of September 21, 1999 No. 1075-XIV
About legal regime of property in the Armed Forces of Ukraine
This Law determines legal regime of the property assigned to military units, institutions, organizations and the organizations of the Armed Forces of Ukraine and powers of bodies of military management and officials by management of this property.
The military property is the state-owned property assigned to military units, institutions, organizations and the organizations of the Armed Forces of Ukraine (further - military units). Buildings, constructions, sending devices, all types of arms, military and other equipment, ammunition, fuels and lubricants, food, technical, airfield, shkipersky, ware, cultural and educational, medical, veterinary, household, chemical, engineering property, property of communication, and also the share, share in the authorized capital of legal entities (further - corporate laws) , etc. belong to military property.
The solution of questions on providing the Armed Forces of Ukraine with military property, and also determination of procedure for withdrawal and its transfer to the sphere of management central or local executive bodies, other bodies, authorized to manage state-owned property, to the self-controlled organizations and the organizations and in utility property of territorial bulks of villages, settlements, cities or in their joint property (with the consent of relevant organs of local self-government with observance of requirements of the Law of Ukraine "About transfer of objects of the right of the state-owned and utility property") is within the competence of the Cabinet of Ministers of Ukraine taking into account that arms and military equipment can be transferred only to military forming which existence is provided by the law, National police of Ukraine and the State Border Service of Ukraine and military weapon and ammunition to it to also Public special service of transport.
The Ministry of Defence of Ukraine as the central governing body of the Armed Forces of Ukraine exercises according to the law control military property, including assigns military property to military units (in case of their forming, reorganization), makes decisions on redistribution of this property between military units of the Armed Forces of Ukraine, including in case of their disbandment.
According to the decision of the Cabinet of Ministers of Ukraine the Ministry of Defence of Ukraine exercises control of corporate laws, compulsorily aloof in the conditions of legal regime of warlike situation, according to the legislation concerning management of objects of state-owned property, except assets in the form of shares/shares of bank, shares or share in the authorized (constituted) capital of non-bank financial institution and face which is not financial institution, but has the right to provide separate financial services, state regulation and supervision for which activities is exercised by the National Bank of Ukraine. The Cabinet of Ministers of Ukraine can determine other governing body of such corporate laws.
The procedure for transfer of the small-bore cartridges of caliber of 5,6 of millimeter suitable for use and storage, to the public and utility institutions of physical culture and sport which have the right according to the Law of Ukraine "About physical culture and sport" to use sports fire (except fighting) of weapon, is determined by the Cabinet of Ministers of Ukraine.
Features of application during action of warlike situation or during the special period of the legislation on joint-stock companies and other acts of the legislation of rather corporate laws, compulsorily aloof in the conditions of legal regime of warlike situation, are established by the National commission on securities and the stock market.
The military property is assigned to military units of the Armed Forces of Ukraine on the right of operational management (taking into account the features provided by part two of this Article).
From the moment of receipt of property in the Armed Forces of Ukraine and fixing it behind military unit of the Armed Forces of Ukraine it acquires the status of military property. Military units use the military property assigned to them only for its target and functional designated purpose. Accounting, inventory count, storage, write-off, use and transfer of military property are performed in the special procedure determined by the Cabinet of Ministers of Ukraine.
Shares in the authorized capital of legal entities, compulsorily aloof in the conditions of legal regime of warlike situation and transferred to the control to the Ministry of Defence of Ukraine, acquire the status of military property from the moment of carrying out in system of depositary accounting of depository operations on compulsory acquisition of such shares in property of the state.
Shares in the authorized capital of legal entities, compulsorily aloof in the conditions of legal regime of warlike situation and transferred to the control to the Ministry of Defence of Ukraine, acquire the status of military property from the moment of entering of corresponding changes into the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming of rather compulsory acquisition of such shares in property of the state.
The property for providing resistance movement is military property and is assigned to military units by Sil of special transactions of the Armed Forces of Ukraine.
Military units record the property assigned to them in quantitative, qualitative, accounting and number and cost indicators and consider on corresponding sluzhbamprodovolstvenny, ware, room and operational, fuels and lubricants, etc.
According to the procedure, provided by part one of this Article, it is recorded the property assigned to subordinate military units in services of providing bodies of military management, bodies of room and operational service of the Armed Forces of Ukraine to which tasks on providing military units with property according to the approved regulations and the organizations of its effective use are assigned.
Write-off of military property under acts of technical condition and inspection certificates is made by commanders of military units and officials of bodies of military management according to their competence according to the procedure, established by the Ministry of Defence of Ukraine.
The accounting treatment, uses and write-offs of property for providing resistance movement is performed according to the procedure, determined by the Cabinet of Ministers of Ukraine.
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