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About The Specifics Of The Lease Or Concession Objects Of Fuel And Energy Complex That Are In State Property

Original Language Title: Про особливості оренди чи концесії об'єктів паливно-енергетичного комплексу, що перебувають у державній власності

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LAW OF UKRAINE

On the specifics of the rental or concession of the facilities of the fuel and energy complex that are in state ownership

(Information of the Verkhovna Rada of Ukraine (VR), 2012, No. 18, pp. 157)

{With changes under the Laws
No. 5463-VI of 16.10.2012 , BBR, 2014, No. 4, pp. 61
No. 1253-VII of 13.05.2014 , BBR, 2014, No. 28, pp. 935}

This Act specifies the characteristics of a lease or concession for the individual facilities of the fuel and energy complex that are owned by the state property, the lease and concessional characteristics of such facilities.

Section I
GENERAL PROVISIONS

Article 1. Fuel and energy complex objects

1. For the purposes of this Act, the term "fuel and energy complex objects" is used in such a value-the holistic sets or system of the whole of enterprises of enterprises, their structural units (branches, cees, dials), which are: provide (intended) and sufficient for the failure of economic activities in the sphere of coal mining and lignite (brown coal), its refining.

2. A list of property that is part of the facility of the fuel-energy complex, which is in state ownership (further-the object of the fuel-energy complex) and is transferred to the lease or concession, is determined by the treaty.

Article 2. Scope of this Act

1. According to this Act, the lease or concession shall be subject to the following objects of the fuel and energy complex:

on which modern technology can be involved and need to be modernized (technical retooling) of the technological process;

The cut and processing mines that are unpromising and are subject to closure;

objects of incomplete construction and the rightful facilities of state property that can be added to their use for the failure of coal mining and lignite (brown coal), recycling.

2. The relationship on the lease or concession of the fuel and energy complex facilities not regulated by this Act shall be regulated Civilian , Master , Land Codes of Ukraine, laws of Ukraine "On Concession" , "On the lease of public and communal property" Other legislative acts.

Article 3. Authority authorized to make decisions regarding the feasibility of the transfer of fuel and energy complex to the rent or concession

1. The decision concerning the expediency of the transfer facilities of the fuel and energy complex in lease or concession is accepted by the governing body of the administration-the central body of the executive branch that implements state policy in the fuel and energy complex (further) -Administration Authority).

{Article 3 with changes made under the Act No. 5463-VI of 16.10.2012 }

Article 4. Entities being transferred to lease or concession of fuel and energy complex objects

1. The owner of a fuel and energy complex object can be a legal entity.

2. The person with which the lease or concession agreement is signed on the facility of the fuel and energy complex is required for 12 months from the present day of the agreement (from the day of entry of the facility into service if the object was built, completed or In accordance with the terms of the concession contract) to bring its logistical base and staff to compliance with the conditions of economic failure, for which the object is taken in lease or concession, and to obtain the necessary A permit for the purpose of the work.

3. During the lease or concession of a fuel-energy complex for the period of receipt of the tenant or the concession of the necessary permissive documents the tenant or the concession is eligible for the application of the rent or concession Based on the permissive documents issued to the enterprise, the holistic assembly of which (its structural unit) was rented or transferred to concession, but not more than 12 months from the day of the lease or concession agreement.

Article 5. Initiative on the transfer of fuel and energy complex to lease or concession

1. The decision concerning the expediency of the transfer of a fuel and energy complex in lease or concession is taken by an authorized body of management at the initiative:

Legal persons who may be tenants or concesiers in accordance with this Act;

the empowered authority.

Statement (representation) containing the initiative to transfer the facility of the fuel and energy complex to the lease or concession, the interests of the person shall serve as an empowered authority to consider. According to the results of the review, the authorized body of the agency accepts decisions about the transfer of the facility of the fuel and energy complex to the lease or concession or failure of its transfer to the lease or concession.

According to the results of the statement (representation), efficiency analysis and feasibility study on the lease or concession of an object of the fuel-energy complex of the authorized body of the agency takes decisions on the feasibility of the transmission of the facility A fuel and energy complex on a lease or concession that informs the initiator of the statement (representation).

When deciding on a proposal to transfer an object of fuel and energy complex to either the lease or concession or failure of its transfer to the lease or concession of the conclusions of the bodies of the Anti-Monopoly Committee of Ukraine on the possibility of rent or Concessions and provisions of the contract of lease or concession are not binding.

2. In the case of the adoption of the authorized body of the transfer in lease or concession of the facility of the fuel and energy complex, which is in state ownership, is carried out by the organizational and technical preparation of this facility prior to the transfer On loan or concession. Upon completion of such training, a contest for the right to receive an object in lease or concession is announced.

The announcement of the contest for the right to receive an object in lease is carried out by the State Property Fund of Ukraine for the presentation of the empowered authority within 10 working days from the present day of submission. The representation of the authorized management body must necessarily contain information about the object offered to the lease (naming, characteristics, etc.); the object on which the object is leased; the schedule of the annual reduction of public support to A partial cover of costs from the cost of products for carbon-mining enterprises.

The declaration of the contest for the right to obtain an object in concession is exercised by the authorized body of management.

The announcement of the contest for lease, the declaration of a concession contest must necessarily contain information about an object offered for rent, concession (naming, characteristics of a concession object); the lines on which the object is leased, concession; schedule the annual reduction of public support to a partial cover of costs of the cost of products for carbon-mining enterprises.

Article 6. Technical-technical preparation of fuel and energy complex facilities prior to rental or concession

1. In terms of the authorized authority, but not more than six months on the day of the decision on the expediency of the transmission of the fuel-energy complex, which is in state ownership, on loan or concession, authorized The management body, with an enterprise, whose master or operational management of which is such an object, carries out its organizational and technical training for rent or concession.

2. The logistical preparation of the fuel and energy complex facility prior to rental or concession includes:

Conducting an inventory of basic means and commodity-material values within such an object;

Organizing technical and building documentation on such facilities;

determining cost of an object according to Property estimates , approved by the Cabinet of Ministers of Ukraine. At the same time, the cost of the industrial reserves is not available. The assessment of the facility, which is transferred to the lease or concession, is carried out in accordance with the property assessment legislation, property rights and professional evaluation activities at the expense of the enterprise, on the balance of which an object is held;

{KM Regulations No. 1891 , No. 1222 }

The allocation of the land area attached to the object, on the basis (on the location), the design of land-ordered documentation;

The economic rationale for the feasibility and provision of public support for the cost of cheaper credit for capital loans and partial cost coverage of products cost for the carbon-mining enterprise is the tenant or the assembly of the facility. The fuel and energy complex according to the law on the State Budget of Ukraine for the appropriate year is no more than five years with the mandatory annual decrease of the load on the State Budget of Ukraine according to schedule.

3. Unimaturely with the organizational and technical training of the governing body, together with the central body of the executive branch, which provides the formation of public policy in the field of economic development, prepares the project of competitive documentation on concessions, a conjunction with the State Property Fund of Ukraine-on the lease that includes:

{Paragraph of the first part of the third article 6 with changes made under the Act No. 5463-VI of 16.10.2012 }

The qualification requirements for the competition and the conditions of the competition;

instruction for applicants (including information and requirements for the order of competition, development and design of applications and competitive proposals, information on the qualification requirements and conditions of the competition, information concerning the lease object) or Concessions to be held in a statement to grant consent to the body of the Anti-Monopoly Committee of Ukraine at the receipt of an object in lease or concession);

Draft treaty;

information about the announcement of the contest

Article 7. Facility for rental of fuel and energy complex facilities

1. In the lines defined by an authorized body of management, but not more than 10 working days from the day of the adoption of the transmission of the fuel and energy complex facilities in the lease, the authorized body of the department is promulgated in print. the media and on its official website information on the decision and list of documents, which, together with the statement of intent to lease the fuel-energy complex, are given an interest in the authorized person the authority, as well as the lines of submission of such documents.

In the lines defined by the governing body, but not more than 30 calendar days from the day of publication of the specified information, individuals who intend to rent a fuel and energy complex are fed to the empowered authority. statement and documents whose list is defined by the governing body of management and which is promulgated by the paragraph of the first of this article.

Mandatory documents are submitted by statutory documents; financial and economic and statistical information about tenants; investment plan for exploitation and development of rental facility; information confirming the applicant ' s ability to provide adequate funding. Activities; experience of exploitation of the fuel and energy complex facilities and the possibilities of technological and organizational support of the relevant kind of activity.

According to the results of the submitted documents, the agency's authorized body makes decisions about the possibility of participation of an involved person in a contest on the right of rent and written informing such a person about the decision.

2. After the organizational and maintenance of the facility for the fuel-energy complex prior to the lease and review of the authorized persons, according to the part of the first article of the documents authorized by the authority authority State Property Fund of Ukraine:

the presentation of a competition on the right of renting an object of a fuel-energy complex, which should necessarily contain information about an object offered to the lease (naming, characteristics, lines on which the object is leased, the graph The annual reduction of public support for the net worth of loans for capital loans and partial coverage of costs with the cost of products for the carbon-mining enterprises);

Documents issued by individuals who have been authorized by the Office of the Office for the opportunity to participate in the rental competition;

Suggestions for the terms of the competition, terms of the loan contract;

Proposal for a nomination to the competitive committee.

Functions on the management of the object of the Fund of the State Property Fund of Ukraine are not transferred.

3. The Fund of State Property of Ukraine for 10 working days after receipt of the authorized authority management body and specified in part 2 of this article by the consent of the authorized body of management:

Forms a competitive commission, approves its composition and work order;

Approves the competitive documentation;

Declares a contest

determine the size of the registration fee to participate in the competition (in size from one to one thousand untaxable minimum income of citizens).

4. Prior to participation in the rental competition, the fuel-energy complex is only permitted by the tenants who have received the relevant conclusion of the authorized authority of the authorized authority to make a lease on such an object.

5. The State Property Fund of Ukraine in a ten-day period after the approval of competitive documentation holds the official printed edition of the State Property Fund of Ukraine and on its official website information about the announcement of the competition, which, in particular, must contain information about:

an object that is offered for rent, naming, characteristics;

The object on which the object is leased;

Lines of submission for participation in the contest;

The size of the registration fee;

The date, time and place of the disclosure of competitive proposals;

The results of the competition are announced;

The annual reduction of government support for the price of loans for capital loans and the partial cover of costs of the cost of products products for carbohydrate enterprises;

address, phone numbers and other contact information of the competitive commission to obtain additional information;

Qualification requirements for the competition.

6. Requests for participation in the contest are served within 30 calendar days from the day of the announcement of the competition. Persons who have submitted such applications are considered to be applicants to participate in the contest.

7. The statement of participation in the contest shall be noted as follows:

The complete naming of the applicant;

Data on its official registration;

A copy of the message of the authorized authority to participate in the competition;

Information confirming the possibility of the applicant to ensure adequate funding for its activities;

Information on the existence of the experience of operation of the fuel and energy complex facilities and the possibilities of the technological and organizational support of the relevant activities;

Other information, including confirmation of the conformity of qualification requirements.

8. Ten-day term commission after the receipt of the application is considered to be subject to completeness of the submitted information and compliance of the applicant established by the qualification requirements and the results of the acceptance decision the application, which reports to the applicant in the six-day row.

The applicant, whose application is rejected, may reapply for participation in the contest in case of the removal of circumstances resulting from the failure of its rejection.

Applications received prior to the contest after the completion of the established line, the competitive commission is not considered.

9. The pretenders, the Competitive Commission after the payment of the registration fee, provides competitive documentation and other necessary information (documents) for the preparation of the competitive offer, including information about:

Conditions for provision of land if necessary for appropriate activities;

the scope of work to be funded by the tenant;

the scope and quality of goods, works and services, fabrication, execution and providing which guarantees the rent;

The main duties of the tenant;

Special requirements for the provision of sanitary and epidemics of the population, environmental protection and labour protection;

Terms of the lease agreement.

10. Pretrends over 70 calendar days from the day of the announcement of the competition are presented by the competition commission of the competition proposals and become participants of the competition. Applicants have the right to withdraw the submitted proposals and apply for them to the end of a set of proposals.

11. Competitive proposals made to the competitive commission after the end of the established line, the competitive commission is not considered.

12. In the case of no competitive offer, a new contest is announced.

13. During two working days after the completion of the established contest, the Competitive Commission reveals the competitive proposals and during the 15 calendar days determines their correspondence with competition documentation, prepares conclusions about defining the best lease conditions offered by the participants of the competition (the rent size, investment project rates, including investment volume, technology modernization and production development program, social security level) (a).

The winner of the competition is recognized by the challenger who proposed the best rental conditions according to competitive documentation.

14. Based on the conclusions of the Competitive Commission of the State Property Fund of Ukraine, with the approval of the governing body for 10 calendar days, the decision to determine the winner of the competition, which is not later than five days from the day The decision tells the winner and the other members of the competition.

15. In the case of a competitive proposal submitted by only one participant, the State Property Fund of Ukraine, under the agreement with the authorized body of management, decides on the recognition of such a participant the winner of the competition, if in accordance with the conclusion of the contest The commissioners are represented by the competitive documentation.

16. With the winner of the contest after the approval of all conditions and approval by the authorized body of management of the final edition of the Fund of State Property of Ukraine, renting a contract of rent.

The terms of the agreement concluded with the winner of the contest should not be different from the terms of the competitive offer which became the basis for recognition of its winner.

17. The spores associated with the conduct of the competition are considered in court order.

Article 8. Concessive Competition

1. Upon completion of the organizational and maintenance training facility of the fuel and energy complex prior to the transfer to the concession of authorized body of management:

Approves the competitive documentation, including the qualification requirements for the competition and the conditions of the competition;

Forms a competitive commission, approves its composition and work order;

Declares a concession contest

determine the size of the registration fee to participate in the concession competition (in size from one to one thousand untaxable minimum income of citizens).

2. The authorized body of management in a ten-day period from the day of approval of competitive documentation accommodates the printed media and on the official website of the authorized authority of the Office of the Concession the competition, which, in particular, should contain information about:

the object that is offered to the concession, naming, characteristics;

the object on which the object is transferred to a concession;

Lines of submission for participation in the contest;

The size of the registration fee;

The date, time and place of the disclosure of competitive proposals;

The results of the competition are announced;

Qualification requirements;

The annual reduction of government support for the price of loans for capital loans and the partial cover of costs of the cost of products products for carbohydrate enterprises;

address, phone numbers and other contact information of the competitive commission to obtain additional information.

3. Requests for participation in the concession competition are served within 30 calendar days from the day of the announcement of the competition. Persons who have submitted such applications are considered to be applicants to participate in the contest.

4. The application for participation in the concession contest shall be noted as follows:

The complete naming of the applicant;

Data on its official registration;

Information confirming the possibility of the applicant to ensure adequate funding for its activities;

Information on the existence of the experience of operation of the fuel and energy complex facilities and the possibilities of the technological and organizational support of the relevant activities;

Information about compliance with the qualification requirements.

5. Ten-day term commission after the receipt of the application is considered to be subject to completeness of the submitted information and compliance of the applicant established by the qualification requirements and the outcome of the application or its deviation, which reports to the applicant in the six-day row (in case of rejection-for the rationale of the cause).

6. The pretenders whose requests were adopted, the Competitive Commission after the payment of the registration fee, provides competitive documentation and other necessary information (documents) for the preparation of competitive proposals, including information about:

Conditions for provision of land if necessary for appropriate activities;

the scope of work to be funded by the concierunner;

the scope and quality of goods, works and services, making, performing and providing which guarantees the concession;

The main duties of the concessionaire;

Special requirements for the provision of sanitary and epidemics of the population, environmental protection and labour protection;

terms of the contract

7. The pretender, the application of which is rejected, may reapply for participation in the contest in case of the removal of circumstances resulting in its rejection.

8. The claims made to the competitive commission after the end of the established line, the competitive commission is not considered.

9. Pretrends over 70 calendar days from the day of the announcement of the competition are presented by the competition commission of the competition proposals and become participants of the competition.

Applicants have the right to withdraw the submitted proposals and apply for them to the end of a set of proposals.

10. Competitive proposals made to the competitive commission after the completion of a fixed line for their submission, the competitive commission is not considered.

11. In the case of no contest member registered, a new contest is announced.

Within two working days after completion of the established contest, the Competitive Commission reveals the competitive proposals and within 20 calendar days considering the competitive proposals, determining their correspondence Competitive documentation, prepares conclusions on determining the best conditions of concession (size of concessions, indicators of investment project, in particular investment, technological process modernization and production development) Providing social guarantees).

The winner of the contest is recognized by the challenger who proposed the best conditions of concession.

13. Based on the conclusions of the Competitive Commission, the Office of Commissioners is not later than within 10 calendar days the decision to determine the winner of the competition, that the competitive commission is not later than within five days of the decision-making. tells the winner and other members of the competition.

14. In the case of the competitive proposal submitted by only one participant, the governing body shall decide on the recognition of such a participant the winner of the concession contest, if in accordance with the conclusion of the competition commission. The proposals correspond to the competitive documentation.

15. With the winner of the concession competition after the approval of all conditions, the governing body shall conclude the concession agreement.

The terms of the agreement concluded with the winner of the contest should not be different from the terms of the competitive offer which became the basis for recognition of its winner.

16. The curses related to the concession competition are dealt with in a court order.

Article 9. Terms of the lease or concession agreement of the fuel and energy complex

1. The significant conditions of the contract of lease or concession of fuel and energy complex objects other than designated laws of Ukraine "On Concession" and "On the lease of public and communal property" , there are:

1) in economic activities:

the order and conditions of the restoration of the transferred to the lease or concession of the object and its return;

the order and conditions of the retirement of property within the lease or concession object;

Obligations of the treaty to ensure the preservation of the transferred into the lease or concession of an object;

Obligations for the maintenance of an object of rent or concession in accordance with the requirements of state standards, norms and regulations acting in the relevant area of activities;

A loan or concessionaire regarding the use of the transferred to lease or concession of an object according to the purpose of the production activity of the enterprise, which had previously carried out the operation of such an object, concerning the extraction of a stone coal and lignite (brown coal), its refining in guaranteed volumes and proper quality;

The order of exercise is authorized by the governing body, along with the State Property Fund of Ukraine Control of the Status of Transferred Entities;

The order of the implementation of the governing body of control of the state of the object transferred to the concession is;

The responsibility of the parties, including the responsibility of the tenant or the concessionaire for the safety of the operation of the object;

Ensuring production of products in volumes and by designated quality indicators;

Ensuring the application of rational, environmentally friendly and non-harmful technologies;

To provide measures for the integrated use of the interior;

Malnutrition of the selective forgery of the reserves, the supranational loss of fuel and energy resources;

ensuring the preservation and accounting of materials as well as waste production required, but not temporarily used;

ensuring the introduction of land that is released by the tenant or the conseholder, in a state suitable for use, according to Land Code of Ukraine ;

Taking measures to prevent a possible harmful (dangerous) impact of the consequences of accidents arising in an object passed to a lease or concession, and natural disaster;

Execution of installed mobilization tasks

ensuring the execution of environmental requirements and other requirements provided by legislation on environmental protection, and the solution of the eco-hydrogeologic problems that arise in the operation of the objects transferred to the lease or Concession;

Ensuring continuous monitoring of the environmental state of the environment;

2) in economic activities:

Reducing the reduction of debtor and creditor debt;

Ensuring timely payment of taxes and fees, insurance contributions;

Providing monthly salary payments to employees of the enterprise in the line stipulated in the collective agreement;

Increase the wage level with regard to inflationary processes and according to conditions defined by the industry agreement;

To ensure that the salary repayment is made at the time of the transfer of the facility;

Insurance for rent or concession and investment obligations by tenant or concessionaire;

The investment or concession of renting or concession items;

the amount of work required to be funded by the concierunner, and/or the list of property to be created by the concessioner;

3) in social activities:

Ensuring the proper level of safety of work and labour protection;

Provision of medical and sanitation services to employees of enterprises;

Ensuring the preservation of the collective bargaining agreement of the number of jobs;

To ensure the implementation of the requirements of the sectoral agreement and the collective agreement of the enterprise

2. In case the object of rent or concession is the entire master complexes, the system of holistic complexes of enterprises that provide (intended) and sufficient for self-failure of economic activity in the field of mining coal and lignite (brown coal), its refining, the essential conditions of the contract of lease or concession, apart from the defined part of the first of this article, is:

Malnutrition of developing and compatible coal deposits as a result of mining, ensuring the preservation of the reserves of coal deposits;

Provision of submission in established lines to relevant public reporting bodies for coal mining, reserves and loss of coal in the interior, state and length of mining activities;

Providing annual calculations and the approval of volumes of docs in the order established by the Cabinet of Ministers of Ukraine;

ensuring the formation of a financial reserve for the closure of carbon enterprises in Order established by the Cabinet of Ministers of Ukraine;

Providing free delivery of coal to the household needs of workers and pensioners.

3. In the case of the transfer or concession of an object of the fuel and energy complex, the termination of the state enterprise which carried out the operation of the facility prior to its transfer to the lease or concession shall be determined by the treaty A guaranteed number of employees, who are exempt from the termination of such an enterprise, will be employed by the tenant or the concession holder, and the conditions for the selection of such workers.

4. In the case of the need to obtain authorization for the concentration of master's subjects in accordance with the requirements of the law on the protection of economic competition, the treaty must contain a delayed condition for lease or concession rights after Obtaining the relevant authorization of the organ of the Antimonopoly Committee of Ukraine.

5. The contract of lease or concession may designate a complex of additional tenant obligations or a concessionaire to improve the quality of service and/or development of an object of rental, with the concession being less than five years.

Article 10. Notarial identification of the rental contracts of the fuel and energy complex

1. Talk of rental of fuel and energy complex objects to the notary's event.

2. The purchase of the notary agreement of the contract of lease carries the rent.

Article 11. Report (accounting) of the lease or concession of the fuel and energy complex

1. Unregistered contracts or concessions in the fuel-energy complex are subject to registration.

Registration of the lease agreements is made by the State Property Fund of Ukraine.

The registration of concession agreements is exercised by the governing body.

Registration is a message and is made free of charge.

2. The governing body of management after the establishment of the lease agreements leads to their accounts.

To carry out the lease of a contract of lease, the tenant delivers within 10 working days from the notary certification of the contract authorized to the authorized body of the application of arbitrary form, original (photocopy, notarized copy) of the agreement, the certificate of evidence. on the state registration of the loan as a legal entity.

{Paragraph 2 of second article 11 of the changes under the Act No. 1253-VII of 13.05.2014 }

Within five working days from the day, the issuing authority's authorized authority takes the contract and within five working days from the day of receipt of the account sends a letter of confirmation to the registration number. the contract and date of accounting.

3. Overtaking this article is the registration of the concession contracts, the lease agreement authorized by the management body is one of the conditions for which funds from the State Budget of Ukraine to the state budget for the investment and private sector are possible to allocate funds from the State Budget. Covering costs from the cost of products of fuel and energy complex products transferred to the lease or concession.

Chapter II
FUEL AND ENERGY COMPLEX RENTAL FEATURES

Article 12. The rental features of the fuel and energy complex facilities of the state property

1. Orendaru is owned by the right to use the fuel and energy complex. The property is leased to the state property.

2. Orendar provides in accordance with the terms of the contract of use of the leased facility of the fuel and energy complex according to the intended purpose according to the production profile of the enterprise that had previously carried out the operation of such an object. To produce and provide appropriate goods and services, the tenant may involve other legal entities on the terms of the contract of the charge (the provision of service).

3. The Orendar shall not be transferred to the sublease of a fuel-energy complex.

4. Products and revenues resulting from the use of the leased facility of the fuel and energy complex belong to the tenants.

5. The current renovation of the leased facility of the fuel-energy complex conducts the lease on its own account. The overhaul of the rented object is conducted in a defined lease of the lease of the line by the depreciation of the depreciation.

6. The risk of accidental destruction and accidental damage to a rented object is carried by a tenant. The tenant suffers from a rented object in its favor.

7. The termination of the state enterprise or its structural unit, which carried out the operation of an object before its transfer to its lease, is carried out by its elimination by the decision of the authorized authority.

The tenant becomes the legal successor of the rights and duties of a designated state enterprise according to the contract of lease, and in the case of the rent of a whole, the whole of the structural unit of the structural unit is the successor of the rights and obligations of the state enterprise, associated with the activities of such a structural unit.

8. Control of the use of the fuel-energy complex and the lease of the terms of the lease agreement shall be carried out by the governing body of the administration and the Fund of State Property of Ukraine in a manner defined by the agreement of the lease.

9. The cost fee for the use of the fuel-energy complex is rented out in cash, regardless of the results of its economic activities in size and lines defined by the lease agreement.

10. Land areas that are necessary to accommodate and operate the facilities transferred to the lease are provided by the tenants outside the competition by making the lease agreements of the land area with the tenant.

Article 13. Conditions for improving the rented facilities of the fuel and energy complex

1. The State retains ownership of the fuel and energy complex facilities, including restructured or technically outfitted tenants through amortization deductions.

2. The depreciation on the rental of a fuel and energy complex is carried out by the landlord or authorized by it. On the sum of the estimated amortization deductions, the tenants are reported to the same quarter in the line rental agreement. On the sum of the amortization deductions (but not more on the amount of rent) the amount of rent that is payable will be paid by the rent for the appropriate period.

On the sum of the amortization deductions for which the rent amount was reduced, the tenant is owed in order and lines defined by the lease agreement, to be charged with the loan with the landlord to improve the rental facility.

The Orendar facility of the fuel and energy complex is entitled to carry out its own funds for reconstruction, technical reequipment, improvement of rented property.

Any improvement of a rented facility of a fuel-energy complex that cannot be separated from a rented object without damage, can only be carried out by the tenant only by the consent of the landlord and the authorized management body.

Article 14. Fuel and energy complex lease agreement lines, the basis of its pre-order termination

1. The structure of the lease agreement of a fuel and energy complex object is determined by the parties during its completion and is noted in the treaty itself. Such lines cannot be less than two and more than twenty-five years old.

2. The agreement of the lease of a fuel-energy complex for more than three years is considered to be fixed since its notary license in established law.

3. The fuel-energy complex must be leased not later than six months from the day of the lease agreement. The transfer of an object to the lease by the landlord and the tenant is composed of an act of acceptance.

4. The lease of a fuel and energy complex facility is discontinued in the case of:

The destruction of a rented object-from the moment of the establishment of such destruction;

The liquidation of the legal entity is a tenant;

Termination of business loan activities;

systematic failure or gross violation of lease terms, non-recipient of the lease for 12 months from the day of the contract of relevant permissive documents on the failure of economic activities, and in other cases, By the decision of the court;

Mutual consent of the parties.

5. The termination of the lease agreement does not release the parties from the enforcement of the obligations under the Treaty, which at the time of its termination remained unimplemented. The obligation to produce and/or to provide appropriate goods and services in an established volume and proper quality of the tenant carries the return of the leased facility to the landlord.

6. With the purpose of providing production and/or providing appropriate goods and services in an established volume and proper quality, the landlord has the right to request termination of the lease for the contract of up to three months, except in cases Termination of the contract in case of the destruction of the rented object.

7. In case of termination of the action of the lease agreement, the lease is obliged to return the tenant objects to the lease on the line and on the conditions defined by the Law and the Treaty, and to provide documents confirming the absence of any obligations for the object of rent.

Article 15. Return order of fuel and energy complex objects in case of termination of the lease agreement

1. In case of termination of the lease agreement (excluding termination of the contract action due to the destruction of the leased object), the fuel-energy complex must be returned to the tenant for 10 calendar days from the day Termination of the contract.

In the event of termination of a contract for the lease, the lease of the lease that was insured for the tenant's benefit was the latter obligation to restore the facility and transfer it to the landlord.

2. Orendar returns the tenant to the leased object of the fuel and energy complex, along with all of the improvements of the facility carried out during its lease, regardless of the sum of the estimated depreciation of the amortization during the lease time. In doing so, the tenant is entitled to retain an improvement on the rented facility, made by his own funds if they can be separated from such an object without causing harm to it.

Other improvements made at the expense of their tenants remain in the landlord's property.

It is not subject to the remaining improvement of the improvement made by it by the depreciation of the object.

3. The return of the facility of the fuel and energy complex by the representatives of the tenants and tenants consists of an act of acceptance.

Chapter III
PARTS OF THE FUEL AND ENERGY COMPLEX

Article 16. Features of the concision of the fuel and energy complex objects

1. The concessionaire is required to produce and/or provide in a specified concession agreement of the volume and proper quality of appropriate products and/or services using a transferable fuel-energy complex.

2. The concessionaire does not have the right to transfer completely or partly to the third parties to its master rights, which are defined by the Treaty of Concesion, or relating to the conversion of an object to it. The concessionaire shall be entitled to a contractual basis by engaging in the execution of special works on the basis of the object of third persons.

3. In the case of the concession agreement, the right of a concession to the creation (construction) of a /or control (operation) object of a fuel-energy complex, such a law cannot be given to the third persons of the concessioner without consent The concessionaire, or the concionaire, without the consent of the Concesiepan.

4. The current repair of the conveyant object's concession is required to carry out its own account. The overhaul of the transferred to the concession of an object is conducted by the concession agreement of a line at the expense of the depreciation.

5. The concessionaire does not have a common legal offensive under the rights and obligations of the enterprise, a holistic general assembly is transferred to concession. The terms and order of the concession of the concessioner of rights and obligations of the enterprise, the holistic property of which is passed to the concession, may be established by the conditions of the concessional competition.

In the case of all assets and obligations of the enterprise, the whole property of which is transferred to concession is transferred to the concession balance, such an enterprise will be halted by elimination.

6. The concession payments are made by the concessioner in the amount determined by the parties in the concession contract. Concessions payments are made in the cash form and lines defined by the concession contract.

7. The concession payments are set in a fixed amount with respect to the cost of the transferred to the concession of an object by the results of its assessment, determined by the legislation on the assessment of property, property rights and professional assessments. Activity.

The fixed size of the concession payments is subject to indexing according to the legislation.

8. Concession contract in cases determined by the Article 12 The Law of Ukraine "On Concession" may anticipate other than income and compensation, providing a concession for payment of concession payments (payment of them in reduced amount or payment exemption) and other benefits.

9. Monitoring of the implementation of the concession agreement shall be exercised by the governing body.

10. The Land Areas that are necessary to accommodate and operate the facilities transferred to the concession are provided to the concesioner outside of the competition by laying on the lease agreements of the land area with the concissioner.

Article 17. Lines of action of the concession agreement of the fuel and energy complex, reason for its pre-term termination

1. The terms of the concession contract of the fuel-energy complex shall be determined by the parties and cannot be less than 10 or more than 50 years.

2. The agreement of the concession for the fuel and energy complex is considered to be laid out on the day of its registration by the authorized authority.

3. The object of the fuel-energy complex transmitted to the concession shall be transmitted to the concessioner for six months of the day of the contract. The transfer of the object to the concession by the representatives of the Concesijenets and the concessionaire consists of an act of transmission.

4. The agreement of the concession contract for the fuel and energy complex is discontinued in the case of:

The destruction of the designated object-from the moment of the establishment of such destruction;

The elimination of the legal entity, the concessionaire;

Termination of business activities by the concioniner;

systematic failure or coarse violation of the concession contract conditions, ending the concession contract for 12 months from the day of the agreement of the concession agreement of the necessary permissive documents on the failure of the economic activity, and in Other cases stipulated by the law;

Mutual consent of the parties.

5. The termination of the concession contract does not release the parties from the enforcement of the obligations under the Treaty, which at the time of its termination remained unfulfilled. The obligation to produce and/or the provision of suitable goods and services in the established volume and proper quality of the concessionaire carries the return of the object of the concession to the concession.

6. With the purpose of providing production and/or providing appropriate goods and services in an established volume and proper quality of the concession contract, the right to request termination of the concession contract for up to three months is required; Cases of termination of the treaty as a result of the destruction of the object.

Article 18. Order of the return of the fuel and energy complex in case of termination of the concession contract

1. In case of termination of the concession contract action (in addition to the termination of the contract action resulting from the destruction of the concession agreement), the concierunner returns the concession object of the fuel and energy complex together with all the improvements of the object, conducted at the time of the concession agreement, regardless of the sum of the depreciation of the amortization during this time. The object is subject to returning the concession for 30 calendar days from the date of termination of the contract.

2. In case of a termination of the agreement of the concession agreement by the destruction of an object of concessions, which was insured for the concession of a concessionaire, the latter is bound by its own account to restore the object and transfer it to the concession office.

3. On the return of the facility of the fuel-energy complex, which is in state ownership, the representatives of the concession and the concessionaire are made up of the acceptance of transmission.

Chapter IV
TRANSITIONAL AND TRANSITIONAL PROVISIONS

1. This Act will take effect 60 days from the day of its publication.

2. Relations arising from the lease or concession agreements that are put into force under this Act shall be governed by legislation that has acted before the Act unless otherwise established by the treaty.

The action of this Act other than the provisions Article 4 and Parts of the seventh article 12 and Items 3 , Chapter IV The "final and transitional provisions" of this Act does not apply to the legal relationship of the lease, the concession of the objects of the fuel and energy complex that have arisen into force by the Act, or the decision to include which to the list of rights objects. Government property that can be provided to concession is adopted by the Cabinet of Ministers of Ukraine until the Act is taken into force.

3. Orendari or concesioners of the fuel and energy complex facilities are entitled to participate in the procedure for the repayment of fuel and energy complex enterprises according to the Law of Ukraine "On measures aimed at ensuring the sustainable functioning of the fuel and energy complex enterprises".

The Central Authority of the Executive, to the authority of which is to decide on the procedure for the repayment of the fuel and energy complex enterprises according to the Law of Ukraine "On measures aimed at ensuring the sustainable functioning of the fuel and energy complex enterprises", in the case of an appropriate tenant or concessionaire, the obligation to include the enterprise should be included in the appropriate list.

4. To make changes to the following legislative acts of Ukraine:

1) article 16 The Penal Code of Ukraine (Supreme Council of Ukraine, 1994, No. 36, pp. 340) to supplement the eighth and ninth such content: