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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 9, 2011 No. 701

About approval of the Procedure for conducting state examination of investment projects

(as amended on 17-11-2021)

According to articles 8 and 15 of the Law of Ukraine "About investing activities" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for conducting state examination of investment projects which is applied.

2. To the ministries and other central executive bodies to bring own regulatory legal acts into accord with this resolution.

Prime Minister of Ukraine

N. Azarov

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 9, 2011, No. 701

Procedure for conducting state examination of investment projects

1. This Procedure determines the mechanism of conducting state examination of investment projects (further - state examination).

2. Terms which are used in this Procedure are used in the value given in the Law of Ukraine "About investing activities".

3. State examination, preparation and provision to the subject of investing activities (further - the customer) by its results of the conclusion are carried out by the central executive bodies realizing state policy in the field of which the investment project concerns, or Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city state administrations in case the investment project concerns development of the respective region (further - bodies which carry out state examination).

The technique of conducting state examination and form of the conclusion by its results are approved by Ministry of Economics.

To state examination of the state investment projects which development and realization are performed with use of the state capital investments preparation and representation by its results the conclusions are carried out by the main manager of means of the government budget according to Items 8-10 of the Procedure for the selection of the state investment projects approved by the resolution of the Cabinet of Ministers of Ukraine of July 22, 2015 No. 571 "Some questions of management of the state investments" (The Official Bulletin of Ukraine, 2015, No. 64, the Art. 2116).

State examination of infrastructure projects which are financed and/or expenses of which parts two of article 17 of the Law of Ukraine "About the capital markets and the organized goods markets" are refinanced for means of the government budget according to the paragraph the second, preparation by its results the conclusions carry out the central executive bodies which implement state policy in the field of which the infrastructure project concerns, according to Items 13 - 19 Procedures for selection of infrastructure projects which are financed and/or expenses of which are refinanced for means of the government budget approved by the resolution of the Cabinet of Ministers of Ukraine of November 17, 2021 No. 1245 "Some questions of selection of infrastructure projects which are financed and/or expenses of which refinanced for means of the government budget".

4. For conducting state examination the customer gives to the bodies determined according to Item 3 of this Procedure, such documents in duplicate:

1) the copy of the investment project in paper form developed in form and according to the procedure which are approved by Ministry of Economics which is stitched, numbered, certified by the authorized signature of the customer, and in electronic form (of the doc or PDF and xls format (table);

2) the copies of constituent documents certified in accordance with the established procedure (for the legal entity - the resident);

3) copies of the identity document, and the certificate of assignment of registration number of accounting card of the taxpayer (except physical persons which because of the religious beliefs refused adoption of registration number of accounting card of the taxpayer and reported about it to relevant organ of the State Tax Service and have mark in the passport) with provision of originals of the specified documents (for the physical person - the resident);

4) copies of balance on the last reporting date together with appendices and balances for the last three years (for the legal entity);

5) examinations of the independent expert organizations (in the presence).

5. In case when the investment project does not answer the established form and/or documents are filed not in full, they return to the customer within seven working days of date of their receipt to body who carries out state examination and is represented in Ministry of Economics for evaluating cost efficiency of the investment project.

6. Process of conducting state examination provides:

1) carrying out the analysis of the submitted documents by body which carries out state examination;

2) determination:

compliance of the investment project to requirements of the legislation;

coordinations of ecological, economic and social interests;

relevance and social orientation of the investment project;

efficiency of use of budgetary funds;

reliability of technical and economic calculations and justification of amount and form of provision of the state support for implementation of the investment project;

availability proper personnel, material logistics for implementation of the investment project.

State examination of the investment project shall consider standard rates concerning sanitary and epidemiological wellbeing of the population, ecology, labor protection, energy saving, fire, technogenic, nuclear and radiation safety.

The paragraph the eleventh is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 13.12.2017 No. 997.

The paragraph the twelfth is excluded by 997.

3) obtaining by body which carries out state examination of the investment project, the conclusions by results of assessment of cost efficiency of the investment project which is carried out by Ministry of Economics.

For receipt of the conclusion by results of assessment of cost efficiency of the investment project bodies which carry out state examination of the investment project within seven working days from the moment of receipt of the documents specified in item 4 of this Procedure and after carrying out their analysis submit the specified documents to Ministry of Economics in one copy.

Assessment of cost efficiency of the investment project is performed by the following criteria:

net present value;

internal return rate;

the discounted payback period;

profitability index.

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