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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 22, 2023 No. 1032

Some questions of alienation and transfer to lease (employment) of property of economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state or other legal entity the single participant (founder) of which is the state

According to Item "About management of objects of state-owned property" the Cabinet of Ministers of Ukraine decides 28 parts two of article 5 of the Law of Ukraine:

1. Approve the Procedure for alienation and transfer to lease (employment) of property of economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state or other legal entity as the single participant (founder) of which the enclosed state is.

2. Determine joint-stock company "Prozorro. Sales" responsible for ensuring functioning of electronic trading system - the administrator of electronic trading system.

3. Lease agreements (hiring) of property of the state joint-stock companies which 100 percent of shares in the authorized capital are in state-owned property concluded before entry into force of this resolution, are valid during the term of their action.

4. Introduce in the Procedure the order property of the Ukrainian Railroad joint-stock company approved by the resolution of the Cabinet of Ministers of Ukraine of November 22, 2017 No. 1054 (The Official Bulletin of Ukraine, 2018, No. 4, Art. 155; 2019, No. 69, Art. 2422; 2020, No. 90, Art. 2907; 2021, No. 35, Art. 2097; 2022, No. 46, the Art. 2529) added change.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 22, 2023, No. 1032

The procedure for alienation and transfer to lease (employment) of property of economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state or other legal entity the single participant (founder) of which is the state

1. This Procedure determines the mechanism and methods of alienation and transfer to lease (employment) of property of economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state or other legal entity, the single participant (founder) of which is the state (further - economic society).

2. In this Procedure terms are used in the following value:

1) property - the assets of economic societies which entered the authorized capital or acquired by economic society on other legal causes and belonging to economic society on the property right, relating to property, plant and equipment (funds) and other non-current assets (except intangible assets, long-term financial investments, delayed tax assets, invaluable non-current tangible assets), and also to other tangible assets formed as a result of write-off of property (including scrap metal), except invaluable assets (objects);

2) alienation of property transition of the property right to property from economic society to other legal, physical or physical person entrepreneur according to procedures and the method provided by this Procedure;

3) warranty fee method of ensuring accomplishment by the participant of obligations on participation in electronic auction according to which the user grants the sum for acquisition of participant status of electronic auction by money transfer into the account of the operator of an electronic trading platform;

4) the electronic auction by method of increase in the price method of alienation, transfer to lease (employment) of lot by which the repeating price increase process by three rounds in real time is carried out and the winner becomes the participant who during the auction in electronic trading system offered top price;

5) electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers - the method of alienation, transfer to lease (employment) of lot on which the starting price of lot falls step by step during the auction with the subsequent possibility of additional submission of price offers and the winner becomes the participant who during the auction in electronic trading system offered top price;

6) stage of submission of price offers for running an electronic auction by method of increase in the price - period during which all participants are given opportunity to do price offers according to this Procedure;

7) stage of submission of price offers for running an electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers - the period consisting of two periods periods of submission of the closed price offers by all participants except that participant who relied and the period of submission of the price offer by the participant who relied;

8) the closed price offer for running an electronic auction by method of increase in the price amount of means which payment is declared by the participant before running an electronic auction by method of advance in price and is specified in private office through the operator of an electronic trading platform in electronic trading system before the termination of deadline of adoption of statements participation in electronic auction;

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