Ministry of Justice of Ukraine
July 30, 2021
of June 10, 2021 No. 380
About approval of the Regulations on implementation of activities for the organization of trade in products at commodity exchanges
According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the capital markets and the organized goods markets", to Items 4, the 8th Section VII of the Law of Ukraine "About commodity exchanges" the National commission on securities and the stock market RESHILA:
1. Approve Regulations on implementation of activities for the organization of trade in products at commodity exchanges (further - the Provision) which are applied.
2. Determine that in the cases determined by Item 2 of the Section V of the Provision, requirements of the Provision are applied in the part which is not contradicting other laws concerning trade, carrying out the public biddings and auctions in certain types of goods at commodity exchange than the Law of Ukraine "About commodity exchanges" and/or to the regulatory legal acts adopted in their execution.
3. Determine that the regulation of Item 3 of the Section XII of the Regulations on introduction of the automated monitoring system of the exchange biddings regarding the automated identification of violations when implementing the exchange biddings, is applied in 6 months from the effective date of this decision.
4. To department of methodology of regulation of professional participants of the security market () provide Kurochkin I.:
submission of this decision for implementation of examination on compliance of the Convention on human rights protection and fundamental freedoms in the Secretariat of the Representative for cases of the European Court of Human Rights of the Ministry of Justice of Ukraine;
submission of this decision on state registration in the Ministry of Justice of Ukraine;
promulgation of this decision on the official website of the National commission on securities and the stock market.
6. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market Ilyin A.
It is approved:
First Deputy Minister of digital transformation of Ukraine
Approved by the Decision of the National commission on securities and the stock market of Ukraine of June 10, 2021 No. 380
1. This Provision determines the basic principles and requirements to implementation of activities for the organization of trade in products at commodity exchanges in Ukraine.
2. The terms used in this provision are used in such value:
bilateral continuous counter auction (the market of requests) - technology of the exchange biddings on which in the biddings during the trading session the any number of bidders (sellers, buyers) on condition of observance of requirements of internal documents of commodity exchange by them at the same time can participate and submit applications for purchase/sale of exchange goods;
the request or the quotation (further - the request) - the offer provided by the bidder according to rules of commodity exchange on purchase or sale of exchange goods which contains conditions on which it is offered to perform the conclusion of stock exchange transaction the request of the bidder registered by commodity exchange is the offer and the consent of this participant to conclude and perform stock exchange transaction, to conclude and perform the exchange agreement;
the insider information - information of exact nature which was not promulgated which concerns directly or indirectly one or several exchange goods and which in case of its promulgation would perform considerable influence on the prices of exchange goods. The insider information, in particular, is:
information which shall be promulgated according to requirements of the legislation, until its promulgation including information on the signed agreements of rather exchange goods (except cases when promulgation of information does not influence the price of exchange goods);
information which shall be promulgated according to requirements of the legislation concerning reservoir and load of capacities (means) of production, storage, consumption and/or transportation of exchange goods, and also planned and unplanned unavailability of such capacities (means);
other information which bidders will probably use in case of decision making concerning implementation of operations on the stock exchange, giving (response, cancellation) requests, or implementation of other actions concerning exchange goods.
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