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LAW OF UKRAINE

of October 21, 2010 No. 2624-VI

About features of transfer to lease of objects in the spheres of heat supply, water supply and water disposal which are in municipal property

(as amended on 20-09-2019)

This Law determines features of transfer to lease or objects in the spheres of heat supply, water supply and water disposal which are in municipal property, feature of lease and such objects.

Section I. General provisions

Article 1.

It is excluded according to the Law of Ukraine of 10.10.2013 No. 640-VII

Article 2. Coverage of this Law

1. Operation of this Law extends to the relations connected with:

transfer to lease of complete property complexes of the companies, their structural divisions in the sphere of heat supply, water supply and drainage system which are in municipal property;

the paragraph third is excluded according to the Law of Ukraine of 03.10.2019 No. 155-IX;

the paragraph the fourth is excluded according to the Law of Ukraine of 03.10.2019 No. 155-IX;

economic use of objects of lease in connection therewith Law.

2. The relations specified in part one of this Article in the part which is not settled by this Law are regulated Civil, Economic, Land by codes of Ukraine, the Law of Ukraine "About lease of the state-owned and municipal property", other legal acts.

Article 3. Bodies, authorized to make the decision on transfer to lease of objects in spheres of heat supply, water supply and water disposal

1. Decisions on transfer to lease of objects

centralized water - heat supplies and the water disposals which are

in municipal property, accept:

concerning the objects which are in municipal property of territorial community of the village, settlement, city - the relevant village, settlement, city councils;

concerning the objects which are in joint property of territorial communities and in management of regional, regional council, the relevant regional, regional council at the request of the relevant councils of territorial communities.

Article 4. Requirements to subjects which leases objects in spheres of heat supply, water supply and water disposal

1. It is excluded according to the Law of Ukraine of  10.10.2013 No. 640-VII

2. The subject of managing with which the lease agreement concerning object in spheres of heat supply is signed of the water supply and drainage system which is in municipal property shall within three months from the date of signing of the relevant agreement provide compliance to licensed conditions of implementation of economic activity for which object is leased, and also to obtain the license for the corresponding type of economic activity.

Article 5. Initiative concerning transfer of objects in spheres of heat supply, water supply and water disposal in lease

1. Transfer of object in spheres of heat supply, water supply and water disposal which is in municipal property in lease is performed at the initiative of physical persons and legal entities which can be lessees or according to the Law, or executive bodies of village, settlement, city councils or local executive bodies.

2. Interested persons (bodies) submit the statement (representation) which contains initiative concerning transfer of object in spheres of heat supply, the water supply and water disposal which is in municipal property in lease to the relevant council determined by article 3 of this Law for consideration at regular session of council. By results of consideration of the application (representation) council makes the decision on the offer of transfer of object in spheres of heat supply, water supply and water disposal in lease or on refusal in its transfer to lease.

3. In case of decision making about the offer concerning transfer of object in spheres of heat supply, water supply and water disposal which is in municipal property in lease or about refusal in its transfer to lease receipt of the conclusions of bodies of the Antimonopoly Committee of Ukraine about possibility of lease or and about provisions of the lease or is not obligatory.

4. In case of acceptance by the relevant council determined by article 3 of this Law, the decision on the offer of transfer to lease or concession of object in spheres of heat supply, water supply and water disposal which is in municipal property organizational technical training of this object to transfer respectively to lease or concession is performed. After completion of such preparation competition on the right of receipt of object in lease or concession is announced.

5. It is excluded according to the Law of Ukraine of 10.10.2013 No. 640-VII

6. It is excluded according to the Law of Ukraine of 10.10.2013 No. 640-VII

Article 6. Organizational technical training of objects in spheres of heat supply, water supply and water disposal to transfer to lease

1. In time, determined by the relevant council, but no more than within twelve months from acceptance date it decisions on transfer to lease of object in spheres of heat supply, water supply and water disposal which is in municipal property, body authorized to manage municipal property, together with body (company), in economic maintaining or operational management of which such object stays, performs its organizational technical training to transfer to lease. In coordination with the relevant council the specified term can be prolonged.

2. Organizational technical training of object in spheres of heat supply, water supply and water disposal which is in municipal property to transfer to lease includes:

carrying out inventory count of fixed assets and inventory items as a part of such object;

ordering and recovery of technical and construction documentation concerning such object;

cost determination of object by implementation of independent assessment, at the same time the cost type determines market value. Assessment of object which is leased or concession, is performed according to the legislation on assessment of property and property rights and professional estimative activity;

allocation of the parcel of land assigned to object in nature (on the area).

3. In the course of organizational technical training of the corresponding object body, authorized to manage municipal property, prepares:

the instruction for applicants (including information and requirements to procedure for carrying out tender, development and execution of requests, information on points of order);

information on the announcement of tender;

the draft of the tender documentation including:

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