LAW OF UKRAINE

of December 9, 2011 No. 4107-VI

About Fund of state-owned property of Ukraine

This Law determines the status, the organization, powers and procedure for activities of Fund of state-owned property of Ukraine.

Section I General provisions

Article 1. Status of Fund of state-owned property of Ukraine

1. The fund of state-owned property of Ukraine is the central executive body with the special status which realizes state policy in the sphere of privatization, lease, use and alienation of state-owned property, management of objects of state-owned property, including corporate laws of the state concerning the objects of state-owned property belonging to the sphere of its management and also in the sphere of state regulation of assessment of property, property rights and professional estimative activity.

The fund of state-owned property of Ukraine is responsible before the President of Ukraine.

Activities of Fund of state-owned property of Ukraine go and coordinated by the Cabinet of Ministers of Ukraine.

Features of the special status of Fund of state-owned property of Ukraine are determined by the Constitution and the laws of Ukraine, acts of the President of Ukraine and consist in special procedure for position assignment and dismissal of the Chairman of Fund of state-owned property of Ukraine.

Article 2. Principles of activities of Fund of state-owned property of Ukraine

1. The fund of state-owned property of Ukraine is effective by the principle of one-man management.

Activities of Fund of state-owned property of Ukraine are based on the principles of supremacy of law, legality, continuity, openness, transparency and responsibility.

Article 3. Legal principles of activities of Fund of state-owned property of Ukraine

1. The fund of state-owned property of Ukraine in the activities is guided by the Constitution of Ukraine, present and other laws of Ukraine, acts of the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine, other acts of the legislation of Ukraine, orders of the President of Ukraine and the Prime Minister of Ukraine.

Article 4. Main tasks of Fund of state-owned property of Ukraine

1. Belong to Fund of state-owned property of Ukraine to the main tasks:

1) realization of state policy in the sphere of privatization, lease, use and alienation of state-owned property, and also in the sphere of state regulation of assessment of property, property rights and professional estimative activity;

2) organization of accomplishment of the Constitution and laws of Ukraine, acts of the President of Ukraine and Cabinet of Ministers of Ukraine, other acts of the legislation and control of their accomplishment;

3) management of objects of state-owned property, in particular corporate laws of the state in the authorized capital of economic societies concerning which the decision on privatization is made and approve the plan of share placing; the societies formed in the course of transformation (including by corporatisation) the state companies belonging to the sphere of its management, and also societies formed with participation of Fund of state-owned property of Ukraine;

4) protection of property rights of the state companies, and also the state blocks of shares (shares) belonging to the sphere of management of Fund of state-owned property of Ukraine in the territory of Ukraine;

5) control in the sphere of the organization and carrying out privatization of state-owned property, alienation of state-owned property in the cases established by the legislation, transfers of state-owned property to lease and use; return to state-owned property of state-owned property which was privatized, is alienated or was disposed from state-owned property with violation of the law; management of corporate laws of the state which are in the sphere of its management;

6) state regulation in the sphere of assessment of property, property rights and professional estimative activity;

7) assistance to process of demonopolization of economy and to creation of conditions for the competition of producers;

8) cooperation with the international organizations in realization of state policy in the sphere of privatization, lease, use and alienation of state-owned property within the powers assigned to it, management of corporate laws of the state, and also in the sphere of state regulation of assessment of property, property rights and professional estimative activity.

2. The fund of state-owned property of Ukraine gives:

quarterly to the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine the research opinion about work of Fund of state-owned property of Ukraine and the course of privatization of state-owned property;

annually till May 1 to the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine the report for work of Fund of state-owned property of Ukraine and the course of privatization of state-owned property.

Section II of Power of fund of state-owned property of Ukraine

Article 5. Powers of Fund of state-owned property of Ukraine

1. Fund of state-owned property of Ukraine:

1) in the sphere of normative providing:

develops and introduces in accordance with the established procedure to the Cabinet of Ministers of Ukraine drafts of the laws and other regulatory legal acts;

publishes own regulatory legal acts;

participates in:

to project development of international treaties concerning state-owned property and its use;

to development and implementation of the international projects and programs;

performs cooperation with the international organizations, state bodies and non-governmental organizations of foreign states on the questions belonging to its competence;

2) in the sphere of privatization of state-owned property:

the paragraph two is excluded;

participates in:

to preparation of joint projects concerning financing of structural transformations by the international organizations in economy of the state, privatization and postprivatization support of the companies;

forming of investment policy;

promotes attraction of non-state investments into objects of public sector of economy, in particular by implementation of investment projects on the principles of joint or investing activities;

changes organizational form of the companies which are in state-owned property in the course of privatization;

makes the decision on the termination of the legal entity in the course of privatization;

performs powers of the owner of state-owned property, including corporate laws, in the course of privatization and controls activities of the companies, organizations and organizations belonging to the sphere of its management;

performs sale of state-owned property in the course of its privatization;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info