LAW OF UKRAINE

of September 18, 1991 No. 1562-XII

About sources of financing of road economy of Ukraine

Suspend for carrying out experiment for the participating companies of economic experiment action of the following legal acts of Ukraine and their separate regulations on the tax matters:

This Law determines the legal basis of ensuring financing of the expenses connected with construction, reconstruction, repair and content of highways public and rural roads of Ukraine.

Article 1. Highways public and rural roads of Ukraine (further - highways) are roads of the state and local value which provide interstate and international carriages of passengers and freights taking into account administrative-territorial separation of the state, connect settlements and are component of single transport system of the state.

Classification and the list of these roads affirm the Cabinet of Ministers of Ukraine.

Highways are state-owned property, except rural roads the procedure for management of which is established by the Cabinet of Ministers of Ukraine.

Article 2. The expenses connected with construction, reconstruction, repair and content of highways are performed at the expense of budgetary and other funds for program implementation of development of road economy of Ukraine for the purpose of increase in social level of living of the population, especially in the rural zone, ensuring motor transportations of passengers and freights, improvements of ecological situation, creation on roads of proper safety conditions of movement and modern elements of road service, reduction of losses through unsatisfactory road conditions.

Noted means are not subject to withdrawal or expenditure on the purposes which are not connected with requirements of road economy.

In cases when these means are not spent within the current fiscal year, they keep purpose next year.

Control of means of road funds is exercised according to the procedure, established by the Cabinet of Ministers of Ukraine.

Article 3. Financing expenses of the works connected with construction, reconstruction, repair and content of highways public are annually provided in the Government budget of Ukraine.

For these purposes in structure of special fund of the Government budget of Ukraine the state road fund is created.

The revenues of this fund are created for the account:

1) the excise tax from the fuel and vehicles made in Ukraine;

2) the excise tax from the fuel and vehicles imported on customs area of Ukraine;

3) import duty for oil products and vehicles and tires to them;

4) fares on highways of vehicles and other self-propelled machines and mechanisms which weight or dimensional parameters exceed normative;

5) means of special fund of the Government budget of Ukraine, the credits (loans) obtained by attraction by the state from banks, foreign states and international financial institutions on development of network and content of highways public;

6) fare on paid highways public of the state value which maximum amount and procedure for collection are established by the Cabinet of Ministers of Ukraine except construction cases (new construction, reconstruction, capital repairs) and further operation of the respective highway public on the terms of concession;

6-1) concessionary payments - in case of construction and operation of highways on the terms of concession;

7) other receipts provided by the Government budget of Ukraine in the amounts determined by the law on the Government budget of Ukraine for the corresponding year and also the receipts determined by article 5 of this Law.

Funds of the state road fund are allocated on:

1) financial provision of construction, reconstruction, repair and content of highways public of the state value, development, construction, repair, arrangement, upgrade and content of check points through frontier for automobile communication and also accomplishment of design and survey and research works, creation and functioning of information and analytical system of road economy, including content of the relevant budgetary institutions providing its functioning  ensuring development of production capacities of the road organizations; content of industry medical institutions for rehabilitation of participants of mitigation of consequences of catastrophic crash on the Chernobyl nuclear power plant; carrying out tenders and preparation of agreements on performance of works on construction, reconstruction, repair and content of highways public at the expense of means of international financial institutions, other creditors and investors, joint financing of the specified works according to the relevant agreements, control of their accomplishment and acceptance of roads to operation, management of road economy to payment to the private partner / concessionary of payment for operational readiness of the highway public of the state value and other payments according to the procedure and on the conditions provided by the agreement signed within public-private partnership including the concession treaty;

2) subvention from the Government budget of Ukraine to local budgets on financing of construction, reconstruction, repair and content of highways public of local value, payment to the private partner / concessionary of payment for operational readiness of the highway public of local value and other payments according to the procedure and on the conditions provided by the agreement signed within public-private partnership including the concession treaty, and also streets it is also expensive to municipal property in settlements (including design and survey, research works, functioning of information and analytical systems, certification, technical supervision, road condition inspection, in particular, of involvement of the consulting engineer) which is distributed between local budgets thus: 10 percent of total amount of subvention are provided to city budget of Kiev on financial provision of construction, reconstruction, repair and content of streets and are expensive to municipal property in the city of Kiev; 90 percent of total amount of subvention are distributed between the corresponding local budgets (except city budget of Kiev) depending on the extent of highways public of local value in the corresponding administrative and territorial unit as of January 1 of the year preceding planned.

This subvention (except the subvention provided the budget in Kiev) can go to construction, reconstruction, repair and content of streets and is expensive to municipal property in settlements in the amount of no more than 20 percent of the amount of such subvention approved by the law on the Government budget of Ukraine for the corresponding year for the corresponding local budget and also on repayment and servicing of local debt on the local internal and external borrowings involved to accomplishment of repair construction works on highways public of local value and municipal property in the amount of no more than 30 percent of the amount of such subvention approved by the law on the Government budget of Ukraine for the corresponding year for the corresponding local budget;

3) accomplishment of debt obligations on the borrowings received by the state or under the state guarantees on development and content of highway network public;

4) financial provision of actions for safety of traffic according to state programs;

5) forming of the state fund of inland waterways.

The procedure for the direction of means of the state road fund is determined by the Cabinet of Ministers of Ukraine.

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