of September 22, 2021 No. 1013
Some questions of preparation for carrying out and carrying out the land biddings for sale of the parcels of land and acquisition of rights of use of them (leases, superficies, emphyteusis)
According to parts two, third, fifth, sixth and tenth Article 135, to parts one, the second, seventh - the ninth, sixteenth, twenty second and twenty fourth Article 137 of the Land code of Ukraine the Cabinet of Ministers of Ukraine decides:
1. Approve requirements for preparation for carrying out and carrying out the land biddings for sale of the parcels of land and acquisition of rights of use by them (leases, superficies, emphyteusis) which are applied.
2. Determine the state company "Prozorro. Sales" which belongs to the sphere of management of the Ministry of Economics, the administrator of electronic trading system.
3. Determine that part of remuneration of the operator of an electronic trading platform is deducted by the operator of an electronic trading platform to the administrator of electronic trading system according to the contract signed by the operator of an electronic trading platform and the administrator of electronic trading system. Maintenance and administration of electronic trading system is performed without attraction of financial resources of the government budget.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 22, 2021 No. 1013
1. These requirements determine: procedure for functioning and administration of electronic trading system; technical requirements to implementation of the privilege of purchase of the parcel of land in property in case of its sale through electronic auction; procedure for compensation by the winner of the land biddings of costs (expenses) performed on preparation of lot for sale at the land biddings; the size, payment procedure and return of the remuneration paid by the winner of the land biddings to the operator of an electronic trading platform; the term of return by the operator of an electronic trading platform to all participants of the land biddings who are not recognized as winners, paid amounts of the guarantee fees; technical requirements on preparation for carrying out and carrying out the land biddings, establishments and promulgation of their results, determinations of the size, payment procedure, return of the registration, guarantee fees of participants and remuneration which is paid by the winner of auction to the operator of an electronic trading platform; forms of documentation on lot of the land biddings for placement in electronic trading system; the list of the documents confirming compliance of person wishing to take part in the land biddings concerning the parcel of land of agricultural purpose, to requirements of Article 130 of the Land code of Ukraine (further - the Code); requirements to the statement for participation in the land biddings; procedure for determination of the status of the participant of the land biddings; order of registration of participants for participation in the land biddings; procedure for signing by the organizer and winning bidder by imposing of qualified digital signatures of the protocol on results of the land biddings and the agreement by results of carrying out the land biddings; the term of transfer of the amount of the guarantee fee by the operator of an electronic trading platform paid into its account by the winner on the corresponding budget accounts in case of sale of the parcel of land of the state-owned or municipal property, the rights of superficies, emphyteusis on it, carrying out the land biddings on acquisition of right of lease of such parcel of land; procedure and payment due date the winner of the land biddings of selling price of the parcel of land, payment for use of the parcel of land, right to use by which it is acquired at the land biddings, and also expense amounts for preparation of lot for sale according to Code provisions.
2. The terms used in these requirements have the following value:
authorization data - the identification data created by the participant during passing of registration in electronic trading system through electronic platform by means of which its powers on access to private office and making of any actions in electronic trading system for participation in the land biddings are performed;
bid increment (biddings) - the allowance on which during the land biddings increase in the price offer (the closed price offer) can be performed;
lot - the parcel of land or rights to use by it (lease, superficies, emphyteusis) which is exposed on the land biddings;
the module of the land biddings - the procedure of carrying out the land biddings provided by part fourteen of article 137 of the Code;
private office - part of electronic trading system which allows the organizer of the land biddings, to the potential buyer, the participant to perform activities in electronic trading system according to these requirements;
prior consent to expectation - the assurance of the potential buyer provided to the operator of an electronic trading platform, that in case of introduction of the second-large price offer by it / the closed price offer he agrees to expectation of results of the land biddings according to these requirements and of receipt of its guarantee fee after the moment determined by these requirements;
the potential buyer - person who wishes to take part in the land biddings selling the parcel of land or rights to use by it (lease, superficies, emphyteusis);
the applied program interface - the interface of programming of appendices, access to which is provided as open code which determines functionality, provided by electronic trading system, and intended for connection of electronic platforms (operators of electronic platforms) to electronic trading system;
unique hyperlink - the text with record of the address of the website to which temporary direct access to the interface of the module of the land biddings in electronic trading system is provided and which gives the chance of participation in the land biddings and is single participant identifier;
lot selling price - lot price determined according to the paragraph to the second part three of article 136 of the Code;
the price offer - the amount of means offered by the participant during period of time (during the land biddings.
Other terms are used in the value given in the Code, and in the cases provided by the Code - in the Law of Ukraine "About privatization of the state-owned and municipal property" taking into account the features determined by the Code.
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