RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 13, 2012 No. 525

Some questions of acceptance by the Cabinet of Ministers of Ukraine decisions on privatization and approval of sales terms of objects of group G and fuel and energy complex

According to article 5 of the Law of Ukraine "About privatization of state-owned property" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for decision making about privatizations and approvals of sales terms of objects of group G and fuel and energy complex which is applied.

2. This resolution becomes effective from the date of the introduction in action of the paragraph of the seventy fourth subitem 5 of Item 1 of the Section I 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".

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 13, 2012, No. 525

Procedure for decision making about privatizations and approvals of sales terms of objects of group G and fuel and energy complex

1. This Procedure determines the decision making mechanism about privatizations and approvals of sales terms of objects of group G and fuel and energy complex (further - objects).

2. The decision on privatization of objects is made in the form of the order of the Cabinet of Ministers of Ukraine.

3. The draft of the order of the Cabinet of Ministers of Ukraine about privatization of object prepares Fund of state-owned property and is approved with authorized body of management which exercises control of the corresponding object, the Ministry of Economic Development, the Ministry of Finance, the Antimonopoly Committee and Ministry of Justice.

4. The fund of state-owned property in accordance with the established procedure submits to the Cabinet of Ministers of Ukraine the draft of the order of the Cabinet of Ministers of Ukraine, and also:

1) information on object which, in particular, includes:

results of impact assessment of privatization of object on the government budget and on condition of economic safety of the state;

the product characteristic (services) which is made by object;

data on availability of signs of domination on nation-wide commodity market (works, services);

offers concerning method of privatization of object;

data on project cost, in particular together with the parcels of land on which it is located, total area of the parcel of land and forecast project cost;

data on the cost of the block of shares which belongs to the state in the authorized capital of object (in case of privatization of joint-stock company);

financial and economic indicators of work of object for the last three years;

2) certified by authorized body which exercises control of object, the copy of the charter of object.

5. Approval of sales terms of object is performed by adoption of the order of the Cabinet of Ministers of Ukraine about approval of the plan of privatization or the plan of share placing, or sales terms at tender with use of openness of the offer of the price by the principle of auction.

6. The draft of the order of the Cabinet of Ministers of Ukraine about approval of the plan of privatization or the plan of share placing of object prepares Fund of state-owned property and is approved with authorized body of management which performed functions on management of object before decision making about its privatization, the Ministry of Economic Development, the Ministry of Finance, the Antimonopoly Committee and Ministry of Justice.

7. The fund of state-owned property in accordance with the established procedure submits to the Cabinet of Ministers of Ukraine the draft of the order of the Cabinet of Ministers of Ukraine about approval of the plan of privatization or the plan of share placing of object, and also the copy of such documents:

the appraisal report of property of object (the valuation report of object with the approved conclusion of its cost);

conclusions about carrying out environmental audit (in case of its carrying out);

technical data sheet of the parcel of land which is subject to sale of privatization by state body together with object (in case of need);

the business plan or the feasibility statement on postprivatization development of object developed by the buyer of single property complex or controlling stock (in the presence);

the conclusions concerning object sales terms prepared by authorized body of management which performed functions on management of object before decision making about its privatization, the Ministry of Economic Development and the Ministry of Finance;

the conclusion concerning sales terms of object which has domination signs on nation-wide commodity market (works, services), prepared by the Antimonopoly Committee.

8. In case when the plan of privatization approved by the Cabinet of Ministers of Ukraine or the plan of share placing of object provide carrying out tender with use of openness of the offer of the price by the principle of auction, the Fund of state-owned property prepares the draft of the order of the Cabinet of Ministers of Ukraine about approval of sales terms of object at such tender and approves it with authorized body of management which performed functions on management of object before decision making about its privatization, the Ministry of Economic Development, the Ministry of Finance, the Antimonopoly Committee and Ministry of Justice.

9. The fund of state-owned property in accordance with the established procedure submits to the Cabinet of Ministers of Ukraine the draft of the order of the Cabinet of Ministers of Ukraine about approval of sales terms of object at tender with use of openness of the offer of the price by the principle of auction, and also:

the tender conditions developed and approved by the contest committee;

copy of the minutes of the contest committee.

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