RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of January 27, 2016 No. 70

About procedure for preparation, realization, carrying out monitoring and completion of projects implementation of economic and social development of Ukraine, supported by international financial institutions

For the purpose of the enhancement of the procedure of preparation, realization, carrying out monitoring and completion of projects implementation of economic and social development of Ukraine supported by international financial institutions the Cabinet of Ministers of Ukraine decides increases in efficiency of use of the raised funds:

1. Approve the Procedure for preparation, realization, carrying out monitoring and completion of projects implementation of economic and social development of Ukraine, supported by international financial institutions which is applied.

2. Determine that the proposals on initiation of the investment projects submitted before entry into force of this resolution to the Ministry of Economic Development and Trade according to Procedure for initiation, preparation and projects implementation of economic and social development of Ukraine, supported by international financial institutions, the approved resolution of the Cabinet of Ministers of Ukraine of November 26, 2008 г.№1027 (The Official Bulletin of Ukraine, 2008, No. 91, Art. 3025), are considered according to the Procedure approved by this resolution.

Preparation, realization, carrying out monitoring and the completion of projects implementation of economic and social development of Ukraine supported by Credit institute for the recovery which is acting on the basis of the powers from the Government of the Federal Republic of Germany are performed according to the Procedure approved by this resolution taking into account provisions of international treaties between the Cabinet of Ministers of Ukraine and the Government of the Federal Republic of Germany on financial cooperation.

Realization, carrying out monitoring and project completion, financed within the Danida Business Finance program in Ukraine, are performed according to the Procedure approved by this resolution taking into account provisions of the Framework agreement between the Government of Ukraine and the Government of the Kingdom of Denmark of rather general terms and procedures, organizational actions and financial sales terms of the Danida Business Finance program in Ukraine.

Determine that in the period of warlike situation, and also within three months from the date of its termination or cancellation by preparation and projects implementation on liquidity support and stability of work of subjects of managing of public sector of economy of the requirement of the Procedure approved by this resolution are not applied. For project initiation on liquidity support and stability of work of subjects of managing of public sector of economy the Ministry of Finance makes to international financial institution inquiry about its financing based on request of the central executive body which provides forming and realizes state policy in the respective sphere in which project implementation, approved with the Ministry of Foreign Affairs is planned.

3. To the Ministry of economic development and trade transfer to the Ministry of Finance in a month:

the offers on initiation of the investment projects provided to the Ministry of Economic Development and Trade according to Procedure for initiation, preparation and projects implementation of economic and social development of Ukraine, supported by international financial institutions, the approved resolution of the Cabinet of Ministers of Ukraine of November 26, 2008 No. 1027, the decision on feasibility of whose training it is not accepted;

information from the unified register of the projects of economic and social development of Ukraine realized in Ukraine with use of resources of international financial institutions and the international technical assistance on the projects of economic and social development of Ukraine supported by international financial institutions.

4. To the Ministry of Finance to approve in two-month time procedure for evaluating financial condition of the potential beneficiary and determination of type of providing for servicing and repayment of the loan granted at the expense of means of the financial organizations and procedure for maintaining the register of the projects of economic and social development of Ukraine supported by international financial institutions.

5. 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 January 27, 2016, No. 70

Procedure for preparation, realization, carrying out monitoring and completion of projects implementation of economic and social development of Ukraine, supported by international financial institutions

General questions

1. This Procedure regulates questions of preparation, realization, carrying out monitoring and completion of projects implementation of economic and social development of Ukraine, supported at the expense of financial resources of international financial institutions, except the International Monetary Fund (further - IFI) which are attracted as loan or the credit by the state or under the state guarantees (further - loan).

2. In this Procedure terms are used in such value:

the beneficiary - the legal entity who obtains the credit within the investment project and provides its realization or together with other beneficiaries provides realization of its separate parts according to the contract of Ukraine with IFI, the contract between IFI and the beneficiary, the agreement signed with the Ministry of Finance;

the executive in charge - executive body, other budgetary institution, JSC National Export-import Bank of Ukraine or other national bank, economic society in which authorized capital 100% of shares belong to the state and control of corporate laws concerning which exercises the Cabinet of Ministers of Ukraine, the state company, economic society in which authorized capital 50 and more percent of shares (shares) belong to the state, the joint-stock company performing oil extraction and/or transportation of natural gas, gas condensate, oil and other minerals determined by the Ministry of Finance for preparation independently or together with the beneficiary of the investment project, implementation of supervision and control of implementation by the beneficiary of such project or direct project implementation within which the loan is obtained;

the contract of Ukraine with IFI - the international treaty of Ukraine with IFI about loan or the loan attracted by the state or about provision of the state guarantees, or about expense recovery;

the contract between IFI and the beneficiary - the contract between IFI and the beneficiary signed according to the contract of Ukraine with IFI on project implementation (the project agreement) or about provision of loan for implementation of the investment project;

the agreement signed with the Ministry of Finance, - the agreement signed between the Ministry of Finance and the beneficiary and/or the executive in charge, and/or other persons on provision of loan or about irretrievable transfer of loan to beneficiaries, or about expense recovery of the government budget in case of approach of warranty case if other is not provided by the contract of Ukraine with IFI, the agreement signed between the Ministry of Finance and city council on responsibility of city council for providing timely and in full accomplishment by the beneficiary of obligations on repayment and servicing of loan, other agreement types concluded between the Ministry of Finance and the beneficiary and/or the executive in charge, and/or city council and/or executive body, and/or local government body, and/or the state and/or municipal company, organization, the organization;

the initiator of the investment project - executive body, local government body, and also organization or the organization formed in accordance with the established procedure by the specified body or the subject of managing of the public or utility sector of economy;

the project coordinator - the deputy manager or other authorized person of the executive in charge which is properly authorized by such contractor to provide the organization, implementation of supervision and control of carrying out work on preparation and project implementation, signing of the documents connected with preparation and project implementation and also bears the personal responsibility for preparation and project implementation;

The letter of the Government of Ukraine to IFI - the letter on behalf of the Cabinet of Ministers of Ukraine concerning determination of the main directions of carrying out reforms in support of which it is supposed to direct the system project;

monitoring of the project - action for implementation of supervision of preparation and project implementation, use of means of loan, accomplishment of financial liabilities under the contract of Ukraine with IFI, the agreement signed with the Ministry of Finance;

operational management - the document approved by the executive in charge who determines organizational aspects of management of the investment project or system project within which the loan arrives by results of achievement of the corresponding indicators determined by the contract of Ukraine with IFI, and also technology and the sequence of its implementation for the purpose of assistance of efficiency and continuity of implementation of actions for project implementation, assistance in decision making process;

indicators of effectiveness of the project - the quantitative and qualitative indexes of monitoring and assessment allowing to compare the results received in time and after project implementation to particular purposes and tasks and to estimate effect of project implementation, including influence of the project on climate change regarding amount of emission reduction of greenhouse gases;

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