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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 28, 2021 No. 630

Some questions of calculation of the rent for state-owned property

According to part two of article 17 of the Law of Ukraine "About lease of the state-owned and municipal property" the Cabinet of Ministers of Ukraine decides:

1. Approve the Method of calculation of the rent for state-owned property which is applied.

2. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

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

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 28, 2021 No. 630

Method of calculation of the rent for state-owned property

1. This Technique determines the mechanism of determination of the size of the hire charge of the objects determined by part one of article 3 of the Law of Ukraine "About lease of the state-owned and municipal property" (further - the Law).

2. In case lessor of the state-owned real estate is the asset holder, the amount of the rent is approved with the body determined by the Item "and" of part two of article 4 of the Law, according to the procedure, approved by Fund of state-owned property. In case lessor of the state-owned real estate is the asset holder whose funds from lease of property are in full allocated for accomplishment of authorized tasks of such asset holder according to the Procedure for transfer to lease of the state-owned and municipal property approved by the 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" (The Official Bulletin of Ukraine, 2020, No. 51, of the Art. 1585) (further - the Procedure), the amount of the rent is approved by authorized body of property management of the asset holder if the charter/provision of the asset holder provides need of such obligatory coordination of the amount of the rent with it.

3. The amount of the rent for real estate and other separate individually certain property which is transferred to diplomatic representations, consular establishments of foreign states, representative offices of the international organizations in Ukraine for accomplishment of the functions and which asset holder is the state company for ensuring functioning of diplomatic representations and consular establishments of foreign states, representative offices of international intergovernmental organizations in Ukraine of Public administration by cases except case, stipulated in Item the 19th this Technique, is calculated according to the Technique by results of independent assessment and by agreement of the parties can be changed in the procedure established by the legislation, but anyway there cannot be less calculated rent by this Technique.

The amount of the rent for real estate lease, leased to diplomatic representations, consular establishments of foreign states, representative offices of the international organizations in Ukraine, is approved only with governing body of property of the company.

In case of the conclusion of the lease agreement with diplomatic representations, consular establishments of foreign states, representative offices of the international organizations in Ukraine (except agreements under which rent is settled by international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine) the rent can be established in currency which according to the Qualifier of foreign currencies and bank metals approved by the resolution of Board of National Bank of February 4, 1998 No. 34, concerns to 1 group (convertible currencies which are widely used for implementation of payments on the international transactions, currencies of member countries of the European Union and bank metals). The rent for basic month of calculation is determined in such currency by the official rate of National Bank as of 1 number of basic month of calculation. The specified rent is exempted from adjustment on the inflation index.

4. The hire charge of other separate individually certain property does not join maintenance costs of leased property and service fee which according to the signed agreement the asset holder shall provide to the lessee.

5. Expense recovery of the asset holder for content of leased property (including places public and the house adjoining territory) and provision of utilities to the lessee is performed according to the agreement signed between the asset holder and the lessee whose approximate form affirms Fund of state-owned property.

6. In case of real estate lease (except real estate lease by the lessees specified in Item 13 of this Technique) and other separate individually certain property the amount of the annual rent is determined by formula:

 

рис.1 к Пост. от 28.04.2021 г. №630

where

Opl

- amount of the annual rent, UAH;


Vp

- the cost of leased property determined by carrying out independent assessment (excluding tax on value added), hryvnias;


Litter

- the rental rate determined according to appendix 1 (in case of the conclusion of the contract with the lessee according to article 15 of the Law) or to appendix 2 (for lease agreements which proceed for the first time) or Item 14 of this Technique for other separate individually certain property.

7. The amount of the rent for basic month of lease of real and other separate individually certain estate is determined by formula:

рис.2 к Пост. от 28.04.2021 г. №630

where

рис.2-1 к Пост. от 28.04.2021 г. №630

- amount of the monthly rent, hryvnias.

If between date of determination of the rent for basic month and signature date of the delivery-acceptance certificate of property passed more than one complete calendar month, the amount of the rent for the first month of lease is established by adjustment of the rent for basic month on the inflation index in the months which passed from the date of determination of the rent for basic month.

8. The amount of the daily rent is calculated on the basis of the amount of the monthly rent at the rate of the number of days in month of the actual use on formula:

рис. 3 к Пост. от 28.04.2021 г. №630

where

Opl.dop

- amount of the daily rent, UAH;


X

- the number of days in month of the actual use.

9. The amount of the hourly rent for object of lease is calculated on the basis of the amount of the daily rent at the rate of the 24th hour a day on formula:  

рис.4 к Пост. от 28.04.2021 г. №630

where

Opl.god

- amount of the hourly rent;


X

- the number of days in month of the actual use.

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