LAW OF UKRAINE

of May 18, 2000 No. 1723-III

About the State program of privatization

1. Approve the State program of privatization for 2000-2002 existing before approval of the next State program of privatization it (is applied).

2. Make changes to the following laws of Ukraine:

parts the first and second article 4 of the Law of Ukraine "About privatization of state-owned property" (Sheets of the Verkhovna Rada of Ukraine, 1997, N 17, Art. 122; 1998, N 49, Art. 301; 1999, N 7, 52, N 51, 453) to state the Art. to the Art. in the following edition:

"1. The state program of privatization determines the purposes, priorities and conditions of privatization, is developed by Fund of state-owned property of Ukraine and once in three years not later than month before approval of the Government budget of Ukraine for the corresponding year affirms the Verkhovna Rada of Ukraine the law of Ukraine, but prior to the beginning of the next fiscal year and is effective before approval of the next State program of privatization.

The state program of privatization is submitted for consideration of the Verkhovna Rada of Ukraine along with the draft of the Government budget of Ukraine for the corresponding year.

2. Offers on modification of the State program of privatization concerning quantity of objects, privatizeable, and amendments of tasks on receipt of funds in the Government budget of Ukraine are represented to the Verkhovna Rada of Ukraine along with the draft of the Government budget of Ukraine the next fiscal year";

the paragraph of the eighth part four of article 9 of the Law of Ukraine "About lease of the state-owned and utility property" (Sheets of the Verkhovna Rada of Ukraine, 1995, N 15, Art. 99; 1998, N 18, Art. 88; 1999, N 29, 239) after the words "about privatization" to add the Art. with the words "or pre-privatization preparation".

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

4. The regulatory legal acts adopted before entry into force of this Law are effective in the part which is not contradicting this Law.

5. To the Cabinet of Ministers of Ukraine:

prepare and provide offers on modification of the legal acts following from this Law to the Verkhovna Rada of Ukraine;

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

provide development and acceptance by the ministries and other central executive bodies of Ukraine of regulatory legal acts according to this Law;

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

N1723-III is approved by the Law of Ukraine "About the State program of privatization" of May 18, 2000

The state program of privatization for 2000-2002

Section I. GENERAL PROVISIONS

1. The state program of privatization for 2000-2002 (further - the Program) determines main objectives, priorities, tasks and methods of privatization of state-owned property, the property belonging to the Autonomous Republic of Crimea and alienations of utility property, group of objects, privatizeable, approximate tasks by amounts of privatization of state-owned property and receipt of funds from privatization in the Government budget of Ukraine and adequate measures on accomplishment of this Program.

2. Main objectives of privatization in 2000-2002 are creation of conditions for assistance to increase in efficiency of activities of the companies, organizations, organizations (further - the companies) and creation of competitive environment, and also ensuring receipt of funds from privatization in the Government budget of Ukraine.

3. Priorities and the main objectives of privatization are:

privatization of the companies only for money taking into account their specific features;

ensuring information openness of process of privatization;

forming of demand for subjects to privatization of domestic and foreign investors;

maximum use of institutes of infrastructure of the security market;

attraction of financial resources for development and structural adjustment of economy;

creating favorable conditions for appearance of the private owners having long-term interests in development of the privatized object and exercising effective management of it;

creation of conditions for further development of the stock market;

increase in interest of investors in the Ukrainian companies in the international markets.

4. For realization of these tasks Fund of state-owned property of Ukraine (further - Fund):

involves in preparation of subjects to privatization of domestic and foreign advisers;

initiates restructuring of the companies;

holds competitions selling blocks of shares or performs sale of shares through organizers of the securities trading;

applies auctions in case of sale of objects of groups A, D and complete property complexes of objects of groups B, G.

5. Classification of subjects to privatization is performed for the purpose of rational and effective application of methods of privatization according to this Program.

The group A - the complete property complexes of the state, rent companies and structural divisions of the companies allocated in the independent companies (further - complete property complexes of the companies), including in the course of restructuring of the state companies with sredneuchetny number working to 100 persons inclusive or over 100 persons, but the cost of fixed assets of which is insufficient for forming of the authorized capital of open joint stock companies (further - joint stock company), and also hotels, objects of sanatorium organizations and rest houses which are on separate balances; separate individually certain property (including joint stock company which did not enter the authorized capital, buildings, structures and non-residential premises, property of the companies liquidated according to the decision of economic court and property of the companies liquidated according to the decision of body authorized to manage state-owned property); property of the companies which were not sold as complete property complexes.

Group B - complete property complexes of the companies with sredneuchetny number of the working over 100 persons and which cost of fixed assets is sufficient for forming of the authorized capital of joint stock company; shares of joint stock company which release is registered or sale of shares of which began before entry into force of this Program (except the companies of group G); shares of joint stock company created based on the companies of agro-industrial complex if the cost of fixed assets is sufficient for forming authorized the capital of joint stock company.

Group G - complete property complexes of the companies or blocks of shares of joint stock company which at the time of decision making about privatization hold the monopoly (dominating) position in the nation-wide market of the corresponding goods and services or have strategic importance for economy and safety of the state.

Group D - objects of construction in progress, the preserved objects.

Group E - shares (shares, shares) belonging to the state in the authorized capital of the economic societies (including the companies with foreign investments) located in the territory of Ukraine or abroad.

Group Zh - irrespective of cost health care facilities, educations, cultures, art and the press, physical culture and sport, television and broadcasting, publishing, and also objects of sanatorium organizations, dispensaries, the house and the camp of rest (except for objects of the sanatorium organizations and rest houses which are on separate balances), including the subjects to social appointment which are on balance of the companies in case of their non-inclusion in structure of property which is transferred to the utility possession or is privatized, except objects, not privatizeable according to article 5 of the Law of Ukraine "About privatization of state-owned property".

6. The objects of military industrial complex which are subject to conversion according to lists which affirm bodies authorized to manage the corresponding state-owned property, are privatized by the methods provided by this Program for groups of objects to which the objects created after conversion belong.

7. Availability at the company of mobilization tasks (orders), obligations for storage of the state secret, to providing safe conditions of works is not the basis for prohibition of privatization of the corresponding object, except for the restrictions provided by the Law of Ukraine "About privatization of state-owned property". Such object is privatized according to this Program.

Expense recovery of joint stock company connected with storage of material values of mobilization reserve is performed according to the legislation.

The state-owned property intended according to mobilization tasks (orders) for special forming which is not included in the authorized capital of joint stock company and is on balance of joint-stock companies, after cancellation of mobilization tasks (orders) is privatized in accordance with general practice according to the legislation concerning privatization.

8. Objects on which in engineering procedures toxic, radioactive materials are used bacteriological, biological, strong chemical means, and also the objects performing explosive works are privatized in accordance with general practice with preserving the state control, except objects, not privatizeable according to article 5 of the Law of Ukraine "About privatization of state-owned property".

Conditions of purchase and sale agreements of the subjects to privatization determined by this Item without fail join obligations of the buyer on implementation of control by it and to acceptance of necessary measures for the purpose of guaranteeing protection of citizens against effects of influence of uncontrollable production, use or realization of dangerous products, services or dangerous productions, etc.

Treatment facilities which are not included in the authorized capital of joint stock company and can negatively influence ecology and the environment, according to the decision of state bodies of privatization joint stock companies can be donated.

Section II. GENERAL PRINCIPLES of INDIVIDUAL PRIVATIZATION

9. The fund performs privatization of state-owned property on the principles of individual privatization.

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