministry of Justice which provides realization of powers of state body concerning bankruptcy (further - structural division of Ministry of Justice), and the Qualification commission claims.

4. The structural division of Ministry of Justice develops test questions and tasks in official language with observance of confidentiality terms.

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

5. Monitoring of relevance of test questions and tasks is performed constantly. In case of cancellation or change of precepts of law on which test questions and tasks are based not later than month prior to the examination test tasks are brought to urgent state.

Test questions and tasks, possible answers on them are not subject to promulgation.

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

7. The schedule of holding examinations is posted on the official website of the Ministry of Justice on the Internet.

8. Information on persons allowed to passing an examination not later than one day before its carrying out is posted on the official website of the Ministry of Justice on the Internet and shall contain surnames, names, middle names of persons who got the admission to passing an examination, date, time, the place of its carrying out.

9. 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;

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

underwent training and training within six months according to the procedure, established by the Ministry of Justice;

is fluent in official language.

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

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

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 (ID) and the certificate of registration of the place of accommodation/stay of person);

the copy of the diploma about the higher legal or economic education of the second (master) level;

certificate of lack of criminal record;

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