RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 7, 2015 No. 817

About approval of the Procedure for determination of the subject of management of objects which are returned in property of the state, and other property which subject of management is not determined

According to articles 5 and 6 of the Law of Ukraine "About management of objects of state-owned property" and for the purpose of ensuring single approach in case of determination of subjects which will perform functions on management concerning objects which are returned in property of the state the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for determination of the subject of management of objects which are returned in property of the state, and other property which subject of management is not determined that is applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 7, 2015 , No. 817

Procedure for determination of the subject of management of objects which are returned in property of the state, and other property which subject of management is not determined

1. This Procedure establishes the mechanism of determination of the subject of management of objects of state-owned property to which powers on property management are delegated, returned in property of the state, and other state-owned property which subject of management is not determined, in particular:  

the paragraph two is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 06.10.2023 No. 1062

objects of state-owned property which subjects of management are liquidated, reorganized without determination of legal successors or are absent;

property which accessory is not confirmed it (is not recognized) as governing body;

other property which is turned into property of the state and/or requires determination of the subject of management of objects of state-owned property (except subjects to privatization in case of termination or recognition invalid purchase and sale agreements of such objects, property of the political party forbidden by court, its regional, city, district organizations, primary departments and other structural educations which return are (carried over) by the states by a court decision, and also property of all-union public associations (organizations) of the former USSR which is located in the territory of Ukraine and is returned in property of the state by a court decision, taken legal effect).

1-1. In case when the property is returned by a court decision, taken legal effect, property of the state on behalf of the subject of management of objects of state-owned property, the appropriate subject performs functions on management of such property without decision of the Cabinet of Ministers of Ukraine on determination by his subject of management. In a month from the date of the introduction in legal force the judgment the subject of management informs the Cabinet of Ministers of Ukraine on the performed measures for realization of functions for management of such property, in particular rather state registration of the corporeal rights to such property in the State register of the corporeal rights to real estate, determinations of the asset holder, ensuring carrying out inventory count of property.

If by a court decision, taken legal effect, in property of the state the property of healthcare institutions and rehabilitation organizations from among all-union public associations (organizations) of the former USSR which is located in the territory of Ukraine is returned on behalf of the subject of management of objects of state-owned property, the appropriate subject addresses to the Ministry of Defence, the Ministry of Internal Affairs and Administration of State frontier service for the purpose of receipt of offers on further use of such property for treatment, rehabilitation and improvement of persons who were wounded contusion, mutilation, other disease during participation in anti-terrorist operation, repulse and control of the armed aggression of the Russian Federation, and also other combatants and persons with disability owing to war. The initiator of such transfer gives to the subject of management of the offer on transfer of such property to its sphere of management in a month.

The subject of management from the date of receipt of offers from the initiator provides in a month cession of property, specified in the paragraph the second this Item, to the initiator according to the procedure determined by the resolution of the Cabinet of Ministers of Ukraine of September 21, 1998 No. 1482 "About transfer of objects of the right of the state-owned and municipal property" (The Official Bulletin of Ukraine, 1998, No. 38, the Art. 1405), and informs the Cabinet of Ministers of Ukraine concerning implementation of such transfer.

If the property is returned by a court decision, taken legal effect, in property of the state on behalf of the Cabinet of Ministers of Ukraine or in such judgment the subject of management of objects of state-owned property on behalf of which the property is returned is not specified, at the request of the Ministry of Economics Cabinet of Ministers of Ukraine prepares in a month and submits the draft decision of the Cabinet of Ministers of Ukraine concerning determination of the subject of management of such property.

2. The subjects of management of objects of state-owned property determined by article 4 of the Law of Ukraine "About management of objects of state-owned property" can be the initiator of determination of the subject of management of objects of state-owned property.

3. The initiator submits to Ministry of Economics the proposal on determination by his subject of management to which are applied:

general characteristic of property which subject of management is not determined (the location, purpose, book value of assets, total area of real estate objects);

offers concerning ways of further use of property;

information on the predicted receipt amount of means from privatization of property (if the authorized body determines Fund of state-owned property for the purpose of further privatization);

the copy of the relevant decision of the court which took legal effect in case of return of property to property of the state by a court decision.

If the property is returned by a court decision, taken legal effect, in property of the state on behalf of the Cabinet of Ministers of Ukraine or in such judgment the subject of management of objects of state-owned property on behalf of which the property is returned is not specified, the initiator files Ministry of Economics the documents determined in this Item in a month.

4. The Ministries of Economics in a month from the date of submission of documents determined by Item 3 presents of the Procedure addresses subjects of management of objects of state-owned property for the purpose of receipt of offers on ways of further use of such property for accomplishment of the tasks assigned to appropriate subject.

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