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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 31, 2012 No. 1003

About approval of the Procedure for compensation of the property damage (losses) caused to persons as a result of input of quarantine (quarantine restrictions) of animals or in connection with holding procedures and works on liquidation of especially dangerous (quarantine) diseases

(as amended on 06-11-2019)

According to articles 45 and 49 of the Law of Ukraine "About veterinary medicine" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for compensation of the property damage (losses) caused to persons as a result of input of quarantine (quarantine restrictions) of animals or in connection with holding procedures and works on liquidation of especially dangerous (quarantine) diseases which is applied.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of July 11, 2001 No. 798 "About approval of the Procedure for compensation of loss of property to persons who suffered as a result of introduction of the quarantine mode for animals or in connection with work, directed to liquidation and prevention of quarantine diseases of animals" (The Official Bulletin of Ukraine, 2001, No. 28, of the Art. 1255).

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 31, 2012, No. 1003

Procedure for compensation of the property damage (losses) caused to persons as a result of input of quarantine (quarantine restrictions) of animals or in connection with holding procedures and works on liquidation of especially dangerous (quarantine) diseases

1. This Procedure determines conditions of compensation of the property damage (losses) caused to physical persons and legal entities as a result of input of quarantine (quarantine restrictions) of animals or in connection with holding procedures and works on liquidation of especially dangerous (quarantine) diseases (further, - caused property damage (losses).

2. The cost of farm animals who were withdrawn for the purpose of destruction or face is subject to compensation.

Action of this Procedure does not extend to compensation to physical persons of cost of pigs which are withdrawn for the purpose of destruction or slaughter during liquidation of the African swine fever.

3. In case of origin in the separate territory of Ukraine of the emergency situation connected with especially dangerous (quarantine) diseases of farm animals and acceptances by the State extraordinary antiepizootic commission under the Cabinet of Ministers of Ukraine, the state extraordinary antiepizootic commissions under Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city, district public administrations and city councils (further - the commissions) decisions on input of quarantine of compensation of property damage (losses) in connection with withdrawal of farm animals it is performed at the expense of means of reserve fund of the relevant budget depending on the level of emergency situation.

Allocation and use of the specified means is performed according to the Procedure for use of means of budget reserve fund approved by the resolution of the Cabinet of Ministers of Ukraine of March 29, 2002 No. 415 (The Official Bulletin of Ukraine, 2002, No. 14, the Art. 734).

In case when the specified farm animals are insured, compensation of property damage (losses) is performed by insurers according to the signed agreements.

4. Forecast calculation of the means necessary for compensation of caused property damage (losses), is determined on the basis of such indicators:

The available livestock of farm animals in the territory in which the quarantine according to the decision of the commission, according to data of the relevant local public administration is entered;

the average weight of one beast or the bird sold to processing enterprises (by categories of farms) in the region (area), according to data of the relevant local public administration;

the price which on average developed on the cattle or bird, sold to processing enterprises (by categories of farms) in the respective region (area), according to data of the relevant local public administration.

5. The Ministry of Economics, structural division concerning agro-industrial development of the relevant local public administration (depending on the level of emergency situation) within a day after adoption by the commission of the decision on introduction of quarantine prepare forecast calculation of the means necessary for compensation of the done property harm (losses).

6. The Ministry of Economics, structural division concerning economic development of the relevant local public administration within one days after receipt of forecast calculation of the means necessary for compensation of the done property harm (losses), prepare in accordance with the established procedure the draft of the act of the Cabinet of Ministers of Ukraine, regional, district public administration about assignment from reserve fund of the relevant budget depending on the level of emergency situation for compensation of the done property harm (losses).

7. The size of caused property damage (losses) is approved by the commission based on the application or the petition which are submitted by physical person or legal entity, according to the loss assessment Technique from effects of emergency situations of technogenic and natural nature approved by the resolution of the Cabinet of Ministers of Ukraine of February 15, 2002 No. 175 (The Official Bulletin of Ukraine, 2002, No. 8, Art. 356; 2003, No. 23, Art. 1070).

Such information about the applicant is specified in the statement: surname, name and middle name, passport data (series and number, whom and when it is issued), registration number of accounting card of the taxpayer (except physical persons which because of the religious beliefs refused adoption of registration number of accounting card of the taxpayer and reported about it to relevant organ of the State Tax Service), the place of residence, the list and the size of property value (losses) which is subject to compensation, in the petition of the legal entity - the name, the location, bank details, form of business, the EGRPOU code, the list and property value (losses) which is subject to compensation.

The statement or the petition move the relevant commission for the place of input of the quarantine mode.

The commission within a day considers and specifies the size of caused property damage (losses) and constitutes the conclusion of compensation of the property damage (losses) caused to person as a result of input of quarantine (quarantine restrictions) or about refusal in such compensation.

The specified conclusion is drawn up in triplicate, first of which the second is sent to physical person or legal entity to which property damage (losses) is caused, - to territorial authority of Treasury, third is stored in the local state administration.

After execution of the specified conclusion entry in the book of accounting of the conclusions of compensation of the property damage (losses) caused to persons as a result of input of quarantine (quarantine restrictions) which form is determined by Ministry of Economics is made.

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