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LAW OF UKRAINE

of February 23, 2012 No. 4442-VI

About features of formation of joint-stock company of rail transport public

(as amended on 18-10-2018)

This Law determines legal, economic and organizational features of formation of joint-stock company of rail transport public, 100 percent of shares of which belong to the state (further - Society), managements and orders of its property and is aimed at providing economic safety and protection of interests of the state.

Section I General provisions

Article 1. Determination of terms

1. In this Law terms are used in such value:

1) property of rail transport public - property, including the infrastructure facilities belonging to Public administration of rail transport of Ukraine, the companies, organizations and the organizations of rail transport public, in particular buildings, constructions, objects of construction in progress, objects of the social sphere, vehicles, the equipment, equipment, stock, other material values and intangible assets, securities, corporate laws of the state, the right of permanent use of the parcels of land, and also other property rights including the rights to intellectual property items, means, including in foreign currency. Structural divisions of the companies, organizations and the organizations of rail transport public, concerning health care, rest, trade, public catering, physical culture and sport, professional training treat objects of the social sphere;

2) the companies of rail transport public - the railroads and the state companies relating to the sphere of management of the central executive body which provides forming and realizes state policy in the sphere of transport;

3) the organizations and the organizations of rail transport public of institution of health care, educational institutions relating to the sphere of management of the central executive body which provides forming and realizes state policy in the sphere of transport, and also the higher educational institutions I of level of accreditation performing training of specialists for rail transport.

Section II of Feature of education and functioning of society

Article 2. Features of formation of Society

1. Formation of Society is performed according to the decision of the Cabinet of Ministers of Ukraine according to the legislation taking into account the features determined by this Law.

2. Formation of Society does not require preliminary permission of the Antimonopoly Committee of Ukraine.

3. Society is formed as joint-stock company which 100 percent of shares are fixed in state-owned property, based on Public administration of rail transport of Ukraine, and also the companies, organizations and the organizations of rail transport public which are reorganized by merge (further - the companies of rail transport).

4. The charter of Society affirms the Cabinet of Ministers of Ukraine.

5. Founder of Society is the state on behalf of the Cabinet of Ministers of Ukraine.

6. Society is legal successor of all rights and obligations of Public administration of rail transport of Ukraine and the companies of rail transport.

7. Promulgation of the list of the companies of rail transport approved by the Cabinet of Ministers of Ukraine based on which Society is formed is the official report for creditors about the termination of such subjects of managing.

8. During formation of Society, forming of its authorized capital and the termination of Public administration of rail transport of Ukraine and the companies of rail transport, including during departure of right to claim, the translation of debt, carrying out reorganization, legislation provisions relatively are not applied:

need of receipt of consent of creditors concerning replacement of the debtor in the obligation (the translation of debt) if other is not provided by international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine;

the rights of creditors to require in connection with carrying out reorganization of ensuring accomplishment of obligations, their early termination or accomplishment and indemnification;

impossibility of completion of reorganization to satisfaction of the requirements declared by creditors;

carrying out audit inspection of the financial reporting of the companies of rail transport;

carrying out environmental audit of the companies of rail transport.

9. Along with decision making about formation of the Society Cabinet of Ministers of Ukraine creates the commission by training of Society which part representatives of the Cabinet of Ministers of Ukraine, the central executive body providing forming and realizing state policy in the sphere of transport, Public administration of rail transport of Ukraine, Fund of state-owned property of Ukraine, the central executive body concerning economic policy, labor unions operating in industry are.

The commission from the date of statement of its structure gives to four-months time to the central executive body which provides forming and realizes state policy in the sphere of transport, for approval the summary transfer act, the summary appraisal report of property of rail transport public, and also the draft of the charter of Society for provision to the Cabinet of Ministers of Ukraine in a month. The summary transfer act and the appraisal report are constituted based on the generalized these transfer acts and appraisal reports which are drawn up rather complete property complex of each company of rail transport.

The size of the authorized capital of Society is determined during its education according to the summary appraisal report of property of rail transport public.

Article 3. Restrictions in activities of Public administration of rail transport of Ukraine, the companies of rail transport which are reorganized

1. From the date of decision making of the Cabinet of Ministers of Ukraine about formation of Society before state registration of Society the Public administration of rail transport of Ukraine, the company of rail transport, economic societies, 100 percent of shares (share, shares) which belong to the state and are brought in the authorized capital of Society, have no right without the consent of the central executive body providing forming and realizing state policy in the sphere of transport:

make transactions which can lead to property acquisition which cost constitutes more than 5 percent of book value of assets of Public administration of rail transport of Ukraine and the companies of rail transport on the date of approval of the last balance statement;

reduce the number of workers;

perform issue of securities, allow loans;

lease real estate;

pledge property or free use;

acquire shares (shares, shares) in the authorized (share) capital of economic societies.

Article 4. Forming of the authorized capital of Society

1. Are brought in the authorized capital of Society:

property of rail transport public;

100 percent of shares of joint-stock companies, steel concrete designs and cross ties making repair of power railway vehicles and making which powers on management of corporate laws perform the central executive body providing forming and realizing state policy in the sphere of transport;

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