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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 23, 2020 No. 993

About approval of the Procedure for holding auctions for sale of special permissions to use of natural resources

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 26.07.2022 No. 836)

According to part six of article 16 of the Code of Ukraine about subsoil the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for holding auctions for sale of special permissions to use of natural resources which is applied.

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

3. This resolution becomes effective from the date of its publication, except paragraph two of Item 33 of the Procedure approved by this resolution which becomes effective along with Procedure for functioning of electronic office of the subsoil user.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 23, 2020 , No. 993

Procedure for holding auctions for sale of special permissions to use of natural resources

1. This Procedure determines the procedure of sale at auction, by carrying out the electronic biddings of special permission to use of natural resources within the territory of Ukraine, its continental shelf and exclusive (sea) economic zone (further - permission).

2. Terms which are used in this Procedure have such value:

1) the administrator of electronic trading system selling permissions (further - the administrator) - the legal entity registered in the procedure established by the legislation which according to the agreement signed with Gosgeonedrami provides functioning of the database of electronic trading system selling permissions;

2) auction - method of sale of permissions by carrying out the electronic biddings (auction);

3) the guarantee fee - payment which is made by the applicant for acquisition of participant status of auction by money transfer into the account of the organizer (operator) of electronic platform specified in the announcement of holding the auction;

4) the purchase and sale agreement of permission - the agreement which is signed between Gosgeonedrami and the winner of auction;

5) the purchase and sale agreement of permission with suspensive circumstance - the agreement which is signed between Gosgeonedrami and the winner of auction in case of determination by the winner of auction of the foreign legal entity which at the time of signing of the protocol of auction has no the representation registered in Ukraine;

6) electronic platform - the hardware and software connected to electronic trading system selling permissions which functions on the Internet and provides to applicants, participants and the organizer of auction (operator), Gosgeonedram and/or to Council of Ministers of the Autonomous Republic of Crimea opportunity to use services of such system with automatic exchange of information concerning procedures of holding the auction;

7) the closed price offer - the amount of means, intention and which possibility of payment is reported by the participant of auction in its personal account and moves through the organizer of auction or the operator of an electronic trading platform of electronic trading system selling permissions. The right to submission of such price offer arises at the participant of auction after receipt of confirmation by it about transfer of the guarantee fee into the account of the organizer (operator) of auction before the termination of term of adoption of auction participation applications and provides possibility of participation in it. The closed price offer cannot be below starting price of lot;

8) the applicant - the physical person entrepreneur or the legal entity (including the foreign legal entity) who submitted the application for participation in auction means of electronic trading system selling permissions;

9) bid increment - the fixed minimum allowance on which during the auction increase in starting and each subsequent price of lot is performed. The bid increment is determined by the following scale:

hryvnias

Starting price of lot

Bid increment

To 4999

1000

From 5000 to 9999

2000

From 10000 to 99999

5000

From 100000 to 999999

10000

From 1000000 to 2999999

20000

From 3000000 to 4999999

30000

From 5000000 to 9999999

50000

From 10 000 000 to 19 999 999

100 000

From 20 000 000 to 29 999 999

200 000

From 30 000 000 to 39 999 999

300 000

From 40 000 000 to 49 999 999

400 000

From 50 000 000 and more

500 000;

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