Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

It is registered

in the Ministry of Justice of Ukraine

May 13, 2008.

No. 406/15097

ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of March 24, 2008 No. 347

About approval of the Regulations on the auction commission

According to Procedure for sale in 2008 by state bodies of privatization of 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 February 22, 2008 N 110, I ORDER:

1. Approve Regulations on the auction commission which are applied.

2. (E. Filozop) in five-day time from the date 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), Department of preparation and carrying out tenders (E. Filozop) in ten-day time from the date 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 of execution of this order.

 

Chairman Fonda of V. Semenyuk-Samsonenko

Approved by the Order of Fund of state-owned property of Ukraine of March 24, 2008 No. 347

Regulations on the auction commission

I. General provisions

1.1. The regulations on the auction commission (further - the Provision) are developed according to Procedure for sale in 2008 by state bodies of privatization of 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 February 22, 2008 N 110 (further - the Procedure).

1.2. This Provision determines procedure for creation and activities of the auction commission on sale of objects of auction - the parcels of land of state-owned property together with subjects to privatization which on them are located (further - auction object).

1.3. The purpose of this Provision is ensuring competition, justice, impartiality, sequence and high professional level in preparation and holding auctions according to Procedure.

1.4. The auction commission (further - the Commission) is a temporarily operating collegiate organ which is created by the relevant state body of privatization for preparation and holding auctions for sale of object of auction by determination of the winner of auction.

1.5. The basic principles of activities of the Commission are:

observance of requirements of the current legislation;

collective nature of decision making;

completeness of consideration of the plans of privatization of objects of auction submitted to the 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.

II. Structure and procedure for creation of the commission

2.1. Specialists and experts of privatization authority, representatives of state body of land resources, local government body, the asset holder of subject to privatization, labor collective of subject to privatization are part of the Commission (if object is the complete property complex of the company).

If the economic society formed with the participation of labor collective of the company which complete property complex is privatized the representative of such labor collective participates in auction it is excluded from structure of the Commission and has no right to take part in commission sessions from the moment of giving by such economic society in state body of privatization of the statement for participation in auction.

If for sale together with the parcel of land the controlling stocks of joint-stock company having strategic importance for economy and safety of the state are offered, then the Commissions on the consent of law enforcement agencies are involved their representatives with the right of advisory vote.

2.2. The commission is created in quantity from five to nine people.

2.3. The relevant organ of privatization sends to the state companies, organizations and the organizations written requests concerning provision of candidates in structure of the Commission.

Delegation of representatives in structure of the Commission is obligatory for management of the state companies, organizations and organizations.

In three-day time from the date of receipt of request the state companies, organizations and the organizations send to privatization authority of the data on candidates in structure of the Commission (surname, name and middle name, post, contact telephone number, the fax).

2.4. The structure of the Commission affirms the order of relevant organ of privatization. The order also establishes the term of determination of conditions of auction and their provision on approval in relevant organ of privatization.

The commission chairman (further - the Chairman) and the responsible secretary are appointed from employees of relevant organ of privatization.

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