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LAW OF UKRAINE

of September 9, 2010 No. 2508-VI

About reducing debt to the Pension fund of Ukraine of the companies having strategic importance and the coal-mining companies and recovery of the pension rights of their workers

This Law regulates question of debt repayment before the Pension fund of Ukraine of the companies having strategic importance for economy and safety of the state, and write-off of penalties and penalty fee to the coal-mining companies for the purpose of observance of the right of employees of these companies to the proper level of provision of pensions and non-admission of deterioration in financial condition of these companies.

Article 1. Scope of the Law

1. Operation of this Law extends to the companies irrespective of pattern of ownership and type of activity carried to the list of the companies having strategic importance for economy and safety of the state, approved by the Cabinet of Ministers of Ukraine, and which are insurers according to the Law of Ukraine "About obligatory national pension insurance" (further insurers).

Provisions of article 3 of this Law do not extend to the coal-mining companies to which write-off of penalties and penalty fee is performed according to Item 14-2 of the Section XV "Final provisions" of the Law of Ukraine "About obligatory national pension insurance".

2. On the conditions determined by this Law the amounts can be spread:

1) overdue debt on the payment of fees on obligatory national pension insurance (daleenedoimk) determined according to the Law of Ukraine "About obligatory national pension insurance", which arose on the date of entry into force of this Law;

2) penalties and penalty fee which are added also not paid or are subject to charge according to the Law of Ukraine "About obligatory national pension insurance" on the date of entry into force of this Law.

Article 2. Rassrocheny debts on payment of insurance premiums for obligatory national pension insurance

1. The shortage amounts which arose on the date of entry into force of this Law according to the appeal of insurer can be spread for a period of up to 60 calendar months from the date of the conclusion with territorial authority of the Pension fund of Ukraine of the relevant agreement.

2. Rassrocheny shortages it is performed according to the procedure, established by the Cabinet of Ministers of Ukraine, on condition of provision by the insurer of guarantee of bank, other financial organization, insurance company on the corresponding amount.

3. Appeals of insurers concerning shortage rasstrocheniye which arrived later than 90 calendar days from the date of entry into force of the present to the Laws are not considered.

4. The spread amounts of shortage are subject to payment by equal shares in the terms established by the Law of Ukraine "About obligatory national pension insurance" for payment of insurance premiums for the monthly base accounting period.

5. Rassrocheniye is presented under the percent calculated for the period which begins from the date of the conclusion of the agreement on rassrocheniye of shortage and comes to an end repayment day of the spread amounts, proceeding from the discount rate of the National Bank of Ukraine operating for the period of payment of the next monthly payment. The specified percent are charged by the insurer, but not paid, except as specified, when the agreement on rossrocheniye of shortage is subject to termination.

The form of the standard agreement of rassrocheniye of shortage is determined by board of the Pension fund of Ukraine.

6. The percent added according to part five of this Article are written off during final repayment of the spread shortage.

7. The agreement on rassrocheniye is subject to termination that involves obligation of the insurer to pay not deposited amount of the spread shortage, and also the percent added according to part five of this Article on such spread shortage amount if the insurer:

1) increases new shortage and/or does not pay the next share of the spread shortage within three base accounting periods;

2) it is liquidated;

3) is recognized insolvent the procedure established by the law.

8. Agreement cancelation about rassrocheniye of shortage involves obligation of the insurer to pay not deposited amount of the spread shortage, and also the percent added according to part five of this Article on such spread shortage amount.

Article 3. Repayment of penalty fee and penalties

1. In case of decision making about shortage rassrocheniye penalties and penalty fee on the spread amounts of shortage are not charged.

2. The amounts of penalties and penalty fee added and not paid or which are subject to charge on the date of entry into force of this Law can be spread for a period of up to 60 calendar months from the date of the conclusion of the agreement on rassrocheniye of penalties and penalty fee in form and according to the procedure, the established board of the Pension fund of Ukraine.

In case of rassrocheniye of penalties and penalty fee to:

1) 60 calendar months - the total amount of penalties and penalty fee which is subject to payment in the Pension fund of Ukraine will constitute 100 percent;

2) 48 months - the total amount of penalties and penalty fee which is subject to payment in the Pension fund of Ukraine will constitute 90 percent;

3) 36 months - the total amount of penalties and penalty fee which is subject to payment in the Pension fund of Ukraine will constitute 80 percent;

4) 24 months - the total amount of penalties and penalty fee which is subject to payment in the Pension fund of Ukraine will constitute 70 percent;

5) 12 months - the total amount of penalties and penalty fee which is subject to payment in the Pension fund of Ukraine will constitute 60 percent;

6) 6 months - the total amount of penalties and penalty fee which is subject to payment in the Pension fund of Ukraine will constitute 50 percent.

3. The agreement on rassrocheniye of penalties and penalty fee consists territorial authorities of the Pension fund of Ukraine along with the conclusion of the agreement on shortage rassrocheniye.

4. On condition of payment in full of the spread penalties and penalty fee in accordance with the terms of the agreement on their rassrocheniye of amount of debt for payment of penalties and the penalty fee added is also not paid or being subject to charge on the date of entry into force of this Law, is considered extinguished of 100 percent.

5. The agreement on rassrocheniye of penalties and penalty fee is subject to termination of the Pension fund of Ukraine by territorial authorities if the insurer:

1) does not satisfy the term of the contract about rassrocheniye of penalties and penalty fee;

2) it is liquidated;

3) is recognized insolvent (concerning the insurer proceedings on bankruptcy are initiated) the procedure established by the law.

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