of November 26, 2008 No. 1024
About measures for enhancement of work of executive bodies with investors
Cabinet of Ministers of Ukraine decides:
2. Ceased to be valid.
( Changes according to the Resolution of the Cabinet of Ministers of Ukraine of 12.10.2011 No. 1041) are made to Item 3 (see the previous edition)
4. Recommend to local government bodies to put into practice requirements of the Standard regulations on the commission on assistance of the pre-judicial dispute settlement with investors under executive body approved by Item 1 of this resolution.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 26, 2008 No. 1024
1. The commission on assistance of pre-judicial dispute settlement with investors (further - the commission) is temporary consulting advisory body under executive body.
2. The commission in the activities is guided by the Constitution and the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, executive bodies, and also this Provision.
3. The main task of the commission is assistance of pre-judicial dispute settlement between the investor and executive body.
4. The commission is formed by the head of executive body based on the address of the investor.
5. The commission considers dispute between the investor and executive body from the date of receipt of the address of the investor in a month.
In case when the question raised in the address is not within the competence of executive body, the reasonable refusal in consideration of the address with the corresponding recommendations is provided to the investor within 15 days.
6. In the course of consideration of dispute between the investor and executive body the commission studies proposals of the investor, relevant organs of the executive authority, council on questions of investment attraction under Council of Ministers of the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city state administration and determines possible ways of pre-judicial dispute settlement.
7. The commission has the right:
receive in the procedure established by the legislation from relevant organs of the executive authority, the companies, organizations and the organizations information and documents necessary for accomplishment of the task assigned to it;
involve in the work government employees (in coordination with their heads), the leading scientists and specialists as independent experts for provision of consultations.
8. Commission chairman is the head of executive body.
The commission chairman approves its members and appoints the deputy and the secretary of the commission.
9. Form of work of the commission are meetings.
The secretary of the commission reports not later, than in 10-day term to members of the commission, the investor and other interested persons about the place, date and time of holding meeting with the direction of copy of its agenda together with materials which are subject to consideration.
10. Commission session is conducted by its chairman, and in case of its absence - the vice-chairman.
Commission session is considered competent if at it there are at least two thirds of her members.
11. The commission makes the decision by open voting. In case of equal distribution of voices the chairman's voice at meeting is decisive.
The decision of the commission is drawn up by the protocol which is signed the chairman at meeting and the secretary. The opinion of independent experts is entered in minutes.
The copy of the decision of the commission is sent to the investor, Ministry of Economics, Ministry of Justice and Gosinvestproyekt.
12. The decision of the commission has advisory nature.
13. Organizational and material logistics of activities of the commission performs executive body.
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