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The document ceased to be valid since  October 27, 2020 according to Item 2 of the Resolution of the Cabinet of Ministers of Ukraine of  September 23, 2020 No. 993

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 30, 2011 No. 594

About approval of the Procedure for holding auctions for sale of special permissions to use of natural resources

(as amended on 09-09-2020)

According to part two of article 16 of the Code of Ukraine about subsoil and part one of article 14 of the Law of Ukraine "About oil and gas" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for holding auctions for sale of special permissions to use of natural resources which is applied.

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 30, 2011, No. 594

Procedure for holding auctions for sale of special permissions to use of natural resources

1. This Procedure determines the procedure of sale at auction of special permission to use of natural resources within the territory of Ukraine, its continental shelf and exclusive (sea) economic zone (further - permission).

2. The terms applied in this Procedure have such value:

auction - method of sale of permissions by tendering;

the purchase and sale agreement of permission - the prisoner between the organizer and the winner of auction the agreement under which the organizer of auction provides permission to his winner and the winner pays the organizer of auction the permission price approved during the biddings;

the purchase and sale agreement of permission with suspensive circumstance - the prisoner between the organizer and the winner of auction the agreement which is signed on condition of receipt of the conclusion by results of the carried-out environmental impact assessment according to which implementation of the planned activities is admissible;

the guarantee fee - payment in the amount of 20 percent of starting price of permission which is deposited by the applicant to account of the organizer, opened in body of Treasury;

card of the buyer - the card with registration number of the buyer granting to it the participation right in auction;

bid increment - the size established by the organizer of auction by which in the course of holding the auction each suggested price of sale of permission raises;

litsitator - the leader of auction;

packet of auction documentation - the documents containing data on the subsoil plot, permission to use of natural resources within which is offered for auction (the name and coordinates, the location, general information about geological structure, starting price), the draft agreement on conditions of use of natural resources, the work program, the list of the geological information provided in use in case of receipt of special permission, the copy of approvals of provision of the respective subsoil plots in use provided by the bodies determined in Item 6 of this Procedure;

the buyer - the applicant who according to this Procedure is allowed to participation in auction;

starting price of permission - the price which is calculated by the organizer of auction according to the Technique of determination of starting price of the sale at auction of special permission to mineral right approved by the resolution of the Cabinet of Ministers of Ukraine of October 15, 2004 No. 1374 (The Official Bulletin of Ukraine, 2004, No. 42, Art. 2772; 2006, No. 45, Art. 3014);

the applicant - the subject of managing (legal or physical person entrepreneur) who submitted the application about participation in auction for receipt of permission;

the agreement on conditions of use of the subsoil plot - the agreement between the organizer and the winner of auction which is integral part of permission and determines conditions of use of the subsoil plot.

3. Participants of auction are the organizer of auction, auction committee, buyers.

The organizer of auction is Gosgeonedra, and concerning mining of local value in the territory of the Autonomous Republic of Crimea - Council of Ministers of the Autonomous Republic of Crimea.

4. The common directorship and control of observance of conditions of holding auctions is exercised by auction committee.

The organizer of auction approves regulations on auction committee, its structure, standard forms of auction documents, the protocol of holding the auction, determines rules of conduct of the buyers and persons who are present at the biddings during the auction, date, time and the place of its carrying out.

The structure of auction committee affirms in coordination with the Ministry of the environment.

The approximate purchase and sale agreement of permission affirms the organizer of auction.

5. Auction committee:

considers applications about participation in auction, determines their compliance to requirements of this Procedure;

constitutes the list of buyers;

stops holding the auction and/or removes separate permissions from sale;

declares valid auction not;

makes other actions connected with holding the auction.

The decision of auction committee is made by simple majority vote from the approved structure and drawn up by the protocol.

6. Legal entities and physical persons entrepreneurs can submit applications for exposure of permission to use of the subsoil plot to auction which are subject to obligatory consideration by the organizer of auction.

In that case physical person entrepreneur or the legal entity offers the appropriate program of works.

Within 10 working days from the date of receipt of the statement by the organizer the decision on the beginning of preparation of the subsoil plot for auction or on refusal in carrying out such preparation is made. In case of refusal reasons with reference to requirements of the legislation are specified.

About the made decision within three working days it is reported to the initiator and posted on the official site of the organizer of auction.

The organizer of auction prepares taking into account the applications submitted by legal entities and physical persons entrepreneurs, offers on determination of the list of subsoil plots, permissions to use of which are offered for auction, and together with work programs approves them (except subsoil plots in the territory of the continental shelf and exclusive (sea) economic zone) with:

Council of Ministers of the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city councils - concerning use of the subsoil plots containing minerals of nation-wide value, and also subsoil plots, provided for the purposes which are not connected with mining;

the relevant regional, city, settlement, village councils - concerning use of subsoil plots, containing minerals of local value;

the paragraph of the eighth is excluded.

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