RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 3, 2020 No. 483

Some questions of lease of the state-owned and municipal property

According to part two of article 5 of the Law of Ukraine "About lease of the state-owned and municipal property" (further - the Law) the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for transfer to lease of the state-owned and municipal property which is applied (further - the Procedure).

2. Determine the state company "Prozorro. Sales" which belongs to the sphere of management of the Ministry of Economics, responsible for ensuring functioning of electronic trading system - the administrator of electronic trading system.

3. Determine that:

1) to legal relationship which are regulated by agreements of operation of gas-distribution systems or their components which owner is the state and also gas-distribution systems or their components which are on balance of joint-stock company "National joint stock company "Naftogaz of Ukraine" and its affiliated enterprises provisions of the relations of lease provided by Procedure are applied;

2) the Fund of state-owned property is the body authorized according to part seven of article 6 of the Law on cancellation or change of the decision of the asset holder (authorized body of management) or the lessor about inclusion/refusal in inclusion of object in one of Lists of the corresponding type;

3) property on which before enforcement of the Law contracts on transfer of the right to operation were signed, and also agreements provided by part three of article 2 of the Law after the termination of term of their action, but no later than in six months from the date of entry into force of this resolution in the List of the first type and are leased according to requirements of the Procedure. The party of such agreement after its termination has the privilege to the conclusion of the lease agreement of the property which is subject of such agreement;

4) the lessee who signed the lease agreement before enforcement of the Law performed inseparable improvements of leased property taking into account requirements of the Law of Ukraine of April 10, 1992 No. 2269-XII "About lease of the state-owned and municipal property" and provisions of the lease which action is extended with the acting lessee by results of auction for lease treaty extension has the right to transfer of the part of the cost of the inseparable improvements made by it determined according to Item 164 of the Procedure on account of the new rent equal parts monthly payments during effective period of the prolonged agreement, but not longer than within five years. At the same time the amount of the monthly rent reduced thus cannot be less than the size of the rent which was paid by such lessee for the month preceding date of auction on lease treaty extension;

5) lessors do not apply the right provided by the paragraph the fourth parts one of article 19 of the Law, do not perform the actions provided by the paragraph the second Procedure Item 135 and do not refuse prolongation of lease agreements which effective period ended during the period from December 1, 2019 to July 1, 2020, based on the fact that the lessee filed petition for treaty extension of lease before the termination of term of its action, but missed the submission due date of the valuation report of object of lease established by the Law;

6) prior to work of electronic trading system the Procedure regarding introduction (inclusion) and promulgation of information in electronic trading system, sending information on potential object of lease, filing of applications, including statements for lease, in electronic trading system, promulgation in electronic trading system of Lists, the lease agreements signed without holding the auction, changes and amendments to lease agreements, Articles provided by Articles 5, of 6, of 11, of 14, part eight 15, by part six of article 16 of the Law (regarding work of electronic trading system), is applied such method:

by the publication on official websites of lessors, and also in printing mass media if it is provided by the decision of representative body of local self-government or the body authorized by it;

by introduction of representation, sending in paper or electronically (without use of electronic trading system).

Sending information on potential object of lease prior to work of electronic trading system can be performed through electronic trading system in case of availability of such technical capability;

Procedure Item 149 regarding provision by the acting lessee of consent to payment of the rent equal to the price proposal of the participant who submitted the best price proposal for lot, prior consent to payment of the rent equal to the price proposal of the participant from the price offer following in size, by pressing of the corresponding electronic button in electronic trading system comes into effect from the moment of emergence of the corresponding technical capability in electronic trading system. Prior to work of electronic trading system consent (prior consent) is provided by filing of application about provision of such consent in the form determined by Fund of state-owned property together with the signed protocol of auction according to the procedure and the terms determined by Procedure for signing and transfer by the winner of auction of such protocol;

Items 63, of 85, of 149, 152 Procedures regarding the announcement in electronic trading system of auctions are applied by the automatic announcement of auctions by electronic trading system from the moment of emergence of the corresponding technical capability in electronic trading system. Until emergence of such opportunity the announcement of auctions in electronic trading system is performed by the lessor according to the procedure and the terms determined by the Law and Procedure;

Procedure Item 56 regarding procedure and the term of correction of technical mistakes (slips) in the announcement published in electronic trading system is applied from the moment of emergence of the corresponding technical capability in electronic trading system. Until emergence of such opportunity the procedure and term of correction of technical mistakes (slips) in the announcement published in electronic trading system (modification of announcements, consequences of introduction of such changes) are determined according to the Regulations of work of electronic trading system approved by the administrator of electronic trading system;

Items 113, 116 and 118 About regarding the procedure for representation, consideration of the applications on lease of object of lease represented by persons provided by paragraphs to the fourth, ninth part two of article 15 of the Law, and determination of person with whom the lease agreement will be signed before emergence of the corresponding technical capability in electronic trading system are applied according to appendix 1 to this resolution.

The administrator reports about emergence of technical capability by promulgation of the relevant information on own website;

7) in cases, the stipulated in Item 3 Sections "Final and Transitional Provisions" of the Law, the announcement of transfer of the corresponding property to lease it is created taking into account property value which was determined according to the legislation existing before enforcement of the Law;

8) on the protocol on results of electronic auction on lease of the state-owned and municipal property, the lease agreement (including the agreement signed as a result of treaty extension for new term), the agreement on modification of the lease agreement and the delivery-acceptance certificate of object of lease is electronically imposed the qualified digital signature taking into account requirements of the Laws of Ukraine "About electronic confidential services" and "About electronic documents and electronic document management", except cases when the winner of auction in writing insists on signing of such documents (lessee). The fund of state-owned property develops and publishes on the official website procedure for signing of these documents by means of the qualified digital signature.

4. To transfer to asset holders of the state-owned and municipal property within ten working days from the date of entry into force of this resolution information on objects of lease, the stipulated in Item 4 Sections "Final and Transitional Provisions" of the Law, to the relevant authorized bodies of management of such property.

To authorized bodies to transfer control within 20 working days from the date of entry into force of this resolution Fonda of state-owned property (the bodies authorized by representative bodies of local self-government) in the form established by Fund information obtained from asset holders.

To asset holders and authorized bodies to transfer control within two months from the date of entry into force of this resolution Fonda of state-owned property (the bodies authorized by representative bodies of local self-government) information on objects of lease, the stipulated in Item 4 Sections "Final and Transitional Provisions" of the Law, in amount, stipulated in Item 26 About.

5. To the fund of state-owned property, bodies authorized by representative bodies of local self-government:

1) within 30 working days from the date of entry into force of this resolution to publish on own official websites, and also in printing mass media and in the information and analytical automated systems (in the presence) information on objects of lease, the stipulated in Item 4 Sections "Final and Transitional Provisions" of the Law, in amount, available for lessors at the time of the publication, and within three months from the date of entry into force of this resolution - in amount, stipulated in Item 26 About;

2) within one month later began works of electronic trading system to enter into electronic trading system information on objects of lease, the stipulated in Item 4 Sections "Final and Transitional Provisions" of the Law which as of start date of work of electronic trading system were not leased, in amount, stipulated in Item 26 About.

6. To asset holders and authorized bodies of public administration and municipal property in a month from the effective date this resolution:

promulgate on own official websites the agreements provided by the subitem 3 of Item 3 of this resolution and also other civil agreements based on which the third parties have right to use the state-owned or municipal property, including agreements of free use, cooperation agreements and loan agreements;

submit to Fund of state-owned property (the bodies authorized by representative bodies of local self-government) information concerning such agreements in amount according to appendix 2 to this resolution.

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

8. This resolution becomes effective from the date of its publication, except appendix 4 to the Procedure which becomes effective from the date of publication of this resolution in a month.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 3, 2020, No. 483

Procedure for transfer to lease of the state-owned and municipal property

General part

1. This Procedure determines the mechanism of transfer to lease of the state-owned and municipal property, including features of its transfer to lease according to provisions of the Law of Ukraine "About lease of the state-owned and municipal property" (further - the Law).

The mechanism of lease of property of other patterns of ownership can be regulated by provisions of this Procedure if other is not stipulated by the legislation also the lease agreement.

The relations of lease of personal and real estate of the state companies, including state companies, the companies of defense industry complex included in structure of Ukroboronprom State concern are regulated by this Procedure taking into account the features provided by the Law of Ukraine "About some questions of debt of the companies of defense industry complex - members of Ukroboronprom State concern and ensuring their stable development" and the Law of Ukraine "About features of management of objects of state-owned property in defense industry complex". Concerning objects of lease which belong to objects of state-owned property in defense industry complex the Ukroboronprom State concern provides consent to lease of state-owned property.

2. In this Procedure terms are used in such value:

1) authorization data - identification data which are created by the participant during passing of registration in electronic trading system through electronic platform, by means of which its powers on access to private office and making of any actions in electronic trading system for participation in electronic auctions are performed;

2) stage of submission of price offers for running an electronic auction - period during which all participants are given opportunity to do price offers according to this Procedure;

3) stage of submission of price offers for running an electronic auction by method of step-by-step decrease in the starting rent and the subsequent submission of price offers - the period consisting of two periods - the period of submission of the closed price offers by all participants, besides, which relied and the period of submission of the price offer by the participant who relied;

4) the closed price offer for running an electronic auction - the amount of means which payment is declared by the participant before running an electronic auction and moves in private office through the operator of an electronic trading platform in electronic trading system before the termination of deadline of filing of applications on participation in electronic auction;

5) the closed price offer for running an electronic auction by method of step-by-step decrease in the starting rent and the subsequent submission of price offers - the amount of means which payment is declared by participants in electronic trading system, besides, which relied;

6) individual code of the participant - set of figures and letters automatically appropriated by electronic trading system to the participant after its registration for participation in electronic auction;

7) bid increment for running an electronic auction and electronic auction with lowering of the starting price - the minimum allowance on which during the electronic auction or at stage of submission of the closed price offers increase in the price offer can be performed;

8) bid increment for running an electronic auction by method of step-by-step decrease in the starting rent and the subsequent submission of price offers - discount on which during the electronic auction decrease in the starting rent for lot during the period of running an electronic auction until automatic implementation of the last of certain steps or until implementation of rate by the participant, and the minimum allowance on which during the electronic auction increase in the price offer can be performed is automatically and gradually performed;

9) lot - object of lease which is offered for electronic auction;

10) private office - part of electronic trading system which gives the chance to the lessor, to the asset holder, the potential lessee, authorized body of management, the participant to perform activities in electronic trading system according to this Procedure;

11) the period of giving of rate in electronic auction by method of step-by-step decrease in the starting rent and the subsequent submission of price offers - period between start of electronic auction and each subsequent automatic step-by-step decrease in the starting rent during which the participant has the right to make rate which corresponds to current price of lot;

12) the period of running an electronic auction by method of step-by-step decrease in the starting rent and the subsequent submission of price offers - period during which automatic step-by-step decrease in the starting rent for lot on the quantity of steps determined according to requirements of this Procedure and submission of price offers (in case of implementation of rate by the participant) on the conditions established by this Procedure is performed;

13) payment for participation in auction (remuneration of the operator) - the monetary reward of the operator of an electronic trading platform which is subtracted from the amount of the guarantee fee paid by the winner of electronic auction according to the procedure and the sizes determined by this Procedure according to the contract between the operator of an electronic trading platform and the participant;

14) prior consent to expectation - the assurance of the participant of auction provided to the operator of an electronic trading platform, that in case of introduction of the second-large price offer by it / the closed price offer / rate he agrees to expectation of results of electronic auction according to this Procedure and to receipt of its guarantee fee after the moment determined by this Procedure;

15) current price of lot - the rent for lot which is displayed in real time and is effective during the period between the beginning of automatic step-by-step decrease in the starting rent for object of lease, including period between making of the last step and completion of electronic auction by method of step-by-step decrease in the starting rent and the subsequent submission of price offers;

16) the applied program interface - the interface of programming of appendices, access to which is provided as open code which determines functionality, provided by electronic trading system, and intended for connection of electronic platforms (operators of electronic platforms) to electronic trading system;

17) rate - the action of the participant made during the electronic auction by method of step-by-step decrease in the starting rent and the subsequent submission of price offers which stops automatic step-by-step rent decrease for lot and demonstrates the consent of the participant to pay current price of lot, by pressing of the electronic button in the interface of the module of electronic auction with use of the corresponding functionality of electronic trading system;

18) unique hyperlink - the text with record of the address of the website on the Internet, pressing which allows to pass to the page of electronic auction in electronic trading system and possibility of participation in electronic auction and is single participant identifier;

19) the participant - the physical person or the legal entity on behalf of the authorized representative who expressed intention to participate in electronic auction paid registration and warranty fees, underwent the procedure of registration for participation in electronic auction, received the corresponding confirmation about registration and individual code of the participant according to this Procedure;

20) the price offer for running an electronic auction by method of step-by-step decrease in the starting rent and the subsequent submission of price offers - the amount of means which payment is declared by the participant who relied;

21) the price offer for running an electronic auction - the amount of means which payment is declared by the participant during the electronic auction.

Other terms are used in the value given in the Law.

Functioning of electronic trading system

3. Forming of protocols on results of electronic auctions is performed in electronic trading system automatically in day of the end of electronic auction and if for participation in auction any auction participation application is not submitted or such application from one lessee, - in day of the expiration of deadline of filing of applications is submitted for participation in electronic auction in the form promulgated on the official website of the administrator of electronic trading system.

Features of functioning of electronic trading system for preparation and holding electronic auctions are determined by the administrator in regulations of work of electronic trading system.

4. Access to electronic trading system is provided only through the services provided by operators of electronic platforms according to this Procedure.

5. The information access, placed in electronic trading system, is provided by means of the applied program interface.

6. Information in electronic trading system is placed in Ukrainian and in cases when use of letters of the Ukrainian alphabet (symbols) leads to misstatement of such information, - in English or other languages. Use of Latin and other symbols in writing of words Cyrillics is not allowed.

7. The potential lessee and the lessor get access to electronic trading system through the services provided by the operator of an electronic trading platform. For participation in electronic auction the operator of an electronic trading platform provides the participant with unique hyperlink on which temporary direct access to the interface of the module of electronic auction in electronic trading system is provided.

8. The administrator provides the round-the-clock functioning of electronic trading system, except period during which upgrade of electronic trading system (scheduled works) and access to electronic trading system will be performed will be temporarily stopped, and technical capability of access to electronic auction, including to information on its carrying out. The electronic trading system works by the Kiev date and time. Format of designation of date in electronic trading system are year, month, day.

The electronic trading system provides possibility of installation of the beginning of running an electronic auction during working hours (Monday - Friday from 9 to 18 o'clock).

9. Formats of designation of time are hours; hours and minutes; minutes, seconds and milliseconds (time is specified in 24-hour format).

10. Any action made in electronic trading system from private office of the potential lessee, and the lessor, the asset holder and authorized body of management is considered committed corresponding face.

11. Participants send request in electronic trading system via the interface of electronic platform in text form without possibility of accession of files.

12. Participants send requests of rather electronic auction before the termination of the day preceding day of running an electronic auction.

All requests are stored in electronic trading system.

13. Information on the participants who sent request reveals only after the moment of the end of electronic auction.

Procedure for inclusion of object of lease in the List of the corresponding type

14. The potential lessee interested in receipt of property in lease through electronic trading system files to the lessor petition for inclusion of such property in the List of the corresponding type.

The order of registration of the potential lessee in electronic trading system for submission of the statement for inclusion of property in the List of the corresponding type by it is determined according to rules of functioning of electronic platform for which such lessee submits the application.

The application for inclusion of property in the List of the corresponding type is submitted by filling of electronic form through private office in electronic trading system and loadings of electronic copies of documents, the stipulated in Item 15 presents About.

The operator of an electronic trading platform not disclose the name and/or surname, name, middle name and other information on potential lessees who submitted the application for inclusion of property in the List of the corresponding type.

15. The potential lessee specifies the following data in the statement:

information known to it on potential object of lease which allows to identify it;

the desirable size of the area of the object in case the application is submitted only concerning part of object;

purpose on which object of lease is planned to use, according to appendix 3;

desirable lease term and in case object is planned to use pochasovo - the desirable schedule of use of object;

type of the List in which it is offered to include object of lease;

reasons for feasibility of inclusion of property in the List of the second type if the application is submitted concerning inclusion of property in such List;

contact information of the applicant (the postal address, phone number, the e-mail address), and for legal entities - also identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine.

In case of submission of the statement for inclusion of property in the List of the second type to the application the documents provided by appendix 1 are enclosed.

16. In case of absence at the potential lessee of information concerning the lessor of property in which lease of property it is interested such lessee files petition for the inclusion of property in the List of the corresponding type in representative body of local self-government or the body determined by it, the body authorized by the Verkhovna Rada of the Autonomous Republic of Crimea or Fund of state-owned property of Ukraine, its regional department, representation (determined by Fund of state-owned property of other structural divisions) in the location of the corresponding property according to the procedure provided   by Items 14 and 15 of this Procedure.

If the potential lessee addressed to representative body of local self-government or the body determined by it, or the body authorized by the Verkhovna Rada of the Autonomous Republic of Crimea, relevant organ within five working days from the date of receipt of the statement:

transfers him and the documents attached to it (if necessary) to the proper lessor; or

notifies the potential lessee that this property is not municipal property or property of the Autonomous Republic of Crimea.

If the potential lessee addressed to Fund of state-owned property of Ukraine, its regional departments or representations (others, the structural divisions determined by Fund of state-owned property), then relevant organ within three working days from the date of receipt of the statement:

transfers the statement and documents attached to it according to this Procedure, to the asset holder of such property according to Item 17 of this Procedure; or

notifies the potential lessee that such property is not state-owned property.

17. The received application of the potential lessee and documents attached to it according to this Procedure are transferred by the lessor to the asset holder of such property within three working days from the date of receipt of the corresponding statement, except cases when the lessor and the asset holder of property are one person.

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