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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 7, 2022 No. 776

Some questions of providing the companies of defense industry complex with property on the terms of financial leasing

The Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for providing the companies of defense industry complex by special means of technological equipment, technical means, the equipment and other property necessary for production preparation (carrying out repair, upgrade) of arms, the military or special equipment, equipment and ammunition, on the terms of financial leasing which is applied.

2. Item 5 of the Procedure for the alienation of objects of state-owned property approved by the resolution of the Cabinet of Ministers of Ukraine of June 6, 2007 No. 803 (The Official Bulletin of Ukraine, 2007, No. 43, Art. 1714; 2019, No. 86, the Art. 2903) to add with the subitem 9 of the following content:

"9) the property acquired by subject of managing (legal entity) which belongs to the sphere of management of Minstrategprom, for transfer under agreements of financial leasing to the companies of defense industry complex.".

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 7, 2022, No. 776

Procedure for providing the companies of defense industry complex with special means of technological equipment, technical means, the equipment and other property necessary for production preparation (carrying out repair, upgrade) of arms, the military or special equipment, equipment and ammunition, on the terms of financial leasing

1. This Procedure determines the mechanism of providing the companies of defense industry complex with special means of technological equipment, technical means, the equipment and other property necessary for production preparation (carrying out repair, upgrade) of arms, the military or special equipment, equipment and ammunition (further - property), on the terms of financial leasing.

2. In this Procedure terms are used in such value:

the company of defense industry complex - the company which performs production (repair, upgrade) arms, the military or special equipment, equipment or ammunition;

the lessor - the subject of managing (legal entity) belonging to the sphere of management of Minstrategprom and in the procedure established by the law has the right to provide services in financial leasing and based on the agreement of financial leasing gives to the leasing recipient to ownership and use property according to this Procedure;

the leasing recipient - the company of defense industry complex which according to the agreement of financial leasing receives from the lessor property in ownership and use.

3. Provision to the companies of defense industry complex of property in financial leasing is performed according to the Law of Ukraine "About financial leasing" based on the agreements signed between the lessor and the leasing recipient.

4. Selection of the companies of defense industry complex with which the agreement of financial leasing can be signed is performed by the commission formed by Minstrategprom.

The main selection criteria are:

providing at the expense of property which is transferred to financial leasing, achievements of the priorities of development of defense industry complex determined by the Development strategy of defense industry complex of Ukraine approved by the Presidential decree of Ukraine of August 20, 2021 No. 372 "About the decision of the National Security and Defense Council of Ukraine of June 18, 2021 "About the Development strategy of defense industry complex of Ukraine";

the direction of property which is transferred to financial leasing, to the actions determined by the state target programs and/or summary three-year procurement plan of goods, works and services of defensive appointment in the closed purchases or the annual plan of purchases of goods, works and services of defensive appointment regarding development, development and implementation of new technologies, creation new and building-ups of the available production capacities for production of defense products;

availability of the company of defense industry complex in the electronic register of participants of selection and contractors of public contracts (agreements) according to the corresponding nomenclature;

lack of arrears of the company of defense industry complex to the lessor, in particular, on payment of leasing payments.

5. To the conclusion of the agreement of financial leasing the lessor shall estimate solvency of the company of defense industry complex according to the procedures established by the internal documents of the lessor approved with Minstrategprom based on information obtained from the company of defense industry complex, and if necessary based on information obtained from other sources according to the legislation.

6. Under the agreement of financial leasing the lessor transfers or shall give to the leasing recipient to ownership and use property which belongs on the property right to the state on behalf of the lessor and was acquired by it without preliminary arrangement with the leasing recipient (direct leasing), or the property which is specially acquired by the lessor at the seller (supplier) according to the specifications and conditions established by the leasing recipient (indirect leasing) for certain term and for the established payment (leasing payments).

7. The property can be provided in financial leasing for a period of up to 20 years with possibility of implementation of early calculations.

8. The agreement of financial leasing shall provide that property which is transferred to financial leasing and/or risks connected with agreement performance of financial leasing are subject to insurance.

The property shall be insured according to the legislation for its all-in cost from risks of destruction, loss, death or damage.

The list of the risks connected with agreement performance of financial leasing which are subject to insurance is determined by the internal documents of the lessor approved with Minstrategprom.

Risks shall be insured for all duration of the agreement of financial leasing.

Criteria of the choice of insurance company are determined by the internal documents of the lessor approved with Minstrategprom.

Insurer according to the insurance contract is the leasing recipient, beneficiary under such agreement is the lessor.

9. Approximate agreements of financial leasing affirm the lessor and are approved by Minstrategprom.

10. Sources of financing of property acquisition for its transfer to financial leasing are:

the means provided in the government budget according to the budget program "Accomplishment of the State Target Programs of Reforming and Development of Defense Industry Complex, Development, Development and Implementation of New Technologies, Building-ups of the Available Production Capacities for Production of Defense Products";

the means received by the lessor from leasing recipients as cost recovery of the property transferred to financial leasing;

borrowing facilities and others, the financing sources which are not forbidden by the legislation.

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