RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 8, 2009 No. 689

About approval of the Procedure for sale of objects, privatizeable, together with the parcels of land of state-owned property

According to part one of Article 128 of the Land code of Ukraine and article 18-1 of the Law of Ukraine "About privatization of state-owned property" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for sale of objects, privatizeable, together with the parcels of land of state-owned property it (is applied).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 8, 2009, No. 689

Procedure for sale of objects, privatizeable, together with the parcels of land of state-owned property

1. This Procedure determines the procedure of sale of objects, privatizeable, together with the parcels of land of state-owned property.

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

auction - method of sale of object of auction to the participant who offered the highest price;

the auction commission - the commission on preparation and holding the auction formed by state body of privatization;

the contractor by assessment - legal entity or physical person which has the certificate of the subject of estimative activities is subject of estimative activities in the sphere of assessment of lands and performs practical activities in the corresponding directions of assessment;

the contractor on land management - the legal entity having necessary technical and technological support and as a part of which at least two certified engineers - land surveyors who are responsible for quality of works on land management, or physical person entrepreneur, owning necessary technical and technological support work on principle place of employment and is the certified engineer - the land surveyor responsible for quality of works on land management;

state bodies of land resources - Gosgeokadastr and his territorial authorities;

the litsitator - person who owns technology of tendering and conducts auction in accordance with the established procedure;

auction object - object which is privatized together with the parcel of land of state-owned property on which it is located;

preparation of the parcels of land - the land management and zemleotsenochny works connected with preparation of the parcels of land for sale as a part of object of auction or for entering of the parcels of land into the authorized capital of economic society.

3. Financing of the actions connected with preparation of the parcels of land is performed at the expense of the means provided by the Law on the Government budget of Ukraine for the corresponding year.

The state body of privatization acts as the customer of the specified works and services.

4. State bodies of privatization taking into account the approved lists of objects of state-owned property which are subject to privatization create and will promulgate lists of objects of auction and lists of economic societies in which authorized capital the parcels of land are brought on the website, and send them to the relevant state bodies of land resources together with request about representation:

land and cadastral documentation and technical documentation on land management concerning establishment of borders of the parcel of land in nature (on the area);

excerpts from technical documentation on normative money value;

information on availability of prohibitions for sale of the parcels of land according to requirements of the land legislation;

information on availability of servitudes and restrictions (burdenings) of the rights to the parcels of land concerning objects which are included in the list, and the permitted use types.

The state body of land resources submits to state body of privatization to ten-day time after receipt of request the specified information, documentation and endurance.

Information concerning availability of nature protection restrictions, belongings of the parcels of land to objects of natural and reserved fund and sales opportunity of the parcels of land which are part of such objects taking into account their ecological value prepares state bodies of land resources in coordination with Ministry for Protection of the Environment and Natural Resources.

Lists of objects which belong according to the State program of privatization to group Zh and are subject to privatization together with the parcels of land on which they are located, affirm regional departments of Fund of state-owned property in coordination with Fund of state-owned property.

5. The state body of privatization based on the answer provided by state body of land resources about lack of information and documentation prepares task for performance of works on land management and determines on the competitive beginnings of the contractor by land management according to the procedure who affirms Fund of state-owned property. By results of tender the agreement on development of documentation on land management in which according to the specification the procedure for work and the party responsible for submission of documentation on land management for state examination are determined is signed with the contractor on land management.

6. In the course of preparation of the parcel of land state bodies of land resources provide in 20-day time after receipt of documentation on land management carrying out at the initiative of state body of privatization of state examination of such documentation, in particular concerning establishment of borders of the parcel of land in nature (on the area).

The state body of privatization based on positive conclusions of the mentioned examination determines on the competitive beginnings of the contractor by assessment and signs with it the agreement it on carrying out.

7. Project cost of auction and asset cost of economic society taking into account the cost of the parcel of land which is brought in its authorized capital is determined according to the Technique of the expert money value of the parcels of land approved by the resolution of the Cabinet of Ministers of Ukraine of October 11, 2002 No. 1531 (The Official Bulletin of Ukraine, 2002, No. 42, the Art. 1941), and the Technique of assessment of property approved by the resolution of the Cabinet of Ministers of Ukraine of December 10, 2003 No. 1891 (The Official Bulletin of Ukraine, 2003, N 51, the Art. 2669).

By results of assessment the contractor by assessment constitutes the valuation report of object of auction or the report on asset cost of economic society taking into account the cost of the parcel of land which is subject to entering into its authorized capital which separate part is the report on expert money value of the parcel of land. In the valuation report of object of auction the project cost of auction, subject to privatization, the parcel of land is specified.

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