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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

(as amended on 19-04-2022)

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

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

 the determined 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);

concerning which on representation of the ministry, other state body in connection with implementation by such legal entities of the activities necessary for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation against Ukraine or overcoming its consequences, the Cabinet of Ministers of Ukraine makes the decision on temporary government by the corresponding shares, corporate laws or other rights of participation (control) belonging to the Russian Federation or the face tied with the state aggressor;

Alienation, transfer to pledge, any other actions which have or alienation of real estate, securities, corporate laws, vehicles, air and ocean ships, inland navigation vessels by the Russian Federation or faces tied with the state aggressor except non-paid alienation for benefit of the state of Ukraine can have 2) the investigation;

Alienation, transfer to pledge, any other actions which have or alienation of real estate, securities, corporate laws, vehicles, air and ocean ships, inland navigation vessels for benefit of the faces tied with the state aggressor or for benefit of the Russian Federation can have 3) the investigation.

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.

3. This resolution becomes effective from the date of its publication and is effective before entry into force of the Law of Ukraine concerning settlement of the relations with participation of faces tied with the state aggressor, but no more than one month from the date of the termination or cancellation of warlike situation.

Prime Minister of Ukraine

D. Shmygal

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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