of January 13, 2012 No. 4335-VI
About the State program of privatization
1. Approve the State program of privatization for 2012-2014 it (is applied).
2. This Law becomes effective from the date of entry into force of the Law of Ukraine "About introduction of amendments to some laws of Ukraine concerning privatization concerning realization of provisions of the State program of privatization for 2012-2014".
President of Ukraine V. Yanukovych
Approved by the Law of Ukraine of January 13, 2012 No. 4335-VI
1. Privatization as the large-scale social and economic project of transformation of state-owned property which implementation was begun in Ukraine in 1992 aimed to provide in short time strategic line items of private property in national economy.
Process of privatization of state-owned property promoted accumulating of objects of private property, made irreversible market transformations. At the same time in Ukraine the effective system of the relations of property which would provide optimum use of national economic capacity was not created and would promote goal achievement and accomplishment of tasks of social and economic development. Process of privatization continues nearly 20 years.
2. The state program of privatization for 2012-2014 (further the Program) determines the purpose, ways, methods, actions and tasks of privatization of state-owned property.
3. The stated below terms are used in the Program in such value:
1) groups of subjects to privatization - the distribution of objects of state-owned property established by the legislation on privatization on qualification signs for the purpose of rational and effective application of methods of privatization (group A, B, G, D, E and Zh);
2) controlling stock - the block of shares in the amount of which according to article 41 of the Law of Ukraine "About joint-stock companies" provides quorum of voting shares at general shareholder meetings that gives the chance to the owner (to the state or to the buyer) to perform decisive influence on activities of appropriate subject of managing;
3) preprivatization preparation - optimization of structure of property, property rights and intangible assets which can include restructuring of the companies of public sector of economy.
4. The purpose of the Program is assistance of optimization of share of public sector of economy in market conditions, increase in efficiency of economy and strengthening of its competitiveness. The program is carried out in the way:
1) ensuring high rates of privatization of objects of state-owned property concerning which the prohibition and restriction for privatization is not established and which are excessive for accomplishment of the functions by the state have no demand at buyers, are unprofitable and remunerative;
2) use of the individual principles of privatization of the companies which has strategic importance for economy and safety of the state, the companies with domination signs on nation-wide commodity market (works, services) and such which need special approach because use unique resources and intangible assets (group G) in production process;
3) assistance to attraction to privatization of the parcels of land on which objects of state-owned property, privatizeable are located;
4) reducing restrictions concerning privatization of objects of state-owned property provided that specified negatively will not influence accomplishment of the functions by the state, and also will not be created by danger to social and economic and ecological conditions of activity of society;
5) attraction to privatization of the investors interested in long-term development of the companies after privatization;
6) increases in level of appeal of privatization to investors, forming of positive image of privatization in Ukraine and the world.
5. High rates of privatization of objects of state-owned property are provided to be provided as a result:
1) attraction to privatization of more wide range of objects of state-owned property;
2) expansions of circle of potential buyers by increase in level of their awareness;
3) simplifications of procedures of preparation for privatization of objects for the purpose of cost reduction of time;
4) implementations of the simplified methods of sale of objects of state-owned property (except controlling stock of the joint-stock companies relating to group G) which have no demand at potential buyers (in case when objects are not sold using other competitive methods), in particular method:
sales by writedown method to the level of the actual demand without restriction of the minimum selling price;
crushing of blocks of shares (concerning the blocks of shares belonging to the state in the amount of less than 25 percent of the authorized capital of joint-stock company) and sales by their separate lots on the stock exchanges;
sales without announcement of the price;
5) establishments of specific terms of privatization of objects of state-owned property - up to two years from the moment of decision making about privatization.
6. In case of privatization of the research and proyektnokonstruktorsky organizations and organizations their role in servicing of industries of national economy and the companies is considered, pattern of ownership concerning objects of intellectual property right is determined.
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