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About The Collective Agricultural Enterprise

Original Language Title: Про колективне сільськогосподарське підприємство

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C A C U A TO R S
About the collective agricultural
enterprise
(Information of the Verkhovna Rada of Ukraine (VR), 1992, N 20, pp. 272)
{Be in Action by VR
N 2115-XII 2115-12 ) from 14.02.92 CE, 1992, N 20, pp. 273}
{With changes under the Act
N 2688-XII 2688-12 ) from 14.10.92 CE, 1992, N 48, pp. 658
Decree
N 15-93 from 19.02.93, VCE, 1993, N 17, pp. 184
Laws
N 3172-XII 3172-12 ) from 04.05.93, VCE, 1993, N 24, pp. 254
N 3180-XII ( 3180-12 ) from 05.05.93, VCE, 1993, N 26, pp. 277
N 3716-XII ( 3716-12 ) 16.12.93, VR, 1994, N 5, st. 14
N 456 /96-PL from 31.10.96, VR, 1996, N 50, pp. 280
N 2409-III ( 2409-14 ) from 17.05.2001, VR, 2001, N 31, pp. 146
N 2921-III ( 2921-14 ) from 10.01.2002, VB, 2002, N 16, pp. 114
N 547-IV ( 547-15 ) from 20.02.2003, VR, 2003, N 23, pp. 146
N 762-IV 762-15 ) of 15.05.2003, VR, 2003, N 30, pp. 247
N 2454-IV ( 2454-15 ) from 03.03.2005, VB, 2005, N 16, pp. 259
N 2555-VI ( 2555-17 ) from 23.09.2010, VR, 2011, N 6, pp. 41
N 3384-VI ( 3384-17 ) from 19.05.2011, VCE, 2011, N 46, pp. 512
N 5462-VI ( 5462-17 ) 16.10.2012, VCE, 2014, N 6-7, pp. 80
N 1206-VII ( 1206-18 ) from 15.04.2014, OVR, 2014, N 24, pp. 885}

This Act defines legal, economic, social and
organizational conditions for the activities of the collective agricultural
Businesses.
The law is aimed at ensuring full independence
the stated enterprise, the implementation of its capabilities as a subject
the master, defines his rights and duties in the
Economic activity.
The law guarantees the inadmissibility of state interference in the exercise
Collective Agricultural Functions
enterprises, restrictions on its rights and interests
Government power. The law provides equal rights to collective bargaining
Agricultural enterprises with government enterprises,
Farm workers, other business entities.
{Paragraph 3 of the third preamble to the changes in accordance with the Laws
N 2454-IV ( 2454-15 ) from 03.03.2005, N 5462-VI ( 5462-17 ) From
16.10.2012}
R O and L I
GENERAL PROVISIONS
Article 1. Collective Agricultural Enterprise
as a host entity
1. Collective agricultural enterprise
enterprise) is a voluntary association of citizens in an independent
enterprise for the joint production of agricultural
products and goods and acts on the basis of entrepreneurship and
Self-government.
2. The enterprise is a legal entity, has current and investment
(a deposit) accounts in the bank's institutions and may have seals. {Paragraph 2 of Article 1, as amended by the Laws
N 2921-III ( 2921-14 ) from 10.01.2002, N 1206-VII ( 1206-18 ) From
15.04.2014}
3. Businesses may be on voluntary basis together
in the union (union), to be the founders of shareholders,
In the case of the President of the United States,
Article 2. Legislation regulating
agricultural enterprise
The activities of the enterprise are regulated by this Act,
The Master Code of Ukraine 436-15 ), Civil Code
Ukraine ( 435-15 ), the Land Code of Ukraine 2768-14 ) and
Other acts of legislation of Ukraine. {Article 2 with changes under Law N 5462-VI
( 5462-17 ) 16.10.2012}
Article 3. Creation and public registration of the enterprise
1. Enterprise is created by the desire of citizens to
Voluntary conquests at their general assembly. Creation
enterprises are not driven by any decisions of state,
Organs and other organs.
2. The enterprise is considered to be created and acquires rights
a legal entity from the day of its state registration. State registration is in order,
by the law for the state registration of legal persons.
{Paragraph 2 of Article 3, paragraph 2, in the edition of Law N 2555-VI
( 2555-17 ) 23.09.2010} {Paragraph 2 of Article 3 in the Revision of Laws N 3172-12 From 04.05.93,
N 3716-12 16.12.93}
3. The refusal to public registration can be appealed to
Court order. {Paragraph 3 of Article 3 in the edition of Law N 3172-12 From 04.05.93}
Article 4. Statute of the enterprise
The company operates on the basis of a charter.
In the charter, businesses specify the naming of the enterprise,
its location, object and goals of activity, order of entry
to businesses and end membership in it, principles of formation
common ownership and the rights of members regarding it, the order of the distribution
profit received from securities transactions, total
rights and duties of the members of the enterprise; provided by
self-government, the order of their formation and competence, rights and
the duties of the enterprise and its members regarding the use and protection
Land, water and other natural resources,
Industrial, financial and labour activities,
the issue of payment and protection, social guarantees, conditions and
The order of reorganization and liquidation of the enterprise. {Part of the second article 4 with the changes made under the Act
N 456 /96-PL 31.10.96}
The enterprise ' s charter may contain other provisions that do not
Contrary to the legislation of Ukraine.
Article 5. Membership in the enterprise
Membership in the enterprise is based on the right of voluntary
joining the members of the enterprise and the unimpeded exit from the warehouse
Its members.
Venture members may be citizens who have reached
The 16-year-old is aware of and performing his charter.
Article 6. Main tasks of the enterprise
The main tasks of the enterprise are commodity production
products of plant and animal husbandry, as well as its processing and
other activities aimed at meeting the interests of members
enterprises, labor collective and the entire population of Ukraine.
R O and L II
OWNERSHIP OF THE ENTERPRISE AND ITS MEMBERS
Article 7. Objects and entities of ownership in the enterprise
1. The entities of the collective ownership of the enterprise are
land, other basic and reversible means of production, cash and
The main contributions of its members, produced by them products, are derived from
Income, property, acquired by legal grounds. Rights objects
the property of the enterprise is also a stake in the mayors and profits
Inter-member organizations and associations
Company.
The property in the enterprise belongs to the right of common partial
Holdings of its members.
2. The subject of property rights in the enterprise is as a
legal entity and its members-in part of the property they receive.
When you exit the enterprise.
Article 8. Corporate Rights
1. Enterprise alone owns, uses and
It is considered to be the proper objects of property.
2. The right of collective property shall be exercised by common assemblies
members of the enterprise, the assembly of commissioners, or established by them
enterprise management that has passed individual functions to
Administrative management.
3. The ownership of the enterprise is protected by law. Proper
The property can be transmitted to public, cooperative and other
enterprises, organizations and citizens by the decision of the general
a meeting of members of the enterprise or assembly of commissioners.
4. Zbitches inflicted by the businesses of its members and others
citizens, state enterprises, institutions,
organizations, foreign organizations, other legal entities
Persons are subject to rejuvenation at the general basis.
5. Suffering the proper business of property and others
the values are performed on voluntary charges on conditions and in
the order established by the legislation of Ukraine.
Article 9. Trust Fund of the Property Members of the Enterprise
1. Prior to the stock fund of the property members, the enterprise is included
the cost of major production and defense funds created for
the expense of enterprise activities, securities, shares, money
and the appropriate proportion of participation in the activities of others
Businesses and organizations. Refinement and cost of rations
the property fund of members of businesses, including reorganized,
Based on the methodology that is approved by the Cabinet of Ministers
Article 9, paragraph 1, paragraph 1, of article 9 of the Abzac
under the Law N 547-IV ( 547-15 ) by 20.02.2003}
The right of enterprise members to a property trust fund depends on
their work contribution.
A member of the venture is annually counted as part of the profits.
depending on the proportion in the smoke fund that its desire can
be paid or contracted in the increase in the rations
Okay. These relations are governed by a charter of the company.
2. Pai is the property of a member of the enterprise. Right to dispose of
A member of his own will, by his own court, comes after
Termination of membership in the enterprise. Pai may inherit
Under the Civil Legislation of Ukraine and the Statute
Businesses.
3. In case of exit from enterprise, its members have the right to
Pai in kind, sinners or valuable papers according to the size and
the structure of the rations fund or the other, by the consent of the parties, form.
{Paragraph 1 of Article 9, paragraph 3, in the edition of Law N 547-IV
( 547-15 ) by 20.02.2003}
Disputes that arise in this right are considered
the court.
R O and L III
EARTH AND ITS USE
Article 10. Land of Enterprise
1. Land can belong to an enterprise on the right of collective
property, and can also be given in permanent or temporary
Use, including on loan conditions.
Ownership or right of permanent use of land
to be considered by public acts, and the right of temporary use
the land, including on lease terms, is formalized by the treaty.
{Paragraph 1 of Article 10 in the edition of Law N 3180-12 05.05.93}
2. The right of enterprise to land is kept at
Entering into agroindustrial associations, combinations,
Agricultural firms and other formations.
3. The right of enterprise to land or its part may
be terminated in order and on the grounds set by the Land
Code of Ukraine 2768-14 ).
4. Chena enterprise who wished to get out of his warehouse for
the organization of farming, land is provided
from land, and in the case of their absence from land
enterprises suitable for agricultural production, in
a part that falls on one member of the collective. {Part of Article 10 of the changes made by the
Act N 2454-IV 2454-15 ) from 03.03.2005}
5. On the bankruptcy of the land of the general
(intra-host roads, forest logging, etc.)
Other soil protection, hydrotechnical facilities, etc.)
are passed in the return of the respective local councils. {First paragraph
Article 10, paragraph 5, as amended by the Act
N 5462-VI ( 5462-17 ) 16.10.2012}
Appeal to land for claims
The creditors can be done by decision only in case of
lack of a debtor of another property which may be addressed
A lesion. {Paragraph 2 of Article 10, paragraph 5, with changes made by
under the N 762-IV Act 762-15 ) From 15.05.2003} {Paragraph 5 of Article 10 in the edition of Law N 3180-12 05.05.93}
Article 11. Land ownership rights and property
Land users
Land owners and landusers are entitled to:
Self-to-land;
property on agricultural products and
Revenues from its implementation;
use in set order for needs
The estate available to land is common in good terms.
The mines, peat, forest lands, aquatic objects, and also
Exploit other useful properties of land;
to drive residential, production, cultural and other
buildings and structures in pursuit of rural, rural, urban areas
Okay. Building on a rented land area
production and non-production destinations, including housing,
The tenants agree with rural, village, urban, district.
Council, other tenant; {Abzac for the fifth part of the first article 11
with changes made under Act N 5462-VI ( 5462-17 ) From
16.10.2012}
property on crops and planting of crops and
Dusk;
receive from the new owner of the land, the landuser or
the local council for compensation for the increased fertility rate in the case of
removing or voluntary abandonment of land. {Paragraph
The seventh part of the first article 11, with changes made in the
Act N 5462-VI 5462-17 ) 16.10.2012}
Land owners have the right to grant proper land.
area or part of its temporary use, including the
loans, in cases and in order of predicted land;
Legislation. {Article 11 in the edition of Law N 3180-12 05.05.93}
Article 12. Duties of land owners
and land-users
Land owners and landusers are obliged to: enforce the use of the ground according to the target
the purpose and conditions of its provision; effectively use the ground according to the project
The domestic land, to increase the soil's birth,
apply environmental technology to manufacturing, do not allow
Deterioration of the environmental situation in the territory as a result of its
Economic activities; Undertake a set of measures to safeguard the land
Article 84 of the Land Code of Ukraine 561-12 ); To put a land tax or rent in a timely manner
Land; do not violate the rights of owners of other land areas and
Land-users, including tenants; keep geodetic signs, anti-erosion facilities, networks
Irrigation and drainage systems; Observe the regime of sanitary zones and territories, especially
Protected; To add to the rules of good-neighborliness; allow owners and users of land to pass
To public roads, as well as for construction or
Repair of boundary signs and structures; do not obstruct the obstacle to the adjacent land area
Necessary communications; Take measures to prevent the possibility of a stack of rain and
of the water, the penetration of toxic chemicals and mineral fertilizers
Land area. {Article 12 in the edition of Law N 3180-12 05.05.93}
R O and L IV
ECONOMIC, FINANCIAL AND
FOREIGN ECONOMIC ACTIVITIES OF THE ENTERPRISE

Article 13. Economic activity
Enterprise self-defines directly
agricultural production, its structure and volume,
self-produced by manufactured products and boards,
Exercise any activity that does not contradict the law
Ukraine.
The enterprise has the right to cooperate with industrial
Enterprises and Institutions for the Reprocessing of Agricultural
products, manufacture of industrial and other goods, extended
Areas of social and cultural, communal services
Rural, training and retraining of personnel.
The company is involved in the privatization of reprocessing,
Agro-service and other state-owned enterprises. {Article 13 is supplemented by part one by Act N
456 /96-PL 31.10.96}
To implement representative activities with securities
enterprise creates confidence societies that operate within
the powers given by the general assembly or meeting of the Commissioners
In accordance with the current legislation of Ukraine. {Article 13 is supplemented by the fourth under the Law
N 456 /96-PL 31.10.96}

Article 14. Treaty fundamentals of economic relations
1. The enterprise has the right to contract relations with
Any state, cooperative, public and private
enterprises, institutions and organizations, with separate
citizens, self-elect partners, including
overseas, to make arrangements. Dispute arising from
Executing treaties are dealt with by the court. {Paragraph 1 of article 14 of the changes under the Act
N 762-IV 762-15 ) From 15.05.2003}
2. The enterprise is voluntarily able to take over
State order for sale of agricultural products. In
A contract on a state order is intended to provide
enterprises of material and technical resources in volumes,
item and assortment that guarantee the parity of the relationship.
When a state is unperformed, the contract of the enterprise is entitled
reduce the sale of agricultural products in proportion to
the volume of the dissent to him on logistical resources.
During the change during the contract action of the state price order
The material and technical resources of the state are compensated by the enterprises
increment.
3. To support collective agricultural products
enterprises and creating stable financial conditions under the
A special Ukrainian state fund is created by the bank.
the size of which is annually determined by the Cabinet of Ministers of Ukraine.
Article 15. Agricultural prices
The enterprise implements its products and provides services
enterprises, organizations and citizens for prices and tariffs, which
are installed on their own or on a contractual basis. On
the state ' s price regulation is guaranteed the same rights and duties
Agricultural products producers, regardless of form
-Master.
Procurement prices for agricultural products, wholesale
prices for the means of production, material resources and tariffs on
services for the village must provide an equivalent exchange between
Agriculture and industry.
Article 16. Foreign economic activities of the enterprise
1. Enterprise self-exercised external economic
In accordance with the legislation of Ukraine.
2. Method of using enterprise revenue in foreign countries
The currency is defined by the monetary legislation of Ukraine. {Paragraph 2 of Article 16 in the Revision of Decree N 15-93 of 19.02.93}
3. Enterprises have the right to create overseas
Partners of joint ventures.
Article 17. Financial and Credit Relations
1. The source of financial resources of the enterprise is
income, depreciation, funds received from sale
property (other than land), securities, pau and other contributions of members
enterprises, businesses and organizations, as well as other revenues.
2. The enterprise is entitled to: To release securities; use the bank credit on a commercial contractual
based on and self-detect the size of cash that is constantly
is in its cash area, on current costs; Self-elect to the institutions of the bank and insurance organizations; Combine part of their funds to the staff of other businesses,
Organizations and hosts buy shares, government bonds, savings certificates, and
Other securities.
Article 18. Income and distribution
1. Enterprise self-defined species, order of formation
and the use of funds and reserves.
2. The venture is a tax payer to the budget that
to be made in the order established by the law.
R O and L V
WORK AND SOCIAL DEVELOPMENT OF THE ENTERPRISE
Article 19. Organization and payment of labour
1. Labor relations of the members of the enterprise are regulated by this
The law and status of the enterprise and the citizens who work for
employment contract or contract,-labor legislation
Ukraine.
2. Enterprise self-defines forms, systems and sizes
Pay for the work of its members and other workers.
3. Payment of labour is carried out depending on the quantity and quality of
The employment contribution of each member of the enterprise and is utterized
The final results.
4. The income size is not limited. Payment of labor can
to be a sinner and kind.
5. The Company has the right to free hire workers.
6. The payment of employed workers is determined by the
the parties ' approval, but cannot be lower than set
Minimum wage rate (minimum level)
Pay for professional and professional workers ' groups) and
does not depend on the final results of the host.
Article 20. Security
1. The enterprise ensures compliance with established rules and
standards for labour protection, safety equipment, requirements of production sanitation and
road safety.
2. The enterprise carries according to the laws of Ukraine
Material responsibility for the damage to the members
enterprises, as well as individuals who work in it for employment
the contract or contract, for the crippling and other health damage,
associated with the execution of their labor duties. {Paragraph 2 of Article 20 of the changes made under the Act
N 5462-VI ( 5462-17 ) 16.10.2012}
Article 21. Social and labour guarantees
The enterprise takes care of improving the conditions of labor and the household of its
members, as well as individuals who work in it for the employment contract.
The company guarantees their employees proper work conditions,
provides a regimented work week, days of weekly
Holidays, annual holidays.
Enterprise members have equal rights to state workers
enterprises with respect to the minimum level of pay, its indexing,
Conditions and dimensions of social insurance, pension provision,
Motherhood and childhood, social protection of single mothers
citizens and citizens of the elderly, disabled, multi-valued families
and single mothers, labor veterans.
R O and L VI
GOVERNMENT AND REPRESENTATIVE BODIES
Article 22. Self-government in the enterprise
Self-government in the enterprise is provided on the basis of law
members of the enterprise to participate in addressing all issues of its
activities, electoral and accountability
bodies, the duty of decisions adopted by the majority, for all
members of the enterprise
Article 23. Self-government bodies
1. The highest self-government in enterprise is common
the assembly of his members or the assembly of commissioners. Between the meeting
The company's business runs. General authority
(a meeting of Commissioners) and of the board are determined by the Statute
Businesses.
2. General Assembly (s): Accept the statute of the enterprise, make changes and
Completion decide on the election of the board, his head and
-The financial commission of the enterprise; make decisions about reorganization and elimination
enterprises, about its participation in joint-stock societies,
corporations, associations, concerts and other associations; solved other important issues of the enterprise.
Article 24. Self-government guarantees
The democracy of self-government in the enterprise is provided
The hold of the system in its charter system
Administrative and procedural rules.
Article 25. Representative bodies
For the organizational and legal provision of economic
The autonomy of the enterprise and the protection of its rights,
experience and representation of the interests of the enterprise in
A relationship with government bodies may be created by its
The representative bodies. {Article 25 of the changes in accordance with the Act N 5462-VI
( 5462-17 ) 16.10.2012}
R O and L VII
COLLECTIVE AGRICULTURAL ENTERPRISES
AND THE STATE
Article 26. Guarantees of the rights and interests of the enterprise
1. The State guarantees the retention of rights and legitimate interests
enterprises and its members.
Intervention in the economic and other business of the enterprise
the association of citizens is not permitted, except in cases,
As predicted by the laws of Ukraine. Government and officials
can interfere with enterprise activities only according to
of their competence established by the laws of Ukraine. {Paragraph second
Article 26, paragraph 1, as amended by the Act
N 5462-VI ( 5462-17 ) 16.10.2012}
2. Strikes (including expectations and unearned income),
to the enterprise as a result of the implementation of the instructions of state or other
bodies or officials who have violated the rights of the enterprise, and
As a result of the enforcement of such bodies or
by the officials of the stipulated by the legislation concerning
enterprises are subject to the rejuvenation of these bodies for their
Count. Disputes over damages are resolved by the court. {Paragraph 2 of the article 26 with the changes made under the Act
N 762-IV 762-15 ) From 15.05.2003}
Article 27. Legal and economic conditions of assistance
enterprise development
1. The State provides an enterprise level with others
The goods manufacturers legal and economic conditions.
2. Public administration bodies build their relations with
enterprise, using economic methods-taxes,
loans, boards, compensation and prices provided by the
an equivalent exchange between agriculture and industry.
State administration authorities are forbidden to establish
any types of taxation and payments other than those defined
The laws of Ukraine are about taxes.
Article 28. Accounting and Reporting
The enterprise is conducting operational and accounting
results of their work and statistical reporting.
Accounting and Statistics Order
Reports are determined by the relevant legislation of Ukraine.
Article 29. Responsibility of enterprise
For breach of contractual obligations, credit and
the tax discipline, sanitary and veterinary regimes, requirements
concerning the quality of products and other rules of exercise
the enterprise is responsible for the
The laws of Ukraine. {Article 29 of the changes in accordance with the Act N 5462-VI
( 5462-17 ) 16.10.2012}
Article 30. Monitoring the activities of the enterprise
Control of the enterprise is carried out by state
organs within their competence, which is set by the legislative
Acts of Ukraine.
The enterprise has the right to not fulfil the requirements of these organs, if
They go beyond their authority.
Article 31. Reorganisation and liquidation of the enterprise
1. Reorganization (merger, attachment, division, allocation,
liquidation) and liquidation of the enterprise
the General Assembly (assembly of commissioners) of its members or for
By the decision {First paragraph 1 of the changes made by
under the N 762-IV Act 762-15 ) From 15.05.2003}
The enterprise can be liquidated in the event of recognition
bankrupt and on other grounds stipulated by legislative acts
Ukraine. {Paragraph 1 of Article 31, paragraph 1, in the edition of the Law
N 2688-12 14.10.92}
2. To reorganize and eliminate the enterprise
employees are guaranteed to keep their rights and interests
In accordance with the labour law of Ukraine.
3. The enterprise is considered to have stopped, with dates
Introduction to the Single State Register of Legal Persons and Physical
-It's a lot of people who write about the state registration registration.
State registration is done in order,
By law. {Paragraph 3 of Article 31 in the edition of Act N 2555-VI ( 2555-17 ) From
23.09.2010}
4. In case of a merger of the enterprise with another enterprise all
The main rights and duties of each of them are moved to
A new venture.
When you connect one enterprise to the other to the last
forward all the master rights and responsibilities of the annexed
Businesses.
5. In case of division of enterprise to newly created enterprises
Move by section (balance) in the respective parts
The master's rights and responsibilities of a reorganized enterprise.
When you select one or more new
enterprises to each of them follow a shared act
(balance) in the relevant parts of the main law and responsibilities
A reorganised enterprise.
6. When transforming one enterprise into another
The newly formed venture will cross all property rights and
The responsibilities of the former
The enterprise can on voluntary earnings by decision
the general assembly to transform into a self-contained cooperative that
are created from the most unraded units of the enterprise, or
Individual group members. They are endowed with rights
products and income, opening of account in bank institutions.
All the master rights and duties of the former are transferred to them.
Businesses. These groups may be united in association.
7. In case of reorganization of the enterprise, a pack of its members or their
the heirs are removed by the legal successors of this enterprise for
the account of the property that was brought to the stock of the rations fund
enterprises to date its reorganization and transfer to balance
The Offensive. {Article 31 is supplemented by paragraph 7 under Law N 547-IV
( 547-15 ) by 20.02.2003}
8. Facilities of the social sphere, housing stock, including
of completed construction, as well as internal
The meliorative systems of enterprises not subject to smoking in the
reorganizing these enterprises and transferred to balance
The legal successors, are subject to free transfer to
Communal property in the order established by the Cabinet of Ministers
Ukraine. {Article 31 is supplemented by paragraph 8 under Law N 547-IV
( 547-15 ) by 20.02.2003}
Article 32. Commission to suspend the enterprise
1. The cessation of the enterprise is conducted by the common
the meeting (s) of the members of the enterprise, court or
Authorized by the Commission on the termination of an enterprise (commission)
of the reorganization, liquidation commission) or liquidator.
Implementation of the functions of the termination commission (commission)
of the reorganization, the liquidation commission) can be relied upon
The company's office.
The termination of the enterprise is held in the established law
Okay. {Article 32 with changes under the Laws N 2688-XII
( 2688-12 14.10.92, N 2409-III ( 2409-14 ) From 17.05.2001,
N 762-IV 762-15 ) from 15.05.2003; in the wording of Act N 3384-VI
( 3384-17 ) From 19.05.2011}
Article 33. Satisfaction of creditor requirements
1. In case of the termination of the payment of a payment
its creditors meet in the order of the order established
Civil Code of Ukraine 435-15 ).
In case of recognition, the company is bankrupt by the requirements of its creditors
Satisfied in the order of draft established by the Law of Ukraine
" On the renewal of the debtor's solvency or recognition of its
Bankrupt " ( 2343-12 ).
2. After satisfying the requirements of the creditors of the pai members of the enterprise
are issued in kind or money or securities. {Article 33 in the edition of Act N 3384-VI ( 3384-17 ) From
19.05.2011}

President of Ukraine
Um ... Kiev, 14 February 1992
N 2114-XII