RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 26, 2016 No. 779

Some questions of accomplishment of the programs connected with increase in defense capability and safety of the state

The Cabinet of Ministers of Ukraine decides:

1. Approve Conditions of attraction of managing by subjects - residents of Ukraine of the credits (loans) under the state guarantees for accomplishment of the programs connected with increase in defense capability and safety of the state which are attached.

2. To grant to the Ministry of Defence, Head department of investigation of the Ministry of Defence, the Ministry of Internal Affairs, National guard, National police, Administration of the State Border Service, Public service on emergency situations, other central executive bodies, Service of foreign intelligence (further - customers) the right:

1) to conclude with subjects of managing - residents of Ukraine (further - subjects of managing) economic purchase agreements of goods, works and services for accomplishment of the programs connected with increase in defense capability and safety of the state (further - economic agreements) according to which payment is performed in time at least than 36 months (for conditions of attraction of domestic currency loans) and at least than 60 months (for conditions of attraction of foreign currency loans), with possibility of early payment;

2) to assume budgetary obligations in the corresponding budget period for accomplishment of the programs connected with increase in defense capability and safety of the state, which are carried out with attraction of the credits (loans):

in national currency under the state guarantees subjects of managing, in limits and on the terms of the relevant economic agreements signed on accomplishment of the programs connected with increase in defense capability and safety of the state;

in foreign currency under the state guarantees subjects of managing, in limits and on the terms of the relevant economic agreements signed on accomplishment of the programs connected with increase in defense capability and safety of the state including taking into account the actual costs performed in pursuance of conditions of credit agreements (including owing to change in the exchange rate of hryvnia to foreign currencies and floating rate on the credit during the corresponding period).

3. Provide to the public treasurer service registration of the budget obligations specified in the subitem 2 of Item 2 of this resolution for the amount and on all effective period of the relevant economic agreements according to the approved indicators for implementation of defense purchases.

4. Determine that:

1) expenses on interest payment for use of the loans (loans) which are attracted by subjects of managing under the state guarantees for accomplishment of the programs connected with increase in defense capability and safety of the state join subjects of managing in the price of goods, works and services in economic agreements;

2) payment of goods, works and services in economic agreements which are performed with attraction of the credits (loans) in national currency by customers is performed monthly:

until final shipment of goods (commodity unit, batch) (rendering services, performance of works) in the amount of, not exceeding the amount of the added percent in month for use of the loans (loans) which are attracted under the state guarantees by subjects of managing for accomplishment of the programs connected with increase in defense capability and safety of the state;

in the month which is following shipment of goods (commodity unit, batch) (rendering services, performance of works), - in the amount of, not exceeding the amount of the added percent in month for use of the specified credits (loans) and partial payment of cost of goods, works and services which includes the added obligations on tax payment and obligatory payments (the value added tax, the income tax and part of the net profit which is subject to payment in the government budget);

balance - in the amount of which includes the amount of the added percent in month for use of the specified credits (loans) and partial payment of cost of goods, works and services in accordance with the terms of economic agreements.

Final payment is made no later than monthly term before the date of repayment of the loan (loan) established by the credit agreement (loan agreement).

3) payment of goods, works and services in economic agreements which are performed with attraction of the credits (loans) in foreign currency by customers is performed:

to 15 percent of cost of goods, works and services in economic agreements - advance payment;

remaining balance of cost of goods, works and services in economic agreements - equal semi-annual shares, beginning in 6 months of shipping date of each batch (rendering services, performance of works);

4) in case of acceptance by the subject of managing of the decision on early repayment of the loan (loan) and approval of such decision by the customer payment of cost of goods, works and services is performed by the customer for actually delivered goods (the rendered services, the performed works) in full.

5. To customers to exercise control of proper accomplishment by subjects of managing of conditions of economic agreements.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 26, 2016 No. 779

Conditions of attraction of managing by subjects - residents of Ukraine of the credits (loans) under the state guarantees for accomplishment of the programs connected with increase in defense capability and safety of the state

1. These Conditions regulate single questions of attraction of managing by subjects - residents of Ukraine (further - subjects of managing) the credits (loans) under the state guarantees for accomplishment of the programs connected with increase in defense capability and safety of the state.

2. Attraction of the credits (loans) by subjects of managing is performed with observance of the following conditions:

the loan interest rate (loans) in national currency cannot exceed more than for 6 percent the Ukrainian index of deposit rates of UIRD(3 physical persons of m) for the term of three months, but no more 30,5 of annual interest rate;

the loan interest rate (loans) in foreign currency cannot exceed more than for 6 percent the European interbank offered rate (EURIBOR) for the term of six months, but no more than 11 annual interest rates. To accept negative EURIBOR value when calculating equal to zero;

the term of use of the credits (loans) in national currency constitutes at least 36 months;

the term of use of the credits (loans) in foreign currency constitutes at least 60 months.

The term of use of the credits (loans) in national and foreign currency can be reduced in case of early return of the attracted loans.

3. Approval of drafts of credit agreements (agreements of loans) is performed by the customer according to the address of the subject of managing which provides to the customer the corresponding draft of the credit agreement (loan agreement) and the feasibility statement on amount and feasibility of attraction of the credit (loan).

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