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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 27, 2022 No. 1482

About implementation of the pilot project on construction, repair and other technical actions for protection of objects of critical infrastructure of the fuel and energy sector of critical infrastructure (Extraction)

The Cabinet of Ministers of Ukraine decides:

1. Agree with the offer of the Ministry of development of communities, the territories and infrastructure and the State agency of motor-roads concerning implementation till December 31, 2024 of the pilot project on construction, repair and other technical actions for protection of objects of critical infrastructure of the fuel and energy sector of critical infrastructure (further - the pilot project).

2. Approve the Procedure for implementation of the pilot project on construction, repair and other technical actions for protection of objects of critical infrastructure of the fuel and energy sector of critical infrastructure which is applied.

3. Determine that in case of implementation of the pilot project resolutions of the Cabinet of Ministers of Ukraine are not applied:

1) of December 27, 2001 No. 1764 "About approval of the Procedure for public financing of capital construction" (The Official Bulletin of Ukraine, 2001, No. 52, the Art. 2374);

2) of November 13, 2013 No. 835 "About approval of the Procedure for selection of investment projects for which implementation the state support" (The Official Bulletin of Ukraine, is provided 2013, to No. 90, by Art. 3321; 2018, No. 1, Art. 13);

3) of July 22, 2015 No. 571 "Some questions of management of the state investments" (The Official Bulletin of Ukraine, 2015, No. 64, the Art. 2116);

4) of December 4, 2019 No. 1070 "Some questions of implementation by managers (receivers) of budgetary funds of advance payment of the goods, works and services which are purchased for budgetary funds" (The Official Bulletin of Ukraine, 2020, No. 2, the Art. 64).

4. Bring the enclosed changes in acts of the Cabinet of Ministers of Ukraine.

5. To the ministry of development of communities, territories and infrastructures and to the State agency of motor-roads to submit within a month from the date of completion of implementation of the pilot project to the Cabinet of Ministers of Ukraine the final report about results it realization.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 27, 2022, No. 1482

Procedure for implementation of the pilot project on construction, repair and other technical actions for protection of objects of critical infrastructure of the fuel and energy sector of critical infrastructure

1. This Procedure determines procedure of implementation of the pilot project for construction, repair and other technical actions for protection of objects of critical infrastructure of the fuel and energy sector of critical infrastructure (further - the pilot project) which shall be performed during most reduced terms.

2. The pilot project is aimed at providing life activity of the population of Ukraine in the conditions of warlike situation.

3. Coordinators of the pilot project are the Ministry of Infrastructure and Ukravtodor.

4. Participants of the pilot project the Ministry of Energy, the General Staff of Armed Forces of GSChS, operators of critical infrastructure of the fuel and energy sector of critical infrastructure, Administration of Gosspetssvyaz, regional and Kiev city military authorities, Ukravtodor and services of motor-roads in areas, the project and construction organizations (under approval).

5. Information concerning the location of objects of critical infrastructure of the fuel and energy sector of critical infrastructure, subject to construction, repair and also on which other technical measures for their protection shall be performed, moves in two weeks of the Ministry of Energy in the Ministry of Infrastructure and Ukravtodor.

6. Operators of critical infrastructure of the fuel and energy sector of critical infrastructure together with regional and Kiev city military authorities, the General Staff of Armed Forces, GSChS submit to Mininfrastrukture and Ukravtodor information on availability of the parcels of land allocated in accordance with the established procedure for construction of facilities of critical infrastructure of the fuel and energy sector of the critical infrastructure, technical parameters of such construction (the project of design assignment or the existing feasibility statement, or conceptual design) expected construction cost, repair and other technical actions for protection of objects of critical infrastructure of the fuel and energy sector of critical infrastructure in a month.

7. By results of generalization of Mininfrastruktur's information specified in Items 5 and 6 of this Procedure together with the Ministry of Energy approves the list of objects of critical infrastructure of the fuel and energy sector of critical infrastructure for their construction, repair and other technical actions for their protection (with indication of amount and sources of financing).

8. For warlike situation in Ukraine or its certain areas the construction, repair and other technical actions for protection of objects of critical infrastructure of the fuel and energy sector of critical infrastructure are performed without withdrawal of the parcel of land, compliance of town-planning documentation, receipt of town-planning conditions and restrictions of building of the parcel of land, receipt of the expert opinion according to the project documentation on construction of facilities, receipt of the right to accomplishment of construction works, and also without use of Single state electronic system in the field of construction and registration of the rights to the parcels of land.

Use of the parcels of land (including forestry and landscape assignment) for the purposes determined by this Item until their withdrawal, the redemption or branch in the procedure established by the legislation is performed on condition of approval of such use with:

the owner of the parcel of land for lands of private pattern of ownership;

the corresponding regional or Kiev city military authorities for lands of the state pattern of ownership;

relevant organ of local self-government for lands of utility pattern of ownership.

After the termination or cancellation of warlike situation in Ukraine or its certain areas asset holders of the objects specified in paragraph one of this Item take measures to registration of the rights to the parcels of land according to the legislation.

9. The main manager of the budgetary funds allocated for implementation of the pilot project is Ukravtodor.

Customers of works (services) in construction, repair and other technical actions for protection of objects of critical infrastructure of the fuel and energy sector of critical infrastructure and receivers of budgetary funds are services of motor-roads in areas.

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