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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 10, 2017 No. 142

Some questions of management of the state unitary enterprises and economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state

(as amended on 01-12-2023)

According to article 5 of the Law of Ukraine "About management of objects of state-owned property" the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

criteria according to which formation of the supervisory board is obligatory at the state unitary enterprises and in economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state (further - criteria);

Procedure for education, organization of activities and liquidation of the supervisory board of the state unitary enterprise and its committees;

Procedure for carrying out competitive candidate screen to position of the independent member of the supervisory board of the state unitary enterprise and their appointment, and also carrying out competitive candidate screen to position of the independent member of the supervisory board of economic society in whose authorized capital more than 50 percent of shares (shares) belong to the state, the independent members of the supervisory board offered by the subject of management of objects of state-owned property before election to position;

requirements to the independent member of the supervisory board of the state unitary enterprise and economic society in which authorized capital more than 50 percent of shares (shares) belong to the state.

2. No. 643 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 31.05.2022

2-1. Determine what approved by this resolution Procedure for Carrying Out Competitive Candidate Screen to position of the independent member of the supervisory board of the state unitary enterprise and their appointment, and also carrying out competitive candidate screen to position of the independent member of the supervisory board of economic society in whose authorized capital more than 50 percent of shares (shares) belong to the state, the independent members of the supervisory board offered by the subject of management of objects of state-owned property before election to position, is not applied to competitive candidate screen to position of the independent member of the supervisory board of Kryvyi Rih Heating Plant joint-stock company and to competitive candidate screen to position of the independent member of the supervisory board of Dnieper Combined Heat and Power Plant joint-stock company.

The paragraph two is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 31.05.2022 No. 643

The paragraph third is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 31.05.2022 No. 643

Determine what approved by this resolution Procedure for Carrying Out Competitive Candidate Screen to position of the independent member of the supervisory board of the state unitary enterprise and their appointment, and also carrying out competitive candidate screen to position of the independent member of the supervisory board of economic society in whose authorized capital more than 50 percent of shares (shares) belong to the state which are offered by the subject of management of objects of state-owned property before election to position of independent members of the supervisory board, is not applied to competitive candidate screen to position of the independent member of the supervisory board of economic society whose stocks are transferred in the authorized capital of joint-stock company "National joint stock company "Naftogaz of Ukraine".

2-2. No. 643 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 31.05.2022

2-3. Determine what approved by this resolution Procedure for Carrying Out Competitive Candidate Screen to position of the independent member of the supervisory board of the state unitary enterprise and their appointment, and also carrying out competitive candidate screen to position of the independent member of the supervisory board of economic society in whose authorized capital more than 50 percent of shares (shares) belong to the state, the independent members of the supervisory board offered by the subject of management of objects of state-owned property before election to position, is not applied in case of acceptance by the subject of management of objects of state-owned property of the decision on appointment/election for the new term of the independent member of the supervisory board of the state unitary enterprise and economic society in which authorized capital more than 50 percent of shares (shares) belong to the state which conforms to requirements, determined in the Law of Ukraine "About management of objects of state-owned property" in case such independent member of the supervisory board meets the requirements determined in the Laws of Ukraine "About management of objects of state-owned property" and "About joint-stock companies".

2-4. Determine that provisions of paragraph two of criteria the Ukrainian aviation transport enterprise "Horiv-AVIA" regarding asset cost of the company which were formed in connection with contract performance, concluded with the Airbus Helicopters SAS company about purchase of helicopters, other goods and services in pursuance of the Agreement between the Government of Ukraine and the Government of the French Republic of rather official support in creation of single system of aviation safety and civil protection in Ukraine made on May 29, 2018 and ratified by the Law of Ukraine of June 7, 2018 No. 2452-VIII "About ratification of the Agreement between the Government of Ukraine and the Government of the French Republic of rather official support in creation of single system of aviation safety and civil protection in Ukraine" is not applied to the state company ".

3. To subjects of management of objects of state-owned property:

1) in fifteen-day time:

make the decision on creation of the supervisory boards at the state unitary enterprises which formation is obligatory according to paragraphs second and third criteria;

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