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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 10, 2003 No. 1904

About procedure for use of funds of the government budget which are allocated for acquisition of the domestic machinery and equipment for agro-industrial complex on the terms of financial leasing and action for transactions of financial leasing

(as amended on 31-05-2012)

For the purpose of effective use of funds of the government budget for acquisition of the domestic machinery and equipment for agro-industrial complex on the terms of financial leasing and action for transactions of financial leasing the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for use of funds of the government budget which are allocated for acquisition of the domestic machinery and equipment for agro-industrial complex on the terms of financial leasing and action for transactions of financial leasing it (is applied).

2. To the Ministry of Agricultural Policy and Food, the Ministry of Finance and the Ministry of Economic Development and Trade together with National joint stock company "Ukragroleasing" to provide annually in time of designing of the Government budget of Ukraine and the State program of economic and social development of Ukraine for the corresponding years expenses on acquisition of the domestic machinery and equipment for agro-industrial complex on the terms of financial leasing and action for transactions of financial leasing.

2-1. No. 1409 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 23.11.2011

3. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

 

Prime Minister of Ukraine V. Yanukovych

Approved by the resolution of the Cabinet of Ministers of Ukraine of December 10, 2003, No. 1904

Procedure for use of funds of the government budget which are allocated for acquisition of the domestic machinery and equipment for agro-industrial complex on the terms of financial leasing and action for transactions of financial leasing

1. This Procedure determines the mechanism of use of means, the provided National joint stock company "Ukragroleasing" (further - the Company) generally and special funds of the government budget for providing agricultural enterprises, the agricultural serving cooperatives, other subjects of business activity of agro-industrial complex and physical persons - members of personal peasant economy (further - leasing recipients) the machinery and equipment of national production (further - the equipment) on the terms of financial leasing which is performed based on the agreements signed between the Company and leasing recipients.

2. The list and ceiling prices for the equipment which is bought by the Company from the manufacturing plants and/or dealers on sale (further suppliers) at the expense of means of the government budget for the subsequent transfer to financial leasing, is approved by Minagropolitiki.

3. Source of financing of purchase of the equipment for its transfer to use on the terms of financial leasing and actions for transactions of financial leasing are the means provided in the government budget on this purpose which are used on the terms of recoverability according to the signed agreements.

4. it is excluded

5. Means, the provided Companies in the government budget are used:

according to the budget program "Actions for Transactions of Financial Leasing of Domestic Agricultural Machinery" by loan granting from the registration account opened by the name of the Company in Treasury based on the signed credit agreements. Budgetary funds are provided to the suppliers included in the list of the equipment which is bought by the Company at the expense of means of the government budget, based on the credit agreement. The approximate credit agreement affirms the Company in coordination with the Ministry of Finance and Treasury;

according to the budget program "Increase in the authorized capital NAC Ukragroleasing for purchase of technical means for agro-industrial complex with their subsequent transfer on the terms of financial leasing" by implementation of expenses from registration and special registration the accounts opened addressed to the Company in Treasury on purchase of technical means for agro-industrial complex.

The company uses budgetary funds for carrying out settlings with suppliers based on delivery agreements and agreements of financial leasing, and also for repayment of the budget debt registered in bodies of Treasury.

Approximate delivery agreements and financial leasing affirm the Company.

Procurement of the equipment for budgetary funds is conducted in the procedure established by the legislation.

6. For use of the equipment leasing recipients in accordance with the terms of the agreement of financial leasing bring payment (leasing payments) taking into account requirements of part two of article 16 of the Law of Ukraine "About financial leasing", at the same time the amount which is paid as remuneration to the lessor for the leased equipment under the agreement of financial leasing, constitutes 7 annual interest rates of its uncompensated cost.

Return of the budgetary funds allocated on returnable basis is performed in the amounts determined by the Law on the Government budget of Ukraine for the corresponding year.

The transactions connected with use of budgetary funds are carried out according to Procedure for servicing of the government budget on expenses and transactions on provision and return of the loans granted at the expense of means of the government budget approved in the procedure established by the legislation.

Leasing payments regarding cost recovery of the equipment are deposited by leasing recipients to account of the Company, opened in bodies of Treasury for the balance sheet account 3711, which transfers them within three working days into the accounts opened in bodies of Treasury for accounting of receipts of the government budget according to the legislation. The amount of noted payments can be reduced by the amount mistakenly and/or the payments which are excessively paid by leasing recipients under agreements of leasing, in particular in connection with cancellation of such agreements or change of their conditions in accordance with the established procedure.

Means which arrive as remuneration for the leased equipment are used by the Company according to the approved financial plan.

Settlement on leasing payments can be performed according to terms of the contract with the direction of proceeds in the directions determined by paragraphs second and third this Item.

The equipment is provided in financial leasing on condition of introduction by the leasing recipient of preliminary payment who constitutes at least 10 percent of cost of the equipment, on which there is no leasing payment regarding remuneration to the lessor.

7. it is excluded

8. it is excluded

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