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Ministry of Justice of Ukraine

December 12, 2019

No. 1228/34199

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of December 6, 2019 No. 3928/5

About approval of the Procedure of control of activities of arbitration managers

(as amended on 26-08-2022)

According to the paragraph to the seventh Article part one 3, to Articles 20, of 21, 23 Codes of Ukraine on insolvency proceedings, the subitem of 1 Item 3, ORDER 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,:

1. Approve the Procedure of control of activities of arbitration managers which is applied.

2. Declare invalid the order of the Ministry of Justice of Ukraine of June 27, 2013 No. 1284/5 "About approval of the Procedure for control of activities of arbitration managers (managers of property, managing directors of sanitation, liquidators)", registered in the Ministry of Justice of Ukraine on July 3, 2013 for No. 1113/23645 (with changes).

3. 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".

4. This order becomes effective from the date of its official publication.

5. To impose control of execution of this order on the deputy minister Kolomiyets V. G.

Minister

D. Malyuska

Approved by the Order of the Ministry of Justice of Ukraine of December 6, 2019, No. 3928/5

Procedure of control of activities of arbitration managers

I. General provisions

1. This Procedure extends to arbitration managers, persons who perform activities of the arbitration manager and persons who can be involved in conducting check of activities of the arbitration manager in the cases provided by this Procedure.

2. Control of activities of arbitration managers according to this Procedure is exercised Ministry of Justice as state body concerning bankruptcy and interregional managements of Ministry of Justice (further - territorial authorities of Ministry of Justice) with the consent of Ministry of Justice.

The Ministry of Justice and its territorial authorities are control facilities.

3. This Procedure establishes:

the procedure of the organization and conducting checks of activities of arbitration managers (further - check);

powers of persons performing checks;

the rights and obligations of arbitration managers when conducting checks;

procedure for registration of results of check;

procedure for preparation by results of check of submission to the Disciplinary commission of arbitration managers (further - the Disciplinary commission) about involvement of the arbitration manager to disciplinary responsibility.

II. Organization of conducting checks

1. Control of activities of arbitration managers is exercised by carrying out scheduled and unscheduled inspections.

2. Control of activities of arbitration managers is exercised concerning observance of requirements of the Constitution of Ukraine by them, the Economic Procedure Code of Ukraine, the Code of Ukraine on insolvency proceedings, other legislation concerning bankruptcy and the legislation on compensation.

3. Control of activities of arbitration managers consists of such stages:

conducting check;

creation of the certificate of results of check of activities of the arbitration manager (further - the Reference);

provision by the arbitration manager of the commission on check of explanations, notes, objections to the Reference and/or elimination of the violations specified in the Reference;

creation of the inspection statement of activities of the arbitration manager (further - the Inspection statement) taking into account the Reference, explanations, notes, objections and the violations eliminated with the arbitration manager.

4. The term of conducting check cannot exceed for:

scheduled inspection - ten working days;

unscheduled inspection - five working days.

5. Scheduled inspection is carried out according to the plan of conducting checks of activities of arbitration managers approved by the order of Ministry of Justice, no more once in two years from date of appointment of the arbitration manager as economic court as the manager of property, the managing director of sanitation, the liquidator managing restructuring, the managing director of realization in the case of bankruptcy (insolvency), and in case of conducting preliminary planned inspection - from start date of its carrying out.

Scheduled inspection is not carried out in case of suspension of the right to implementation of activities of the arbitration manager for the term of more than 30 days.

6. The bases for carrying out unscheduled inspection is:

representation of the written application to arbitration managers in control facility about conducting check at his desire;

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