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LAW OF UKRAINE

of April 27, 2010 No. 2154-VI

About the Government budget of Ukraine for 2010

(as amended on on December 24, 2010)

I. GENERAL PROVISIONS

Article 1. Determine the income of the Government budget of Ukraine for 2010 in the amount of 254.995.704, 1 thousand hryvnias, including the income of the general fund of the Government budget of Ukraine - in the amount of 210.091.367, 3 thousand hryvnias and the income of special fund of the Government budget of Ukrainyv to the amount of 44.904.336, 8 thousand hryvnias, according to the appendix N 1 to this Law.

Approve expenses of the Government budget of Ukraine for 2010 in the amount of 307.748.182, 9 thousand hryvnias, including expenses of the general fund of the Government budget of Ukraine - in the amount of 240.987.254 thousand hryvnias and expenses of special fund of the Government budget of Ukraine - in the amount of 66.760.928, 9 thousand hryvnias.

Approve for 2010:

return of the credits to the Government budget of Ukraine in the amount of 5.517.781, 3 thousand hryvnias, including return of the credits to the general fund of the Government budget of Ukraine - in the amount of 1.367.627, 5 thousand hryvnias and return of the credits to special fund of the Government budget of Ukrainyv to the amount of 4.150.153, 8 thousand hryvnias;

loan granting from the Government budget of Ukraine in the amount of 6.860.672, 4 thousand hryvnias, including loan granting from the general fund of the Government budget of Ukraine - in the amount of 809.847, 5 thousand hryvnias and loan granting from special fund of the Government budget of Ukraine - in the amount of 6.050.824, 9 thousand hryvnias;

financing of the Government budget of Ukraine in the amount

54.095. 369, 9 thousand hryvnias, including financings of the general fund of the Government budget of Ukraine - in the amount of 30.338.106, 7 thousand hryvnias and financing of special fund of the Government budget of Ukraine - in the amount of 23.757.263, 2 thousand hryvnias, according to the appendix N 2 to this Law.

Establish turnover cash of the Government budget of Ukraine for 2010 at the rate to two percent of the expenses of the general fund of the Government budget of Ukraine determined by this Article.

II. INCOME OF THE GOVERNMENT BUDGET OF UKRAINE

Article 2. Determine that for 2010 treat the income of the general fund of the Government budget of Ukraine:

1) the value added tax (except tax debt of the state coal-mining companies and coal-mining economic societies which 100 percent of shares belong to the state, and the receipts determined by Item 53 of article 6 of this Law);

2) the income tax of the companies (except tax debt and receipts of the spread tax liabilities of National joint stock company "Neftegaz of Ukraine" and its companies in the amount of 3.280.265, 2 thousand hryvnias, and also tax debt of the state coal-mining companies and coal-mining economic societies which 100 percent of shares belong to the state);

3) collection for special use of forest resources of the state value;

4) payments for use of natural resources of nation-wide value;

5) collection percent 25,45 for the exploration works performed at the expense of the government budget (except receipts from debt repayment of Ukrgazdobycha subsidiary company of National joint stock company "Neftegaz of Ukraine" on collection for the exploration works performed at the expense of the government budget);

6) the excise duty from the goods made in Ukraine (except the excise duty from the goods made in Ukraine which is paid by the payers registered in the Autonomous Republic of Crimea 80 percent, the excise duty from the oil products and vehicles made in Ukraine);

7) the excise duty from the goods imported on the territory of Ukraine (except 80 percent of the excise duty from the oil products and vehicles imported on the territory of Ukraine);

8) payment for licenses (except payment for licenses which are granted by Council of Ministers of the Autonomous Republic of Crimea, executive bodies of local councils and local executive bodies, and payments for licenses for the right of retail trade by alcoholic beverages and tobacco products);

9) the means received for making of consular actions in the territory of Ukraine and 90 percent of the means received for making of consular actions outside Ukraine in the procedure established by the Cabinet of Ministers of Ukraine;

10) import duty (except 80 percent of import duty for oil products and vehicles and the tire to them);

11) rent payment for oil, natural gas, gas condensate which are got in Ukraine (except rent payment for the natural gas extracted in Ukraine which is paid by Ukrgazdobycha subsidiary company of National joint stock company "Neftegaz of Ukraine"), including tax debt and the spread tax liabilities on these payments;

12) payment for placement of temporarily available funds of the government budget;

13) the state fee in part which according to the law is enlisted in the government budget;

14) means from sanctions (penalties, penalty fee and so forth) which are applied according to solutions of authorized officers of the Antimonopoly Committee of Ukraine, other executive bodies (except administrative penalties which are imposed by executive bodies of the relevant councils and the administrative commissions formed by them in accordance with the established procedure, penalties for violation of the law about patenting; penalties for violation of the law concerning ensuring effective use of energy resources), and also on the decisions of the courts made according to appeals of authorized divisions of executive bodies; penalties owing to failure to carry out of the budgetary funds signed by the manager of agreements with subjects of housekeeping on purchase of goods, works and services at the expense of means of the government budget;

15) means from realization of the property seized by a court decision; the treasures which are historical and cultural monuments, the property received by the state according to the procedure of inheritance or donation;

16) part of net profit (income) of the state unitary enterprises and their associations which is withdrawn in the budget, and dividends (income) added on the share (shares, shares) of economic societies in which authorized capital there is state-owned property, including debt for the expired periods on payment of part of net profit (income) of National joint stock company "Neftegaz of Ukraine" and its companies;

17) 80 percent of the means received by the companies, organizations and the organizations which contain at the expense of the government budget, for the gold which are handed over in the form of scrap and waste, platinum, metals of platinum group, gemstones, and 50 percent of the means received by these companies, organizations and the organizations for the silver which is handed over in the form of scrap and waste;

18) 20 percent of receipts in the State specialized fund of financing of nation-wide expenses on aviation activities and participation of Ukraine in the international aviation organizations;

19) 10 percent of harbor (administrative) fee;

20) 10 percent of means from sale of the parcels of land of nonagricultural appointment or the rights to them which stay in state-owned property before differentiation of lands of the state-owned and municipal property (except the parcels of land specified in Item 27 of Article 6 and the paragraph third Item of 1 part one of article 47 of this Law); 100 percent of means from sale of the parcels of land of nonagricultural appointment or the rights to them which stay in state-owned property after differentiation of lands of the state-owned and municipal property;

21) rent payment for oil transportation and oil products trunk oil pipelines and oil pipelines;

22) rent payment for transit transportation of ammonia;

23) 50 percent of the executive collection collected by bodies of the public executive service;

24) payment for allocation of number resource;

25) 50 percent of the rent for use of the property (except military property and property of National academy of Sciences of Ukraine and industry academies of Sciences) belonging to budgetary institutions which contain at the expense of the government budget;

26) assignments from the amounts of the means spent for advertizing of tobacco products and/or alcoholic beverages within Ukraine;

27) payment for customs clearance of goods and vehicles out of the location of customs authorities or out of working hours, established for customs authorities;

28) collection for issue of special permissions to use of natural resources and means from sale of such permissions;

29) the means received from United Nations secretariat, OSCE or other regional organization for participation of the Ukrainian contingent of the Armed Forces of Ukraine in peacekeeping transactions;

30) the means received from provision by participants of the procedure of purchases of providing their tender offer which are not subject to return to these participants, in cases, stipulated by the legislation concerning purchases of goods, works and services for public funds, regarding implementation of purchases at the expense of means of the government budget;

31) the means received from the winner participant of procurement procedure during the conclusion of the purchase agreement as ensuring accomplishment of this agreement which are not subject to return to the winner participant, regarding implementation of purchases at the expense of means of the government budget;

32) rent receipts for use of complete property complex and other state-owned property (except the receipts determined by Item 25 of this Article);

33) export duty;

34) single collection which is collected at check points through frontier of Ukraine;

35) collection for use of radio-frequency resource of Ukraine;

36) assignment of the means received from carrying out the state cash lotteries;

37) receipts from excess of the estimate income over budgeted expenses of the National Bank of Ukraine;

38) interest for using the public soft credit provided on construction (acquisition) of housing for separate categories of citizens who according to the current legislation have the right to such credits, and scientific and pedagogical and pedagogical workers (except the receipts determined by Item 28 of article 6 of this Law);

39) payment for state registration of sources of ionizing radiation (registration fee);

40) payment for provision of the state guarantees and use of the loans (loans) attracted by the state except payment of the power generation companies for provision of the state guarantees and use of the subcredits provided on implementation of the Project of market development of the electric power;

41) means which are transferred to the government budget from local budgets;

42) payment for use of other natural resources;

43) 50 percent of administrative penalties in the sphere of safety of traffic which are imposed by authorized bodies (officials);

44) payment for the rates provided in lease which are in basins of the rivers of nation-wide value;

45) collection for special water use;

46) other income which is subject to transfer in the Government budget of Ukraine according to Article 29 of the Budget code of Ukraine;

47) receipt in the amount of the percent added by foreign banks on means on current accounts of foreign diplomatic organizations of Ukraine;

48) means, arrived to foreign diplomatic organizations of Ukraine on account of repayment of receivables which arose in previous years;

49) collection in the form of the target allowance to applicable fare on natural gas for consumers of all patterns of ownership (except receipts on this payment in the amount determined by special fund of the government budget in the appendix N 1 to this Law);

50) 50 percent of means from realization of excessive arms, military and special equipment, other property of the Armed Forces of Ukraine.

Article 3. Determine what the companies which share of the state in authorized fund of 50 percent and more, economic societies, 50 percent and more shares (share, shares) which are in authorized capitals of other economic societies which shareholder is the state and holds in them controlling stock, and also affiliated enterprises, representations and branches of such companies and societies, the agreement parties about joint activities, and/or persons authorized by the cooperation agreements signed with the assistance of the specified companies monthly perform sale:

the crude oil and gas condensate of own production extracted based on special permissions to use of natural resources (except amounts which are used on own technological requirements), and also the gas liquefied - it is exclusive at exchange auctions. At the same time the level of the starting prices (without the expense accounting on transportation, delivery and storage) at exchange auctions for oil and gas condensate is determined based on customs value of oil according to the State Customs Service of Ukraine in 15 days preceding registration date of requests for holding exchange auction and taking into account the allowance for quality for crude oil and gas condensate. In case of realization at exchange auctions of the liquefied gas for requirements of the population the level of the starting prices of the liquefied gas is determined according to the level of prices for natural gas for the population. Reduction of price of oil or of gas condensate at exchange auctions below the starting prices is not allowed. The procedure for the organization and holding exchange auctions for sale of crude oil and the gas condensate of own production liquefied to gas, determinations of the starting prices at these auctions, allowances for quality for crude oil and gas condensate, and also procedure for determination of sales amounts at exchange auctions of the liquefied gas for requirements of the population is established by the Cabinet of Ministers of Ukraine;

all natural gas (including oil (passing) gas) own production (got based on special permissions to use of natural resources) for forming of natural gas resource which is used for requirements of the population directly to the subject authorized by the Cabinet of Ministers of Ukraine on forming of such resource at the price (which shall provide covering of economically reasonable expenses of production and profit earning) approved by the National commission of regulation of power industry of Ukraine for each subject of the housekeeping determined in paragraph one of part one of this Article.

Determine that transfer to buyers of crude oil and gas condensate is performed on fields or metering stations of the subjects of housekeeping determined by paragraph one of part one of this Article. Shipment acquired at exchange auctions of crude oil and gas condensate is performed by railway, road or pipeline transport. The method of shipment and the direction of transportation are determined by the buyer in the corresponding purchase and sale agreements.

If the price at which oil sale crude and gas condensate at exchange auctions, below the starting price determined according to the paragraph to the second part one of this Article is enabled the subjects of housekeeping determined by paragraph one of part one of this Article pay in the government budget penalty in the amount of 100 percent of difference of the cost calculated at the starting price and the actual sales prices. Collection of such penalties is performed by bodies of the State Tax Service for representation of the Ministry of Fuel and Energy of Ukraine.

Under condition if during another exchange auction the amounts of crude oil or gas condensate offered for sale were not realized fully or partially, they are offered for additional exchange auction which is held to the same calendar month. If sale of the specified amounts of crude oil and gas condensate did not take place at additional exchange auction or the additional exchange auction was not held, unrealized amounts of crude oil and gas condensate based on the purchase and sale agreement at the starting price of additional exchange auction are implemented National joint stock company "Neftegaz of Ukraine". The national joint stock company "Neftegaz of Ukraine" pays the shipped amounts of crude oil and gas condensate within 30 days from the date of the conclusion of the purchase and sale agreement.

Determine that at the expense of natural gas (including oil (passing) gas) which is extracted by the subjects of housekeeping determined in paragraph one of part one of this Article is created and used natural gas resource for requirements of the population according to the procedure, established by the Cabinet of Ministers of Ukraine.

For the purpose of observance of regulations of this Article transfer of crude oil, gas condensate, natural gas (including the oil (passing) and liquefied gas) on the terms of commission agreements, conversion to be provided, other agreements which are not providing transfer of property on them is not allowed.

Operation of this article expatiates only on those agreement parties on joint activities according to which the cost of contribution of the companies which share of the state in authorized fund of 50 percent and more, economic societies, 50 percent and more shares (share, shares) which are in authorized capitals of other economic societies which shareholder is the state and holds in them controlling stock, and also affiliated enterprises, representations and branches of such companies and societies, constitutes 50 percent and more total cost of deposits of agreement parties about joint activities.

Article 4. Determine that the National Bank of Ukraine in 2010 brings in the Government budget of Ukraine excess of the estimate income over budgeted expenses of the National Bank of Ukraine for the total amount at least 10.000.000 thousand hryvnias.

Article 5. Determine that in 2010 sale of special permissions to use of natural resources is performed at auctions, except the cases determined by the Cabinet of Ministers of Ukraine. The procedure for holding auctions for sale of special permissions to use of natural resources and procedure for their provision is established by the Cabinet of Ministers of Ukraine.

Article 6. Determine that sources of forming of special fund of the Government budget of Ukraine for 2010 regarding the income are:

1) 80 percent of the excise duty from the oil products and vehicles made in Ukraine;

2) 80 percent of the excise duty from the oil products and vehicles imported on the territory of Ukraine;

3) 80 percent of import duty for oil products and vehicles and tires to them;

4) 10 percent of the means received for making of consular actions outside Ukraine;

5) collection in the form of the target allowance to applicable fare on electrical and heat energy;

6) the payments connected with stay of the Black Sea Fleet of the Russian Federation in the territory of Ukraine according to the Agreement between the Government of Ukraine signed on May 28, 1997 and the Government of the Russian Federation on the mutual calculations connected with the Section of the Black Sea Fleet and stay of the Black Sea Fleet of the Russian Federation in the territory of Ukraine (643_077);

7) 50 percent of the executive collection collected by bodies of the public executive service;

8) means from realization of the excessive space equipment of military and dual purpose which belongs to National space agency of Ukraine;

9) means from realization of excessive arms, the military and special equipment, other property of the Armed Forces of Ukraine (except Item 50 of article 2 of this Law) and other military forming formed according to the laws of Ukraine, law enforcement agencies and Operational rescue service of civil protection of the Ministry of Ukraine concerning emergency situations and for protection of the population against consequences of the Chernobyl catastrophic crash;

10) charges on compulsory national pension insurance which according to the law are paid when implementing non-cash transactions on purchase sale of foreign currency for hryvnia, to trade in jewelry from gold (except wedding rings), platinum and gemstones and in case of alienation of cars, on transactions of acquisition (purchase and sale) of real estate, on use and provision of services of cellular mobile communication (the additional charges on pension payment) according to the procedure, determined by the Cabinet of Ministers of Ukraine;

11) 80 percent of receipts in the State specialized fund of financing of nation-wide expenses on aviation activities and participation of Ukraine in the international aviation organizations;

12) 90 percent of harbor (administrative) fee;

13) charges for preparation for state registration of copyright and the agreements concerning the author's right to the work, and means from sale of control brands;

14) receipts from issue of permissions to export-import transactions with drugs, psychotropic substances and precursors;

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