Unofficial translation (c) Soyuzpravoinform LLC

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 21, 2023 No. 183

About approval of the Procedure for holding electronic auctions for sale of subjects to big privatization

According to part one of article 19 of the Law of Ukraine "About privatization of the state-owned and municipal property" the Cabinet of Ministers of Ukraine DECIDES:

1. Approve the Procedure for holding electronic auctions for sale of subjects to big privatization which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 21, 2023, No. 183

Procedure for holding electronic auctions for sale of subjects to large privatization

General questions

1. This Procedure determines the mechanism of holding electronic auctions for sale of subjects to big privatization with use of electronic trading system, determination of the winner by results of electronic auction, the size and procedure for introduction of payment for participation in electronic auction according to provisions of the Law of Ukraine "About privatization of the state-owned and municipal property" (further - the Law).

Action of this Procedure extends, except sale of subjects to big privatization, also to realization of the assets collected in the income of the state on which the judgment on application of the sanction, stipulated in Item 1-1 part one of article 4 of the Law of Ukraine "On sanctions" is made (further - subject to privatization), taking into account the features established by the paragraph third parts three of article 5-1 of the Law of Ukraine "About sanctions" concerning transfer of the money received as a result of realization of assets in the government budget and the directions in fund of mitigation of consequences of the armed aggression.

2. Terms which are used in this Procedure have the following value:

the authorization these-identification data created by the participant when passing registration in electronic trading system through electronic platform by means of which its powers on access to personal account and making of any actions in electronic trading system for participation in electronic auctions are performed;

stage of submission of price offers for running an electronic auction with conditions, with decrease in the starting price - period during which all participants are given opportunity to do offers according to this Procedure;

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, repeated electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers (further - 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 - the period of submission of the closed price offers by all participants, besides, which relied, and the period of submission of the price offer by the participant who relied;

the closed price offer for running an electronic auction with conditions, with decrease in the starting price amount of means which payment is declared by the participant before running an electronic auction and moves in private office through the operator of an electronic trading platform in electronic trading system before the termination of deadline of adoption of statements for participation in electronic auction;

the closed price offer for running an electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers - the amount of means which payment is declared by participants in electronic trading system, except relied;

bid increment on running an electronic auction with conditions, with decrease in the starting price - the allowance on which during the electronic auction increase in the price offer can be performed;

bid increment for running an electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers - discount on which during the electronic auction decrease in the starting price of lot announced to sale during the period of running an electronic auction until automatic implementation of the last of certain steps or until implementation of rate by the participant, and the minimum allowance on which during the electronic auction increase in the price offer can be performed is automatically and gradually performed;

lot - the subject to privatization offered for electronic auction;

the minimum bid increment - the minimum allowance at the level of 1 percent of the starting price of subject to the privatization determined for each auction on which during the electronic auction increase in the price offer can be made is established;

private office - the component of electronic trading system allowing the privatization authority / organizer of auction, the potential buyer to perform activities in electronic trading system according to this Procedure;

the period for giving of rate in electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers - period between start of electronic auction and each subsequent automatic step-by-step decrease in the starting price during which the participant has the right to rely, corresponding to current price of lot;

the period of running an electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers - period during which automatic step-by-step decrease in the starting price of lot of the quantity of steps determined according to requirements of this Procedure and submission of price offers (in case of implementation of rate by the participant) on the conditions established by this Procedure is performed;

payment for participation - the monetary reward of the operator of an electronic trading platform which is subtracted from the electronic auction paid by the winner or person on whom the decision on privatization of object by the redemption, the guarantee fee according to the contract between the operator of an electronic trading platform and the participant and taking into account requirements of this Procedure is made;

prior consent to the expectation assurance of the potential buyer provided to the operator of an electronic trading platform, that in case of introduction by it of the price offer, the second for the size, / the closed price offer / rate he agrees to expectation of results of electronic auction according to this Procedure and to receipt of its guarantee fee after the moment determined by this Procedure;

the potential buyer - person who intends to participate in electronic auction;

current price of lot price of lot which is displayed in real time and is effective during the period between the beginning of automatic step-by-step decrease in the starting price of subject to privatization, including period between implementation of the last step and completion of electronic auction by method of step-by-step decrease in the starting price and the subsequent submission of price offers;

the applied program interface interface of programming of appendices, access to which is provided in the form of open source code which determines the functionality provided by electronic trading system and is intended for connection of electronic platforms (operators of electronic platforms) to electronic trading system;

the register - component of electronic trading system in which the privatization authority through private office publishes the list of privatizeable objects and any changes in it;

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