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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 10, 1995 No. 629

About approval of the Technique of assessment of objects of lease, the Procedure for the redemption by the lessee of turnover appliances and the Procedure for provision on credit to the lessee of means and securities

(as amended on 31-03-2015)

According to the Law of Ukraine "About lease of state-owned property" the Cabinet of Ministers of Ukraine DECIDES:

Approve the Technique of assessment of objects of lease, the Procedure for the redemption as the lessee of turnover appliances and the Procedure for provision on credit to the lessee of means and securities (are applied).

Prime Minister of Ukraine

E.Marchuk

First Deputy Minister of the Cabinet of Ministers of Ukraine

M. Selivon

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 10, 1995, No. 629

Procedure for provision on credit to the lessee of means and securities

1. Provision to the lessee on credit of means and securities is performed based on the credit agreement (further - the agreement) which is signed along with the lease agreement.

2. The credit amount is determined according to Item 14 of the Technique of value assessment of objects of lease.

3. In the agreement the name (surname, name and middle name), the location (residence) of the parties, credit amount, term for which the agreement, interest payments for use of the credit, terms of return of means and securities, accomplishment of obligations, responsibility of the parties and other requirements provided by Items 4-10 of this Procedure is signed are surely specified.

With the consent of the parties other conditions also can be provided in the agreement.

4. The lessee performs the rights following from the securities provided on terms of credit without the right of their alienation.

5. Means and securities are transferred to the lessee together with object of lease.

6. The term of loan granting shall not exceed the duration of the agreement of lease.

7. The lessee pays percent on credit amount at the level of refunding rate of National Bank for use of the credit.

8. Payment due dates of the percent added for the corresponding period are determined by coordination to the party, but at least once in quarter.

9. Interest payments are enlisted in the Government budget of Ukraine, the budget of the Autonomous Republic of Crimea, local budgets (depending on the person of law of property on leased property).

10. In case of agreement cancelation, the termination of term of its action or termination of the contract of lease the lessee shall return to the lessor the means and securities provided to it.

In case of repayment of the securities provided on terms of credit, throughout the duration of the agreement of means, compensated to the lessee in case of their repayment, return together with the means provided to it on terms of credit.

11. In case of default on obligations of the agreement of the party bear responsibility according to the current legislation and the agreement.

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 10, 1995, No. 629

Procedure for the redemption lessee of turnover appliances

1. The redemption is carried out by the lessee of turnover appliances according to the purchase and sale agreement which consists along with the lease agreement.

2. The cost of turnover appliances is determined according to Item 13 of the Technique of value assessment of objects of lease. At the same time products of work in progress are redeemed by the lessee on internal prices of production.

3. The payment for the acquired turnover appliances is brought by the lessee for 30 calendar days from the moment of the conclusion of the agreement.

4. To the economic society created by members of labor collective the lessor can sell turnover appliances on credit in case of payment term it at least than 30 percent of their cost. At the same time the payment due date of turnover appliances shall not exceed one year from the date of the conclusion of the purchase and sale agreement. The sizes of due installments and terms of their payment are determined in the purchase and sale agreement.

5. The means received from the redemption of turnover appliances are enlisted in off-budget State fund of privatization, off-budget funds of privatization of the Autonomous Republic of Crimea and administrative and territorial units (depending on the person of law of property on leased property) and used on the purposes provided by the State program of privatization.

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 10, 1995 No. 629

Technique of assessment of objects of lease

General provisions

1. According to this Technique assessment of property of the state companies, organizations and organizations, other separate individually certain property which is in the state-owned and municipal property, of the companies founded on the property belonging to the Autonomous Republic of Crimea or being in municipal property (further - the companies) which is leased is carried out, namely:

complete property complexes of the companies, their structural divisions (branches, shops, sites);

real estate (buildings, constructions, rooms) and other separate individually certain property of the companies (machines, the equipment, other accounting units of fixed assets, intangible assets and other values which are allocated in independent object of lease according to the legislation);

property which did not enter the authorized (compound) capital of the economic societies created in the course of privatization (corporatisation).

2. Assessment of objects of lease is carried out for the purpose of cost determination of such objects according to provisions (national standards) of assessment of property and this Technique taking into account provisions (standards) of financial accounting for its display in the lease agreement and uses during calculation of the rent.

Assessment is surely carried out before the conclusion of the lease agreement and before prolongation (renewal) of the lease agreement in case at the time of prolongation of operation of such agreement the last assessment of object of lease was carried out more than three years to that.

The services in carrying out independent assessment of object of lease provided by this Technique (assets which are part of object of lease) and audit inspection of object of lease are paid by the lessee.

Results of independent assessment are effective within six months of date of assessment if other term is not provided in the report of rather independent assessment.

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