of April 2, 2008 No. 313
About measures for enhancement of management of objects of state-owned property
(as of May 6, 2009)
For the purpose of increase in effective management of objects of state-owned property, providing the transparent procedure of their alienation, and also partial lifting of restrictions concerning the order such objects the Cabinet of Ministers of Ukraine decides:
1. Determine that:
1) sale of real estate of the state companies, organizations and organizations (further - the companies) is performed at auctions, except housing which is alienated to employees of such companies for accomplishment of conditions of the signed collective agreements in coordination with the subject of management of objects of state-owned property;
2) alienation of objects of real military estate is performed only at auctions, in particular together with the parcels of land on which they are located, or property rights on them;
2-1) central executive bodies, other subjects of management of corporate laws of the state in coordination with the Cabinet of Ministers of Ukraine:
make the decision concerning reorganization of economic societies in authorized fund of which share of the state exceeds 50 percent;
approve tasks to the representatives on votes in relevant organs of management of societies during adoption of noted decisions;
3) the central executive bodies, other subjects of management of objects of state-owned property, including National and industry academies of Sciences, can accept only based on separate acts of the Cabinet of Ministers of Ukraine decisions relatively:
transfers of state-owned property to authorized capitals of the economic societies formed with participation of the state and subjects of housekeeping of non-state pattern of ownership;
the conclusion of new lease agreements of complete property complexes of the companies with determination of the lessee only on the competitive principles;
to sale of real military estate together with the parcels of land on which it is located;
transfers of real military estate to municipal property (except objects of housing stock, social and engineering infrastructure of military camps);
4) the means received from sale of property which is directly on balance of the ministries and other state bodies and belongs to fixed assets remain at the disposal of these bodies according to the legislation.
2. Forbid transfer of military property to authorized funds (on balance) the companies.
3. To the central executive bodies, other subjects of management of corporate laws which belong to the state in economic societies in which authorized capital the share of the state exceeds 50 percent:
not allow adoption of decisions by governing bodies of economic societies concerning implementation of additional share issue which consequence reduction of the size of the state share in authorized capital of society can be;
provide adoption of decisions by governing bodies of economic societies concerning sale of real estate of society at auctions.
4. To the Ministry of Defence together with other state bodies which exercise control of military property, and also Fund of state-owned property, the Ministry of Finance, the Ministry of Economics, the State committee on land resources to submit for consideration of the Cabinet of Ministers of Ukraine the draft of the act of the legislation concerning approval of procedure for sale at auctions of objects of real military estate in a month together with the parcels of land on which they are located.
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