LAW OF UKRAINE

of September 21, 2006 No. 185-V

About management of objects of state-owned property

This Law according to the Constitution of Ukraine determines the legal basis of management of objects of state-owned property.

Article 1. Concept of management of objects of state-owned property

1. Management of objects of state-owned property - implementation by the Cabinet of Ministers of Ukraine and the bodies authorized by it, other subjects determined by this Law, powers concerning realization of the rights of the state as the owner of such objects connected with ownership, use and the order them in the limits determined by the legislation of Ukraine for the purpose of satisfaction of the state and public requirements.

Article 2. Legislation on management of objects of state-owned property

1. The legislation on management of objects of state-owned property consists of this Law, the Economic code of Ukraine, the Tax code of Ukraine, the Law of Ukraine "About protection of the economic competition", other laws of Ukraine by which features of management of separate objects of state-owned property or their types, and other regulatory legal acts concerning management of objects of state-owned property can be established.

Article 3. Objects of management of state-owned property

1. Objects of management of state-owned property are:

the property transferred to the state companies, the state non-commercial enterprises to operational management;

the property transferred to the state commercial enterprises (further - the state companies), to organizations and the organizations;

the property transferred to the national economic associations;

the corporate laws belonging to the state in the authorized capital of the economic organizations (further - corporate laws of the state);

the state-owned property providing activities of the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine;

the state-owned property leased leasing;

the state-owned property transferred and/or created (constructed) based on the agreement signed within public-private partnership (including the concession treaty);

the state-owned property which is consisting on balance of the economic organizations and did not enter their authorized capital or remained after liquidation of the companies and organizations;

the state-owned property transferred to unlimited bezoplatny use of National academy of Sciences of Ukraine, to industry academies of Sciences;

ownerless and condemned property which passes into state-owned property by a court decision;

the state-owned property provided to the subject of managing on the right of economic maintaining according to the legislation. 

2. Operation of this Law does not extend to management of the objects of property of the Ukrainian people determined by part one of article 13 of the Constitution of Ukraine and also to implementation of intellectual property rights.

Features of management of objects of state-owned property in defensive industrial complex are determined by the Law of Ukraine "About features of management of objects of state-owned property in defensive industrially complex" and the Law of Ukraine "About features of reforming of the companies of defense industry complex of the state pattern of ownership".

Features of management of Export credit agency are determined by the Law of Ukraine "About financial mechanisms of stimulation of export activities".

Features of management of Fund of energy efficiency are determined by the Law of Ukraine "About Fund of energy efficiency".

Operation of this Law does not extend to bank management which is performed according to the Law of Ukraine "About banks and banking activity", except the cases which are directly established in this paragraph. Action of provisions of paragraphs two and the fourth part two and part eight of Article 11-2, of paragraph two of part one, parts three and the fourth article 14 of this Law extends to bank management in which authorized capital more than 50 percent of shares belong to the state, except national banks, control of which is exercised according to article 7 of the Law of Ukraine "About banks and banking activity".

Operation of this Law does not extend to control of national banks which is exercised according to the Law of Ukraine "About banks and banking activity", and also to management of Fund of partial guaranteeing the credits in agricultural industry, is performed according to the Law of Ukraine "About Fund of partial guaranteeing the credits in agricultural industry", except paragraph one of part two of Article 11-2.

Operation of this law does not extend to transfer into the ownership of the organizations of water users of objects of engineering infrastructure of meliorative systems of the state pattern of ownership.

Article 4. Subjects of management of objects of state-owned property

1. Subjects of management of objects of state-owned property are:

Cabinet of Ministers of Ukraine;

the central executive body providing forming also realizes state policy in the sphere of management of objects of state-owned property;

the ministries, other executive bodies and the state collegiate organs (further - authorized bodies);

Fund of state-owned property of Ukraine;

the bodies providing activities of the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine;

the bodies exercising control of state-owned property according to the powers determined by the separate laws;

the national economic associations, the state-owned holding companies, other state economic organizations (further - economic structures);

National academy of Sciences of Ukraine, industry academies of Sciences, the state company, organization, the organization or economic society which 100 percent of shares (shares) belong to the state or other economic society which 100 percent of shares (shares) belong to the state.

According to the decision of the Cabinet of Ministers of Ukraine or the central executive body performing functions on management of the corresponding objects of the state property / corporate laws, the state company, organization, the organization or economic society which 100 percent of shares (shares) belong to the state or other economic society which 100 percent of shares (shares) belong to the state exercise control of objects of state-owned property regarding accomplishment of powers of the concessor.

The ministry authorized by the Cabinet of Ministers of Ukraine can only be the subject of management of objects of state-owned property which are used in the course of implementation of activities for transportation and/or storage of natural gas of transfer of electrical energy. Conditions of management of objects of state-owned property are determined in the relevant agreement according to the law. Other subjects of management of objects of state-owned property cannot have the powers concerning objects of state-owned property delegated on such conditions if such powers contradict the requirements about department and independence established by the law.

2. The state-owned managing holding company has the status of authorized body of management concerning objects of management of state-owned property which are transferred to its authorized capital and the authorized capital of its corporate enterprises.

Article 5. Powers of the Cabinet of Ministers of Ukraine in the sphere of management of objects of state-owned property

1. The Cabinet of Ministers of Ukraine is the subject of management determining objects of management of state-owned property concerning which performs functions on management and also objects of management of state-owned property, power by management of which are transferred to other subjects of control determined by this Law.

2. Exercising control of objects of state-owned property, the Cabinet of Ministers of Ukraine:

1) determines the executive bodies and the state collegiate organs performing functions on management of objects of state-owned property;

2) is established by procedure for transfer of objects of state-owned property to the subjects of management determined by this Law;

3) the Item 2) of part 2 of Article 5 is excluded;  

4) determines conditions of creation and activities of economic structures;

5) makes the decision on creation, reorganization and liquidation of economic structures and determines the authorized bodies of management exercising control of their activities;

6) No. 3587-IX Is excluded according to the Law of Ukraine of 22.02.2024

7) makes the decision on creation, reorganization and liquidation of the state companies and determines the central executive bodies which management sphere they treat;

8) makes the decision on transfer according to the law of objects of state-owned property to municipal property, agrees to transfer of objects from municipal in state-owned property;

9) it is excluded;

10) it is excluded;

11) it is excluded;  

12) it is excluded;  

13) it is excluded;  

Accepts 14) for representation of the central executive body which provides forming and realizes state policy in the sphere of economic development of Ukraine of the decision on delegation of power on management of corporate laws of the state to authorized bodies of management and economic structures;

Develops 15) and signs the international contracts of Ukraine concerning objects of state-owned property of Ukraine according to the legislation;

16) appoints unscheduled inspections of use of objects of management of state-owned property and establishes procedure for their carrying out;

16-1) determines criteria according to which formation of the supervisory board is obligatory at the state unitary enterprises (except the companies of defense industry complex) and, taking into account the laws of Ukraine, in economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state;

17) establishes criteria of effective management of objects of state-owned property and procedure for their application;

17-1) No. 3587-IX is excluded according to the Law of Ukraine of 22.02.2024

17-2) approves requirements to independent members of the supervisory boards of the state unitary enterprises and economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state;

17-3) determines essential terms of the contract which consists with the Administrator of electronic trading system and the operator of an electronic trading platform - the legal entity who has the right to use electronic platform;

17-4) approves policy of state-owned property;

18) is determined by procedure:

a) control of accomplishment of functions on management of objects of state-owned property;

b) the directions of the funds determined by the Government budget of Ukraine for financing of the expenses connected with the redemption of shares (shares) of secondary issue of the economic organizations with corporate laws of the state, and measure concerning restructuring, pre-judicial sanitation and other measures concerning functioning of objects of public sector of economy;

c) contributions to the government budget of part of net profit (income) by the state unitary enterprises and their associations (within the state dividend policy);

in-1) payment payment by installments on payment by economic societies in which authorized capital 50 and more percent of shares (shares) belong to the state, dividends in the government budget (within the state dividend policy);

d) competitive selection of heads of the state unitary enterprises, chairmen of executive bodies of economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state, in which formation of the supervisory board is not obligatory according to the law, and also in which formation of the supervisory board is not provided by the charter, with respect for the principles of collective suitability, variety of structure, equality of requirements, professionalism, openness and transparency;

ґ) compensations and remunerations of heads of the state unitary enterprises, chairmen of executive bodies of economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state (for joint-stock companies - taking into account article 39 of the Law of Ukraine "About joint-stock companies") in which formation of the supervisory board is not obligatory according to the law and also in which formation of the supervisory board is not provided by the charter;

e) the subitem d) Item 2) of part 2 of Article 5 is excluded;  

e) the subitem e) Item 2) of part 2 of Article 5 is excluded;  

є) creation and maintaining the Unified register of objects of state-owned property;

g) the subitem e) Item 2) of part 2 of Article 5 is excluded;  

h) carrying out inventory count of objects of state-owned property;

i) No. 3587-IX is excluded according to the Law of Ukraine of 22.02.2024;

і) orders assets of the state economic organizations;

ї) the subitem ї) Item 2) of part 2 of Article 5 it is excluded;  

й) the subitem y) Item 2) of part 2 of Article 5 is excluded;  

j) carrying out annual state financial audit of activities of subjects of managing of public sector of economy;

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