of January 24, 1997 No. 51/97-BP
About the state material reserve
This Law determines the general principles of forming, placement, storage, use, replenishment and refreshening (updating) of inventories of the state material reserve (further the state reserve) and governs the relations in this sphere.
1. The state reserve is special state inventory of material values, held for use for the purpose of and according to the procedure, provided by this Law. As a part of the state reserve not reduced inventory of material values (constantly supported amount of their storage) is created.
2. Are part of the state reserve:
mobilization reserve - inventories of the material and raw material resources intended for ensuring expansion of production of military and other industrial output, repair of military equipment and property during the special period, expansion in wartime of works on recovery railway and highways, sea and river ports, airfields, lines and constructions of communication, gazo-, oil pipelines, systems power - and water supply for the organization of smooth operation of the industry, transport and communication, delivery of health care;
inventories of raw material, material and food resources for ensuring strategic needs of the state;
inventories of material resources for accomplishment of first-priority works in case of mitigation of consequences of emergency situations and for accomplishment of other actions, stipulated by the legislation.
In this Law terms are used in the following value:
safe custody of material values of the state reserve - storage of the material values pledged in the state reserve at the supplier (producer) or the receiver (consumer) without provision to it the rights to use these material values before adoption in accordance with the established procedure of the decision on their leave from the state reserve;
leave of material values from the state reserve - realization or bezoplatny transfer of material values of the state reserve to certain receiver (consumer) or their realization in the market;
laying of material values in the state reserve - acceptance of material values for storage in the state reserve;
replacement of material values of the state reserve - leave of material values from the state reserve on condition of simultaneous laying of the same amount of similar or other same material values in connection with change of standard rates and manufacturing techniques of the products provided by mobilization task;
refreshening of inventories of the state reserve - leave of material values from the state reserve in connection with the expiration of fixed term of storage of material values, container, packaging, and also owing to emergence of circumstances which can entail spoil or quality degradation of products before the expiration of its storage, on condition of simultaneous or subsequent delivery and bookmark in the state reserve of the same amount of similar material values in the procedure established by the Cabinet of Ministers of Ukraine;
borrowing of material values from the state reserve - leave of material values from the state reserve on a contract basis with the subsequent return to the state reserve of the same amount of similar material values or, in case of impossibility of their return, - with compensation according to the decision of the Cabinet of Ministers of Ukraine of monetary value for the period of return, but is at least, than for the period of leave, with the subsequent direction of the received funds for laying of the corresponding amount of material values;
delivery of material values in state rezervzakupka and (or) shipment (delivery) of material values to the companies, in organizations and the organizations for their storage;
razbronirovaniye of material values state rezervaotpusk material values from the state reserve without subsequent their return;
strategic needs of the state - need of the state in inventories of the raw material, material and food resources necessary for ensuring national security of the state, stabilization of its economy and accomplishment of first-priority works during mitigation of consequences of emergency situations;
unauthorized alienation of material values of the state reserve - use or realization by the responsible keeper of the material values of the state reserve which are at it on safe custody without relevant decision on it the central executive body which realizes state policy in the sphere of the state material reserve.
The state reserve intends for:
ensuring needs of Ukraine during the special period;
rendering the state support to separate industries of the national economy, to the companies, organizations and the organizations for the purpose of stabilization of economy in case of temporary violations of delivery dates of important types of raw materials and fuel and energy resources, food, emergence of disproportion between the demand and supply in the domestic market and participations in accomplishment of m of interstate agreements;
ensuring first-priority works in case of mitigation of consequences of emergency situations.
1. The state reserve creates the Cabinet of Ministers of Ukraine. The organization of forming, storage and servicing of the state reserve, social development are provided with the central executive body authorized on it which realizes state policy in the sphere of the state material reserve, the companies, organizations and the organizations entering single system of the state reserve of Ukraine (further - system of the state reserve).
2. The structure of system of the state reserve and procedure for management of the state reserve are determined by the Cabinet of Ministers of Ukraine.
3. Inventories of the state reserve irrespective of its location, and also the company, organization, the organization and other objects which are logging in the state reserve and the parcels of land on which they are located are state-owned property and are not subject to privatization and other types of alienation. The cession of property, storage of material values of the state reserve, necessary for providing, and assigned to these companies, organizations and the organizations, including in lease, is performed based on the decision of the Cabinet of Ministers of Ukraine, other property - based on the decision of the central executive body which realizes state policy in the sphere of the state material reserve, according to the legislation.
4. The companies, organizations and the organizations of system of the state reserve are sensitive sites, protection and which fire safety is carried out by the departmental militarized protection.
5. The companies, organizations and the organizations irrespective of patterns of ownership which are carrying out safe custody of material values of the state reserve according to the contract with the central executive body which realizes state policy in the sphere of the state material reserve are not a part of the system the state reserve.
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