LAW OF UKRAINE

of June 20, 1997 No. 386/97-BP

About forming of Fund for implementation of actions for mitigation of consequences of the Chernobyl catastrophic crash and social protection of the population

Article 1. The fund for implementation of actions for mitigation of consequences of the Chernobyl catastrophic crash and social protection of the population (further - Fund) is formed as a part of the Government budget of Ukraine due to collection in this Fund (further - collection).

Article 2. Payers of collection in Fund are:

from among residents - subjects of business activity irrespective of patterns of ownership, the public and other institutions and the organizations (except budgetary institutions and the organizations) performing the activities directed to profit earning, both in the territory of Ukraine, and beyond its limits and performing compensation;

from among nonresidents - the physical or legal entities created in any form of business, gaining income from sources of their origin from Ukraine performing compensation, except for organizations and the organizations which have the diplomatic status or immunity according to the international treaty or the law;

the branches, departments and other separate divisions of payers of collection which do not have the status of the legal entity, performing compensation;

the permanent missions of nonresidents gaining income from sources of their origin from Ukraine or performing the agency (representative) functions concerning such nonresidents or their founders performing compensation.

Article 3. The taxation object are actual expenses of payers of collection on compensation of faces consisting in employment relationships with the payer of collection, both the other incentive and compensation payments, and also expenses on payment of awards and payments for performance of works (services) including expenses on payment of the main and additional salary according to agreements of civil nature.

Article 4. The rate of charge constitutes ten percent of the taxation object with reference of paid amounts on gross expenses of production and turnover of the payer of collection.

Collection is paid in the second half of month along with obtaining in organizations of banks of funds for compensation.

Article 5. Collection is enlisted in structure of the income of the Government budget of Ukraine into the special account created by Fund.

Manager of these means is the Ministry of Ukraine concerning emergency situations and for protection of the population against consequences of the Chernobyl catastrophic crash. Fund is spent only for financing of actions for mitigation of consequences of the Chernobyl catastrophic crash and social protection of the population. The actions financed from Fund affirm the law of Ukraine on the Government budget of Ukraine for each current year.

Use of these means not on purpose, including on credit, deposit operations, provision of loans and on other actions which are not provided by the Law of Ukraine "About the status and social protection of the citizens injured with the Chernobyl catastrophic crash" is forbidden.

Article 6. Are exempted from payment of collection:

companies of the coal industry;

the companies performing production iron, manganese and uranium ores by underground method and construction of mines;

the companies (consolidation) and the organization of the Ukrainian society of blind people and the Ukrainian society of deafs where disabled people constitute more than 50 percent of total employment in the main production.

The list of the companies (associations) and the organizations of the Ukrainian society of blind people and the Ukrainian society of deafs which are exempted from collection payment, approves the Cabinet of Ministers of Ukraine.

Article 7. The taxation object, rate of charge, procedure for its calculation, payment due date and tax benefits can change only by introduction of amendments to this Law.

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

2. To the Cabinet of Ministers of Ukraine within two weeks from the date of publication of the Law of Ukraine "About forming of Fund for implementation of actions for mitigation of consequences of the Chernobyl catastrophic crash and social protection of the population":

develop and bring into accord with this Law the regulatory legal acts;

provide review and cancellation by the ministries and other central executive bodies of Ukraine of their regulatory legal acts contradicting this Law.

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