RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 15, 2013 No. 339

About implementation of article 85 of the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt"

According to parts four, the fifth and seventh article 85 of the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

Procedure for satisfaction of requirements of creditors of especially dangerous subject of business activity - the debtor concerning expense recovery for implementation of actions for prevention of causing possible damage of life and to health of citizens, property, constructions, the surrounding environment;

the list of especially dangerous subjects entrepreneurial deyatelnostidolzhnik whose termination of activities needs implementation of special measures on prevention of causing possible damage of life and health of citizens, property, constructions, the surrounding environment.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 15, 2013, No. 339

Procedure for satisfaction of requirements of creditors of especially dangerous subject of business activity - the debtor concerning expense recovery for implementation of actions for prevention of causing possible damage of life and to health of citizens, property, constructions, the surrounding environment

1. The right to satisfaction of requirements concerning expense recovery for implementation of actions for prevention of causing possible damage of life and to health of citizens, property, constructions, the surrounding environment (further - actions) creditors of especially dangerous subject of business activity – the debtor (further - the debtor), namely relevant organ of local self-government, the central executive body to which competence the field of activity of the debtor belongs, and in case of need have Ministry for Protection of the Environment and Natural Resources, GSChS, Gosatomregulirovaniya, Gosgeonedr, their territorial authorities (in case of their education) (is farther authorized bodies) determined by participants of proceeedings about bankruptcy.

2. Expenses on implementation of actions are subject to compensation on:

to use of land industrial platforms, their reshaping, and also recultivation of the lands broken as a result of activities of the debtor;

to use of underground space for placement of economic objects, in particular burials of toxic industrial wastes;

to ensuring ecologically safe operation of sludge collectors, tailings dams, ponds - stores of mine waters, to their obessolivaniye, cleaning, use of waste;

to ensuring nuclear and radiation safety of nuclear installations, the objects intended for the treatment of radioactive waste, installations with sources of ionizing radiation, uranium objects, radiation protection of personnel, the population and the surrounding environment;

to ensuring safe handling of radioactive waste, including their collection, conversion and/or burial;

to ensuring safe handling of the waste polluted by the technogenic strengthened sources of natural origin;

to accomplishment of technical solutions about non-admission or minimization of increase in level of ground waters;

to adjustment of master plans of settlements and other town-planning documentation, modification of road and transport and engineering networks;

to developing of schemes of engineering protection of the territories and corresponding projects of evaluating influence on the surrounding environment and health of the population, their implementation;

to recovery of technical documentation, carrying out repair of apartment houses and domestic objects for the purpose of further transfer of such houses and objects to municipal property.

Expenses on implementation of other actions are refunded in case of reasons availability concerning their need.

3. The authorized body submits the application with requirements to the debtor and documents which confirm them, according to the procedure, terms and with observance of the requirements concerning their registration determined by parts of pervoytrety Article 23 and the paragraph the ninth parts one of article 38 of the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" (further - the Law).

Except the documents provided by part three of article 23 of the Law are also enclosed to the application:

materials about results of inspection of the debtor and complex technical reasons for actions which the subject of business activity having the appropriate right according to the legislation shall perform;

the actions plan approved by authorized body;

calculations and estimates of actual expenses on implementation of actions.

4. Requirements concerning expense recovery for implementation of actions are met according to the procedure of priority, stipulated in Clause 45 and part seven of article 85 of the Law.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 15, 2013, No. 339

The list of especially dangerous subjects of business activity of debtors which termination of activities needs implementation of special events for prevention of causing possible damage of life and to health of citizens, property, constructions, the surrounding environment

Coal industry

Shakhty on underground coal production, including those which are under construction

Cuts on open-pit mining of coal

Concentrating factories

Mining industry

Shakhty on underground mining

Pits on open-cast mining of minerals

Pits on production of construction materials

Mining and processing integrated works, including those which are under construction

Companies for ensuring protection of hydrogeology

The companies for acceptance, accumulation and dumping of highly mineralized mine water with high concentration of salts

The companies which perform production and conversion of uranium ores, including those which stopped such activities

Chemical industry

The companies for production of explosives and products on their basis (warehouses of explosives, production wastes of explosives, products and semi-products of explosives)

Companies for production of inorganic products of chemical technologies:

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