LAW OF UKRAINE

of November 29, 2001 No. 2864-III

About introduction of the moratorium on forced realization of property

This Law is aimed at providing economic safety of the state, non-admission of destruction of complete property complexes of the state companies, protection of interests of the state in case of realization of property of economic societies in which authorized capital the part of the state constitutes at least 25 percent, and also economic societies in defense industry complex determined by part one of article 1 of the Law of Ukraine "About features of reforming of the companies of defense industry complex of the state pattern of ownership".

Article 1. Establish the moratorium on application of forced realization of property of the state companies and economic societies in which authorized capital the part of the state constitutes at least 25 percent of the economic societies in defense industry complex determined by part one of article 1 of the Law of Ukraine "About features of reforming of the companies of defense industry complex of the state pattern of ownership" (further - the companies), before enhancement of the mechanism of forced realization of property determined by the laws of Ukraine.

Operation of the moratorium established by part one of this Article does not extend to application of forced realization of property (except for objects which according to the law are not subject to privatization, and also the companies before which the state has debt on compensation of difference confirmed in accordance with the established procedure in rates for heat energy and services in heating which were made, transported and delivered to the population) for debt repayment before National joint stock company "Naftogaz of Ukraine" and its affiliated enterprises which performed supply of natural gas based on the license. The procedure for realization of property is established by the Cabinet of Ministers of Ukraine.

Article 2. For the purposes of this Law forced realization of property of the companies is understood as alienation of the real estate units and other fixed assets of production providing maintaining productive activity by these companies and also the shares (shares, shares) belonging to the state in property of other economic societies and stocks (shares) of the economic societies in defense industry complex determined by part one of article 1 of the Law of Ukraine "About features of reforming of the companies of defense industry complex of the state pattern of ownership" transferred in the authorized capital of these companies if such alienation is performed in the way:

addresses of claim to property of the debtor according to the decisions which are subject to execution by the Public executive service except decisions on salary payment and other payments which are due to the worker in connection with employment relationships and decisions concerning obligations of the debtor on transfer to funds of obligatory national social insurance of debt on the payment of fees in these funds which arose till January 1, 2011 and for transfer to bodies of the Pension fund of Ukraine of debt on payment of single fee on obligatory national social insurance;

the paragraph third Article 2 is excluded according to the Law of Ukraine from 22.12.201 g No. 4212-VI

Article 3. Final provisions

1. This Law becomes effective from the date of its publication.

2. To the Cabinet of Ministers of Ukraine:

provide steady execution of this Law;

in a month to provide in accordance with the established procedure the bill of introduction of amendments to the laws of Ukraine "About enforcement proceeding", "About recovery of solvency of the debtor or recognition by his bankrupt" in which to provide enhancement of the mechanism of forced realization of property of the companies.

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