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| LAW OF UKRAINE |
Concerning the peculiarities of the public joint-stock company of rail transport
(Information of the Verkhovna Rada of Ukraine (VR), 2012, No. 49, pp. 553)
{With changes under the Act
No. 222-VIII of 02.03.2015 , BBR, 2015, No. 23, pp. 158}
This Act defines legal, economic and organisational features of the establishment of a public joint-stock rail transport company, 100 per cent of shares owned by the State (further-Society), management and disposal its master and aims to ensure the economic security and protection of the interests of the state.
1. In this Act, the terms are used in this way:
1) the property of rail transport of common use-property, including infrastructure facilities belonging to the State Administration of Railway Transport of Ukraine, enterprises, institutions and organizations of rail transport. use, including buildings, facilities, objects of uncompleted construction, objects of social sphere, vehicles, equipment, equipment, inventory, other material values and intangible assets, securities, corporate rights of the state, law Permanent use of land, as well as other mayors rights, including rights to intellectual property facilities, funds, including in foreign currency. Social sphere facilities include structural units of enterprises, institutions and public rail transport organizations on health, recreation, trade, public nutrition, physical culture and sports, Professional training;
(2) Common-use rail services-railways and state-owned enterprises belonging to the sector of the Central Executive Authority, which provides for the formation and implementation of public policy in the field of transport;
(3) The institutions and organizations of rail transport services of general public health, training facilities belonging to the sphere of the central authority of the executive branch, which provides the formation and implementation of public policy in the field of Transport, as well as higher educational institutions I are accredited by specialists for rail transport.
Chapter II
SOCIETY AND FUNCTION
Article 2. Speciality of the formation of the Society
1. The formation of the Society is carried out by the Cabinet of Ministers of Ukraine under the legislation with regard to the features defined by the Act.
2. The formation of the Society does not require the prior permission of the Anti-Monopoly Committee of Ukraine.
3. Society is formed as a public joint-stock company, 100 percent of shares anchored in state ownership, on the basis of the State Administration of Rail Transport of Ukraine, as well as enterprises, institutions and organizations of the railway The transport of common use, which is reorganized by the merger (further by rail transport).
4. The Statute of the Society is approved by the Cabinet of Ministers of Ukraine.
5. The founder of the Society is the State of the Cabinet of Ministers of Ukraine.
6. Society is the successor to all the rights and duties of the State Administration of Railway Transport of Ukraine and rail transport enterprises.
7. On the basis of the approval by the Cabinet of Ministers of Ukraine, the list of railway enterprises based on which the Society is formed is an official message for creditors on the cessation of such host entities.
8. During the formation of the Society, the formation of its statutory capital and the termination of the State Administration of Railway Transport of Ukraine and the enterprises of rail transport, including during the withdrawal of the law of the requirements, reforming the debt, Performing reorganization, do not apply the provisions of the legislation on:
The need to obtain the consent of creditors concerning the replacement of the debtor in the commitment (the transfer of debt), unless otherwise provided by the international treaties of Ukraine, the duty of which was provided by the Verkhovna Rada of Ukraine;
the rights of creditors to demand that the reorganisation of ensuring the implementation of obligations, their pre-termination or execution and damages of damages;
The impossibility of completing a reorganization to meet the requirements stated by creditors;
Conduct audit audit of the financial reporting of rail transport enterprises;
Conducting an environmental audit of rail transport enterprises.
9. Simultaneous decision on the formation of the Cabinet of Ministers of Ukraine forms a commission on the formation of the Society, which includes representatives of the Cabinet of Ministers of Ukraine, the central body of the executive branch providing the formation and Implements state policy in the field of transport, the State Administration of Railways of Ukraine, the State Property Fund of Ukraine, the Central Executive Body for Economic Policy, Trade Unions acting in the industry.
The Commission for a four-month period from the day of approval of its composition is given to the central body of executive power, which provides for the formation and implementation of state policy in the field of transport, for approval in the lunar line of the Consolidated Act, an act of law. Assessment of the property of rail transport of common use, as well as a draft statute of the Society for submission to the Cabinet of Ministers of Ukraine. The passing act and evaluation act consist of the generalized data of the transmitting acts and the acts of assessment made regarding the entire main complex of each rail transport company.
The size of the statutory capital of the Society is determined during its formation by an act of assessment of the public rail transport property assessment.
Article 3. Restrictions on the activities of the State Administration of Railway Transport of Ukraine, reorganised enterprises
1. From the day of the decision of the Cabinet of Ministers of Ukraine on the formation of the Society to the State Registration of the Society of the State Railways Administration of Ukraine, railway transport enterprises, economic societies, 100 percent of shares (particles, paes) belonging to the state and being part of the statutory capital of the Society, do not have the rights without the consent of the Central Executive Authority, which provides for the formation and implementation of the State Transport Policy:
to commit offences that can lead to the alienation of property, costing more than 5 percent of the balance of assets of the State Administration of Railways of Ukraine and rail transport enterprises on the day of approval The last balance sheet;
Reduce the number of employees;
Carry out the issuance of securities, provide loans;
Transfer the property to bail or free use;
To acquire shares (parts, pai) in a statutory (composed) capital of economic societies.
Article 4. Formation of the statutory capital of the Society
1. Prior to the statutory capital of the Society:
The railway property of the common use;
100 percent of the shares of joint stock companies holding repair of the traction motor and producing reinforced concrete structures and slams, corporate rights management powers the central executive branch of the executive branch. Formation and implementation of public policy in the field of transport;
Shares owned by the State in the statutory (storeroom) capital of the business societies formed with the participation of rail transport enterprises;
The right to permanent use of land areas provided for the placement of rail enterprises;
The right of a master's departure to the main railway lines of common use and accommodated technological structures, transmitted devices which are directly used to ensure the process of transportation, namely: railway stations and general areas of common use, traction substations, contact network and other devices of technological power, alarm systems, centralization, locking and management of train, facilities and properties intended directly for Performing emergency recovery.
2. The provision of land rights provided for the placement of rail transport enterprises to the statutory capital of the Society is carried out in accordance with the normative assessment of such areas, and in the case of Expert assessment.
3. The introduction of the fixed property of rail transport to the statutory capital of the Society may be carried out on the basis of the property account on the balances of the State Administration of Railway Transport of Ukraine, rail transport enterprises according to legislation without prior state registration of ownership of such property.
Article 5. Features of the Society
1. The Society will fail activities, including related to the state secret, to obtain necessary licenses and other permissive documents based on relevant documents received by rail transport enterprises, within the framework of a string of their actions.
2. The redesign of the legal documents on fixed property objects made to the statutory capital of the Society is carried out within two years of the State registration of the Society.
State registration of fixed assets, made up to the statutory capital of the Society, is carried out on the basis of the transmitting act and the act of estimating the property of rail transport made to the statutory capital of the Society. The transfer act and/or the act of assessing the property of rail transport are documents confirming the emergence, the transition, the termination of the rights of the property made to the statutory capital of the Society.
3. The actions of the host societies, made up to the statutory capital of the Society, are its property.
On the day of the public registration, the Society is obliged to be in the established order of ownership of the shares made to its statutory capital.
The dividends obtained by the Society for the results of the activities of the host societies, the package of shares of which were made to its statutory capital, could be directed by the Society for the restoration of the major means of such economic societies.
4. The net profit of the Society, from which it is calculated and paid part of net profit (income) to the State Budget of Ukraine, is reduced by the amount of depreciation on the property transferred to the Society for the Law of the Service, which is aimed at financing capital contributions to the construction (reconstruction, modernization) of such facilities.
Article 6. Organs of the Society
1. The Society's bodies shall be:
The revision of the commission.
2. The highest body of the Society is the General Assembly. The Cabinet of Ministers of Ukraine will be held by the General Assembly.
3. The Executive Body of the Society, which manages its current activities, is the board.
He heads the board, who is appointed to the office and is dismissed from the position of Cabinet of Ministers of Ukraine.
The number and personal composition of the board is approved by the Cabinet of Ministers of Ukraine.
4. Control of the work of the board and the protection of the rights of shareholders of the Society makes the supervisory board.
The number and personal composition of the supervisory board is approved by the Cabinet of Ministers of Ukraine.
5. The monitoring of the financial and financial activities of the Society is exercised by the Audit Commission.
The number and personal composition of the revision commission is approved by the Cabinet of Ministers of Ukraine.
Article 7. Social guarantees of the Society's workers
1. The Society is fully responsible for the obligations provided by the Galucic Agreement between the State Administration of Railway Transport of Ukraine and the trade unions for rail transport enterprises, prior to the conclusion of a new relevant agreement.
2. Labour relations of the State Administration of Rail Transport of Ukraine, rail transport enterprises continue with the Society.
Article 8. Restrictions on the circulation of shares of the Society
1. State ownership has a 100 per cent stake in the Society which is prohibited to alienate, transfer to management, bail, use to form a statutory (composed) capital of household entities and to commit to others. The law, which is the result of which may be their alienation from state property.
Article 9. Managing corporate rights of the state
1. The Office of the Corporate Rights of the State concerning the Society carries the Cabinet of Ministers of Ukraine.
2. The Office of the Corporate Rights of the State, transmitted to the statutory capital of the Society, is exercised by the Society.
Article 10. Restrictions on the Order of the Society
1. Main railway lines of common use and are housed in the technological structures, transmitting devices that are directly used to ensure the process of transport, namely: railway stations and general tracks; Traction substations, contact network and other devices of technological power supply, alarm systems, centralization, locking and management of train traffic, facilities and properties designed directly to perform emergency recovery work, is a by public property, and established by the Society for Law Master of the Republic.
2. The Society cannot alienate, transfer to use, lease, lasing, concession, management, bail, free use, contribute to the statutory (compiled) capital of the property ' s household, designated in part one of this article, and To be able to commit to other offences, as a result of which may be the alienation of such property.
Such property is not subject to privatisation, sale during bankruptcy proceedings, unable to be charged with charges imposed by the court.
3. The Society has no right to transfer the property made to its statutory capital, to other legal entities or citizens other than prescribed cases.
4. Order of retirement, alienation, transfer to the use, lease, concession of the property mentioned in part one of this article, an order of another mine applied to the statutory capital of the Society, and the mine acquired by the Society, shall be determined by the Cabinet Ministers of Ukraine.
The funds obtained by the Society from the mine operations are aimed solely at the failure of the statutory activity of the Society.
Article 11. Responsibility for violation of the requirements of this Act
1. In violation of the requirements of this Act, the officials carry criminal, administrative and disciplinary responsibility under the law.
Chapter III
TRANSITIONAL AND FINAL PROVISIONS
1. This Act will take effect from the day, the following day by the day of its publication.
2. The laws and other legal acts adopted into force under this Act act in part that does not contradict the Act.
3. Land sites that are in constant use of the State Administration of Rail Transport of Ukraine and rail transport enterprises are used by the Society according to their target appointment.
From the day of the termination of the State Administration of Rail Transport of Ukraine and the enterprises of rail transport to the day, the Society for the Rights of Land was established in the permanent use of the State Administration Rail transport of Ukraine and established enterprises, the Society is obliged to use according to the intended purpose of relevant land areas in size and limits in which they were in permanent use of the State Administration Rail transport and rail transport It was used by them, and for which the land tax was paid.
In the case of alienation of the Society of the real estate, the land area on which it is located is passed in accordance with the law.
4. Main complexes of rail transport enterprises with their infrastructure that are excluded from the list of state ownership entities that are not privatized, and the list of the rights of state property not subject to privatization; but may be corporatized, used solely for their contribution to the statutory capital of the Society according to this Act.
5. To make changes to the following legislative acts of Ukraine:
1) in Earth Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2002, No. 3-4, art. (27):
a part of the second complement of the paragraph "g" of the meaning:
"(g) Public Joint-Stock Company of Railways of General Use, formed in accordance with the Law of Ukraine" On the specifics of the Public Joint-Stock Society of General Rail Transport ";
Add part to the third such content:
" 3. The right to permanent use of land may be the state to the statutory capital of the public joint stock rail system formed in accordance with the Law of Ukraine "On the specifics of the formation of public stock market" Rail Transport Society ";
Part 9 of Article 149 after the words "recreational purpose" to supplement the words "and the subjects of the general management of rail transport in relation to their reorganization through the formation of a public joint stock market" Public-use rail transport societies in accordance with the Law of Ukraine "On the specifics of the public joint-joint rail transport company";
2) in Laws of Ukraine "On privatization of state property" (Information of the Verkhovna Rada of Ukraine, 1997, No. 17, p. 122; No. 9, 2006, pp. 9-11. 96; 2007, No. 7-8, pp. 66; 2008, No 5-8, pp. 78, No. 27-28, st. 253; 2009, No. 36-37, pp. 511; with changes made Law of Ukraine of 13 January 2012 No. 4336-VI ):
in Part 2 of Article 3 :
paragraph 2 supplemented by the words "except health facilities, the property of which is entered into the statutory capital of the public joint stock rail society of the common use according to the Law of Ukraine" On the features of the public Joint Rail Transport Joint-Stock Company ";
Complement the paragraph with the fourth such content:
"The provision of public rail transport to the statutory capital of the public joint stock rail transport company is formed in accordance with the Law of Ukraine" On the features of the public " Joint Rail Transport Joint-Stock Company ";
in Part 2 of Article 5 :
Paragraph eleventh paragraph After the word "education", supplemented with the words "other than educational institutions whose property is being entered into the statutory capital of the public stock company rail transport in accordance with the Law of Ukraine" On the features of the Public Joint Joint Rail Transport Association ";
Paragraph 9, paragraph 9, "g" Set out in this edition:
" Main railway lines of common use and are placed into them, the transmission devices are directly used to ensure the process of transportation, namely: railway stations and general tracks, Traction substations, contact network and other devices of technological power supply, signalling systems, centralization, locking and management of train, facilities and properties intended directly to perform emergency recovery work ";
3) in The Law of Ukraine "On the list of objects of the rights of state property not subject to privatization" (Information of the Verkhovna Rada of Ukraine, 1999, No. 37, p. 332 with the following changes):
In the Office of the Administration of Mintrans, a list of the rights of state property that are not subject to privatisation shall exclude the following positions:
Main complexes of rail transport enterprises with their infrastructure in the territory of Ukraine
| 20078961 |
State Centre of Integrated Transport Services 252049, m. Kiev, ul. Umansk, 5 |
| 09585574 |
The Railway Car Repair Factory 349930, Lugansk, m. The Passover |
| 20770332 |
Strøyskaya car repair plant 293,500, Lviv Oblast, m. Whoa, whoa. Factory, 3 |
| 01124483 |
PCTB for the repair of locomotives 314601, m. Poltava, Vul. Gaeva, 30 |
| 14294471 |
"Darnytskyi Railway Repair Plant 252105". Kiev, ul. Almaty, 74 |
| 01124454 |
PCTB on wagons 253105, m. Kiev, ul. Almaty, 74 |
| 01074957 |
Donetsk Railway 340066. Donek, Woody. Artema, 68 |
| 01095770 |
Donetsk State Design Research Institute of Railway Transport "Donbass Project" 340002, m. Donek, Woody. The Chellians, 198b |
| 01059900 |
Lviv Railway 290604, m. The lions, the veil. Gogol, 1 |
| 01095801 |
Lviv State Design and Design Institute of Railway Transport "Lviv Project" 290007, m. The lions, the veil. Gogol, 1 |
| 01071315 |
Odesa Railway 270023, M. Odesa, wol. Chiykov, 17 |
| 01097199 |
Odessa State Design Institute of Railway Transport "Odesrail Project" 270023, m. Odesa, wol. Chichikov, 19 |
| 01073828 |
The Transnistria Railway 320028, m. Dnipropetrovsk, Vul. Karl Marx, 108 |
| 01097415 |
Dnipropetrovsk State Design Institute of Railway Transport "Dniprorail" 320038, m. Dnipropetrovsk, D. K. Marx, 108 |
| 01072609 |
Southern Railway 310052 m. Harks, Woody. Red Army, 7 |
| 01056362 |
Ukrainian State Center for the operation of specialized cars "Ukrspresyvagon" 313530, Kharkiv Oblast, Lozzewsky district, Panyutin, Vul. Lenin, 5 |
| 01095913 |
Kharkiv State Design and Design Institute of Railway Transport "UkrRailway Project" 310052, m. Harks, Woody. Red Army, 7 |
| 04713033 |
South West Railway 252034, m. Kiev, ul. Lysenko, 6 |
| 24210297 |
Ukrainian State Center of Railway Refrigerant Transport "Ukrreftrans" of Kyiv National, m. Fasts, ul. Red Path, 1 |
| 19014832 |
State enterprise of logistics and technical transport of rail transport "UkrRailways" 252049, m. Kiev, Povitrefleet Avenue, 23 |
| 21629133 |
The central link station of UkrRailways 252032, m. Kiev, ul. Chapaeva, 5 |
| 21579381 |
Main Information and Computing Center of UkrRailways 252030, m. Kiev, ul. Ivan Franko, 21/23 |
| 1069755 |
Ukrainian State Center for Transport Service "Lysky" 02092. Kiev, ul. Dodbusch, 22 |
| 1057491 |
"Vinnytsia State Enterprise" 21100, m. Winnie, pl. Heroes of Stalingrad, 1 |
| 31349738 |
State enterprise "Ukrainian Center for the Mechanization of Colic Works" 03680, m. Kiev, ul. Kachalov, 5a |
| 30268559 |
State enterprise "Scientific and Constructor Technological Bureau of the Coal Economy of UkrRailways" 49094, m. Dnipropetrovsk, Naberezhna Victory, 32 |
| 16296913 |
State enterprise "Design Technology Bureau of the Moving Stock Company" 04095, m. Kiev, the "Darnitz" wagon. |
| 31604528 |
"State Research Center of Railway Transport of Ukraine" 03049, m. Kiev, ul. Umansk, 5 |
| 1057574 |
State enterprise "Ravi-Ruka Shpaloprosodzyny plant" 80316, Lviv Oblast, Zhovkovskiy district, m. Реав-Руська, Vul Nailaika, 22 |
|
|
Number of objects-29 |
|
|
Total management authority-29; |
In the "Authority of the Mintrans" section of the list of entities the rights of state property not subject to privatisation, but may be corporatized, exclude the following positions:
Main complexes of rail transport enterprises with their infrastructure in the territory of Ukraine
| 00659109 |
Dnipropetrovsk thermal repair plant 320038, m. Dnipropetrovsk, Vul. Red Factory, 7 |
| 00740599 |
Lviv Locomotive Repair Plant 290018, m. The lions, the veil. Railway, 1a |
| 00480247 |
Kiev Electric Car Repair Plant 252048, m. Kiev, ul. Polzunova, 2 |
| 01056273 |
Заводный заводный заводавный Zaporozhye, Vul. Railway, 2 |
| 00260652 |
"Киїнський Electrotechnical plant" Transsignal " 252135, m. Kiev, ul. Gilyan, 97 |
| 00282435 |
Hwang Factory 287150, Vinnytsia Oblast, Tivrovsky District, m. Angry |
| 00282406 |
The Korostenian plant of the reinforced concrete fell 260003, m. The king, the veil. Mayakovsky, 130 |
|
|
Number of objects-7 |
|
|
Total control: 7; |
(4) Paragraph 1 of section VII "Final provisions" The Law of Ukraine "On renewal of the debtor's solvency or recognition of its bankrupt" (Information of the Verkhovna Rada of Ukraine, 1999, No. 42-43, pp. 378; 2001, No. 11, pp. 52; 2003, No. 24, p. 160; 2004, No. 22, st. 312; 2005, No. 33, pp. 430; 2009, No. 42, pp. 633; 2010, No. 9, pp. 88) complement the paragraph with this content:
"The provisions of this Act do not apply to enterprises, institutions and organizations of rail transport which are reorganised according to the Law of Ukraine" On the specifics of the formation of a public stock company Rail transport;
{Subparagraph 5, paragraph 5, of section III lost the validity of the Law No. 222-VIII of 02.03.2015 }
6) in Article 4-1 Law of Ukraine "On the permissive system in the sphere of economic activity" (Information of the Verkhovna Rada of Ukraine, 2005, No. 48, art. 483; 2010, No. 13, pp. 128, No. 46, pp. 547; 2011, No. 42, pp. 426; with changes made by the laws of Ukraine from 3 November 2011 No. 3993-VI and 9 December 2011 No. 4154-VI ):
(c) The third part of the seventh paragraph shall be added to the words " if not yet defined by the law
Add part to the thirteenth of the following:
" 13. In the cases defined by law, the legal successor to the host entity shall be entitled to fail the activity on the basis of permissive documents issued to such a host, within the line of their conduct to the registration of the documents leisure. on the legal successor of such a subject ";
(7) Paragraph third of the third article 12 Law of Ukraine "On Environmental Audit" (Information of the Verkhovna Rada of Ukraine, 2004, No. 45, p. (500) to be supplemented with the words "other than the law of cases".
6. The Cabinet of Ministers of Ukraine:
Take a three-month sentence from the day to take effect by the Act of Decision on the formation of a public joint-stock rail transport company in accordance with the requirements of this Act;
Submit proposals to the Verkhovna Rada of Ukraine for amendments to Law of the Republic of Ukraine "On the list of objects of law of state not subject to privatisation" Which is derived from this Act.
| President of Ukraine |
(...) (...) |
| Um ... Kyoto |
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