About the State privatization program

(Information of the Verkhovna Rada of Ukraine (VR), 2012, No. 39, pp. 466)

1. Cost The state privatization program for 2012-2014 (attached).

2. This Act takes effect from the day of entry into force By the Law of Ukraine "On Amendments to Certain Laws of Ukraine on privatization of the implementation of provisions of the State privatization program for 2012-2014" .

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THE STATE PRIVATIZATION PROGRAM
FOR 2012-2014

Section I
GENERAL PROVISIONS

1. privatization as a wide-scale socioeconomic project of the transformation of state ownership, the implementation of which was started in Ukraine in 1992, aimed at squeezing the lines to ensure the strategic positions of private property in the national Economics.

The process of privatization of state property contributed to the accumulation of private property objects, made irreversible market transformations. At the same time, Ukraine has not formed an effective property relationship system, which would provide the optimal use of national economic capacity and to contribute to the goals and tasks of socio-economic development. The privatization process is almost 20 years old.

2. The State privatization program for 2012-2014 (further-Application) identifies the goal, ways, ways, measures and tasks to privatize state property.

3. The terms used are as follows:

(1) A group of privatization objects-established by legislation to privatize the distribution of state ownership of the qualifiers with signs to the rational and effective application of the means of privatization (Group A, B, G, D, E, and W);

(2) A controlling interest in the share package, which according to Article 41 Law of Ukraine "On Joint Company Societies" Provides a quorum of voting shares at the general shareholders meeting, which gives the ability to owner (state or buyer) to have a decisive impact on the activities of the respective host entity;

(3) Pre-privatization training-optimization of the composition of property, maize rights and intangible assets, which can include the restructuring of enterprises of the public sector of the economy.

Chapter II
THE PURPOSE OF THE PROGRAM AND HOW TO ACHIEVE IT

4. The aim of the Programme is to promote the optimization of the public sector's share of the economy in market conditions, improving the efficiency of the economy, and enhance its competitiveness. The program is executed by:

(1) ensuring the high rates of privatization of state ownership facilities, which have no prohibition and restrictions on privatization and which are redundant to execute the state of their functions, do not use demand in buyers, are detriment and Low-cost;

2) the application of individual privatization plants that have strategic importance for the economy and security of the state, businesses with signs of dominance on the nationwide market of goods (works, services) and such that need special approach to what is being used in the process of producing unique resources and intangible assets (Group G);

(3) To promote involvement in the privatization of land areas on which the facilities of state ownership are subject to privatization;

4) to reduce the restrictions on privatization of state property entities, provided the negatively affected will not affect the implementation of the state of its functions, nor create a danger to the socio-economic and environmental conditions of society's life;

5) involvement in privatization of investors involved in the long-term development of businesses after privatization;

6) raising the level of attraction of privatization for investors, forming a positive image of privatization in Ukraine and the world.

Chapter III
WAYS TO ACHIEVE A GOAL

5. The high pace of privatization of state property facilities is expected to be ensured as a result of:

1) the involvement of privatization of a wider range of facilities of state ownership;

(2) To expand the circle of potential buyers by raising awareness of their awareness;

3) simplification of the procedures of preparation for privatization of facilities in order to reduce the cost of time;

(4) The introduction of simplified ways to sell public property facilities (except for a controlling stock of shareholders belonging to Group G) that are not in demand for potential buyers (unless the objects are sold out of application). in other competitive ways), in particular the way:

The sale price is based on lower prices to the level of actual demand without the limit of the minimum price of sales;

Scale of shares (regarding shares of shares which are owned by the state in terms of less than 25 percent of the statutory capital of the stock company) and the sale of their separate stock stock on stock exchanges;

Sales without a price declaration;

(5) The installation of specific lines of privatization of state property facilities-up to two years since the decision to privatize.

6. During the privatization of research and design organizations and institutions, their role in the maintenance of the national economy and enterprises is defined by the form of ownership of intellectual property rights.

7. For the most complete accounting of the features of enterprises and the markets of the excitation of their goods (works, services) privatization in individual fields is carried out with regard to the features defined by:

(1) By the laws of Ukraine:

" The peculiarities of the privatization of the property in the agro-industrial complex " -The property of the Agro-Industrial Complex;

"On the peculiarities of the privatization of objects of unfinished construction" -The objects of the incomplete construction;

"On the specifics of the privatization of enterprises belonging to the scope of the Ministry of Defense of Ukraine" -on enterprises belonging to the scope of the Ministry of Defense of Ukraine;

"On holding companies in Ukraine" -the holding company;

"On the legal regime of the territory of radioactive contamination of the Chernobyl disaster" -concerning the objects located in the area of assured voluntary resettlement of the territory caused by the radioactive contamination of the Chernobyl disaster;

other laws that establish the peculiarities of privatization in individual fields;

2) Code of Ukraine on the -of enterprises whose activities are related to the use of superpower.

8. To take into account the characteristics of the G-group during privatization on individual basis:

Conducting a pre-privatisation training of enterprises;

the sale of a controlling stock of shares with the determination of the conditions of post-privatization use of facilities, as well as requirements for buyers;

Engaging in competitive establishments of advisers (authorized persons) to work in preparation for privatization of enterprises which have strategic importance for the economy and security of the state, businesses with signs of dominance in the nationwide commodity market (works, services).

9. To ensure the privatisation of land on which the privatisation facilities are located, various modes of sale are introduced, which take into account the features of the facility and the demand for potential buyers, namely:

The alienation of objects of state property and land on which they are located as a single object. In the absence of a demand for potential buyers, the privatization of the state property is carried out separately, and the land area is transferred under the terms of the lease according to the law;

The inclusion of land plots to the statutory capital of the host societies and subsequent privatisation with the method of selling shares of shares (particles, paes).

10. Restrictions on the privatization of state property objects are carried out using the following methods:

Reducing the list of criteria for the removal of state property to those with universal value and are not subject to privatisation, subject to the reality of risk for national security, the quality of the state of its functions Management of such facilities and the feasibility of the production of socially important goods (works, services) on the enterprises of non-state ownership;

limitations of the basis for the consolidation of shares of shares in state ownership. The enshrined in state property may be subject to an exclusive control package;

A review of the list of enterprises whose shares the size of less than 50 percent of the statutory capital of the stock company were anchored (temporarily abandoned) in state ownership, with the purpose of transferring them to privatize;

removing packages of shares of shareholders and state property of societies, whose activities belongs to non-profile and non-core activities, from state holding companies, national and state-owned joint societies for further privatization, if the marked negative impact on the effectiveness of their activities and investment attractiveness.

11. An attachment to the privatization of investors in the long-term development of an object of state ownership is carried out using the following methods:

Taking into account the competition of the business plans of the business development plans of the enterprise after privatization;

the study of the conjuncture of the market for privatization sales, demand for privatization facilities, attracting investors ' privatisation of investors by raising awareness of potential buyers;

Granting guarantees to the rights of owners of privatised facilities by setting up a legislative level of exclusive conditions that are grounds for the dissolution of the purchase and sale agreement of the state and the return of the facility to the state property;

provide disclosure of information on potential buyers of facilities of privatization, their founders, participants, including individuals-end owners or persons, in the interest of which are purchased by state property, and their founders during sales of stock package (particles, paws), which accounts for more than 25 percent of the statutory capital of the host societies and the only major complexes.

In doing so, restrictions on the tolerance for privatization of public facilities for individual categories of buyers are established, namely for:

Legal entities registered in offshore zones or countries included from FATF to the list of countries that do not cooperate in the field of contravening the income of criminal income;

Legal entities in which the share of state ownership is more than 25 per cent;

persons who are directly or indirectly controlled by the aforementioned individuals.

12. To increase the attractiveness of privatization for investors and to create a positive image of privatization in Ukraine and the world is intended to provide:

Introduction of the sale of control packages of shares of shareholders, which belong to Group H objects, in contests with the openness of offering price on the principle of the auction, which will ensure the competitive and equal access of investors to privatization;

transparency and public decision making, determining the way and conditions of privatization, as well as all procedures for the preparation and sale of facilities that will contribute to the prevention of corruption;

The alienation of real state property and structural units separating from state property objects in the process of restructuring, solely on privatization procedures;

Support for the interests of labour groups and the leadership of the public sector enterprises in the privatization of their businesses by establishing priorities and benefits during the sale of shares;

transfer of 5-10 percent of shares of facilities that are of strategic importance for the economy and security of the state, facilities with signs of dominance in the nationwide market for goods (works, services) to sell small packages in the stock market. conditions to participate in privatization of the broad population of the population and will contribute to the development of the stock market;

The failure of advocacy and advertising activities on privatization, conducting public hearings, coverage of privatization processes by publishing relevant information in the media.

Chapter IV
GOAL-REALIZATION MEASURES

13. Three stages are performed.

During the first phase (and the half-year 2012), a legal, normative and organizational basis for the transition to privatisation on the provisions defined by the Programme.

The Programme's performance measures in the first phase include:

Make changes to the privatization legislation on the basis of the applications defined by the Programme;

To implement preprivatization and privatization of Group H objects on individual basis;

Reduction of restrictions for inclusion in the privatisation of public facilities;

The formation of a list of state property facilities that are subject to privatization during 2012-2013 years;

an organization of constant monitoring of the execution of the Program in order to conduct analysis of the state

During the second phase (the second half of 2012-2013), the sale of small and mass privatization of objects and facilities, the privatization of which began to take effect on the Programme.

The Programme's execution measures in the second phase include:

Involvement in the privatization of all groups of groups A, B, D, E and J, as well as those that have begun to take effect on the Programme, and the completion of their sales by the end of 2013;

The completion of the process of closing the certificate of privatization;

The introduction of the privatization of state property objects along with the land areas on which they are located;

the formation of the list of objects, the privatization of which is completed in 2013-2014.

During the third stage (2014) it is intended to end privatization as a large-scale socioeconomic project, preparing proposals for amendments to legislation in part of the definition of the functions of governance bodies, including the Fund State property of Ukraine, to ensure the transition from the privatization process to the sale of state property facilities as a function of management of state property objects.

The Programme's performance measures in the third phase include:

Completion of procedures for sale of facilities;

Preparation of proposals for amendments to legislation in the area of privatization in part of the re-orienting of the tasks of privatization of the bodies of privatisation and management of state property objects.

Section V
EXPECTED RESULTS

14. Execution of the Programme will allow:

complete a wide-scale process of transforming ownership relationships and optimize the public sector; create conditions for privatization of state property objects, further stay of which in state ownership is economically inappropriate; promote Ensuring economic growth;

reduce the share of the public sector in the economy to 25-30 percent of the domestic gross product. In the public sector, the economy will be formed by a manufacturing complex that is able to ensure the effective implementation of the state of its functions;

attract large amounts of private capital, including foreign, create powerful vertically integrated structures, competitive in the global market, to undertake production modernization, implement new technologies, create new species Products, implement modern management;

Create a base for the development of small and medium enterprise entities and adapting it to market conditions;

reduce the load on the state with the management of the state sector of the economy, which will ensure increased management efficiency.

Chapter VI
FINANCIAL RESULTS OF THE PROGRAM

15. The funds received from the sale of state property, including land areas on which the objects subject to privatization, other revenues, directly related to the privatization process, are credited in its entirety to the State Department. budget of Ukraine.

16. The forecast volume of revenues during the Programme to the State Budget of Ukraine for the sale and management of the state master is 40-60 billion hryvnias.

17. To ensure that the state-owned and corporate rights functions belonging to the state in the statutory capital of household societies must include a buyout by the state of the particles (rations, shares) of secondary emission, recovery The solvency of the debtors and the prevention of bankruptcy of enterprises with strategic importance to the economy and the security of the state.

18. The execution of the Programme shall be carried out within the limits provided by the Law on the State Budget of Ukraine for the appropriate year. The direct use of funds provided for the exercise of measures involving the privatization of state property is defined by the Law of Ukraine "On privatization of state property".

Chapter VII
APPLICATION EXECUTION CONTROL

19. Monitoring of the implementation of the Programme shall be carried out by the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Audit Chamber, the State Property Fund of Ukraine, the Anti-Monopoly Committee of Ukraine, the National Securities and Stock Commission, other executive bodies and law enforcement agencies in accordance with their own powers defined by the law.

20. The Special Monitoring Commission of the Verkhovna Rada of Ukraine on privatization takes control of the privatization of the legislation on privatization and implementation of the Programme.

21. The Audit Chamber shall supervise the implementation of the Programme by conducting prior analysis to review at its meetings and on Committee meetings of the Verkhovna Rada of Ukraine reports, holding financial checks of activities and execution of the Fund State property of Ukraine's plan of revenues to the State Budget of Ukraine.

22. Ukraine's security services are protected by the state's legitimate interests in the process of privatization, taking measures to prevent, identify and end corruption in the area of privatization.

23. State Property Fund of Ukraine:

In the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, provides an analytical reference for the progress of the Programme;

Informs the President of Ukraine and the Cabinet of Ministers of Ukraine on the progress of the execution of the Programme;

The Verkhovna Rada of Ukraine reports to the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine reports on the results of the implementation of the Programme.

24. The State Property Fund of Ukraine is not less often than once per quarter to hear the reports of the heads of regional offices of the State Property Fund of Ukraine on the execution of the Programme, organizes the monitoring of the execution of the Programme, and publishes its results. The State Property Fund of Ukraine is involved in conducting planned inspections of regional offices and representation of the State Property Fund of Ukraine by law enforcement representatives.

25. Personal responsibility for the execution of the tasks of the Programme is entrusted to the Chairman of the State Property Fund of Ukraine, the executive heads of the executive, authorized to manage the public domain, as well as in the heads of regional state administrations- The privatization of property in state ownership.

Chapter VIII
TASK TO ENSURE THE EXECUTION OF A PROGRAM