On amendments to some laws of Ukraine on privatization of provisions State privatization program for 2012-2014

(Information of the Verkhovna Rada of Ukraine (VR), 2012, No. 43, pp. 551)

{With changes under the Act
No. 1284-VII of 29.05.2014 , BBR, 2014, No. 39, pp. 2005}

Verkhovna Rada of Ukraine Orders:

I. Amend the laws of Ukraine to be amended:

1. In Laws of Ukraine "On privatization of state property" (Information of the Verkhovna Rada of Ukraine, 1997, No. 17, p. 122 with the following changes):

1) article 1 Set out in this edition:

" Article 1. The concept and purpose of privatization

Privatization of state property (hereafter-privatisation) is a paid alienation of property in state ownership, including a land-owned land area on which the privatisation object is located in favor of the physical and physical property. Legal entities that may be buyers in accordance with this Act, in order to increase the socio-economic efficiency of production and raise funds for the structural adjustment of the national economy ";

2) in Part 2 of Article 2 :

fourteenth paragraph Set out in this edition:

"To ensure the competitiveness of the sale if another is not defined by this Act";

paragraph 15 and Sixteenth exclude;

3) in Article 3 :

Second part of the second paragraph exclude;

Part three Set out in this edition:

" 3. Privatization of shares (particles, paes) belonging to the state in the statutory capital of economic societies, other economic organizations and enterprises based on the unification of the property of various forms of property is carried out in accordance with the legislation. With regard to the provisions of the constituent documents of such societies (organizations) ";

4) in Article 4 :

first part Set out in this edition:

" 1. The state privatization program (hereinafter-program) is being developed by the State Property Fund of Ukraine, approved by the Law of Ukraine for three years and acts until the completion of its execution ";

part two exclude;

Part three Set out in this edition:

" 3. The program defines:

Purpose;

ways, ways to achieve and measure the realization of a goal;

Tasks to ensure the execution of the Applications

expected results of the Program ";

5) in Article 5 :

the first part and Second Set out in this edition:

" 1. The following entities are owned by the bodies of government property:

enterprises (ceilings, manufacturing, divisans, other units, if in case of their self-sharing, technological unity of production from the main specialty of the enterprise whose structure they are allocated) as the only major enterprises the complexes, which include all kinds of property, are intended for their activities defined Civil Code of Ukraine including land-owned land on which they are located (hereinafter-the only major enterprise complex);

objects of incomplete construction and rightful objects, including together with the land areas of the state property on which they are located;

A separate individually defined property, including together with land areas of the state property on which this property is located;

Shares (parts, rations) owned by the state in the statutory capital of the host societies, other economic organizations and enterprises based on the unification of the property of different forms of property;

The objects of socio-cultural purpose, including together with the land areas of the state property, on which they are located, apart from those who are not privatized.

2. The privatization shall not be subject to entities that are of public importance, as well as the executed enterprises.

The public values are:

(a) The objects and possessions that ensure the execution of the state of their functions, ensure the defense capacity of the state, its economic independence, and the property rights of the Ukrainian people, the property that constitutes the material basis of the sovereignty of Ukraine:

The property of the authorities and local government bodies, the property of the Armed Forces of Ukraine (other than the property with which the law established the features of privatization), the Security Service of Ukraine, the State Border Service of Ukraine, the Civil Defence Forces, Public service of the special communication and protection of information of Ukraine, law enforcement and customs authorities, which directly provides the execution of these bodies established by the legislation of the tasks;

Nadra, mineral deposits of public importance, territory and objects of the natural-conservation fund of common importance, water resources, forest resources, other natural resources that are objects of ownership of the Ukrainian people;

The system of creation and retention of gold exchange reserves;

The emission system, the main complexes of enterprises and institutions that provide the release and storage of cash signs and securities;

Radio television transmission centres, as well as facilities that provide a liaison to the legislative and executive power;

Public radio channels and television channels;

The means of a government, a paramedic and a special connection;

Government registers, other information systems that are created and maintained by state budget funds;

(b) objects whose activity provides social development, conservation and promotion of the cultural, scientific potential, spiritual values:

National Archives, archives (archival institutions), documents from them, archival subdivisions, archival departments and libraries, cultural objects, art, including exceptional historical, artistic, scientific or other cultural value that are listed or not. Are subject to the State Registry of the National Cultural Heritage, as well as objects of architecture, memorial complexes, reserves, parks nationwide;

Memorials included in the list of monuments not subject to privatization;

Monuments of archaeology;

Monuments of the state museum of the Museum Foundation of Ukraine (museum items, museum collections and museum collections);

Documents of the State Library Foundation of Ukraine;

Output materials and filters stored in a filmobook;

Institutions of culture that provide public social standards in the area of service of the population of institutions of culture;

The objects of culture belonging to the main complexes of the institutions of the National Academy of Sciences of Ukraine;

The property of enterprises, institutions and organizations of the National Academy of Sciences of Ukraine, the branch academy of sciences used to perform fundamental and applied research, shares (parts, pai) of the host societies formed on the basis of mayors The complexes of the National Academy of Sciences of Ukraine, the branch academies of sciences;

Objects of education, physical culture, sports and science, funded from the state budget;

(b) The object control guarantees the protection of citizens from the effects of the effects of uncontrolled fabrication, use or distribution of hazardous substances:

nuclear materials, nuclear plants and objects designed to treat radioactive waste that have a public value;

Polygons, structures, structures, and equipment for the burial of solid industrial and household waste, scoreomers;

(g) The facilities that ensure the life of the State as a whole:

Reserve the state reserve regardless of its location, enterprise, institution and organization and other facilities entering the state reserve system;

The property of the State Criminal and Executive Service of Ukraine;

The property of enterprises, institutions and organizations of the national hydrometeorological service;

Materials of the State Information Geological Fund of Ukraine;

Materials and data of the State Cartography of Ukraine, topography-geodesic and cartographic materials created by state budget funds;

Public stages, other facilities providing the functioning of the State Metrological Service;

Road roads other than those belonging to enterprises (prior to the first branch outside of these enterprises);

The main features of rail transport enterprises with their infrastructure;

Metropolitan, urban transport;

The property ensures the integrity of the combined energy system of Ukraine and the dispatch (operational and technological) management, the backbone and interstate electrical networks;

Nuclear power plants, hydroelectric power plants, which provide water supply to consumers and to conduct hydromelyorative works;

The main oil and gas pipelines and the backbone of the pipeline serving the needs of the state as a whole, underground oil and gas storage;

Fire department units (fire departments, posts, administrative premises), special purpose vehicles that provide work related to the eradication of fires, effects of natural disasters;

the facilities of the engineering infrastructure and the well-being of cities, other settlements, including networks, facilities, equipment that are associated with the supply of consumers of water, gas, heat, and the waste and purification of wall waters;

of the Aquatoria of the ports, and the piers of all categories and appointments, ohororative and protective hydrotechnical structures, navigation equipment, alarm systems, port systems of engineering infrastructure and facilities of communication, energy supply, and Water, road and rail (before the first branch outside the port);

airfields and airfields (runways, steering tracks, apes, landing systems, ground communications, navigation, surveillance, other elements of airfields providing safety of flight);

Reservoirs and water channels for the integrated purpose, inter-host meliorative systems, hydrotechnical protective facilities;

the place of burial ";

part of fourth Set out in this edition:

" 4. List of non-privatized state enterprises and shareholders, state packages of shares that are not subject to privatisation, is approved by the Verkhovna Rada of Ukraine on the post of Cabinet of Ministers of Ukraine.

It is not subject to privatisation of state enterprises and corporate rights of the state in the joint-stock societies that:

(a) Provide national security or privatization of which creates significant risks to the security of the State:

Enterprises with the manufacture and repair of all weapons of the Armed Forces of Ukraine, others formed in accordance with the law of military formations, Security Service of Ukraine;

Nuclear power plants and enterprises operating in the handling of radioactive waste management;

Special objects connected;

Enterprise control;

Securities making;

enterprises providing safety of traffic in air space and navigation of water paths of Ukraine;

Enterprises carrying out topography-geodesic and cartographic work of the general purpose, preserve the materials of the State Cartography Fund of Ukraine and the State Information Geological Fund;

(b) Provide satisfaction with the social needs of society, which cannot be fully satisfied with the businesses in private:

Enterprises to manufacture and repair rehabilitation facilities for disabled persons;

National cultural institutions;

(b) There are high-tech export-oriented enterprises that shape Ukraine's competitive advantages in the international market and create a multiplicative effect for the development of related industries-enterprises that carry out the production of facilities Space activities;

(g) There are infrastructure-based infrastructure firms that need to maintain equal access to consumers of services in the public market:

National postal communications operator;

International airports.

It is not subject to privatisation of other public enterprises, under which the property rights are anchored by the property defined in part two of this article, and the shareholders, to the statutory capital of which the property is defined in part two. in this article, if these enterprises cannot continue their economic activity in the event of transfer of suitable property to other entities in the public sector of the economy.

The objects of state ownership specified in part two of this article are not subject to privatization regardless of their incorporation of the reference to the reference of the property rights of state property, which are not subject to privatisation, which is approved by the Verkhovna Rada of Ukraine ";

Part 5 Set out in this edition:

" 5. The decision on privatization and approval of the sale conditions of groups of Group G and the fuel and energy complex takes the Cabinet of Ministers of Ukraine in accordance with it ";

after Part 5 complementing the new part of this content:

" 6. The Cabinet of Ministers of Ukraine approves the list of state property objects, the decision on the privatization of which is taken in the order established by the Cabinet of Ministers of Ukraine. This includes:

enterprises, the share of government orders in which the last three years accounts for an average of no less than 70 percent of the volume of production;

enterprises that are competitive in the world market of high-tech products (more than 50 percent of the output of this output in the last three years is the products exported);

enterprises that are producing products according to interstate agreements;

research and design institutions that perform the development of public needs (government orders over the last three years is not less than 50 per cent of the development);

State radio and broadcaster;

specialized publishing houses issuing children ' s literature, textbooks and teaching manuals, scientific literature;

The main features of the aviation industry;

The main complexes of enterprises with forest recovery, forestry and forest protection, forestry, their units;

The main complexes of geodesy, cartography and cadastre enterprises;

Research and design institutions;

The main complex enterprises of standardization, metrology and certification, other enterprises conducting product certification and verification of its safety and compliance with established requirements;

The main complexes of bread and bread-healing enterprises, which provide the storage of products of the state reserve and the state intervention fund;

The main features of the salt industry enterprises;

The main complexes of businesses that produce alcohol.

The authorized authorities are systematically reviewed by a list of state-owned bodies defined in this part, and each year submitted to the central authority of the executive branch on the basis of the economy of the proposal. an object for the adoption of the Cabinet of Ministers of Ukraine decision on making changes to the list ".

Due to this parts of the sixth and Hereby Assume in terms of the seventh and eighth parts;

(6) complement article 5 - 1 such content:

" Article 5 - 1 . Classification of privatization objects

1. For the purpose of rational and effective application of ways to privatize the objects of privatization are classified under the following groups:

Group A are the only major complexes of state-owned enterprises, their structural units, which can be allocated to self-serving entities-legal entities (including those transferred to the lease, are in the process of restructuring) on which The average number of employees working for the reporting (financial) year of year does not exceed 100 people, and the volume of gross income from the implementation of products (services) for such period does not exceed 70 million hryvnias and/or cost of property that are not enough to Formation of a statutory capital of the host society, including land the areas of state property on which they are located; a separate individually defined property, including those with land areas of the state property on which the property is located.

A separate individually defined property is considered a moving and fixed property of state-owned enterprises (including buildings, structures, non-housing premises), the property left after the completion of the liquidation procedure of state enterprises recognized. bankrupt; the property of the enterprises liquidated by the authority of the authority authorized to manage the state property; the property of the state-owned enterprises that were not sold as the sole master complexes; the public property that did not enter into the statutory capital of the Comrades;

The group B are the only major complexes of state-owned enterprises (including those transferred to the lease), their structural units, on which the average number of reporting (financial) year exceeds 100 people, and the volume of gross income from implementation of products (works, services) for such a period exceeding 70 million hryvnia and/or the cost of property sufficient to form a statutory capital of a joint stock company, including those with land areas of state ownership they are located; shares of a joint-stock company formed in the process of privatization and Corporations (except group G); the only major complexes of enterprises and organizations of rural, fisheries and agro-industrial complex regardless of the cost of property and the average accounting number of working, including together with Land holdings in which they are located;

Group G-the only major complexes of state enterprises and shares of shareholders who at the time of the decision to privatize (sale) are of strategic importance to the economy and security of the state or signs of dominance in public the market of goods (works, services), the enterprises of the defense and industrial complex as well as entities defined by the governing bodies as they need to apply the individual approach to privatization (such as having unique production, use rare resources (intangible assets, know-how, including Research and design organizations and institutions that meet these requirements.

The enterprise, which has signs of dominance in the nationwide market of goods (works, services), is considered a venture that has a share of the nationwide market of goods (works, services) exceeding 35 percent, or together with one or two others. Enterprises have an aggregate share of more than 50 per cent, or more than four other enterprises having such a market share of over 70 per cent;

Group D-objects of uncompleted construction (buildings, structures, transmitting devices which are not put into service), complete objects, including those with land areas of the state property on which they are located;

Group of E-shares (parts, rations) owned by the state in the statutory capital of the business societies, other economic organizations and enterprises based on the unification of the property of various forms of property and the territory of Ukraine or beyond Borders;

The Group of Social and Cultural Property, including those of the state property, on which they are located, other than those who are not privatized.

Social-cultural purposes include objects of education, health, culture, physical culture and sports, tourism, art and press, television, radio broadcasting, publishing house; sanatorium resorts, homes and camps. rest, profiling; other objects designed to meet the social and cultural needs of citizens regardless of the value of property; objects of socio-cultural destination not included in the statutory capital of the host societies; be on the balance of businesses if such objects are not included in the property, which is transferred to communal property.

2. The objects of privatization belonging to groups A, D and W are the objects of small privatization ";

7) in Article 7 :

Second part of the second paragraph exclude;

in part three :

after tenth paragraph Add three new paragraphs to the following:

" conclude the evaluation of the assessment of the objects of privatization and of the land areas on which the facilities are located;

Negotiate an expert monetary assessment of land plots in order to deposit such land to the statutory capital of the host societies;

"We have to talk about developing the documentation of the land order".

In this regard, the eleventh paragraph of the 18th is to be considered under the paragraphs of fourteenth to twenty-first;

after the paragraph of Friday to complement the new paragraph of this content:

"make land ownership of the state property to the statutory capital of the host societies according to the legislation".

In this regard, the paragraph of the sixteenth-twenty-first is the paragraph of the seventeenth to twenty-second;

part of this exclude;

8) in Article 8 :

Part three Complement the paragraphs of the following content:

" State holding companies, government holding companies, government shareholders (companies), their subsidiaries and businesses;

Persons registered in the offshore area (such as the Cabinet of Ministers of Ukraine) or the countries included in the FATF in the list of countries that do not cooperate in the field of contravening the income of criminal income;

persons who are directly or indirectly controlled by persons defined in part the third of this article ";

in first part of fourth paragraph The word "Purchase" is replaced by the words "Potential buyers";

part of fourth Add a paragraph to the third such content:

" Together with a statement to participate in the privatization of an object of state property, information about potential buyers of privatisation facilities or individuals are purchased by government facilities, their founders, participants, including individuals- The end holders ";

Part 5 exclude;

9) Article 9 exclude;

10) I supplementing articles 10 - 1 and 10 - 2 such content:

" Article 10 - 1 . Pre-privatization training

1. Re-privatization preparations may make it possible to make a decision to privatize.

Preprivatized training of state-owned enterprises, as well as shareholders created in the process of corporatization, is carried out by the governing bodies of the order established by the Cabinet of Ministers of Ukraine, subject to requirements Legislation on the Protection of Economic Competition in the period prior to their transfer of the State Property Fund of Ukraine to privatize.

Pre-privatized training of state-owned enterprises may include the process of establishing joint-stock societies based on state property or property of the state enterprise (corporatization).

2. The implementation of pre-privatization training is carried out in accordance with the projects of pre-privatization training of enterprises. Projects of pre-privatization training of enterprises listed under Group G are approved by the Cabinet of Ministers of Ukraine.

3. During the pre-privatization training of enterprises:

" prohibits the transfer to the lease of the main complexes or structural units of such enterprises;

The authorized authorities have the authority to discover a public property that is not privatized, separate it and determine the conditions of its later use.

4. Preparation for privatization of shares (particles, paes) belonging to the state in the statutory capital of economic societies, other economic organizations and enterprises based on the unification of the property of different forms of property includes definitions of Constituent documents of such entities the size of the shares (particles, paes) belonging to the state, in the order established by the Cabinet of Ministers of Ukraine. To this end, the public authorities to privatize in the order established by the legislation and installation documents of enterprises:

Initiating the determination of the size of the shares (particles, paes) of the founders of enterprises, in the mayors of which are the state's share;

determine the size of the shares (particles, paes) belonging to the state in the statutory capital of such enterprises;

Agree with other founders (participants) of making relevant changes to the constituent documents.

5. During the pre-privatization preparation of facilities, the right of state ownership recognized in accordance with the current international treaties given to the duty provided by the Verkhovna Rada of Ukraine, the state body of privatization is carried out in in accordance with the legislative order of such ownership.

Article 10 - 2 . Formation of privatization tasks

1. The task of raising funds to the state budget from privatization of state property is determined by the Law on the State Budget of Ukraine for the appropriate year.

2. A list of privatization facilities belonging to Group G is approved by the Cabinet of Ministers of Ukraine for the presentation of the State Property Fund of Ukraine ";

11) in Article 11 :

paragraph 2 and third Set out in this edition:

" The publication of the list of objects that are subject to privatization, in the official printed editions of the government bodies of privatization and the local press;

the decision to privatize ";

in paragraph 5 the words "(except for the objects of small privatization)" to exclude;

12) in Article 12 :

first part Set out in this edition:

" 1. The privatization of the facilities can be privatized, authorized by the administration or purchase.

Authorized management bodies for the results of master activity analysis, master management or corporate rights they undertake, and with regard to the effectiveness of the use of property such entities Serve each year by the State authorities to privatize proposals on the incorporation of facilities of state property to the list of entities subject to privatization (in the sparse of groups identified by Article 5) - 1 in the order of the Cabinet of Ministers of Ukraine.

Empowered authorities conduct analysis of possible socio-economic results of privatization of enterprises with strategic importance for the economy and security of the state, businesses that have signs of dominance in the nationwide market goods (works, services), research (scientific and technical) institutions, forming enterprises.

Proposals regarding the incorporation of state property rights to the rejuvenation of the objects subject to privatisation are presented along with findings of the projected amount of funds from privatization of the proposed facilities and prognosis. The social and economic consequences of privatization.

The purchase of a single master complex or a controlling stake in conjunction with a statement is submitted to the business plan or feasibility study of the post-privatisation of the facility, as well as the reference of the State Tax Service Authority on the submitted declaration. about property and income (tax declaration) for buyers -- individuals.

Statements of privatization are submitted to the state bodies of privatization for the whereabouts of the object being privatized, in written form in the order established by the State Property Fund of Ukraine ";

in first part of second paragraph The word "month" is replaced by the figures and the word "20 days", and the words "body of the executive, authorized to manage this property", replace "authorized body of management";

in part three :

paragraph 2 and Fourth Set out in this edition:

"the company proposed to privatize, is in the process of elimination";

"Missing necessary documents submitted together with suggestions regarding the inclusion of an object to the list";

part of fourth Set out in this edition:

" 4. In the lunar period since the decision to privatize the property of the state enterprise the agency ' s management of this enterprise transfers in the established order to the state authorities to privatize the management function, other than property that is not subject to privatisation, including material carriers of classified information.

Since the decision to privatize an object regarding its property (real estate, other non-negotiable assets) and the land area of the state property on which the facility is located is prohibited:

Implementation of operations (actions), which may be the result of the alienation of the specified property, or the reduction of its value or the reduction of the size of the land area of state property;

exchange, a mortgage or capital of a property; write-off of basic means of residual value; free transfer and implementation of property to repay debt; transfer of property to rent; deposit of property to statutory capital of other household entities, transfer of property to management and implement operations with debt requirements and obligations (factoring), if the period since the adoption of such a decision, the sum of the value of the property felt, or obligations greater than 5 percent of the balance enterprises for the last reporting period, but not more as 250 minimum wage During the same calendar year;

Acts of action that can lead to a limit (drawing) of the rights to land of the state property on which the object is located;

Changing the nominal value or number of shares without changing the size of the statutory capital of the stock company;

Decision-making on increasing or decreasing statutory capital, in addition to increasing statutory capital by increasing the cost of its own capital of the society;

Decision-making on the termination of the economic organization by merging, accession, division, allocation, conversion.

If necessary, to ensure the effective functioning of the economic organization that is privatized, the actions are carried out by the agreement with the state body of privatization.

The stated limitations are not distributed to enterprises that are in the process of privatization and whose decision to restructure.

The limit is marked by the completion of the privatization of the facility ";

Add parts to the fifth and sixth such content:

" 5. The lines of privatization of the facility should not exceed two years since the decision on its privatisation.

6. The privatization of the object is considered complete since its sale or completion of the placement of all shares stipulated to the sale plan of privatization (placement of shares), and the solution of the relevant public privatization authority ";

(13) part of the second article 13 Supplement second-quarter paragraphs of the following:

" By the decision of the state body the privatisation can be created by the constantly acting commissions on privatization of the objects of individual industries, to the composition of which are included by the representatives of the governing central authorities (industry commissions). In the process of privatization of individual facilities, the work of the branch is involved in other interested persons defined in the paragraph of the first part.

Under the decision of the stated commission, experts may be involved (including a state expert on mystery issues), consultants, evaluators, and other specialists who have the right to vote at the meeting.

In order to ensure the publicity and transparency of privatization in the work of the commission on privatization can participate with the right to vote of the people's deputies of Ukraine ";

14) in Article 14 :

first part Complement the paragraph of the eighth such content:

"The authorized body of governance, which exercised the management of the state property before the decision on privatization";

in Part 2 :

in first paragraph The word "value" is replaced by the word "price", and the words "property that shall not be privatized" to replace the words "property that did not come into the statutory capital of the host societies";

paragraph-fourth Set out in this edition:

" Before the draft plan, privatization is added to the act of assessing the property of the privatisation object, which is composed of legislation and approved by the state body of privatization, or the report on the assessment of the object of privatization with an approved conclusion on its Cost ";

part of fourth Set out in this edition:

" 4. A draft privatization plan and an alternative working group plan or other buyers (in case of availability) are submitted to the relevant public privatization authority, which within 10 days required it (their) to consider and in case of According to one of them the requirements of this Act will be approved and brought to the knowledge of the bodies that delegated their representatives to the committee on privatization.

In the case of the relevant State of Privatization Government, the Commission on privatization is not approved for five working days to work it out and submit a retrial ";

15) in Article 15 :

in Part One :

paragraph of the third set in this edition:

"the sale of privatization objects at auction (including by price reduction, no price announcement)";

after the paragraph of the third paragraph to complement the new paragraph of the content:

"The sale of privatization objects in competition with the openness of offering price on the principle of the auction (hereinafter-contest)".

In this regard, the fourth paragraph should be considered fifth to eighth paragraph.

The seventh and seventh paragraphs of the seventh session are as follows:

"a buyout of privatization objects";

after the paragraph of the seventh supplement two new paragraphs of this content:

" Sale of shares in international stock markets, including in the form of depositary receipts;

in other ways, which are established by special laws governing the peculiarities of the privatization of objects of individual industries. "

In this regard, the eighth paragraph should be considered a paragraph by the ninth paragraph;

The ninth paragraph to exclude;

in Part 2 The word "open" to exclude;

in part three :

Paragraph 2:

"sales at auction (including by price reduction, no price announcement)";

after the paragraph of the second addition to the new paragraph of this content:

"Sales for the contest with the openness of offering price on the principle of the auction".

In this regard, the third-fifth paragraphs of the fourth paragraph should be sixth-sixth;

paragraph 5 and sixth to replace the four paragraphs of the following:

" The privatization of the objects of uncompleted construction can also be carried out by:

The establishment of an object of incomplete construction to the statutory capital of the society as a contribution of the state with the next privatization of shares (particles, paes) in the order defined by the constituent documents of the society and the legislation of Ukraine, after Completion of the relevant facility;

Sales sales.

Privatization of objects of unfinished construction is carried out with regard to the requirements Law of Ukraine "On the peculiarities of the privatization of objects of unfinished construction" ;

Part of the fourth edition:

" 4. Privatization of small privatisation facilities is carried out in accordance with Law of Ukraine "On privatization of small state-owned enterprises (small privatization)" ;

16) in Article 16 :

the words "The sale of objects" to replace the digital and the words " 1. Object Sales ";

Add parts to the second of the following content:

" 2. In the case of a single main complex offered for sale at auction, the competition was not sold, the state-owned privatisation body may decide on its restructuring (including the establishment of a joint-stock company).

3. In case of participation in an auction, the sale of a privatisation facility issued a statement from one buyer, the designated object could be sold directly to such a buyer for the proposed price, but not below the original price.

4. In case of an object offered for sale at auction, the competition is not sold, the state-owned privatization body can make decisions about the sale of such an object at auction by reducing price (except for the control package of objects in Group H), under the time of which to reduce the initial price of an object.

The price of the sale of an object at an auction by a method of reducing prices may decrease to the level of actual demand without the limit of the minimum price of the sale.

In case if the stock package offered for sale at auction, the contest is not sold, the state-owned privatization body can make decisions about the sale of such an object on the stock exchange, including by its split (except the controlling stock package). objects in Group H).

5. Facilities not sold at auction by the method of declining stock prices, including by fractions, are offered for sale at an auction without a price announcement.

An auction without a price announcement is made to the final sale of the facility.

In the event of an auction without the declaration, the cost of an object of sale is not defined, the initial price information is not included in the information message, which the content should meet with the requirements of Article 19 of that Act. The winner of the auction is recognized by the participant who offered the highest price.

6. For sale at auction without declaring prices can be offered by state packages of shares of stock companies, which will approve the Cabinet of Ministers of Ukraine for the provision of the State Property Fund of Ukraine, in case the joint stock company is Three years isn't going to fail.

7. Preparation for the privatization and sale of Group G objects may be carried out with the involvement of competitive advisors ";

(17) complement articles 16 - 1 -16 - 4 such content:

" Article 16 - 1 Sales of shares in international stock markets

1. The sale of shares in international stock markets is carried out in accordance with the legislation and regulations of the established markets with regard to the requirements of the depositary system in the order established by the Cabinet of Ministers of Ukraine.

2. The decision to sell shares in international stock markets takes the Cabinet of Ministers of Ukraine.

Article 16 - 2 . Ransom of privatization objects

1. The number of shares (particles, paes) belonging to the state in the statutory capital of economic societies, other economic organizations and enterprises based on the unification of the property of various forms of property is carried out in accordance with the legislation Privatization and with regard to the constituent documents of such societies.

2. The ransom of small privatization objects is carried out in accordance with Law of Ukraine "On privatization of small state-owned enterprises (small privatization)" .

Article 16 - 3 . Features of privatization of research and design organizations and institutions

1. Scientific and research and design organizations and institutions are subject to mandatory pre-privatization training.

Article 16 - 4 . Features of privatization of urban forming enterprises

1. For the purposes of this Act, the city-forming enterprise refers to the enterprise corresponding to one of the following criteria:

an enterprise that is employed at least 50 per cent of the total number of persons employed in the enterprises of the city (settlement);

the enterprise, which on its balance has the facilities of the social-communal sphere and the engineering infrastructure serving no less than 50 percent of the city ' s (settlement) population.

2. Inter-forming enterprises are subject to mandatory pre-privatization training ";

18) part two and Fourth Article 17 Set out in this edition:

" 2. The founders take a ten-day line after the privatisation plan of the Society's decision to form a founding treaty, approve the statute of the society and serve in the prescribed order of documents to the relevant body, which Authorized for public registration, for public registration of the society ";

" 4. Prior to the statutory capital of the society, public property transferred to the lease (except for the property which is not subject to privatisation and shall be transferred to hold or in the shelter of the household for contractual sands), and property that is the property of the tenant ";

19) in Article 18 :

in Part One :

paragraph 2 Set out in this edition:

" To shareholders created during the privatization or corporatization process do not apply the limitations set by the paragraph of the second part of the first and part of the second Article 5, provisions of Article 9, requirements of Part 1 of Article 24, position of the part Third Article 53 and paragraph of the third part of the first Article 73 (in part of cumulative voting) Law of Ukraine "On Joint Company Societies" to establish joint joint societies as well as their activities in the period prior to the implementation of the privatization plan (placement of shares) ";

Add a paragraph to the third such content:

"The creation of a joint stock company in the process of privatization, issue and placement of the shares of such a society is carried out in the order established by the Cabinet of Ministers of Ukraine";

Part three and Fourth exclude;

first part of the sixth paragraph exclude;

first part of the seventh paragraph Set out in this edition:

"The definition of the value of property that is further introduced to the statutory capital of the society is carried out on the methodology of evaluation of the property approved by the Cabinet of Ministers of Ukraine";

(20) article 18 - 1 Set out in this edition:

" Article 18 - 1 . Privatization of public property facilities along with land areas of state property

1. The sale of privatization objects along with the land area of the state property on which it is located, the inclusion of the value of land ownership of state ownership to the statutory capital of the household society is carried out after the definition of size and This is the land of the land.

The decision of the state body to privatize the sale of the facility to privatize the land ownership of the state's capital ownership is the basis for the land settlement of the respective land.

The work of work on agriculture is determined at competitive grounds in the order that is approved by the State Property Fund of Ukraine. According to the results of the competition with the executive works, the land assembly is a contract for the development of the documentation of the land order, in particular the party responsible for presenting the documentation of the land on the pursuit, by state examination. And for approval.

2. Evaluation of the privatization facility, together with the land area of the state property on which it is located, is carried out in accordance with the property assessment legislation and assessment activities for the methodology of valuing property approved by the Cabinet of Ministers of Ukraine.

The cost of a land property that is entered into the statutory capital of the host society is defined in accordance with land assessment legislation based on the results of an expert monetary assessment of such a site. A technique that is approved by the Cabinet of Ministers of Ukraine.

3. The sale of privatisation sites along with the land area of state ownership is carried out in accordance with the privatization legislation.

The purchase contract is subject to requirements Land Code of Ukraine For the notarial identification of the purchase of the sale and sale of the government, the following documents are submitted by the privatization authorities:

A copy of the order of the State Property Fund of Ukraine on the inclusion of an object on the list of the objects of state ownership subject to privatization;

A copy of the order of the State Authority to privatize the decision on privatization;