It is registered
in the Ministry of Justice of Ukraine
July 23, 2007.
of July 6, 2007 No. 1095
About approval of the Regulations on the auction commission
According to Procedure for sale in 2007 for the parcels of land of state-owned property on which objects are located privatizeable, the approved resolution of the Cabinet of Ministers of Ukraine of May 12, 2007 N 710, I ORDER:
1. Approve Regulations on the auction commission which are applied.
2. (E. Filozop) in five-day time from day of approval of this order to provide to department of preparation and carrying out tenders its provision on state registration in the Ministry of Justice of Ukraine.
3. To management of official printing publications (N. Putivskaya), to Department of preparation and carrying out tenders (E. Filozop) in ten-day time from day of state registration of this order in the Ministry of Justice of Ukraine to provide publication of this order in "The state newsletter on privatization".
4. I reserve control over the implementation of this order.
Chairman Fonda V. Semenyuk
Approved by the Order of Fund of state-owned property of Ukraine of July 6, 2007 No. 1095
This Provision is developed according to Procedure for sale in 2007 for the parcels of land of state-owned property on which objects are located, privatizeable, the Cabinet of Ministers of Ukraine approved by the resolution of May 12, 2007 N710 (further - the Procedure).
This Provision determines procedure for education and activities of the auction commission (further - the commission) selling objects of the auktsionazemelny site of state-owned property together with subject to privatization which on it is located (further - auction object).
The purpose of this provision is ensuring competition, justice, impartiality, sequence and high professional level in preparation and holding auctions according to Procedure.
Terms which are determined according to the procedure keep the value and for this Provision.
1. The basic principles of activities of the commission are:
observance of the current legislation;
collective nature of decision making;
completeness of consideration of the plans of privatization of objects of auction submitted to the auction commission according to the established auction conditions;
justification of the made decisions;
independence of members of the commission (non-admission of intervention in activities of the commission of any public authorities and local government bodies, and also participants of auction);
professionalism of members of the commission.
Structure and procedure for formation of the auction commission
2. Specialists and experts of privatization authority, representatives of territorial authority Goszemagentstva, local government body, the asset holder, labor collective of object which is privatized are part of the auction commission (in case of privatization of single property complex of the company).
3. The commission is created in number from 5 to 9 persons.
4. The relevant organ of privatization sends to the organizations and organizations written requests concerning provision of candidates in structure of the commission.
Delegation of representatives in structure of the commissions is obligatory for heads of the state companies, organizations and the organizations.
5. The structure of the commission affirms the order of relevant organ of privatization. The order also establishes the term of determination of conditions of holding the auction and their submission on approval to relevant organ of privatization.
The commission chairman and the responsible secretary are appointed from the list of employees of relevant organ of privatization.
On operating time in the commission for her members the place of employment (position) and average earnings according to the current legislation of Ukraine remain.
Tasks and functions of the commission
6. The main tasks of the commission are:
determination of conditions of holding the auction;
determination of term of its carrying out according to Procedure.
7. The main functions of the commission are:
consideration of plans of privatization of the objects of auction provided by participants of auction and adoption of the relevant decision;
creation of protocols and their provision on approval to privatization authority;
interaction with the contractor of auction which acts on the basis of the contracts with the relevant state body of privatization, and litsitator.
Rights and obligations of the auction commission
8. The commission has the right:
during development and determination of conditions of auction to address to relevant organ of privatization and to other organizations with requests concerning providing the commission with information on auction object, documents and other materials, the room for holding its meetings, the computer equipment, means of communication, office supplies necessary for work of the commission. In case of holding field meeting - transport for survey of subject to privatization and the parcel of land, hotel and so forth;
address with the help specialists, advisers and experts.
9. The commission shall:
hold commission session, following requirements of the current legislation of Ukraine;
promote equal conditions for all potential buyers;
provide holding the auction according to requirements of the legislation.
10. It is forbidden to members of the commission:
conduct outside the boundaries of commission sessions negotiations with participants of auction;
have property and non-property relations with participants of auction.
11. Person who has personal or business interest concerning results of auction and determination of the winner cannot be the member of the commission.
Operating procedure of the auction commission
12. The commission begins work from the moment of signing of the order on its education.
13. All changes concerning structure of the commission are made by the relevant orders of privatization authority.
14. Directs activities of the commission and the commission chairman (further - the chairman) who organizes its work:
convokes commission sessions;
presides over commission sessions;
gives the orders and instructions obligatory for members of the commission;
in the procedure established by the legislation gives instructions to specialists, advisers and experts who are involved the commissions;
organizes preparation of materials for representation for consideration of the commission;
provides after the termination or the termination of auction transfer of documentation to privatization authority concerning holding the auction;
represents the commission in the relations with organizations and the organizations.
15. The chairman shall report to all members of the commission about the planned meetings three days before date of their carrying out. Messages are sent by mail, the telephone message, the fax or e-mail.
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