LAW OF UKRAINE

of May 24, 2012 No. 4851-VI

About features of implementation of purchases in certain spheres of economic activity

This Law establishes the legal and economic principles of implementation of purchases in the certain spheres of economic activity determined by this Law.

Section I. General provisions

Article 1. Determination of terms

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

1) customers - the legal entities and/or subjects of managing performing activities in any of the spheres determined by article 2 of this Law also correspond at least to one of the following signs:

public authorities, authorities of the Autonomous Republic of Crimea, local government bodies possess share in the authorized capital of the company in the amount of more than 50 percent or such bodies have by a majority vote in the supreme body of the subject of managing or the right to appoint more than a half of structure of executive body or the supervisory board of the company;

availability of special or exclusive rights;

2) special or exclusive rights - the rights granted within powers by public authority or local government body based on any regulatory legal act and/or the act of individual action which limit implementation of activities in the spheres determined by this Law, one or several persons that significantly influences capability of other persons to perform activities in the specified spheres. The rights granted in particular by results of tenders (tenders) during which carrying out promulgation of information on their carrying out was supposed and if provision of these rights was performed on the basis of objective criteria, are not considered special or exclusive;

3) the affiliated companies - divisions of the customer, property and which transactions are specified in the consolidated balance of the customer, or subjects of managing concerning which the customer exercises control or which together with the customer are under control of other subject of managing.

2. Other terms are used in the value given in the Law of Ukraine "About implementation of public procurements".

Article 2. Scope of this Law

1. Operation of this Law extends to subjects who are customers according to article 1 of this Law and perform activities in such spheres:

ensuring production, transportation and delivery of heat energy;

ensuring production, transfer, distribution, purchase and sale, delivery of electrical energy and centralized dispatching (operational and technology) management of the integrated power system of Ukraine;

ensuring production, transportation and supply of drinking water;

ensuring functioning of centralized drainage system;

provision of services on use of infrastructure of rail transport public;

ensuring functioning of urban electric transportation and operation of its objects for provision of services for transportation;

provision of services of bus stations, ports, airports;

provision of services on aeronautical servicing of flights of aircrafts;

provision of services of mail service;

geological studying (including trial development of fields) oil-and-gas subsoil, coalfields and other types of solid fuel;

ensuring functioning and operation of telecommunication networks of fixed telephony public or provision of public telecommunication services;

ensuring transportation, storage, oil refining and oil products crude;

ensuring functioning of the market of electrical energy, the market "for the days ahead", the balancing market, the market of support services, and also provision of services of the system operator, administrator of calculations, the administrator of commercial accounting, the operator of the market, the guaranteed buyer according to provisions of the Law of Ukraine "About bases of functioning of the market of electrical energy of Ukraine";

provision of support services in the market of support services and services in equalization of conditions for the competition according to provisions of the Law of Ukraine "About bases of functioning of the market of electrical energy of Ukraine";

ensuring production, transportation and supply of gas.

It is not considered activities in the spheres determined in paragraphs the second, third and fourth this Item, such activities:

production and delivery of heat energy to networks if such production is consequence of other productive activity of the customer, except the activities performed in the spheres determined in this Article, at the same time deliveries of heat energy is performed only for the purpose of economical operation of production capacities of the customer, and the income from these activities does not exceed 20 percent of the annual average income of the customer for the previous three years, including the income for the current year from all income types which are determined by accounting rules;

production, transfer and delivery of electrical energy to power networks if such production, transfer and delivery are necessary for consumption by the customer for implementation of other productive activity, except the activities performed in the spheres determined in this Article, and supply rate of electrical energy the customer to networks public depends on the level of its own consumption provided that own consumption at least 70 percent of the total amount of the electric power made by the customer calculated by annual average indicators of production for the previous three years including indicators for the current year;

production, transportation and supply of drinking water to networks public if such production, transportation and delivery are necessary for consumption by the customer for implementation of other productive activity, except the activities performed in the spheres determined in this Article, and the supply rate of drinking water the customer for general use depends on the level of its own consumption provided that own consumption at least 70 percent of the total amount of the drinking water made by the customer calculated by annual average indicators of production for the previous three years including indicator for the current year.

2. Customers conduct procurement according to the Law of Ukraine "About implementation of public procurements" taking into account the features determined by this Law.

Customers conduct procurement through budgetary funds, means of legal entities which perform activities in spheres, certain this Law (further - own means).

3. Operation of this Law extends to purchases by customers of goods, works and services which:

are fully or partially performed at the expense of budgetary funds provided that the cost of purchase of goods (goods), service (services) is equal or exceeds 200 thousand hryvnias, and works - it is equal or exceeds 1 million 500 thousand hryvnias;

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