of September 14, 2021 No. UP-6313
About measures for radical enhancement of contractual relations
For the purpose of further enhancement of the civil relations, cancellation of the set artificial restrictions in case of the conclusion of separate agreements, and also creations of necessary conditions for use of information systems in contractual relations:
1. Agree with the offer of the Ministry of Justice, Ministry of Economic Development and reducing poverty and the Antimonopoly Committee on cancellation since December 1, 2021:
prohibition on acceptance by commercial banks of payments for the delivered products (the performed works, the rendered services) at the expense of the third parties;
requirements about obligatory establishment of advance payment in agreements to deliver goods (performance of works, rendering the services) concluded by business entities with share of the state of 50 percent and more;
requirements about obligatory establishment of advance payment in the contracts signed between producers of agricultural and livestock products and procurement organizations.
Note that the advance payment and advance payment provided by paragraphs the third and fourth this Item are determined by agreement of the parties agreements.
2. Permit physical persons to provide and settle loans among themselves in foreign currency by the notarial certificate of loan agreements.
To the Ministry of Justice together with the Ministry of Finance in two-month time to introduce to the Cabinet of Ministers the bill providing reduction twice of the amount of the state taxes collected for the notarial certificate of loan agreements and making of executive texts of collection of the sums of money following from loan agreements.
3. Establish procedure according to which since January 1, 2022:
a) the property exposed for realization on electronic online auction in case of execution of court resolutions and acts of other bodies is transferred to the winner of auction without debts and with the withdrawn ban, at the expense of the money which arrived from its realization. In case of insufficiency of the money which arrived from realization of property, the obligation on debt repayment remains for it the same the owner - the debtor.
Sum of earnest money is subject to return within three working days from the date of the address of the winner of auction in cases of rejection of property by the winner of auction for the following bases:
discrepancy of the property realized at auction, to the declared technical characteristics of object of auction;
transition of property to ownership of the third parties before its realization at auction and establishment of this circumstance after the end of auction;
b) the agreement party which accepted from other party complete or partial obligation fulfillment under the agreement or otherwise confirmed validity having no right to require further recognition of this agreement invalid if such requirement contradicts the principle of conscientiousness;
c) in the agreements connected with public procurements, signed by business entities anti-corruption clauses are without fail established.
In case of non-compliance with anti-corruption clauses by the agreement party and persons involved by it (the subcontract organizations, agents and other persons under control to the parties), other party has the right to suspend, terminate the agreement unilaterally and to demand indemnification;
d) in case of failure to pay by legal entities and individual entrepreneurs of debt on tax and customs payments tax or customs authorities send to bank the order about freezing of money on accounts of the payer in the amount of, equal outstanding amount, and their subsequent collection after thirty calendar days with the notification on it of the payer.
In case of appeal by the payer of this order in court within thirty calendar days from the moment of receipt of the notification write-off or not cash write-off from customer accounts is performed according to the judgment;
e) public agreements in the sphere of utilities, power supply, communication services, passenger and freight transportation and in other similar spheres having great social value, developed by subjects of natural monopolies, consist with consumers after coordination with antimonopoly authority.
4. Cancel practice of approval of standard agreements regulatory legal acts, except as specified, when the law directly provides approval of the standard agreements obligatory for the parties.
"Road map" on development of samples of agreements of civil nature according to appendix No. 2.
6. Approve the offer of the Ministry of Justice, Ministry of development of information technologies and communications, the Central bank and Chamber of Commerce and Industry on implementation of the eskrou system when implementing purchase and sale of products through electronic trading platforms in the sphere of electronic commerce and the conclusion of transactions in other spheres.
7. Recommend to farms and procurement organizations to conclude and register agreements of contracting electronically by means of use of information systems.
To create to the Ministry of Agriculture together with the Ministry of development of information technologies and communications in three-months time necessary conditions for the conclusion and registration of agreements of contracting electronically by means of use of information systems.
8. To the Supreme Court to carry out on system basis, but at least once in six months, the analysis of court practice on application of acts of the legislation by courts by consideration of the disputes following from contractual legal relations and interpretation of conditions of agreements, by results - to direct to courts the corresponding instructions for forming of single law-enforcement practice.
9. To state bodies and executive power at the local level, and also the state companies performing delivery of goods and rendering services to the population in municipal and other similar spheres in two-month time to develop and approve actions for wide use of information systems in case of the conclusion of contracts with the population and subjects of entrepreneurship.
10. To provide to the Ministry of Finance for the purpose of further strengthening of public control over procurement procedures on special information portal on public procurements obligatory placement in the register of the agreements signed by the state customers:
the signed agreements, and also all documentation and data on supplementary agreements on introduction of changes in them;
performance reports of agreements the state customers in case of expiration of the contract, agreement performance or its termination.
11. To the Antimonopoly Committee together with the Ministry of Justice to carry out the analysis of the public agreements drafted by subjects of natural monopolies regarding observance of the rights of consumers and compliance of these agreements to the principle of equality of the parties to three-months time, if necessary - to make offers on review of public agreements in the Cabinet of Ministers.
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