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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 4, 2008 No. 525

About approval of the Procedure for carrying out in 2008 auctions for sale of special permissions to use of natural resources

The Cabinet of Ministers of Ukraine decides:

Approve the Procedure for carrying out in 2008 for auctions for sale of special permissions to use of natural resources which is applied.

 

Prime Minister of Ukraine Yu. Tymoshenko

Approved by the resolution of the Cabinet of Ministers of Ukraine of June 4, 2008, No. 525

Procedure for carrying out in 2008 auctions for sale of special permissions to use of natural resources

1. This Procedure determines the procedure of sale at auctions of special permissions to use of natural resources within the territory of Ukraine, its continental shelf and exclusive (sea) economic zone (further - permissions).

2. In this Procedure terms are used in such value:

auction - method of sale of permissions to use of natural resources by tendering;

the agreement of purchase sale of special permission to use of natural resources - the agreement signed between the organizer and the winner of auction on which the organizer of auction provides permission to use of natural resources to his winner and the winner pays the organizer of auction the actual price of permission;

card of the buyer - card with number of registration of the buyer which grants to it the participation right in auction;

bid increment - the size established by the organizer of auction by which in the course of holding the auction each suggested price of sale of permission raises;

litsitator - the leader of auction appointed his organizer;

packet of auction documentation - documentation which contains data on the subsoil plot, permission on which use is offered for auction (the name and coordinates, the location, general information about geological structure, starting price), projects of permission and the agreement on conditions of use of the subsoil plot. The cost of packet is determined by auction committee according to the estimate taking into account expenses on its preparation;

the winner - the buyer who in the course of holding the auction agreed to pay the highest price of permission;

the buyer - the applicant who in connection therewith is allowed by Procedure to participation in auction;

starting price of permission - the price which is calculated by the organizer of auction according to the Technique of determination of starting price of the sale at auction of special permission to mineral right approved by the resolution of the Cabinet of Ministers of Ukraine of October 15, 2004 N 1374 (The Official Bulletin of Ukraine, 2004, N 42, Art. 2772; 2006, N 45, Art. 3014);

the applicant - the subject of maintaining (legal or physical litsopredprinimatel) farms which submitted the auction participation application;

the agreement on conditions of use of the subsoil plot - the agreement between the organizer and the winner of auction which is integral part of permission and determines conditions of use of the subsoil plot.

3. Participants of auction are the organizer of auction, auction committee, buyers.

4. For implementation of the common directorship and control of observance of conditions of holding the Cabinet of Ministers of Ukraine auctions forms auction committee and approves its members.

5. Auction committee:

approves standard forms of auction documents, the protocol of holding the auction;

determines rules of conduct of the buyers and persons who are present at the biddings during the auction, day and time of its carrying out;

produces auction documentation;

constitutes the message on holding the auction and provides its publication in the Uryadovy Kuryer newspaper, and also placement on the official website of the organizer of auction;

registers and considers auction participation applications, determines their compliance to requirements of this Procedure;

constitutes the list of the applicants allowed to participation in auction for the decision of auction committee;

informs the applicant concerning its participation in auction;

registers applicants in day of holding the auction and issues them cards of buyers;

determines the place for holding the auction;

stops auction and/or removes separate permissions from sale;

declares valid auction not;

makes other actions connected with the organization and holding the auction.

The decision of auction committee is drawn up by the protocol which is posted on the official website of Ministry for Protection of the Environment and Natural Resources as the organizer of auction.

6. The organizer of auction together with the Verkhovna Rada of the Autonomous Republic of Crimea, regional councils interested in the central executive bodies prepares offers concerning subsoil plots, permissions to use of which are offered for auction. During preparation of such offers the needs of national economy and economy of regions for the corresponding types of minerals are considered.

Based on the applications submitted by subjects of housekeeping the organizer of auction determines the list of subsoil plots, permissions to use of which are offered for auction (further - the list), and depending on type of minerals approves it with:

Gosgorpromnadzor - for all types of use of natural resources, except geological studying;

MZ - concerning use of natural resources for the purpose of production of natural medical resources;

Minugleprom - concerning use of natural resources for the purpose of coal production and peat;

Mintoplivenergo - concerning use of natural resources for the purpose of oil and gas extraction;

Administration of State frontier service, Mintranssvyaz, Minagropolitikiotnositelno of use of the subsoil plot within the continental shelf and exclusive (sea) economic zone of Ukraine;

village, settlement, city councils - concerning use of subsoil plots which contain minerals of local value.

Noted bodies approve the list or make the decision on refusal in its approval about what send to the organizer of auction the motivated answer.

After approval of the list the organizer of auction approves it and makes the decision on holding the auction.

7. The organizer of auction not later than in 30 days prior to its beginning places the official announcement of its carrying out in the Uryadovy Kuryer newspaper in which it is noted:

the name and the location of the subsoil plot, permission to use of which is offered for auction;

type of minerals;

type of use of natural resources and term for which permission is provided;

starting price of permission;

cost of geological information;

date and venue of auction;

the term of submission of requests which constitutes 15 days after the official announcement of holding the auction;

the address to which requests are accepted and is provided information on holding the auction conditions;

amount of payment for packet of auction documentation;

phone number for reference;

special conditions of use of natural resources.

8. The auction is held at the expense of applicants, each of which pays the cost of packet of auction documentation.

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