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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 15, 2024 No. 292

About approval of the procedures for provision of compensation of cost constructed by the applicant or the investor with considerable investments of objects of engineering and transport infrastructure and compensation for expenses on connection and accession to engineering transportation networks necessary for implementation of the investment project with considerable investments

According to items 4 and 5 parts one of article 3 of the Law of Ukraine "About the state support of investment projects with considerable investments in Ukraine" the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

Procedure for provision of compensation of cost constructed by the applicant or the investor with considerable investments of the objects of engineering and transport infrastructure necessary for implementation of the investment project with considerable investments;

Procedure for provision of compensation for expenses on connection and accession to engineering transportation networks, necessary for implementation of the investment project with considerable investments.

2. Recommend to local government bodies in case of decision making about provision of compensation of cost constructed by the applicant or the investor with considerable investments of objects of engineering and transport infrastructure and the provision of compensation for expenses on connection and accession to engineering transportation networks necessary for implementation of the investment project with considerable investments, at the expense of means of the local budget to be guided by the procedures approved by this resolution.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 15, 2024, No. 292

Procedure for provision of compensation of cost constructed by the applicant or the investor with considerable investments of the objects of engineering and transport infrastructure necessary for implementation of the investment project with considerable investments

1. This Procedure determines procedure for granting of compensation of cost constructed by the applicant or the investor with considerable investments of the objects of engineering and transport infrastructure necessary for implementation of the investment project with considerable investments concerning which data are included in the register of investment projects with considerable investments (further - compensation).

2. The terms used in this Procedure have the following value:

the cost of objects of engineering and transport infrastructure expenses (excluding tax on value added), performed by the applicant or the investor with considerable investments, on construction of facilities of engineering and transport infrastructure;

objects of engineering and transport infrastructure objects of engineering, transport constructions and communications (automobile ways, communication lines, means warm, gazo-, water - and electric utility services and water disposals, engineering communications, etc.).

Other terms are used in the value given in the Law of Ukraine "About the state support of investment projects with considerable investments in Ukraine".

3. Compensation is provided to the investor with considerable investments for actually performed and confirmed applicant's expenses which were enlisted as considerable investments, and/or the investor with considerable investments during the term of implementation of the investment project with considerable investments in accordance with the terms of the special investment agreement.

4. The Ministry of Economics performs provision of compensation for the account of the means provided by the law on the Government budget of Ukraine for the corresponding year according to the budget program for ensuring the state support of implementation of investment projects with considerable investments.

5. Compensation is provided in accordance with the terms of the special investment agreement, considering the general and actually provided amount of the state support for implementation of the investment project with considerable investments (further - the state support), according to data from the register of investment projects with considerable investments concerning such amounts of the state support.

By provision of compensation of Ministry of Economics the amount of compensation provided to the investor with considerable investments at the expense of means of local budgets and from other sources which are not prohibited by the law according to data from the register of investment projects with considerable investments is considered.

6. If by conditions of the special investment agreement it is provided the state support in form of compensation for the account of means of the government budget, the investor with considerable investments gives to Ministry of Economics in paper or electronic form no later than November 1 of year in which receipt of such compensation, the statement according to appendix is expected.

Are enclosed to the application:

the copy of the document confirming approval (approval) of the project documentation by the customer on asset construction of engineering and transport infrastructure in the procedure established by the legislation and the copy of the report on results of examination of the project documentation on asset construction, including its estimate part;

copies of the documents confirming acceptance in operation of the acceptance finished with asset construction of engineering and transport infrastructure according to procedure in operation finished with construction of facilities, the Cabinet of Ministers of Ukraine approved by the resolution of April 13, 2011 No. 461 "Question of acceptance in operation finished with construction of facilities" (The Official Bulletin of Ukraine, 2011, No. 32, Art. 1359; 2015, No. 78, Art. 2599);

copies of the documents confirming the fact of performance of works and/or rendering services, and also the fact of payment of the performed works and the rendered services (acts of the performed works, payment instructions, statements from bank accounts about transfer and receipt of means, other documents confirming construction expenses of object of engineering and transport infrastructure).

The investor with considerable investments guarantees reliability and completeness of information provided in the statement and documents attached to it.

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