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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 11, 2012 No. 296

About approval of the Procedure for the conclusion by the state companies, organizations, organizations, and also economic societies in which authorized capital the share of the state exceeds 50 percent, cooperation agreements, commission agreements, the order and property management

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 18.08.2021 No. 875)

According to the subitem "l" of Item "About management of objects of state-owned property" the Cabinet of Ministers of Ukraine decides 18 parts two of article 5 of the Law of Ukraine:

1. Approve the Procedure for the conclusion by the state companies, organizations, the organizations, and also economic societies in which authorized capital the share of the state exceeds 50 percent, cooperation agreements, commission agreements, the order and property management which is applied.

2. Declare invalid the order of the Cabinet of Ministers of Ukraine of May 7, 2008 No. 703 "Questions of the conclusion of some agreements" (The Official Bulletin of Ukraine, 2008, No. 35, the Art. 1183).

3. To the central executive bodies, National and to industry academies of Sciences, other subjects of management of objects of state-owned property which according to the approved this resolution Rather perform actions concerning the conclusion the state companies, organizations, the organizations, and also economic societies in which authorized capital the share of the state exceeds 50 percent, cooperation agreements, commission agreements, the order and property management to submit quarterly to the Ministry of Economics in the form approved by it information on accomplishment of such agreements for its generalization and representation to the Cabinet of Ministers of Ukraine of the corresponding conclusions and offers.

4. To the Ministry of economic development and trade to prepare and to submit in accordance with the established procedure to the Cabinet of Ministers of Ukraine the bill concerning enhancement of the procedure of the conclusion by subjects of managing of public sector of economy of cooperation agreements, commission agreements, orders and property administrations.

 

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 11, 2012, No. 296

Procedure for the conclusion the state companies, organizations, the organizations, and also economic societies in which authorized capital the share of the state exceeds 50 percent, cooperation agreements, commission agreements, the order and property management

1. This Procedure determines the conclusion mechanism the state companies, organizations, the organizations, and also economic societies in which authorized capital the share of the state exceeds 50 percent (further - the subject of managing), of cooperation agreements, commission agreements, orders and property administrations (further - the agreement).

2. The subject of managing which revealed intention to sign the agreement gives to the central executive body to which management sphere it belongs, to other subject of management of objects of state-owned property, in particular to National or industry academy of Sciences (further - governing body), the address concerning coordination of the conclusion of the agreement together with such documents:

1) the draft agreement which is previously approved by the parties;

2) the certified copies of charters (provisions) of the subject of managing and the party (parties) with which, (which) provide to sign the agreement;

3) information on the subject of managing, in particular about:

production capacities, amount and main product range, including export;

quantity of workplaces;

profitability level for the last three years, the size of receivables and payables, including overdue;

state registration of the property rights or use of houses (constructions) and parcels of land which are provided to be used under the agreement;

stay of property which is provided to be used under the agreement, in pledge, tax pledge, lease, leasing.

The subject of managing submits also the business plan with determination of stages, terms, ways and means of agreement performance, sources of its financing, influence of results of the conclusion of the contract for the financial plan of the subject of managing;

4) information on the party (parties) with which, (which) provide to sign the agreement, namely:

full name of the party;

data on its state registration;

the data confirming capability of the party to provide proper accomplishment of the contractual commitments, in particular financial and professional solvency;

5) the valuation report of property which is provided to be used under the agreement, with the conclusion about its cost determined based on independent expert evaluation using the measurement base answering to market value.

The specified report moves together with the review which contains positive conclusion concerning its compliance to requirements of normative legal acts according to property or in the presence of small minuses which did not affect reliability of assessment, about compliance in general to such regulatory legal acts;

6) reasons for method of use of state-owned property with the corresponding calculations.

3. The governing body prepares within a month from the date of receipt from the subject of managing of the address concerning coordination of the conclusion of the agreement in coordination with Ministry of Economics, the Ministry of Finance, Fund of state-owned property and Ministry of Justice the corresponding draft decision of the Cabinet of Ministers of Ukraine.

The specified project shall contain, in particular, essential terms of the contract which conclusion is offered to be approved, concerning ensuring increase in efficiency of use of state-owned property, protection of valuable interests of the state, exception of possibility of alienation of state-owned property, and also depending on agreement type - the size of shares of participants, the duration of the agreement, procedure for profit distribution, covering of expenses and introduction of additional deposits.

Such documents are attached to the draft decision of the Cabinet of Ministers of Ukraine concerning coordination of the conclusion of the agreement by governing body:

the appeal of the subject of managing to governing body concerning coordination of the conclusion of the agreement together with documents which are provided by subitems 2-6 of Item 2 of this Procedure, and also the draft agreement approved by governing body;

conclusion of governing body concerning lack of the prohibitions established by the legislation and restrictions for use of property of the subject of managing if such use is provided by the agreement;

conclusion of governing body about compliance to industry concepts and development programs of proposals of the subject of managing who plans to sign the agreement.

4. The governing body submits in accordance with the established procedure for consideration of the Cabinet of Ministers of Ukraine the agreed project of the decision concerning coordination of the conclusion of the agreement together with the documents specified in paragraphs four - pole of Item 3 of this Procedure.

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