LAW OF UKRAINE

of April 12, 2012 No. 4650-VI

About features of privatization of the coal-mining companies

This Law determines features of legal, economic and organizational regulation of privatization of state-owned property of the coal-mining companies and feature of their activities during the postprivatization period.

Article 1. Determination of terms

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

1) the coal-mining company - the mountain company which main type of economic activity is underground or open-pit mining of coal which part mines, mine offices, cuts and other separate divisions performing support functions can be;

2) privatization completion - document creation which confirm the property right of the buyer for single property complex or all shares which the state owns in the authorized capital of the joint-stock companies formed in the course of privatization or corporatisation of the state coal-mining companies except those which are on sale to employees of the company according to conditions of preferential sale;

3) investment tender - the method of sale of subject to privatization by which the winner determines the applicant who offered the maximum size of the specified cost volume of investment into subject to privatization expressed in cash equivalent according to the business plan of the investment project and the feasibility statement on postprivatization development of object and paid for it one hryvnia in the Government budget of Ukraine;

4) section - the coal-mining company or separate division of the coal-mining company for coal production by open method;

5) the mine (mine office) - the coal-mining company or separate division of the coal-mining company for coal production by underground method.

Article 2. Special conditions of privatization of the coal-mining companies

1. Special conditions of privatization of the coal-mining companies are:

sale of all shares which the state owns (without preserving in state-owned property of blocks of shares) in the authorized capital of the joint-stock companies formed in the course of privatization or corporatisation of the state coal-mining companies;

establishment for up to three years from the moment of completion of privatization of the moratorium on application of the procedure of forced realization of property of subjects to privatization by stop of enforcement proceeding and the moratorium on initiation of proceedings about bankruptcy of the coal-mining companies which extend only to debts which were formed at the time of privatization completion. The moratorium is not applied concerning decisions on salary payment, dismissal wage, other payments (compensations) which belong to the worker in connection with employment relationships, compensation of the material (property) damage caused by mutilation, other damage of health or death, collection of the alimony and decisions on debt collection on payment of fees in funds of obligatory national social insurance and debt on payment of single fee on obligatory national social insurance in bodies of the Pension fund of Ukraine and also concerning decisions on debt collection for electrical energy and services in its transfer and distribution;

renewal on the buyer (investor) of subject to privatization of the operating special permissions to mining without holding the auction.

Article 3. Law coverage

1. Privatization of the coal-mining companies is performed according to the legislation concerning privatization taking into account the features determined by this Law.

Article 4. Subjects to privatization

1. Belong to subjects to privatization:

coal-mining companies as single property complexes;

mines (mine office) as single property complexes;

cuts as single property complexes;

shares which are owned by the state in the authorized capital of the joint-stock companies formed in the course of privatization or corporatisation of the state coal-mining companies.

Article 5. Subjects of privatization

1. Subjects of privatization are:

state bodies of privatization;

buyers (investors) and their representatives;

intermediaries;

the central executive body which provides forming and realization of state policy in ugolnopromyshlenny complex (further - body, authorized to manage state-owned property).

Article 6. Actions for preprivatization preparation

1. The body, authorized to manage state-owned property, performs actions for preprivatization preparation of the coal-mining companies and carries out reorganization of the companies for the purpose of increase in their investment appeal. Preprivatization preparation is performed at the expense of means of the coal-mining companies which are privatized according to this Law.

Preprivatization preparation of the coal-mining companies includes:

carrying out inventory count;

ordering of technical and construction documentation concerning subject to privatization;

allocation of the parcel of land assigned to subject to privatization in nature (on the area), execution of land management documentation;

determination of actions of social protection of workers.

Preprivatization preparation of the coal-mining companies can include allocation from structure of the companies of structural divisions which do not break technology unity of production and production cycles, and implementation of other actions.

2. The body, authorized to manage state-owned property, creates the list of subjects to privatization for approval of the list of objects of state-owned property by the Cabinet of Ministers of Ukraine, privatizeable. The decision on privatization of the coal-mining companies which complete property complexes about day of the introduction in operation of this Law were transferred to concession or lease can be accepted only in the consent of concessionaries or lessees of complete property complexes of such coal-mining companies.

3. Management of the coal-mining companies concerning which the decision on privatization is made or blocks of shares of joint-stock companies which are formed based on the coal-mining companies is performed by body, authorized to manage state-owned property, until privatization completion.

In case of formation of joint-stock company in the course of privatization of function on management of corporate laws of the state are transferred from state bodies of privatization to body, authorized to manage state-owned property, in accordance with the established procedure until privatization completion.

Article 7. Privatization methods

1. Privatization of the objects specified in article 4 of this Law is performed by such methods:

sale at auction;

sale on investment tender;

by other methods, stipulated by the legislation concerning privatization, including by the redemption lessees or concessionaries of complete property complexes of the coal-mining companies which were transferred to concession or lease about day of the introduction in operation of this Law.

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