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of March 12, 2024 No. 312
About approval of the Procedure and methodology of evaluating the investment project with considerable investments
According to the paragraph of the fourteenth of part one of article 8 of the Law of Ukraine "About the state support of investment projects with considerable investments in Ukraine" the Cabinet of Ministers of Ukraine decides:
2. Determine that requests which were returned by the Ministry of Economics to the applicant according to Item 2 of the Section II "Final and transitional provisions" of the Law of Ukraine of August 9, 2023 No. 3311-IX "About modification of some legal acts of Ukraine concerning implementation of investment projects with considerable investments" can be repeatedly submitted according to the simplified procedure determined by Items 22 - 27 About and the methodologies approved by this resolution till August 1, 2024.
3. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the enclosed list.
Prime Minister of Ukraine
D. Shmygal
Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 12, 2024, No. 312
General questions
1. This Procedure and methodology determine the procedure of evaluating the investment project with considerable investments (further - assessment).
2. In this Procedure and methodology terms are used in the value given in the Law of Ukraine "About the state support of investment projects with considerable investments in Ukraine" (further - the Law).
3. Action of this Procedure and methodology does not extend to projects which realization is enabled according to Procedure for preparation, realization, carrying out monitoring and completion of projects implementation of economic and social development of Ukraine, supported by international financial institutions, No. 70 approved by the resolution the Cabinet of Ministers of Ukraine of January 27, 2016 (The Official Bulletin of Ukraine, 2016, No. 16, the Art. 627).
4. Assessment is carried out by Ministry of Economics two stages no more than 60 calendar days from the date of receipt of the request in form according to appendix 1, which includes:
draft of the special investment agreement;
the feasibility statement on the investment project with considerable investments (further - the feasibility statement) developed taking into account the requirements to the feasibility statement on the investment project with considerable investments approved by the resolution of the Cabinet of Ministers of Ukraine of May 19, 2021 No. 515 (The Official Bulletin of Ukraine, 2021, No. 43, the Art. 2626);
the documents confirming the applicant's compliance to the requirements to the applicant of rather financial capability for implementation of the investment project with considerable investments approved by the resolution of the Cabinet of Ministers of Ukraine of June 23, 2021 No. 648 (The Official Bulletin of Ukraine, 2021, No. 52, the Art. 3211);
the documents confirming lack of the restrictions determined by part four of article 7 of the Law, given the applicant taking into account requirements, the stipulated in Item 6 presents About and methodologies.
If the applicant performed considerable investments into investment object before date of application, together with the request audit reports and/or reports on auditor services in the overview of interim financial statements (intermediate consolidated financial statements) and the copy of the relevant source documents containing all data on economic activities (receipt of goods/works/services, write-off of money for payment) according to the legislation (in particular, goods issue slips, customs declarations, commodity-transport delivery notes or other transport documents, acts of the performed works, payment instructions about implementation of financing, the statement from bank accounts about money transfer or other documents confirming amount of the performed considerable investments into investment object), for confirmation of amount of the considerable investments into investment object performed by it move. Audit reports and/or reports on auditor services in the overview of interim financial statements (intermediate consolidated financial statements) and the copy of the relevant source documents containing data on economic activities move concerning the performed considerable investments before date of application into authorized body irrespective of they are considered/join or are not considered / such considerable investments into calculation of the amount of considerable investments into investment objects for implementation of the investment project with considerable investments do not join.
In case when for date of application there is no audit report for all accounting period in which considerable investments into investment object were performed, for confirmation of amount of the performed considerable investments into investment object together with the request the report on auditor services in the overview of interim financial statements (intermediate consolidated financial statements) prepared by the subject of auditor activities moves.
In that case the subject of auditor activities preparing the audit report, the report on auditor services in the overview of interim financial statements (intermediate consolidated financial statements) shall conform to the requirements determined by Items 25 and 26 of the requirements to the applicant of rather financial capability for implementation of the investment project with considerable investments approved by the resolution of the Cabinet of Ministers of Ukraine of June 23, 2021 No. 648.
In case when the application is submitted together by several legal entities, together with the request properly verified copy of the agreement on creation of society or the foundation agreement, or the corporate agreement concerning the investor with considerable investments (in case the investor with considerable investments is educated for date of application) moves, or agreements (agreements) on cooperation between the legal entities who submitted the application which is signed by authorized representatives of all legal entities who submitted the application and contains the following information:
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