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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 31, 2012 No. 998

Some questions of implementation of total compensation for property, compulsorily aloof in the conditions of legal regime of warlike or emergency state

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 26.01.2022 No. 61)

According to part one of Article 7 and part four of article 11 of the Law of Ukraine "About transfer, compulsory acquisition or withdrawal of property in the conditions of legal regime of warlike or emergency state" the Cabinet of Ministers of Ukraine decides:

1. Approve:

Procedure for consideration of the applications and implementation of payments for the subsequent total compensation for property, compulsorily aloof in the conditions of legal regime of warlike or emergency state which is applied;

sample of the act of compulsory acquisition or withdrawal of property according to appendix.

2. Determine that the expenses connected with total compensation for property, compulsorily aloof in the conditions of legal regime of warlike or emergency state are performed within the corresponding budget settings provided to the Ministry of Defence or bodies which under the law make the decision on compulsory acquisition or withdrawal of property in the conditions of legal regime of warlike or emergency state.

3. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of October 1, 2005 No. 990 "About approval of the Procedure for cost recovery of compulsorily aloof property at the owner during mobilization in the conditions of warlike situation" (The Official Bulletin of Ukraine, 2005, No. 40, the Art. 2546);

Item of 6 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of August 26, 2009 No. 896 (The Official Bulletin of Ukraine, 2009, No. 65, the Art. 2267);

Item of 12 changes which are made to resolutions of the Cabinet of Ministers of Ukraine concerning state registration of the legal entity and the physical person - the entrepreneur, approved by the resolution of the Cabinet of Ministers of Ukraine of August 10, 2011 No. 849 (The Official Bulletin of Ukraine, 2011, No. 61, the Art. 2435).

 

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 31, 2012, No. 998

Procedure for consideration of the applications and implementation of payments for the subsequent total compensation for property, compulsorily aloof in the conditions of legal regime of warlike or emergency state

1. This Procedure determines the mechanism of acceptance, consideration of the applications and implementation of payments for the subsequent total compensation for property, compulsorily aloof in the conditions of legal regime of warlike or emergency state.

The property which is subject to compulsory acquisition is estimated according to the procedure, established by the legislation on assessment of property, property rights and professional estimative activity.

2. In case of its compulsory acquisition in the conditions of legal regime of warlike or emergency state persons specified in article 9 of the Law of Ukraine "About transfer, compulsory acquisition or withdrawal of property in the conditions of legal regime of warlike or emergency state" have the right to cost recovery of property.

3. The statement for payment of the subsequent total compensation for compulsorily aloof property (further - the statement) is adopted, considered and considered in the place of property acquisition:

in the conditions of legal regime of warlike situation - the territorial center of completing and social support;

in the conditions of legal regime of emergency state - executive body, Council of Ministers of the Autonomous Republic of Crimea, military command, local government body to which according to the presidential decree of Ukraine about introduction of legal regime of emergency state implementation of actions of emergency state is assigned and which made the decision on such alienation.

The act of property compulsory acquisition and the conclusion about the cost of such property are enclosed to the application.

4. The refusal in acceptance and consideration of the application is not allowed.

5. Such information about the applicant is specified in the statement:

full name (for legal entities) or surname, name and middle name (for physical persons);

the location (for legal entities) either the place of residence or stay (for physical persons);

identification code (for legal entities), registration number of accounting card of the taxpayer or series and passport number (for physical persons which because of the religious beliefs refused adoption of such number and reported about it to relevant organ of the State Tax Service and have mark in the passport);

bank account details.

6. The bodies specified in Item 3 of this Procedure consider the application within ten working days from the date of its representation.

In case of need for check of the facts stated in the application and clarification of additional circumstances the application is considered within one month.

7. By results of consideration of the application the bodies specified in Item 3 of this Procedure draw up conclusion about implementation of payments for the subsequent total compensation for property, compulsorily aloof in the conditions of legal regime of warlike or emergency state (further - conclusion).

In conclusion are specified:

date of its issue, the name of body, surname and initials of the official which issued it;

acceptance date and number of the act based on which property compulsory acquisition is performed;

the name of property which is compulsorily alienated;

the amount of compensation which is subject to payment;

the information about the applicant specified in Item 6 of this Procedure;

other data.

The authorized officer signs conclusion with indication of surname and initials and seals the signature.

Conclusion is drawn up in triplicate. The first copy is transferred to the applicant, the second - territorial authority of Treasury, third is stored in the place of its registration.

Conclusions are considered by body which issued them.

The body which made the decision on property compulsory acquisition based on the conclusion issued to them considers the corresponding need for means for budget request for the next budget period (after cancellation of legal regime of emergency state) or for five next budget periods (after cancellation of legal regime of warlike situation).

8. Payment of total compensation is performed by bodies which made the decision on property compulsory acquisition, according to the procedure of priority of registration of conclusions for the account and within the means provided in the government budget for payment of the subsequent total compensation for property, compulsorily aloof in the conditions of legal regime of warlike or emergency state.

9. The disputes connected with payment of the subsequent total compensation for property, compulsorily aloof in the conditions of the right mode of warlike or emergency state are solved judicially.

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