LAW OF UKRAINE

of December 14, 1999 No. 1286-XIV

About concessions on construction and operation of highways

This Law determines features of construction and operation of highways public of the state value on the terms of concession.

Article 1. Determination of terms

1. In this Law the following terms are used in such value:

1) highway construction - complex of the road-building and project works connected with construction of the new highway;

2) it is excluded;

3) operation of the highway - the actions of the concessionary aimed at providing continued and safe operation of the highway according to standards and regulations on content of highways, provisions of the concession treaty;

4) the concessor - the state on behalf of the Cabinet of Ministers of Ukraine or executive body authorized by it on carrying out concessionary tender, the conclusion of the concession treaty and accomplishment of the obligations following from it;

5) the concession treaty - the agreement registered in accordance with the established procedure under which the concessionary shall perform construction and operation of the highway, and the concessor - to grant to the concessionary the rights to construction and operation of the highway to the duration of the agreement;

6) concession - provision by the concessor based on the concession treaty on paid and urgent basis to the concessionary of the right to construction and operation of the highway on condition of capture by the concessionary on obligations concerning its construction and operation.

Other terms are used in the value determined in the laws of Ukraine "About highways", "About concessions", the Land code of Ukraine and other regulatory legal acts.

Article 2. Features of construction and operation of highways on the terms of concession

1. The paragraph one is excluded.

In case of determination of subjects to concession the possibility of alternative journey according to the Law of Ukraine "About highways" shall be provided.

2. The decision concerning construction and operation of the constructed highways which can be transferred to concession accepts the Cabinet of Ministers of Ukraine based on the feasibility statement.

In this decision of the Cabinet of Ministers of Ukraine are surely specified:

general characteristic of the highway;

estimated cost of construction of the highway;

the planned amount of annual earnings of the concessionary from operation of the highway;

technical parameters of the highway;

borders of the parcels of land necessary for construction and operation of the highway;

the body responsible for the organization of work on provision in use of the parcels of land for construction, operation and servicing of the highway;

conditions of termination (termination) of the agreement of concession.

After the decision making specified in paragraph one of this part concerning the parcels of land necessary for construction and operation of the highway on the terms of concession, the corresponding encumbrances in the procedure determined by the legislation are established.

The decision on carrying out concessionary tender is made by the Cabinet of Ministers of Ukraine.

In this decision of the Cabinet of Ministers of Ukraine are surely specified:

the body authorized on carrying out concessionary tender, the conclusion of the concession treaty and accomplishment of the obligations following from it;

technical parameters of the highway;

basic financial performance of transfer of the highway to concession;

deadline to which the highway is transferred to concession;

extreme amount of compensation to the concessionary;

route of alternative free pass;

other conditions of transfer of the highway to concession.

3. Regarding transfer to the concessionary of the right to highway construction the concession treaty becomes effective from the moment of acquisition of right to use of the parcels of land provided in accordance with the established procedure for highway construction.

4. The concessor can partially finance (to co-finance) construction and operation of highways on the terms of concession in the amounts and procedure defined by the concession treaty at the expense of the means provided in special fund of the government budget for development of network and content of highways public.

5. The property created in pursuance of conditions of the concession treaty or received in concession and located within strip of assignment of the highway is object of the right of state-owned property which is transferred to the concessionary to ownership and use to effective period of the concession treaty.

The property acquired by the concessionary located outside strip of assignment of the highway is object of the property right of the concessionary.

6. Acceptance in operation of the highway is the basis for its inclusion in case of requirement in accordance with the established procedure in the list of highways public.

Article 3. Features of carrying out concessionary tender

1. The procedure for carrying out concessionary tender on construction and operation of highways approves the Cabinet of Ministers of Ukraine according to the law.

2. It is excluded.

Article 4. Income of the concessionary

1. Treat sources of the income of the concessionary from operation of the highway:

fare the highway which is brought by the user;

the paragraph third parts one is excluded;

payment for operation of objects of road service which is brought by the user;

compensation to the concessionary.

The paragraph of the sixth is excluded.

2. The maximum amount of payment for one-time journey by the highways constructed on the terms of concession determines the Cabinet of Ministers of Ukraine taking into account the rate of inflation.

3. The procedure for free pass by the highways constructed on the terms of concession, compensation for it (in case of natural disaster, catastrophic crash, epidemic, epizooty, journey of vehicles which are used by public authorities divisions of the Ministry of Defence of Ukraine, the border service, internal troops, National police and emergency medical service) determines the Cabinet of Ministers of Ukraine.

Article 4-1. Compensation to the concessionary

1. The concessionary has entitlement to compensation of part of the half-received income which size is provided by the concession treaty.

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