ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of June 27, 2013 No. 1284/5

About approval of the Procedure for control of activities of arbitration managers (managers of property, managing directors of sanitation, liquidators)

According to article 106 of the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" and Items 3, 9 Regulations on the Ministry of Justice of Ukraine, No. approved by the Presidential decree of Ukraine of April 6, 2011 395, ORDER:

1. Approve the Procedure for control of activities of arbitration managers (managers of property, managing directors of sanitation, liquidators) which is applied.

2. Declare invalid the order of the Ministry of Justice of Ukraine of January 15, 2013 No. 113/5 "About approval of the Procedure for control of activities of arbitration managers (managers of property, managing directors of sanitation, liquidators)", registered in the Ministry of Justice of Ukraine on January 21, 2013 for No. 140/22672.

3. To department of notariate, bankruptcy and functioning of the central zaveritelny body (Chizhmar K. I.) provide this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

4. This order becomes effective from the date of its official publication.

5. To impose control over the implementation of this order on the director of the department of notariate, bankruptcy and functioning of the central zaveritelny body Chizhmar K. I.

Approved by the Order of the Ministry of Justice of Ukraine of June 27, 2013, No. 1284/5

Procedure for control of activities of arbitration managers (managers of property, managing directors of sanitation, liquidators)

І. General provisions

1.1. This Procedure is developed according to the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" (further - the Law).

1.2. This Procedure extends to all physical persons who received in accordance with the established procedure the certificate on the right to implementation of activities of arbitration managers (managers of property, managing directors of sanitation, liquidators).

1.3. Control of activities of arbitration managers (managers of property, managing directors of sanitation, liquidators) (further - the arbitration manager) the head territorial administrations of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, in areas, the cities of Kiev and Sevastopol as territorial authorities concerning bankruptcy perform Ministry of Justice as state body concerning bankruptcy and according to its order.

The Ministry of Justice and its territorial authorities concerning bankruptcy are control facilities.

1.4. This Procedure establishes:

procedure of the organization and conducting checks of activities of arbitration managers;

powers of persons which perform checks;

rights and obligations of arbitration managers;

procedure for registration of results of check;

procedure for preparation by results of check of submission to the Disciplinary commission of arbitration managers (managers of property, managing directors of sanitation, liquidators) (further - the Disciplinary commission) about application to the arbitration manager of authority punishment.

ІІ. Organization of conducting checks

2.1. Control of activities of arbitration managers is exercised by carrying out scheduled and unscheduled inspections.

2.2. Control of activities of arbitration managers is exercised regarding observance of requirements of the Constitution of Ukraine by them, the Economic Procedure Code of Ukraine, the Law, other legislation concerning bankruptcy and the legislation on compensation.

2.3. Control of activities of arbitration managers consists of such stages:

conducting check, creation of the certificate of results of check of activities of the arbitration manager (further - the Reference);

provision by the arbitration manager of the commission of objections concerning the Reference and (or) elimination of the violations specified in the Reference;

creation of the inspection statement taking into account the Reference, objections and the violations eliminated with the arbitration manager.

2.4. The term of conducting check cannot exceed for:

planned - eight working days;

unplanned - three working days.

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