RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 3, 2022 No. 187

About ensuring protection of national interests in future claims of the state of Ukraine in connection with military aggression of the Russian Federation

According to articles 12-1, 20 of the Law of Ukraine "About legal regime of warlike situation", to the Presidential decree of Ukraine of February 24, 2022 "About introduction of warlike situation in Ukraine" the Cabinet of Ministers of Ukraine decides No. 64:

1. For ensuring protection of national interests in future claims of the state of Ukraine in connection with military aggression of the Russian Federation to establish before acceptance and entry into force of the Law of Ukraine concerning settlement of the relations with participation of faces tied with the state aggressor, the moratorium (will lock) on:

1) execution, including forcibly, cash and other obligations, creditors (claimants) according to which is the Russian Federation or such persons (further - the faces tied with the state aggressor):

citizens of the Russian Federation, except living in the territory of Ukraine on legal causes;

the legal entities created and registered in accordance with the legislation of the Russian Federation;

the legal entities created and registered according to the legislation of Ukraine, the final beneficial owner, the member or the participant (shareholder) having share in the authorized capital of 10 and more percent whom the Russian Federation, the citizen of the Russian Federation is, besides, who lives in the territory of Ukraine on legal causes, or the legal entity created and registered in accordance with the legislation of the Russian Federation;

the legal entities formed according to the legislation of foreign state, the final beneficial owner, the member or the participant (shareholder) having share in the authorized capital of 10 and more percent which the Russian Federation, the citizen of the Russian Federation, besides, living in the territory of Ukraine on legal causes or the legal entity created and registered in accordance with the legislation of the Russian Federation - in case of accomplishment of obligations to them at the expense of the means provided in the Government budget is.

The specified restriction is not applied to the legal entities formed and registered according to the legislation of Ukraine:

being banks or on accounts of which based on regulatory legal acts or decisions of National Bank implementation by the serving banks of account transactions is allowed;

which are the suppliers of electronic communication networks and/or electronic communication services determined by the order of the National center of operating-technical management of networks of telecommunications accepted according to the Procedure for operating-technical management of telecommunication networks in the conditions of emergency situations, emergency and warlike situation approved by the resolution of the Cabinet of Ministers of Ukraine of June 29, 2004 No. 812 "Some questions of operating-technical management of telecommunication networks in the conditions of emergency situations, emergency and warlike situation" (The Official Bulletin of Ukraine, 2004, No. 26, the Art. 1696);

the paragraph the ninth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 29.09.2023 No. 1038

Alienation, transfer to pledge, any other actions which have or alienation of real estate, securities, the rights of participation in the legal entity (shares, shares, shares in the authorized capital or other objects of the civil laws certifying participation in the legal entity), rights to claim against the debtor on cases on bankruptcy (insolvency), vehicles, air and ocean ships, inland navigation vessels by the Russian Federation or faces tied with the state aggressor can entail 2) except:

non-paid alienation / transfer for benefit of the state of Ukraine;

satisfaction of requirements of National Bank for granted loans of refinancing on liquidity support of banks;

alienation by Fund of guaranteeing household deposits or the authorized person of Fund of property of bank on which the National Bank makes the decision on withdrawal of the banking license and liquidation of bank;

alienation of the right of participation in the legal entity in the presence of the decision of the Cabinet of Ministers of Ukraine on coordination of such alienation.

Alienation, transfer to pledge, any other actions which have or alienation of real estate, securities, the rights of participation in the legal entity, rights to claim against the debtor on cases on bankruptcy (insolvency), vehicles, air and ocean ships, inland navigation vessels for benefit of the faces tied with the state aggressor or the Russian Federation, except acquisition of the property right to such objects by them based on the judgment or the certificate on the right to inheritance can entail 3).

2. Determine that:

1) the transactions (including powers of attorney) concluded with violation of the moratorium determined by Item 1 of this resolution including if they suppose the corresponding alienation in the future, are insignificant;

2) the notarial certificate of transactions which violate the moratorium determined by Item 1 of this resolution is forbidden. State registration or other recognition by state bodies, local government bodies, their officials, state registrars of legal entities, physical persons entrepreneurs and public forming, the state registrars of the rights to real estate and their encumbrances, persons which provide public (administrative) services of the bargains concluded with violation of the moratorium determined by Item 1 of this resolution is forbidden.

2-1 The Cabinet of Ministers of Ukraine makes the decision on coordination of alienation of the right of participation in the legal entity in the presence of at the same time following conditions:

1) the participant, the shareholder, other person participating in the legal entity created and registered according to the legislation of Ukraine, or his beneficiary directly or indirectly is the legal entity created and registered in accordance with the legislation of the Russian Federation who belongs and belonged as of February 23, 2022 to the international group of companies (set of the legal entities connected by the relations of control and located in the territory of at least 50 countries of the world which total sales from sales of goods and services for the previous financial year constitute at least amount, equivalent to 10 billion euros);

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