LAW OF UKRAINE

of March 3, 2022 No. 2116-IX

About the basic principles of forced withdrawal in Ukraine of objects of the property right of the Russian Federation and its residents

For the purpose of protection of sovereignty and territorial integrity of Ukraine, national interests, homeland security, ensuring economic independence, rights, freedoms and legitimate interests of citizens of Ukraine, society and state,

considering full-scale war of aggression which the Russian Federation started and conducts against Ukraine and the Ukrainian people with violation of rules of international law, committing crimes against humanity,

proceeding from provisions of the Constitution of Ukraine, the Declaration on the state sovereignty of Ukraine and the universally international standards and rules, in particular concerning the sovereign right of Ukraine to protection,

considering the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine" of February 24, 2022 No. 64/2022, No. 2102-IX approved by the Law of Ukraine "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine" of February 24, 2022,

taking into account need of immediate and effective response to the existing threats to national interests of Ukraine,

considering regulations IV of the Hague Convention on the laws and customs of land warfare and appendix to it: Regulations on the laws and customs of land warfare of October 18, 1907,

The Verkhovna Rada of Ukraine adopted this Law which determines the legal basis of forced withdrawal based on social necessity (including cases in case of which it is pressed by military need) objects of the property right of the Russian Federation as the states which began full-scale war against Ukraine, and its residents.

I. Basic provisions

Article 1. Determination of terms

1. For the purposes of this Law terms are used in such value:

The Russian Federation - the state which the decision of the Verkhovna Rada of Ukraine according to the General Assembly resolution 3314 "Aggression determination" of December 14, 1974 is recognized as the state aggressor and performs the armed aggression against Ukraine;

residents - legal entities (their branches, representations) performing the activities according to the legislation of Ukraine in the territory of Ukraine founders (the participant, the shareholder) or the beneficiary of which directly or indirectly are the Russian Federation and/or in which the Russian Federation directly or indirectly or legal entities, the founder (the participant, the shareholder) or the beneficiary of which is the Russian Federation and/or in which the Russian Federation directly or indirectly has share in the authorized (share) capital, the share, shares, other membership (participation in any form) in the legal entity;

forced withdrawal in Ukraine of objects of the property right of the Russian Federation and its residents - forced withdrawal of objects of the property right of the Russian Federation and objects of the property right of its residents based on social necessity (including cases in case of which it is pressed by military need) for benefit of the state on the basis and according to the procedure, established by this Law;

objects of the property right of the Russian Federation and its residents - personal and real estate, means, deposits in banks, securities, corporate laws and other property (assets) which are (are registered) in the territory of Ukraine and is direct or through affiliates belong to the Russian Federation and its residents.

Article 2. The principles of forced withdrawal in Ukraine of objects of the property right of the Russian Federation and its residents

1. Carrying out forced withdrawal in Ukraine of objects of the property right of the Russian Federation and its residents is performed based on social necessity (including cases in case of which it is pressed by military need) and is based on the principles of legality, transparency, objectivity, compliance of the purpose, strategic importance and efficiency.

2. Forced withdrawal in Ukraine of objects of the property right of the Russian Federation and its residents is performed without any compensation (compensation) of their cost, considering full-scale war of aggression which the Russian Federation started and conducts against Ukraine and the Ukrainian people.

Article 3. The bases and procedure for forced withdrawal in Ukraine of objects of the property right of the Russian Federation and its residents

1. The decision on forced withdrawal in Ukraine of objects of the property right of the Russian Federation and its residents is accepted by the National Security and Defense Council of Ukraine and becomes effective the presidential decree of Ukraine.

2. The draft decision about forced withdrawal in Ukraine of objects of the property right of the Russian Federation and its residents is introduced in the National Security and Defense Council of Ukraine by the Cabinet of Ministers of Ukraine.

3. The draft decision shall contain:

the list of objects of the property right of the Russian Federation and its residents which are subject to forced withdrawal;

identification (location, registration and so forth) of objects of the property right of the Russian Federation and its residents;

the name of persons whose objects of the property right are subject to forced withdrawal;

terms of carrying out forced withdrawal of each object;

other provisions determined by this Law.

4. Not later than in six-months time after cancellation or completion of warlike situation in Ukraine the presidential decree of Ukraine which enacts the decision of the National Security and Defense Council of Ukraine on forced withdrawal in Ukraine of objects of the property right of the Russian Federation and its residents is subject to approval by the Verkhovna Rada of Ukraine by adoption of the relevant law.

Article 4. Legal regime of the objects of the property right of the Russian Federation and its residents which are compulsorily withdrawn in Ukraine

1. Objects of the property right of the Russian Federation and its residents (except money are compulsorily withdrawn according to this Law and corporate laws of the state and also government bonds of Ukraine and the state derivatives) according to the decision of the Cabinet of Ministers of Ukraine are transferred in the authorized capital of the banks which are in liquidation procedure according to the Law of Ukraine "About system of guaranteeing household deposits":

1) in economic maintaining on a temporary basis to the specialized state enterprises, organizations, the organizations and/or economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state;

2) in management to subjects of managing, 50 and more percent of shares (shares) of which belong to the state, by the conclusion of the agreement of property management according to the procedure, determined by the Cabinet of Ministers of Ukraine.

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