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Ministry of Justice of Ukraine

September 25, 1997

No. 446/2250

ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of August 7, 1997 No. 847

About approval of the Procedure for return of leased complete property complexes of the state companies after the termination or agreement cancelation of lease

(as amended on 28-08-2014)

For the purpose of enhancement of legal regulation of the rent relations and protection of valuable interests of the state, and also realization of separate provisions of the legislation on lease, PRIKAZYVAYU:

1. Approve the Procedure for return of leased complete property complexes of the state companies after the termination or agreement cancelation of lease it (is applied).

2. To fund of state-owned property of Ukraine and its regional departments to be guided by the specified Procedure in practical activities on the termination (termination) of lease agreements of complete property complexes of the state companies and organizations.

3. (V. Kopanisty) to provide to management of lease and leasing of property registration of the Procedure specified in item 1 in Ministry of Justice.

The item 4 is excluded according to the Order of Fund of state-owned property of Ukraine of 25.06.2013 No. 889, with respect thereto Item 5 to consider item 4.

4. To impose control over the implementation of this order on the vice-chairman of Fund of state-owned property of Ukraine according to distribution of functional obligations.

V.i.o. Chairman Fonda

V. Kovtyukh

 

Approved by the Order of Fund of state-owned property of Ukraine of August 7, 1997, No. 847

Procedure for return of leased complete property complexes of the state companies after the termination or agreement cancelation of lease

1. General provisions

1. The procedure for return of leased complete property complexes of the state companies after the termination or agreement cancelation of lease (further - the Procedure) provides realization of provisions of Articles 26, of 27, 28 and 29 Laws of Ukraine "About lease of the state-owned and municipal property" and regulates implementation of complex of the actions and procedures connected with return of leased state-owned property: inventory counts and estimates of property of the leased companies, determinations of shares of the state and the lessee in this property, accounting of debt of lessees on lease payments, acceptance - cessions of property, the choice of form of business of the company founded on the state-owned property returned after lease and, if necessary and in the consent of the lessee, property of the lessee.

2. This Procedure extends to cases of return of complete property complexes of the state companies and organizations, their structural divisions, complete property complexes of the companies, their structural divisions (further - the leased companies) after the termination (owing to the termination of term) lease contracts, lease agreement cancelation as agreed by the parties or by a court decision.

3. Inventory count and assessment of property of the leased company are performed before end date of the lease agreement.

4. Content and the sequence of procedures of the termination or agreement cancelation of lease and reorganization of the leased company are determined by this Procedure (if other is not provided by the act of the Cabinet of Ministers of Ukraine), the lease agreement and the arrangement reached between the lessor and the lessee not later than in three months prior to certain date of the termination (termination) of the lease agreement which can be drawn up by the relevant agreement. If the lease agreement is broken off by a court decision, then the agreement is signed within 5 days after this decision gained legal force.

The agreement can provide:

a) creation of the general commission of the parties on differentiation and assessment of property of the leased company (within 5 days);

b) carrying out complete inventory of property of the leased company (within 15 days);

c) assessment of property of the leased company both the state and rent share in it (within 15 days after approval of results of inventory count);

d) repayment by the lessee of rent receivable;

ґ) reorganization of the leased company.

5. Based on the reached agreement the lessor the order forms the general commission on differentiation and assessment of property of the leased company (further - the Commission). Representatives of the lessor and the lessee are part of the Commission. Upon the demand of one of the parties in the Commission also representatives of governing body of the corresponding state-owned property can be involved.

2. Procedure for inventory count and assessment of property of the leased company

6. The complete inventory of property of the leased company is carried out by the inventory-taking group formed by the lessor as of the last date to the period which comes not earlier than before three months before expiry date of the lease agreement and comes to the end no later than the specified date. Date of inventory count matches date of assessment.

7. When carrying out complete inventory the inventory-taking group is guided by Regulations on inventory count of property of the state companies which are privatized (are corporatized), and also property of the state companies and organizations which is leased (returns after the termination of the duration of the agreement of lease or its termination), the approved resolution of the Cabinet of Ministers of Ukraine of 02.03.93 No. 158. For carrying out complete inventory the inventory-taking group can create at the leased company working groups and so forth.

8. During inventory count the Commission shall solve such problems:

a) perform differentiation of property which belongs to the state, and property of the lessee;

b) to documentary certify sources of acquisition of new fixed assets and capital repairs of leased state fixed assets in time from the beginning of lease before date of inventory count;

c) document availability of consent of the lessor to implementation by the lessee of not separated improvements of leased property.

9. At stage of inventory count and creation of transfer balance it is necessary to carry to the state share of property in complete property complex of the leased company:

a) leased state-owned property;

b) other state-owned property transferred to the lessee by the state during lease validity;

c) the property acquired due to the depreciation charges on leased state-owned property if another is not provided by the lease agreement;

d) balance of depreciation fund on complete recovery of the leased state-owned property and property acquired for means of this fund earlier;

e) the cost of the not separated improvements of leased property performed by the lessee without coordination with the lessor.

It is necessary to carry to property share which belongs to the lessee:

a) the income (profit) of the leased company during lease;

b) unrealized finished goods and unfinished production;

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