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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 12, 2022 No. 896

Question of transition to property of the state of property, means and other assets of the political party forbidden by court, its regional, city, district organizations, primary cells and other structural educations

According to part four of article 21 of the Law of Ukraine "About political parties in Ukraine" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for transition to property of the state of property, means and other assets of the political party forbidden by court, its regional, city, district organizations, primary cells and other structural educations which is applied.

2. Bring in the Procedure for determination of the subject of management of the objects returned in property of the state and other property which subject of management is not determined No. 817 approved by the resolution of the Cabinet of Ministers of Ukraine of October 7, 2015 (The Official Bulletin of Ukraine, 2015, No. 82, the Art. 2721), and the Procedure for state registration of the corporeal rights to real estate and their encumbrances approved by the resolution of the Cabinet of Ministers of Ukraine of December 25, 2015 No. 1127 "About state registration of the corporeal rights to real estate and their encumbrances" (The Official Bulletin of Ukraine, 2016, No. 2, the Art. 108, No. 68, Art. 2301; 2020, No. 44, the Art. 1414), changes which are applied.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 12, 2022, No. 896

Procedure for transition to property of the state of property, means and other assets of the political party forbidden by court, its regional, city, district organizations, primary cells and other structural educations

1. This Procedure determines the mechanism of execution of the judgment about prohibition of political party regarding transition to property of the state of property, money and other assets of the political party forbidden by court, its regional, city, district organizations, primary departments and other structural educations (further - property of political party).

2. After the introduction in legal force of the judgment about prohibition of political party in which substantive provisions it is specified about cession of property of political party in property of the state (further - the judgment), the Ministry of Justice takes measures to search of property of political party, including according to unified and state registers which holder is the Ministry of Justice.

No later than three working days from the date of receipt of the judgment the Ministry of Justice sends to state bodies, in particular ARMA, and also local government bodies, the companies, organizations, the organizations, irrespective of pattern of ownership, requests about provision of information concerning property of political party which within five working days from the date of receipt of request shall provide required information.

Information concerning property of political party which contains bank secrecy, in particular, concerning accounts of political party, its regional, city, district organizations, primary departments and other structural educations and balance on them, reveals banks at the request of Ministry of Justice based on the judgment according to the procedure, the stipulated in Article 62 Laws of Ukraine "About banks and banking activity".

3. By results of actions for search of property of political party Ministry of Justice constitutes and approves the list of the property of political party transferred to the possession of the state (further - the list of property).

In the list of property general characteristics of such property (the location, the total area of real estate objects, data on the revealed accounts of political party, purpose and cadastral numbers of the parcels of land, the sizes of shares in the authorized capital of legal entities and so forth) are specified.

In case of identification of property of political party after approval of the list of property the Ministry of Justice instantly makes corresponding changes to it.

4. If the list of property contains data on securities, corporate laws, real or personal estate (except objects of intellectual property right, the parcels of land and means), authorized body of management of such property is the Fund of state-owned property.

The Ministry of Justice within 10 working days from the date of approval of the list of property sends its copy and the copy of the judgment to Fund of state-owned property as to authorized body of management of this property.

The fund of state-owned property after obtaining from Ministry of Justice of the copy of the list of property and the copy of the judgment within 10 working days takes measures to state registration of the corporeal rights to such property and/or measures for acceptance to the sphere of the management of the corresponding securities, corporate laws.

5. In case the list of property contains data on objects of intellectual property right, the Ministry of Justice within 10 working days from the date of approval of the list of property sends the copy of the judgment and the copy of the list of property of Ministry of Economics for representation them to 10-day time to National authority of intellectual property for application of measures for registration of transition of such intellectual property rights to property of the state by it on behalf of National authority of intellectual property.

6. If the list of property contains data on means on accounts in banks of the political party forbidden by court, its regional, city, district organizations, primary departments and other structural educations, Ministry of Justice as the claimant within three working days from the date of approval of the list of property initiates payment transaction before banks in which the corresponding accounts are opened, and sends them the payment instruction (requirement) for ensuring money transfer of political party to the government budget.

7. If the list of property contains data on the parcel of land, the Ministry of Justice within 10 working days from the date of approval of the list of property sends to executive body according to the powers determined by Article 122 of the Land code of Ukraine, the copy of the judgment and the copy of the list of property for acceptance by it in the 10-day time of measures to state registration of the property right of the state to such parcel of land.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 12, 2022 No. 896

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