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of November 7, 2023 No. 1170
About approval of the Procedure and conditions of coordination by subjects of managing in spheres of centralized water supply and/or centralized water disposal which licensing of economic activity perform Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations, with local government bodies of borrowings from foreign states, banks and international financial institutions for implementation of investment projects
Cabinet of Ministers of Ukraine decides:
Prime Minister of Ukraine
D. Shmygal
Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 7, 2023, No. 1170
1. This Procedure and conditions determine the mechanism of coordination by subjects of managing in spheres of centralized water supply and/or centralized water disposal which licensing of economic activity perform Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations (further - subjects of managing), with local government bodies loans, (credit) of borrowings from foreign states, banks and international financial institutions for implementation of investment projects (further - borrowings).
2. For the purpose of coordination of borrowings which compensation is supposed to be performed at the expense of rates for services in centralized water supply and/or centralized water disposal which will include funds for repayment of the main amount of borrowing, expenses on interest payment and other expenses connected with borrowings the subject of managing sends the appeal in paper (on the postal address) or electronic (on the e-mail address) form to local government body to which powers establishment of rates for centralized water supply and centralized drainage system belongs (further - executive body).
Are applied to the address:
the list of actions of the investment project with reasons for feasibility and need of their implementation, the written feasibility statement on capture of borrowings, analysis results of technical condition of objects of water disposal with determination of the first-priority directions of investments (taking into account integrated approach in the directions of collection, transportation, cleaning and dumping of sewage);
the summary estimate calculation of construction cost of object approved by the customer of construction which construction is provided by the investment project for planning period, and data on resources to it;
the copy of the report on conducting examination of estimate part of the project documentation for planning period according to the Law of Ukraine "On regulation of town-planning activities";
estimated prices of purchases which are applied when forming the investment project;
obligations on effective use of means, resources, assets and achievement of the expected results of implementation of the investment project, in particular on:
- to obligatory use of estimate norms on pricing in construction;
- to ensuring inclusion in the tender documentation and conditions of agreements of requirements concerning responsibility of subjects of managing, in particular the amount of providing the agreement, application of penalties for failure to carry out or untimely accomplishment of obligations, for violation of schedules of performance of works, quality requirements, inappropriate use of advance payments, untimely return of advance payments, control of implementation of charge of penalties and carrying out proper claim and claim work;
- to ensuring control and check of actually incurred expenses of contractors (including subcontractors (in case of their attraction) during the planning and accomplishment of the investment project;
- to decrease in specific costs, and also losses of resources; to ensuring technological accounting of service in centralized water supply; reduction of amount of consumption of water by technological needs; improvement of quality of services in centralized water supply and/or centralized water disposal;
information on the preliminary financial plan of implementation of each action within the investment project;
information on conditions of attraction of borrowings (the approximate amount of borrowings, their source - international financial institution, the predicted schedule of financing, the repayment schedule of percent and the main amount of borrowings (in particular the size of interest for using, payment due dates of percent and the main amount of borrowings), currency of return of borrowings);
to calculation of economic effect of implementation of the investment project for the purpose of accounting of the corresponding amounts of means as source of return of borrowings;
to analysis results of the influence on level and structure of rates expected the period of validity (agreement) on loan, credit.
3. In case of detection of discrepancy of the documents submitted by the subject of managing to requirements of Item of 2 these procedures and conditions of the appeal to consideration is not accepted what within 10 working days from receipt date of the address the executive body in writing reports to the subject of managing about.
4. For the purpose of receipt of the additional information to the documents submitted by the subject of managing the executive body can send to the subject of managing inquiry, the answer to which shall be provided by the subject of managing within 10 working days from the date of its receipt. In that case the term of consideration of the address is prolonged for the corresponding term.
5. Addresses of the subject of managing and appendix to it are considered by executive body within 20 working days from the date of its receipt.
By results of consideration of the specified address the executive body prepares the conclusion which is provided to village, settlement, city, regional, regional council to which powers coordination of local borrowings, for consideration and decision making is referred.
6. The village, settlement, city, regional, regional council considers the conclusion of executive body and adopts the decision on coordination of borrowings at regular session after receipt of the conclusion.
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