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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 17, 2021 No. 1245

Some questions of selection of infrastructure projects which are financed and/or expenses of which are refinanced for means of the government budget

According to the paragraph to the second "About the capital markets and the organized goods markets" the Cabinet of Ministers of Ukraine decides parts two of article 17 of the Law of Ukraine:

1. Approve the Procedure for selection of infrastructure projects which are financed and/or expenses of which are refinanced for means of the government budget which is attached.

2. Bring in Item 3 of the Procedure for the conducting state examination of investment projects approved by the resolution of the Cabinet of Ministers of Ukraine of June 9, 2011 No. 701 (The Official Bulletin of Ukraine, 2011, No. 51, Art. 2033; 2012, No. 57, Art. 2289; 2018, No. 1, the Art. 13), change which is applied.

3. To the Ministry of Economics together with other interested bodies from the date of adoption of this resolution to give to three-months time to the Cabinet of Ministers of Ukraine the draft of the act of creation of the Interdepartmental commission on selection of infrastructure projects which are financed and/or expenses of which are refinanced for means of the government budget, and the project of the Regulations on it.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 17, 2021 , No. 1245

The procedure for selection of infrastructure projects which are financed and/or expenses of which are refinanced for means of the government budget

1. This Procedure determines the mechanism of selection of infrastructure projects which it agrees to the second part two of article 17 of the Law of Ukraine "About the capital markets and the organized goods markets" are financed and/or expenses of which are refinanced at the expense of means of the government budget (further - selection), the list of the documents submitted for selection and selection criteria.

The infrastructure projects selected according to requirements of this Procedure can be financed and/or their expenses can be refinanced at the expense of the means of the government budget received from placement of government bonds of Ukraine, issue and which address is performed according to article 16 of the Law of Ukraine "About the capital markets and the organized goods markets".

2. Selection is made by the contest committees which are created by the central executive bodies responsible for realization or financing of infrastructure projects in the respective spheres (further - responsible bodies).

Decision making about final selection of infrastructure projects which can be financed and/or expenses of which can be refinanced at the expense of the means of the government budget which are selected by the contest committees formed by responsible bodies (further - the contest committees), is performed by the Interdepartmental commission on selection of infrastructure projects which are financed and/or expenses of which are refinanced for means of the government budget (further - the Interdepartmental commission). The structure of the Interdepartmental commission and regulations on it affirm the Cabinet of Ministers of Ukraine.

3. The number of representatives of responsible body in the contest committee makes no more than a half of its structure.

The contest committee representatives of other central executive bodies, scientific and other institutions (in coordination with their heads), public associations, including representatives of associations of employers, associations can be also included (in coordination).

The contest committee independent experts can be involved (in coordination).

Membership in the contest committee shall not create potential or real conflict of interest at members of the commission which can affect objectivity and impartiality of decision making by assessment and selection of infrastructure projects.

Regulations on the contest committee and its members affirm responsible body which created it.

Information on members of the contest committee and regulations on it are posted on the official website of responsible body.

Form of work of the contest committee are meetings which frequency of carrying out is determined by responsible body. Meetings of the contest committee can be held in the online mode.

The solution of the contest committee is drawn up by the protocol which is signed by the chairman and the secretary of the contest committee.

The meeting of the contest committee is considered competent if at it there are at least than two thirds of her members.

The solution of the contest committee on selection of infrastructure projects is deemed accepted if most of the members of the contest committee who are present at its meeting voted for it. In case of equal distribution of voices the chairman's voice at meeting is decisive.

4. Responsible bodies are:

The Ministry of Infrastructure - performs selection of construction projects of objects in the sphere of transport infrastructure (roads, bridges, crossings, etc.);

The Ministry of Energy - performs selection of construction projects of objects of gas-transport system, systems of power supply;

MON - performs selection of construction projects of objects in education;

The Ministry of Health - performs selection of construction projects of objects in health sector;

Minsotspolitiki - performs selection of construction projects of objects in the sphere of social appointment;

The Ministry of Regional Development - performs selection of construction projects of objects in the sphere of housing and communal services (water and sewer constructions, systems of heat supply, etc.);

MKIP - performs selection of construction projects of subjects to cultural appointment;

Minreintegration - performs selection of construction projects of objects in the spheres determined by part two of article 17 of the Law of Ukraine "About the capital markets and the organized goods markets" which realization is supposed in the territories adjacent to temporarily occupied territories in the Donetsk and Luhansk regions and temporarily occupied territory of the Autonomous Republic of Crimea and Sevastopol;

Minstrategprom - performs selection of construction projects of objects in the spheres determined by part two of article 17 of the Law of Ukraine "About the capital markets and the organized goods markets" which realization assumes creation of conditions for development of strategic industries.

5. The announcement of carrying out selection is posted on the official website of responsible body not later than 30 days prior to carrying out selection. In the announcement are specified:

1) full name and location of responsible body;

2) conditions of carrying out selection;

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