RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 3, 2008 No. 777

About carrying out competitive selection of heads of subjects of managing of public sector of economy

According to the subitem "g" of Item "About management of objects of state-owned property" the Cabinet of Ministers of Ukraine decides 18 parts two of article 5 of the Law of Ukraine:

1. Approve the Procedure for carrying out competitive selection of heads of subjects of managing of public sector of economy which is applied.

1-1. Determine that approved by this resolution Procedure for Carrying Out Competitive Selection of Heads of Subjects of Managing of Public Sector of Economy the national joint stock company "Naftogaz of Ukraine" is not applied to candidate screen (candidates) for position of the chairman of executive body (head) of joint-stock company ", economic society which stocks are transferred in the authorized capital of joint-stock company "National joint stock company "Naftogaz of Ukraine", or economic society, more than 50 percent of corporate laws (shares, shares) which belong to joint-stock company "National joint stock company "Naftogaz of Ukraine", the chairman of executive body (head) of the company of public sector of economy, performs powers of the state operator of TV and radio broadcasting, radio relay and satellite communication of the chairman of executive body (head) of economic society, the Ukroboronprom State concern performing activities in defense industry complex and transferred in accordance with the established procedure to the control, and heads of the state companies of defense industry complex, including the state companies which are part of Ukroboronprom State concern, the chairman of executive body of economic society, more than 50 percent of corporate laws (shares, shares) which belongs to the State space agency, and heads of subjects of managing of public sector of economy who belong to the sphere of management of the specified Agency, the chairman of the board of joint-stock company "National public broadcasting company of Ukraine, the chairman of the board of Kryvyi Rih Heating Plant joint-stock company, the chairman of the board of joint-stock company "The Dnieper combined heat and power plant, the chairman of executive body and members of the supervisory board of bank, more than 75 percent of corporate laws (shares, shares) which belong to the state, and also heads of the state unitary enterprises, heads of executive bodies of economic societies in which authorized capital 50 percent of shares (shares) belong to the state, on which the supervisory board which meets the requirements determined in the Law of Ukraine "About management of objects of state-owned property" is created.

1-2. Determine that the decision on need of carrying out competitive selection for appointment of the head of the subject of managing of public sector of economy is made by the ministry, the Fund of state-owned property, other body exercising control of objects of state-owned property, the national economic association, the state-owned holding company, other state economic organization except appointment of the director which has strategic importance for economy and safety of the state and which asset cost according to the last financial reporting or the annual size of net income of which exceeds 200 million hryvnias, the head, the member of the supervisory board of the company, especially important for economy (subject of managing of public sector of economy which is included in the list of subjects of managing of public sector of economy, especially important for economy, in which authorized capital more than 50 percent of shares (shares) belong to the state, appointment of heads and which members of the supervisory boards is performed with participation of committee to destination according to appendix to the Procedure approved by this resolution and also subject of managing of public sector of economy which asset cost according to the last financial reporting exceeds 2 billion hryvnias or the annual size of net income of which exceeds 1, 5 billion hryvnias).

Appointment of the director which has strategic importance for economy and safety of the state and which asset cost according to the last financial reporting or the annual size of net income of which exceeds 200 million hryvnias of the head, the member of the supervisory board of the company, especially important for economy, specified in paragraph one of this Item is performed only by results of competitive selection according to the Procedure approved by this resolution except heads of the state unitary enterprises and heads of executive bodies of economic societies in which authorized capital 50 percent of shares (shares) belong to the state, on which (in which) the supervisory board which meets the requirements determined in the Law of Ukraine "About management of objects of state-owned property" including heads especially important for business economics is created.

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