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Ministry of Justice of Ukraine

September 10, 2014

No. 1114/25891

ORDER OF THE MINISTRY OF HEALTH OF UKRAINE

of August 22, 2014 No. 598

About approval of the Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers concerning property of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent which belong to the sphere of management of the Ministry of Health of Ukraine and the central executive bodies which activities go and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Health

According to part three of article 49 of the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt", I order to Item 9 of the Regulations on the Ministry of Health of Ukraine approved by the Presidential decree of Ukraine of April 13, 2011 No. 467,:

1. Approve the Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers concerning property of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent which belong to the sphere of management of the Ministry of Health of Ukraine and the central executive bodies which activities go and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Health that is applied.

2. (A. Pivovarov) to provide to legal management state registration of this order in the Ministry of Justice of Ukraine in the procedure established by the legislation.

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

4. I reserve control over the implementation of this order.

Minister

A. Musy

 

It is approved:

The Acting Chairman of Public service of Ukraine concerning regulatory policy and development of entrepreneurship

 

O.Yu.Potimkov

 

Approved by the Order of the Ministry of Health of Ukraine of August 22, 2014, No. 598

Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers concerning property of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent which belong to the sphere of management of the Ministry of Health of Ukraine and the central executive bodies which activities go and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Health

1. This Procedure establishes the procedure of the organization of holding auctions in bankruptcy proceeding and requirements to their organizers concerning property of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent (further - debtors) which belong to the sphere of management of the Ministry of Health of Ukraine and the central executive bodies which activities go and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Health (further - the Ministry of Health of Ukraine or the relevant Service).

2. The powers of the Ministry of Health of Ukraine or the relevant Service determined by this Procedure perform structural divisions of the Ministry of Health of Ukraine or corresponding the Services responsible for ensuring accomplishment of powers of governing body by them of objects of state-owned property.

3. Customer of auction is the managing director of sanitation or the liquidator appointed on the case of the bankruptcy of the debtor economic court according to the procedure established by the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" (further - the Law).

4. The organizer of auction is determined by the customer in coordination with the Ministry of Health of Ukraine or the relevant service depending on that to which sphere of management of body the debtor belongs.

In the liquidating procedure the liquidator has the right to independently hold the auction at auction according to part two of article 44 of the Law or to attract based on the agreement on holding the auction of the organizer of auction.

5. The organizer of auction shall meet the following requirements:

be the legal entity registered in the procedure established by the law that has the right to perform sale of property by holding the auction;

have experience in holding auctions at least three years;

have technical capabilities for ensuring sale of property of the debtor by holding the auction (taking into account type and features of the property which is subject to sale);

the amount of remuneration offered them is the smallest.

The interested person concerning the debtor, creditors and the customer of auction cannot be the organizer of auction.

6. For the purpose of identification of candidates for organizers of auction the customer not later than three months before date of auction sends to the Ministry of Health of Ukraine or the relevant Service for placement on their official sites and posts the announcement which shall contain the following data on the official site of the debtor:

requirements to the candidate for the organizer of auction according to Item 5 of this Procedure;

acceptance deadline from candidates for organizers of auction of the statements and documents confirming their compliance to the established requirements;

information on the debtor whose sale of property will be performed at auction;

the characteristic of property of the debtor which sale will be performed at auction that indicates the need of availability at the organizer of this auction of technical capabilities for its carrying out;

the text of the draft agreement about holding the auction with indication of the main essential terms of the contract (except condition about the amount of remuneration and information on the organizer of auction);

the postal address to which the application and documents confirming compliance of candidates for organizers of auction to the established requirements are filed;

contact telephone numbers for reference.

Placement on the official site of the Ministry of Health of Ukraine or the relevant Service of the announcement for identification of candidates for organizers of auction is performed within five days from the date of its receipt.

7. For determination by the organizer of auction of the candidate give to the customer of auction in time and to the postal address, specified in the announcement posted on official websites of the Ministry of Health of Ukraine or the relevant services and the debtor, the following documents:

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