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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 3, 2021 No. 200

About approval of criteria for evaluation of admissibility of government assistance to subjects of managing on overcoming the effects caused by koronavirusny disease of COVID-19

According to Item "About government assistance to subjects of managing" the Cabinet of Ministers of Ukraine decides 9 parts two of article 6 of the Law of Ukraine:

Approve criteria for evaluation of admissibility of government assistance to subjects of managing on overcoming the effects caused by koronavirusny disease of COVID-19, which are applied.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 3, 2021 No. 200

Criteria for evaluation of admissibility of government assistance to subjects of managing on overcoming the effects caused by koronavirusny disease of COVID-19

General provisions

1. These criteria are applied by the Antimonopoly Committee (further - Authorized body) to evaluating admissibility of government assistance to subjects of managing for implementation of the temporary measures directed to support of economy in distribution terms of sharp respiratory disease of COVID-19, of SARS-CoV-2 caused by coronavirus (further - government assistance).

2. In these criteria the term "difficult situation of the subject of managing" means provision of the subject of managing concerning which, at least, one of the following conditions is carried out:

1) loss by the subject of managing more than a half of the authorized capital because of accumulated losses or for other reasons (except for subjects of small and medium entrepreneurship which exist less than three years);

2) concerning the subject of managing proceeedings about bankruptcy upon the demand of his creditors are open;

3) the subject of managing received the help on recovery of solvency and did not pay the credit yet or terminated guarantee or received the help on restructuring and still falls under action of the restructuring plan;

4) the subject of managing is not subject of small and medium entrepreneurship within the last two years:

the amount of balance sheet debt of the subject of managing more than in 7,5 of time exceeds equity amount;

interest coverage ratio of EBITDA for the subject of managing lower than 1.

Other terms are used in the value given in the Budget code of Ukraine, the Economic code of Ukraine, the Code of Ukraine on insolvency proceedings and the Laws of Ukraine "About government assistance to subjects of managing", "About protection of the economic competition", "About development and the state support of small and medium entrepreneurship in Ukraine", "About protection of the population against infectious diseases".

3. The government assistance is provided on purpose:

1) supports of subjects of managing which suffered owing to the quarantine established by the Cabinet of Ministers of Ukraine for the purpose of prevention of distribution in the territory of Ukraine of sharp respiratory disease of COVID-19, of SARS-CoV-2 caused by coronavirus (further - quarantine) which interferes to perform economic activity;

2) investment attraction for production of the goods connected with prevention, origin, distribution, treatment and prevention of sharp respiratory disease of COVID-19, of SARS-CoV-2 caused by coronavirus;

3) preserving employment of hired employees and ensuring continuation of economic activity of physical persons entrepreneurs for whom establishment of quarantine led to loss of part of the salary or the income.

4. The government assistance is provided in shape:

1) subsidies;

2) new guarantees on personal credits;

3) compensations of loan interest rates;

4) credits;

5) tax benefits and/or payment deferral of fees on social insurance, delays or payments by installments of tax payment, charges and other obligatory payments.

5. The government assistance is admissible if the conditions established by these criteria are satisfied.

6. The government assistance can be combined with insignificant government assistance or with other types of government assistance on condition of observance of the corresponding rules of combination which are established by rules of government assistance on other purposes.

7. These criteria are proved by the existing exceptional circumstances which arose in distribution terms of sharp respiratory disease of COVID-19, of SARS-CoV-2 caused by coronavirus (further - COVID-19), and will not be applied after the expiration of six months from the date of cancellation of quarantine.

The government assistance at the rate to 400 thousand euros for all subjects of managing which suffered owing to quarantine which interferes to perform economic activity

8. The government assistance is admissible in case of observance of all following conditions:

1) the total amount of government assistance does not exceed 400 thousand euros for one subject of managing (the amount equivalent to the amount of euro is determined by the official exchange rate established by National Bank as of the beginning of the period of action of quarantine);

2) the state support is provided in the form of subsidies, tax benefits, delay or payment by installments of tax payment, charges and other obligatory payments, guarantees, the credits provided that the total cost of such actions is 400 thousand euros for one subject of managing below hryvnia equivalent;

3) calculation of the size of government assistance is performed taking into account taxes, charges or other obligatory payments;

4) the government assistance is provided within the program with certain budget;

5) the government assistance cannot be provided to subjects of managing which already were in difficult situation as of December 31, 2019 if other is not provided by these criteria;

6) the government assistance can be given to subjects of small and medium entrepreneurship which as of the beginning of the period of action of quarantine got into difficulties provided that they are not subject to insolvency proceeding and did not receive the help on recovery of solvency or restructuring;

7) the state support is provided during the period of action of quarantine, but not later, than in six months after cancellation of quarantine. If the help is provided in the form of tax benefit, the tax liability concerning which the privilege is provided shall arise during the period of action of quarantine, but not later, than in six months after cancellation of quarantine.

Investment government assistance for production of the corresponding goods connected with prevention, origin, distribution, treatment and prevention of COVID-19

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