ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of July 15, 1997 No. 743

About approval of the Regulations on the commission on privatization

According to the Law of Ukraine "About privatization of state-owned property" PRIKAZYVAYU:

1. Approve Regulations on the commission on privatization it (is applied).

2. Repeal the order of Fund of state-owned property of Ukraine of September 8, 1992 No. 371 "About approval of the Regulations on the commission on privatization".

3. To provide to department of reforming of property this Provision on registration to the Ministry of Justice of Ukraine.

4. To impose control over the implementation of this order on the acting vice-chairman of Fund S. Ledomskaya.

Approved by the Order of Fund of state-owned property of Ukraine of July 15, 1997 No. 743

Regulations on the commission on privatization

This Provision is developed according to the Law of Ukraine "About privatization of state-owned property" and determines procedure for creation and activities of the commission on privatization.

I. Procedure for creation of the commission on privatization

1.1. The commission on privatization (further - the commission) is created by Fund of state-owned property of Ukraine, its regional departments, representations (further - Fund).

1.2. The commission on privatization is created within a month from the date of decision making about privatization of object.

1.3. The state body of privatization in writing informs the organizations, organizations and persons who are specified in Item 1.5 of this Section of the Provision, on the decision on creation of the commission and need to delegate to the commission of the representatives. Information and request on delegation of representatives go the letter with the notification on obtaining.

1.4. If in five-day time from the date of receipt of the notification on acceptance by state body of privatization of the decision on creation of the commission relevant organs and persons did not delegate the representatives to structure of the commission, the state body of privatization has the right the order to approve structure of the commission without representatives of these bodies.

1.5. Representatives are part of the commission by the principle of identical representation:

the state company (the economic society created by members of labor collective of the company which is privatized), including from representative body of labor collective - elected body of primary trade-union organization (the trade-union representative) or other representative it body;

persons (or directly persons) who submitted the application for privatization;

local councils;

financial bodies;

state body of privatization;

the central executive body concerning land resources;

the central executive body on environmental issues and natural resources of Ukraine or its territorial authorities;

Antimonopoly Committee of Ukraine or its territorial departments;

authorized body of management which before decision making about privatization exercised control of state-owned property;

territorial authorities of the central executive body concerning emergency situations and for protection of the population against consequences of the Chernobyl catastrophic crash;

Timely representation in structure of the commission of the candidate for the representative of authorized body of management which before decision making about privatization exercised control of state-owned property is provided by the head of such authorized body of management.

1.6. The chairman and staff of the commission affirms the order of the relevant state body of privatization. The same order establishes the term of submission of the draft of the plan of privatization. At the same time:

the representative of state body of privatization is appointed the commission chairman;

submission due date of the draft of the plan of privatization shall not exceed two months from the date of statement of structure of the commission.

1.7. If the structure of the commission includes the representative of person who submitted the application for privatization, such representative acts on the basis of the power of attorney, drawn up according to requirements of the legislation.

1.8. For ensuring publicity and transparency of privatization People's Deputies of Ukraine according to article 13 of the Law of Ukraine "About privatization of state-owned property" can take part in work of the commission with the right of advisory vote.

1.9. According to the decision of state body of privatization the permanent commissions on privatization of objects of separate industries which structure joins representatives of authorized central executive bodies (the industry commissions) can be created. During privatization of separate objects in work of the industry commission other interested persons determined in Item 1.5 of this Section are recruited.

II. Main objectives and functions of the commission on privatization

2.1. The main objectives of the commission are:

control of carrying out inventory count of property of subject to privatization;

project development of the plan of privatization of object and its giving on approval to state body of privatization;

in cases, stipulated by the legislation, creation of the appraisal report of property and its representation for reviewing and approval to state body of privatization;

development, if necessary, recommendations about reorganization of objects;

consideration of addresses by leaders of the company which is in process of privatization in state body of privatization concerning property acquisition and other actions necessary for effective functioning of the company, according to requirements of article 12 of the Law of Ukraine "About privatization of state-owned property".

2.2. In case of address by leaders of the company which is in process of privatization to state body of privatization concerning property acquisition and other actions necessary for effective functioning of the company, according to requirements of article 12 of the Law of Ukraine "About privatization of state-owned property" the commission surely considers the submitted documents and provides to state body of privatization the corresponding conclusions and offers on feasibility of provision of the corresponding coordination on implementation of actions with property and the parcels of land of the company.

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