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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 10, 2013 No. 375

About approval of the Procedure for approval of reshaping, conservation or the termination of activities of the coal-mining companies during effective period of terms of the contract of purchase - sale of such companies

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 22.07.2020 No. 718)

According to part two of article 15 of the Law of Ukraine "About features of privatization of the coal-mining companies" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for approval of reshaping, conservation or termination of activities of the coal-mining companies during effective period of terms of the contract of purchase sale of such companies which is applied.

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 10, 2013, No. 375

Procedure for approval of reshaping, conservation or termination of activities of the coal-mining companies during effective period of terms of the contract of purchase sale of such companies

1. This Procedure determines the mechanism of approval of reshaping, conservation, termination of activities of the coal-mining companies, including mines, mine offices, cuts which are privatized as single property complexes according to the Law of Ukraine "About features of privatization of the coal-mining companies", and also the coal-mining companies which are privatized by sale of shares which belonged to the state in the authorized capital of the joint-stock companies formed in the course of privatization or corporatisation of the state coal-mining companies according to the specified Law (further - the coal-mining company), during effective period of terms of the contract of purchase sale of the coal-mining company (purchase sale dalshedogovor).

2. The owner of the coal-mining company in case of need for change of technology of production process for release of new products or in case of inexpediency of mining sends to the Ministry of Energy and state body of privatization which signed the agreement of purchase sale (further - state body of privatization), the statement for reshaping, conservation or the termination of activities of the coal-mining company (further - the statement). Together with the statement reasons for feasibility of such reshaping, conservation or the termination of activities move.

3. The state body of privatization after receipt of the statement sends to 20-day time to the owner of the coal-mining company the reasonable answer concerning possibility of reshaping, conservation or the termination of activities of the privatized coal-mining company.

4. In case when it is possible to perform actions for reshaping, conservation or the termination of activities with observance of all conditions provided by the agreement of pokupkiprodazha, the state body of privatization in writing informs the owner of the coal-mining company and the Ministry of Energy on provision of consent to reshaping, conservation or the termination of activities.

If actions for reshaping, conservation or the termination of activities cannot be performed with simultaneous observance of the conditions provided by the agreement of purchase sale, the state body of privatization in writing informs the owner of the coal-mining company and the Ministry of Energy that consent to reshaping, conservation or the termination of activities can be provided only on condition of introduction of amendments to the agreement of purchase sale with reflection in it the specified owner liabilities.

5. The owner of the coal-mining company submits for consideration of the Ministry of Energy the project of reshaping, conservation or liquidation of the coal-mining company (further - the project) which shall meet the requirements of articles 16 and 45 of the Mountain law of Ukraine. Development and project implementation is performed for means of the owner of the coal-mining company.

6. The Ministry of Energy in accordance with the established procedure considers in a month the project and makes the decision concerning its approval what in three-day time in writing informs the owner of the coal-mining company and state body of privatization on.

7. In case of approval of the project the owner of the coal-mining company addresses to state body of privatization with the petition for introduction of amendments to the agreement of purchase sale which is considered by such body according to the procedure, approved by Fund of state-owned property.

8. In case of decision making about introduction of amendments to the agreement of pokupkiprodazha the state body of privatization in writing informs the Ministry of Energy on provision of consent to reshaping, conservation or the termination of activities of the coal-mining company.

The agreement on introduction of amendments to the agreement of purchase sale is signed on condition of obtaining by the owner of the coal-mining company of written consent of the Ministry of Energy to reshaping, conservation or the termination of activities of such company.

 

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