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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 14, 2023 No. 1250

About introduction of amendments to resolutions of the Cabinet of Ministers of Ukraine of August 9, 2017 No. 558 and of September 27, 2017 No. 719

The Cabinet of Ministers of Ukraine DECIDES:

Bring in resolutions of the Cabinet of Ministers of Ukraine of August 9, 2017 No. 558 "About selection on the competitive beginnings of the legal entities enabling the realization of the arrested assets" (The Official Bulletin of Ukraine, 2017, No. 66, the Art. 1954) and of September 27, 2017 No. 719 "About approval of the Procedure for realization of the arrested assets at the electronic biddings" (The Official Bulletin of Ukraine, 2017, No. 80, Art. 2448; 2018, No. 55, Art. 1918, No. 76, Art. 2533; 2020, No. 57, Art. 1784, No. 71, Art. 2268; 2022, No. 35, the Art. 1903) changes which are applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 14, 2023 No. 1250

The changes made to resolutions of the Cabinet of Ministers of Ukraine of August 9, 2017 No. 558 and of September 27, 2017 No. 719

1. In the resolution of the Cabinet of Ministers of Ukraine of August 9, 2017 No. 558:

Shall be replaced with words 1) in the name of the resolution of the word "About Selection" "About approval of the Procedure for selection";

The prolog of the resolution after the words "According to" add 2) with words of "the paragraph of the fourth";

The deciding part to state 3) in the following edition:

"Approve the Procedure for selection on the competitive beginnings of the legal entities enabling the realization of the enclosed arrested assets.";

4) to add the resolution with Procedure for the following content:

"No. 558 is approved by the Resolution of the Cabinet of Ministers of Ukraine of August 9, 2017

Procedure for selection on competitive basis of the legal entities enabling the realization of the arrested assets

General part

1. This Procedure establishes the procedure of carrying out ARMAGH of selection on competitive basis of the legal entities enabling the realization of the arrested assets (further - tender).

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

the administrator of electronic trading system (further - the administrator) - joint-stock company "Prozorro. Sales";

the electronic trade system - the two-level information and communication system consisting of the central database and electronic platforms which interact via the interface of programming of appendices which is provided in the form of code with open access and determines functionality of electronic trading system. The specified system provides possibility of creation, placement, promulgation and exchange of information and documents electronically, necessary for holding the auction electronically;

the electronic biddings - method of realization of lot on which the participant who during the auction in electronic trading system (electronic trading system) offered top price becomes the winner;

the operator of an electronic trading platform - the legal entity having the right to use electronic platform also acts according to the agreement signed with the administrator of electronic trading system;

the participant of tender - the legal entity who filed documents in time, provided in the published announcement of carrying out tender.

The term "final beneficial owner" in this procedure is used in the value given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction".

Other terms are used in the value given in the Laws of Ukraine "About privatization of the state-owned and utility property", "About electronic confidential services", "About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes", the resolution of the Cabinet of Ministers of Ukraine of May 10, 2018 No. 432 "About approval of the Procedure for holding electronic auctions for sale of subjects to small privatization and determination of additional terms of sale" (The Official Bulletin of Ukraine, 2018, No. 47, the Art. 1641, No. 62, the Art. 2136), taking into account the features determined by this Procedure.

3. Competition is held with respect for the following principles:

1) fair competition among participants;

2) openness and transparency at all stages of tender and in activities of the commission on questions of carrying out competitive selection of the legal entities enabling the realization of the arrested assets (further - the commission);

3) nondiscrimination of participants of tender;

4) objective and impartial assessment of the provided offers and determination of the winner of tender;

5) prevention of corruption and to other manifestations of not respectability during tender and in activities of the commission on questions of carrying out competitive selection of the legal entities enabling the realization of the arrested assets.

Carrying out tender on realization of assets in the form of personal estate which is abroad and is transferred to ARMAGH for realization, is performed in coordination with the Cabinet of Ministers of Ukraine. Such approval can be drawn up by the legal decision of the Cabinet of Ministers of Ukraine.

Competition is held by the commission in structure, the approved order ARMA.

The structure of the commission is created of officials of ARMAGH and representatives of Public council to ARMAGH and/or officials of other public authorities (in their consent) by total quantity seven people:

five persons the Chairman of ARMAGH from among officials of ARMAGH determines and/or officials from public authorities, in particular, of Ministry of Economics and Ministry of Justice (by their consent);

two persons from structure of Public council in case of ARMAGH determined by Public council.

Persons having faultless goodwill, high professional and moral qualities can be members of the commission.

Information on staff of the commission will be promulgated on the official ARMA website no later than in the next working day from the date of its approval or modification of it.

The chairman, his deputy, the secretary and members of the commission are part of the commission.

The commission chairman performs management of activities of the commission, offers the agenda of commission sessions to approval of the commission, presides over its meetings, determines time and the venue of meetings.

In case of absence on commission session of its chairman of its obligation the vice-chairman performs. In case of simultaneous absence of the commission chairman and his deputy from structure of the commission by open voting person fulfilling the chairman's duties on commission session is by a simple majority vote elected.

The secretary of the commission provides organizational activities of the commission, convokes by proxy the chairman of commission session and draws up its decision.

In case of absence on commission session of the secretary of the commission of its obligation one of members of the commission elected from among members of the commission at its meeting on representation of the chairman at meeting performs.

Organizational and material logistics of activities of the commission provides ARMAGH.

4. The commission approves regulations where are determined the schedule of holding meetings, procedure for counting of votes and other points of order of activities of the commission which are not determined by this Procedure.

The regulations of activities of the commission not later than the next working day after day of its approval or day of modification of it will be promulgated on the official ARMA website.

5. Meetings which are held openly and publicly are form of work of the commission.

Commission session is considered competent if at it there are at least five of her members.

Commission sessions can be held remotely in real time (online) with use of technical means of electronic communications what it is told in the minutes of the commission about.

During commission session video broadcasting in real time (online) on the Internet is performed, and also audio - and video fixing of the course of meeting is provided. Videos of all commission sessions are published on the official ARMA website not later than during the next working day after day of carrying out the corresponding commission session.

The announcement of commission session not later than 24 hours prior to its carrying out will be promulgated on the official ARMA website. In such announcement time and the venue of commission session, the draft of the agenda of commission session offered by the commission chairman, the reference to the web page with video broadcast of commission session in real time are specified.

At commission session there can be representatives of participants of tender, other state bodies, media, public associations, international organizations, projects of the international technical assistance on condition of the prior notice of participation in commission session not later than three hours till its beginning. The corresponding representatives have the right to participate in commission session also in the video conference mode on condition of the prior notice of need of ensuring participation in the video conference mode in commission session not later than three hours till its beginning.

Representatives of the international organizations, projects of the international technical assistance have the right to participate in commission sessions with the right of advisory vote.

6. Election of the commission chairman, his deputy and secretary is performed by open voting on the first commission session by a majority vote of her members according to the proposal of members of the commission.

7. All decisions of the commission are made by the commission by vote.

Decisions of the commission are made by a simple majority vote from the general structure of the commission determined by Item 3 presents of the Procedure. The decision of the Commission is drawn up by the protocol which is signed by all members of the commission who are present at meeting with indication of decision date. In the decision results of vote of the members of the commission who are present at its meeting of each question are reflected. The protocol shall contain information on inundated results of vote of each of members of the commission.

The decisions of the commission made by results of meetings which were held remotely are drawn up by the protocol electronically which is signed by members of the commission by imposing of the digital signature taking into account requirements of the Law of Ukraine "About electronic confidential services".

Decisions of the commission will be promulgated on the official ARMA website no later than during the next working day after holding the corresponding meeting.

8. For the purpose of ensuring openness and transparency of activities of the commission of ARMAGH on the official website forms the separate open public public web page for informing on activities of the commission. On the homepage of the official site of ARMAGH the possibility of transition to such separate web page with information on activities of the commission is provided.

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