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About The Transfer Of The Lease Or Concession Facilities In The Areas Of Heating, Water Supply And Sanitation In Farmland

Original Language Title: Про особливості передачі в оренду чи концесію об'єктів у сферах теплопостачання, водопостачання та водовідведення, що перебувають у комунальній власності

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C A C U A TO R S
About the features of the transfer to the lease or concession of objects in areas of heating, water and water supply,
that are in communal property
{The name of the Act with the changes made under the Act
N 640-VII ( 640-18 ) of 10.10.2013}
(Information of the Verkhovna Rada of Ukraine (VR), 2011, N 11, pp. 71)
{With changes under the Act
N 640-VII ( 640-18 ) from 10.10.2013, VCE, 2014, N 22, pp. 771}

{In the text of the Law of the Word " object of centralized driver-,
heating and water treatment " in all differences and
The object is replaced by the words " object in spheres of heat,
Water and water supply " in the appropriate case
including, and the words " the central executive body of
of the United States of America " in all different issues
replaced by the words " the central executive body that
provides the formation and implementation of public policy in
to the United States for the
Note in accordance with the N 640-VII Act ( 640-18 ) From
10.10.2013}

This Law defines the features of the transfer in lease or concession
facilities in the areas of heat supply, water supply and
Municipal water supply
The specials of the lease and concessions of such objects.
Section I
GENERAL PROVISIONS

{Article 1 is excluded based on Act N 640-VII ( 640-18 )
of 10.10.2013}

Article 2. Scope of this Act
The action of this Act applies to the relations related to:
Transfer to lease or concession of whole new complexes
enterprises, their structural units in the areas
heating, water and water supply
in communal property; {Abzac second part of first article 2 in
revision of the Act N 640-VII ( 640-18 ) of 10.10.2013}
transmission to the concession of objects of incomplete construction and
the rightful objects that are in the communal property,
which can be added to their use for failure
activities in areas of water supply, water and purification
of water, providing services related to the supply of consumers
Heat;
Providing a concession to create (construction) of an object in a sphere
Heat, water and water supply;
Use of rent or concession facilities
according to this Act.
2. Specified in part one of this relationship in the
A part unsettled by this Act is governed by the Civil
( 435-15 ), Lord of the Lord 436-15 ), the Land Code of Ukraine
( 2768-14 ), by the laws of Ukraine "On concessions" 997-14 ), " On
rental of state and communal property " ( 2269-12 ), others
Legislative acts.
Article 3. Authorities are empowered to make transfer decisions.
to lease or concession of facilities in areas
heating, water and water supply
1. Decision on lease on lease or concession of facilities in the
areas of heat, water and water supply,
are in communal property, accept:
relating to objects in communal property
territorial community of village, village, city,-relevant rural,
Settlements, city councils;
relating to the objects being in common ownership
territorial communities and in the administration of district, regional council,-
the relevant district, the regional council on behalf of the relevant councils
Territorial communities.
Article 4. Subject requirements referred to in lease or
Concession of facilities in spheres of heat supply,
Water and water treatment

{Part of first Article 4 is excluded based on the Law of the
N 640-VII ( 640-18 ) of 10.10.2013}

2. Persons with which the lease or concession contract is signed
objects in the areas of heat supply, water supply and
The water supply is in the communal property,
for three months of the signing of the relevant treaty (with
the day of the object's surrender, if the object was built,
completed or restored according to the conditions of the concessional
(c) To ensure that its material is appropriate
the base and state of specialists to license the exercise
of the economic activity for which the object is taken in lease or
The concession, and the licence to be placed on the appropriate type of activity.
Article 5. Facilities for the transfer of facilities in areas
heating, water and water supply
Lease or concession
1. Transfer of an object in the areas of heat supply, water supply
and the watershed of the communal property, in the lease
or concession is carried out on the initiative of physical and legal
persons who may be tenants or concesiers according to
Law, or executive organs of rural, village, urban councils or
Local authorities. {Part 1 Article 5 of the changes made under the Act
N 640-VII ( 640-18 ) of 10.10.2013}
2. Application (representation) containing the transmission initiative
objects in the areas of heat supply, water supply and
A water supply in communal property, on loan or
The concession, the disproportionate persons (organs) are presented with the relevant council,
by Article 3 of this Act, for consideration in the draft session
-For According to the results, the statement (submission) is pleased to accept
the decision to transfer an object in the areas of heat supply,
Water and water supply or concession or
Failure in his lease or concession.
3. When deciding on the proposal for an object transfer
in the areas of heat supply, water and water supply, which
is in communal property, rent or concession or care.
refusal to transfer to the lease or concession of receiving conclusions
bodies of the Anti-Monopoly Committee of Ukraine on the possibility of rent or
Concessions and provisions of the contract of lease or concessions are not
Mandatory.
4. In case of an appropriate board, a defined article 3
of this Act, decision on the proposal of a transfer to lease or concession
objects in the areas of heat supply, water supply and
Municipal water supply is carried out by the
Organizational and technical training of this facility prior to transmission
On loan or concession. After completing such training
is declared a contest for the right to receive an object in lease or
Concession.

{Part 5 of Article 5 is excluded based on the Law of the
N 640-VII ( 640-18 ) of 10.10.2013}

The sixth article 5 is based on the Law of the
N 640-VII ( 640-18 ) of 10.10.2013}

Article 6. Technical and technical training facilities
in the areas of heat supply, water supply and
Water supply for rent or concession
1. In strings defined by the relevant board, but not more than
for twelve months of giving it a decision on
the transfer to lease or concession of an object in the areas of heat supply,
Water supply and sanitation
property, the body authorized to manage the communal property,
shared with the organ (enterprise), in the host country or
It is an object that is controlled by the task force.
its organizational and technical training for rent or
Concession. By the agreement with the corresponding line, the specified string can be
To be continued.
2. Organization and technical training of the facility
heating, water and water supply in the region
The communal property, prior to the transfer of lease or concession includes:
Conducting inventory of basic means and
(c) Commodity and material values of such an object;
arranging and restoring technical and construction
Documentation for such an object;
determining the cost of an object by implementing an independent
estimate, with the type of value determined by the market value.
Assessment of the object that is transferred to the lease or concession,
is carried out in accordance with the property assessment legislation and
Major rights and professional assessments;
The allocation of the land area attached to the object,
Tour (on the site).
3. In the process of organizational and technical training of the relevant
An object of authority authorized to manage a communal master prepares to:
instruction for applicants (including information and requirements)
concerning the order of competition, development and design
Applications, procedural question information);
Information on the declaration of competition
A draft of competitive documentation, which includes:
instruction for applicants (including information and requirements)
for the development and design of competitive proposals, other
information (documents) for preparing proposals
conditions of competition, information concerning the lease or concession object, which
has to be in a statement to grant consent to the Anti-Monopoly Authority
Committee on loan or concession);
Information about the conditions of the
The essential conditions of the lease or concession contract. {Part 1 of Article 6 in the edition of Law N 640-VII ( 640-18 )
of 10.10.2013}
4. Organ, authorized to manage the communal property,
Agrees the conditions of the competition with the central body of the executive
provides the formation and implementation of public policy in the field of
-Housing.
Central Executive Body for the Performing Arts
and the implementation of public policy in the field of
to agree the conditions of the competition or to provide
The written written rejection within ten calendar days.
Failure in this agreement is only possible with a motive for the discrepancy.
Conditions of competition law.
5. In case of a concession
(construction) of an object in the areas of heat supply, water supply and
Water-drive, only produced by the preparation of the competition project
the documentation (including the conditions of the competition) and, by need, allocation
in the (area) land area that will be anchored in
object.
Article 7. Lease on lease or concession contest
facilities in the fields of heat supply,
Water and water treatment
1. After the completion of the training facility in the spheres
heating, water and water supply in the region
communal property, prior to the lease or concession of appropriate
the Council, defined by Article 3 of this Act, by its decision:
Approves the competitive documentation;
forms a competitive commission, approves its composition and order
Work. The Competitive Commission will also include:
representatives of all-Ukrainian associations of employers in the
industry level in the field of public utilities and professional
The union party or joined the Galugu Agreement; {Abzac
third part of the first article 7 with changes made according to
Law N 640-VII ( 640-18 ) of 10.10.2013}
Declares a contest
determine the size of the registration fee to participate in the competition
(in size from one to thousands of untax minimums)
Income of citizens).
2. Announcement of the competition is made by the Competition Commission in
ten-day lines from the day of its formation by placing in
The printed media of the respective board (for its
Absence-in the local print media,
by this council), on the official website of the central
the executive branch, which provides for the formation and implementation of
public policy in the field of housing and communal services, and on
the web site of the relevant board (for its availability)
the announcement of the contest, which, in particular, should contain information about:
{Paragraph of the first part of the second Article 7 in the edition of Law N 640-VII
( 640-18 ) of 10.10.2013}
an object that is offered for rent or concession (naming,
characteristics, etc.);
the body that transmits the object to the lease or concession is appropriate
Council;
The object on which the object is leased or concession;
Lines of submission for participation in the contest;
The size of the registration fee;
The results of the competition are announced;
address, phone numbers and other competitive contact information
Commission for more information.
Requirements for Competition Participation; {Part
the second article 7 is supplemented by a new paragraph under the N 640-VII Act
( 640-18 ) of 10.10.2013}
Qualification requirements for applicants. {Part of the second article
7 complemented by a new paragraph under Law N 640-VII ( 640-18 )
of 10.10.2013}
Competitive commission also sends information about objects in
areas of heat supply, water and water supply, which
provide the provision (calculated to provide) services in the specified
areas with no less than ten thousand individuals, as well as
district heating facilities with total power
sources of thermal energy at least 50 Gcal per hour for placement
on the official website of the central executive body that the
provides the formation and implementation of public policy in the field of
-Housing. {Paragraph of the eleventh part
Second Article 7 in the edition of Act N 640-VII ( 640-18 ) From
10.10.2013}
3. Requests for participation in the competition are served for forty days
from the day of the contest declaration Persons who submitted such applications
are considered applicants to participate in the contest. {Part of the third article 7 with the changes made under the Act
N 640-VII ( 640-18 ) of 10.10.2013}
4. In case of submission by the host society
members of the labour group enterprise (its structural
unit), a holistic property offered to the
on loan, such a society has the right to obtain an object in
Rent without contest.
In case of submission to a host company,
members of the labour group enterprise (its structural
unit), a holistic property offered to the
transfer to concession, such a society takes part in the contest
General, common grounds.
5. The statement of participation in the contest shall be noted as follows:
full naming of challenger (surname, name, by parent-
For a physical person, an entrepreneur);
Information on its official registration;
Information about the financial and news state of the applicant;
the presence of a claimant or its founder
(participant) experience maintenance experience in areas
heating, water and water supply and facilities
technological and organizational support of the respective species
Activities
information on the compliance requirements of the
The Law and Conditions of the Competition. {Part of Article 7 in the edition of Act N 640-VII ( 640-18 )
of 10.10.2013}
6. Concourse commission in a ten-day period following the entry
applications views it to the subject of completeness of the information provided and
Compliance with the qualifications of qualifying requirements set out
the Law and Conditions of the Competition, and by the results of this review
accepts the decision to accept the application or its rejection,
tells the applicant (in case of deviation-with the rationale
reasons). The decision to reject the application can be appealed to
Court order. {Part of the sixth article 7 of the changes made under the Act
N 640-VII ( 640-18 ) of 10.10.2013}
7. The pretenders, the applicant commission
After the payment of the registration fee, provides a contest
documentation and other necessary information (documents) for
preparation of proposals for the execution of the conditions of the competition, including
information about:
Conditions of land provision, if necessary for
The failure of the relevant activities;
volume of work to be funded (completed)
-Concesioner;
requirements for the volume and quality of goods, works and services,
fabrication, execution and granting of which guarantees the rent or
{{Abc}} {\f1\f1\cf6\lang1024 {\f314}}
In accordance with the Act N 640-VII ( 640-18 ) of 10.10.2013}
requirements for the applicant (rent or concessionaire); {Abzac
the fifth part of the seventh article 7 in the edition of Act N 640-VII
( 640-18 ) of 10.10.2013}
Loan obligations or concessionaire for the contract of lease or
Concession; {Abzac sixth part of seventh article 7 in the edition of the Law
N 640-VII ( 640-18 ) of 10.10.2013}
Financial and other guarantees of the lease-or concession;
special requirements for the provision of sanitary and
The epidemic of the population, the protection of the
Natural Environment and Protection.
8. Pretrend, the application of which is rejected, may reapply
to participate in the contest in case of the removal of the circumstances
the reason for her rejection.
9. Applications made to the competitive commission after the end of the
The prescribed line, the competitive commission is not considered.
10. Pretrends over ninety days from the day of the announcement
the competition is cooked and served by the competitive proposal commission on
Performing the conditions of the competition (competitive proposals). Applicants have
the right to withdraw the submitted proposals and apply instead of new ones
later than five working days before the installation
a line of suggestions. {Part of Article 7 of the changes made under the Act
N 640-VII ( 640-18 ) of 10.10.2013}
11. Competitive proposals to the competitive commission
after the end of the established line, the competitive commission is not
See.
12. During two working days after the installation of
The deadline for representing the competitive proposals of the competitive commission shall register
Applicants who submitted and did not withdraw the competitive offer and
have paid a registration fee as participants of the contest.
13. Over thirty days after the installation of
The registration deadline for the participants of the Competition Commission is
Competition. If only one contestant is registered
or not registered, a new contest is announced
cases where according to the part of the sixteenth of this article was
Decision on recognition of a single participant
Competition.
14. The context commission is considering the participants in the competition
Competitive offers, documents and proposals with respect to
the terms of the lease or concession, determines their compliance with the conditions
competition, prepares conclusions about determining the best conditions of exercise
The rent or concessions offered by the participants of the competition. Winner
competition is recognized by a participant who has offered the best conditions
Whether or not to make a loan or concession in accordance with the terms of the contest {Part of the fourteenth article 7 of the changes made according to the
Law N 640-VII ( 640-18 ) of 10.10.2013}
15. Based on the conclusions of the competitive commission,
defined in Article 3 of this Act, not later than during the month
accepts the decision on the winner of the competition, about the competitive commission
no later than five days since the decision day
tells the winner.
Information about the results of the contest, basis of the definition
the winner and rejection of the proposals of other participants
are subject to the appropriate board's website (for its sake)
available), on the official website of the Central Executive Body
power, which provides the formation and implementation of public policy in
The area of housing and utilities, the following day
the decision to determine the winner of the contest and the
a ten-day line from this day-published in print
The media of the relevant council (in his absence-
in a local printed media, determined by
-Such a council). {Part of Article 7 of Article 7 is supplemented by a paragraph
Under the Law N 640-VII ( 640-18 ) of 10.10.2013}
16. In case of the contest for the right to
obtaining rent or concession of an object in the fields of heat supply,
Water supply and sanitation
property, it is revealed that after the installed line is finished
the registration of the participants of the competition is registered with only one participant,
the relevant council on the basis of the conclusion of the competitive commission may
Accept the decision to recognize this participant the winner of the contest.
17. For three months since the decision on the
defining the winner of the contest after the pursuit of all conditions and
approval of the final revision of the treaty project
He has a contract with him or a concession. Agreement of the treaty
and its signature relies on the authority or office of the person
to the local government, authorized to this by the relevant council,
in Article 3 of this Act. Orendo or Concesideca in the
Well, the deal is good. {First part paragraph
Seventeenth article 7 of the changes made under the Act
N 640-VII ( 640-18 ) of 10.10.2013}
The terms of the contract concluded with the winner of the contest are not
should be different from those conditions of the competition that became the basis
for the recognition of its winner.
18. Disputes related to the competition are considered in
the order defined by the law. {Part of the eighteenth article 7 with the changes made in
Law N 640-VII ( 640-18 ) of 10.10.2013}
Article 8. Lease terms or concessional arrangements
in the areas of heat supply, water supply and
Waterproofing
1. The significant conditions of the contract of lease or concession of objects in the
areas of heat supply, water and water supply, other than
"On concession" by the laws of Ukraine 997-14 ) and " On
rental of state and communal property " ( 2269-12 ), is:
the order and conditions of the renewal of the transferred in lease or concession
object of centralized heat-, water and water
and his return;
order and conditions of retirement (withdrawal from exploitation)
Warehouse rental, concession;
the duty of rent, the concession for insurance taken in
lease or concession of an object of heat, water supply and
Water;
Parties to the Security Council
A lease or concession for an object of centralized heat,
Water and water supply;
Obligations for the maintenance of the concession facility according to requirements
standards, norms and regulations in the relevant field
Activities
Lease obligations, a concessionaire regarding the use of a transferred
in rent, a concession for an object of centralized heat, water supply
and water supply for the intended purpose according to the profile
the production activities of the enterprise previously carried out
Operation of such an object, as well as to produce (provision)
relevant utilities in guaranteed volumes and proper
Quality
maximum amount of energy resources per unit
products produced and maximally allowed
losses and technological costs of drinking water and/or thermal energy
per unit of products (services);
the order of work on the landlord, the Concesierz of control for
of the leased object of a centralized heat-,
Water and water supply;
the responsibility of the parties, including responsibility
Tenant, concessionaire for object safety;
conditions and order of reparations to the concessioner of the undamaged
during the contract of the concession contract of the cost of the created (built)
account of the concessionaire of objects and conducted by his account
An improvement in the concession facility. {Part of the first article 8 is supplemented by
paragraph 11 according to the Law N 640-VII ( 640-18 ) From
10.10.2013}
2. Also defined by the first of this article, substantial
The terms and conditions of the concession of an object in the areas of
Water supply and sanitation
Property:
the volume of investment by the concession of its own funds
Concessions and the amounts of work to be funded
(performed) the concessioner, and/or list of property
Created by the Concesioner;
a list of property that is acquired by the concionerer on
fulfillment of the terms of the concession contract and must go to the property
territorial community after the end of the concession line
the treaty, and the terms of such acquisition and transition. {Paragraph 3
part of the second Article 8 in the edition of Act N 640-VII ( 640-18 ) From
10.10.2013}

{The paragraph of the fourth part of the second article 8 is excluded from the
Act N 640-VII 640-18 ) of 10.10.2013}

{\f29 execute } {\f29 s
the terms stipulated by the treaty; {Part of the second article 8 is supplemented by
paragraph 5 according to the Law N 640-VII ( 640-18 ) From
10.10.2013}
The order of change and the dissolution of the treaty. {Part of a friend
Article 8 is supplemented by the paragraph sixth under the N 640-VII Act
( 640-18 ) of 10.10.2013}
3. In case of lease or concession of an object
centralized heat-, water and water supply, which
is in communal property, there is a termination (in the
including the liquidation)
carried out the operation of the corresponding object before its transmission in
lease or concession contract is determined by the guaranteed majority
workers freed from the liquidation of such an enterprise,
which will be employed by the tenant, the concession, and the conditions
the selection of such workers.
In case of lease or concession of an object
centralized heating, water and water supply,
which is in communal property, is to be terminated (in
including the liquidation) of the communal property
unpaid monetary obligations or tax debt, questions answered
The succession of obligations is decided on the consent of the parties,
and the repayment terms are noted in the contract. The third article
8 complemented by paragraph to others under the N 640-VII Act 640-18 )
of 10.10.2013} {Part of the third article 8 with the changes made under the Act
N 640-VII ( 640-18 ) of 10.10.2013}
4. In case of necessity of obtaining a concentration permit
Subjects of the household in accordance with the requirements of the
protection of economic competition contract must contain
delayed condition of lease or concession
after obtaining the relevant authorization of the Antimonopoly Authority
Committee of Ukraine

{Part 5 of Article 8 is excluded based on the Law of the
N 640-VII ( 640-18 ) of 10.10.2013}

Article 9. Notarial certification of lease contracts or
Concession of objects in the fields of heat supply,
Water and water treatment
1. Donate the rental of facilities in spheres of heat supply,
Water supply and sanitation
properties concluded for more than three years, as well as treaties
The concession of such objects, regardless of the line they are
concluded, subject to a notary ' s statement in the established
Okay.
2. In case the other is not envisaged by the treaty, the costs of
Conduct of a notary settlement of the contract of lease or concession
It is a tenant or a concession.
Article 10. Register or concession agreement
facilities in the fields of heat supply, water supply
and Waterway
1. Url areas of rent or concession of facilities in areas
heating, water and water supply
the central body of executive power, which provides the formation and
implementation of public policy in the field of
Security. Registration is a message and is made free of charge.
2. To register the contract of tenant or concession during
ten working days from the day of his notary's license
the central authority of the executive branch, which provides the formation and
implementation of public policy in the field of
Farms, a statement of arbitrary form, copies of the treaty,
Certificate of State registration of the loan or concessionaire as
a legal person or a physical person-an entrepreneur.
3. For five working days from the day, the revenues of the
the central authority of the executive branch, providing
the formation and implementation of public policy in the field of
Housing, registration and
for five working days from the day of registration sends rent or
the concessioner, the executive body of the relevant council and the Fund
State property of Ukraine with written confirmation of
The registration number of the contract and date of registration.
4. Overtaking this article registration of the loan contract or
Concessions by the central body of the executive power, providing
the formation and implementation of public policy in the field of
housing, is one of the conditions for which
possible allocation of funds from the State Budget of Ukraine to repair,
reconstruction and/or upgrading of relevant facilities in the fields
heating, water and water supply transmitted to the
Lease or concession. {Part of Article 10 of the changes made by the
Law N 640-VII ( 640-18 ) of 10.10.2013}
Chapter II
FEATURES OF RENTAL FACILITIES IN THE HEAT SUPPLY AREA,
WATER AND WATER SUPPLY,
WHICH ARE IN COMMUNAL PROPERTY
Article 11. Rental features of facilities in areas
heating, water and water supply,
that are in communal property
1. Orendaru is owned by the right to lease
object. Leased objects in areas of heat supply,
Water and water treatment remain in the communal room
Property.
2. The Orendar provides according to the terms of the concluded treaty
the use of the leased object of centralized heat-,
Water Supply and Water Supply
according to the production profile of the enterprise that
That object had previously been put into operation. For production and
providing consumers with appropriate rental tenant services can
involve other legal and physical persons under the terms of the treaty
(...) (...)
3. Orendar on the consent of the landlord has the right to transfer to
The sublease is rented by it and another individual
the definition of the property that is not used in the proceedings
Economic activities in the fields of heat supply, water supply
and water supply if the other is not provided by the rental contract.
Provision of suborder cannot exceed the action string
-lease. {Part 1 of Article 11 in the edition of Law N 640-VII ( 640-18 )
of 10.10.2013}
4. Products and revenues obtained as a result of the use of
The leased facility of centralized heat-, water supply and
The water supply is owned by a tenant.
5. Expates necessary to maintain a rented facility in the region
Working state (conducting technical review, supervision,
maintenance, repairs, etc.) and receiving the original
the amount of future economic benefit from its use,
are carried out by tenants and included in the cost
A tenant. Cost related to improving the rented facility
(modernisation, modification, development, equipment, reconstruction)
(...) (...)
the original expected from the use of the object, are carried out by
the account of amorphous counts, and also at the expense of others
sources stipulated by the terms of the treaty, and are displayed as
the capital investment, which is included in the cost of the rental facility.
{Part of Article 11 in the edition of Act N 640-VII ( 640-18 )
of 10.10.2013}
6. Risk of accidental destruction and accidental damage
The rented facility carries a tenant. Tenant sufferers
A rented object in favor of the landlord.
7. The termination of activities (including elimination)
Municipalities of the municipal property
the corresponding object to its lease on the lease, will not burden itself
Joining such a venture to the tenant or the succession of
A loan from such an enterprise.
8. Overseeing the use of an object transferred
centralized heat-, water and water supply and beyond
The lease of the loan agreement is made by the lease of the lease agreement.
the relevant council made the decision to provide such an object in
the lease, and authorized by her organs and officials in order,
A specified lease agreement.
9. Overcharge for the use of heat,
water and water supply to be rented in
of free cash regardless of the results of its host system
Activities, in size and in lines defined by the lease agreement.
The rent size is determined, given the cost
the rented object by the results of its assessment conducted in
of the order established by the property assessment legislation,
Rights and professional assessments. Rent Size
subdue the indexing according to the legislation.
In case of an individual lease action string
assets provided by the tenant in the rental facility are issued from
operating in relation to their retirement, resulting in such assets
is not used by the tenant in its host activities,
will recuse the size of the rent by reducing
the basis of calculating the rent at the cost of such assets,
by the date of giving them rent. {Part 9 of Article 11
complemented by a paragraph to others under the N 640-VII Act ( 640-18 )
of 10.10.2013}
10. The lease agreement may predict the provision of rent
I'm sorry about the rent.
Article 12. Conditions for improving rented facilities
in the areas of heat supply, water supply and
Waterproofing
1. The response of the territorial community retains the ownership of the
to lease objects in the areas of heat supply,
water and water supply, including reconstructed or
Technically reequipped with tenants under the terms of the contract.
Property ownership, purchased by rent
The amorphous counting on the lease of objects, in that
including reconstructed or technically reequipped, owned by the owner
leased object-the corresponding territorial community
(community). The cost of such property is not to be reimbursed.
A tenant loan if the lease is terminated. {Part of the first Article 12 in the edition of Law N 640-VII ( 640-18 )
of 10.10.2013}
2. Amortisation deductions provided on the property by the owner.
which is the tenant, including the creation (built) and received in
the result of improving the rental facility, is the property of the tenant and
are used by it according to the legislation. {Part of the second article 12 in the edition of Law N 640-VII ( 640-18 )
of 10.10.2013}
3. The ordeal is entitled to its own account and by consent
The tenants conduct an improvement in the rented facility. In case
Conducting such improvements to the rented facility (core funds)
overestimation, and the rent is a proportional increase.
Tenant, who gave consent to lease an improvement, is not
has the right to deny increasing the size of the rent,
associated with such improvements.
4. Any improvement of the rented facility in the areas
heating, water and water supply, which cannot
be separated from a rented object without causing it
Damage can only be carried out by the consent of the landlord, only by the consent of the landlord.
These improvements include, in particular, new pipelines.
or parts thereof, as well as new engineering communication or
their parts, the power supply system, or their elements.
5. Rerenting an object improvement in areas
heating, water and water supply do not have its
A result view of the rent size. {Article 12 is supplemented by a part of the fifth under the Law N 640-VII
( 640-18 ) of 10.10.2013}
Article 13. Object lease agreements in areas
heating, water and water supply,
that are in communal property,
its pre-string termination
1. Line of the lease agreement for an object in spheres
heating, water and water supply in the region
The communal property is determined by the parties during its
And it is written in the treaty itself. No such line
be less than two and more than thirty years old. {Part of Article 13 of the changes made under the Act
N 640-VII ( 640-18 ) of 10.10.2013}
2. Agreement of the lease of an object in the fields of heating,
Water supply and sanitation
The ownership of the property is more than three years.
from the moment of his notary certification in the established
Law of order.
3. An object to be transferred must be transferred to the lease
The tenants are not later than six months from the day of the dress
the treaty, but not before the lease on the
a suitable activity. About an object transfer to the lease
Tenants and tenants consist of
Act.
4. Agreement of the lease of an object in the areas of heat,
Water supply and sanitation
property, which is discontinued in the case of:
The destruction of a rented object-since the fact is established
Such destruction;
The liquidation of the legal entity-the tenant-since the adoption of the
Decision on the liquidation; {Abzac third part of the fourth article 13
with changes made under the N 640-VII Act ( 640-18 ) From
10.10.2013}
the death or termination of an entrepreneurial activity
physical person-from day due to death or amendment to the One
the state registry of legal entities and individuals-entrepreneurs
State Registration of the Enterprise
Physical activity is an entrepreneur;
breaking the contract on the loan of the landlord in case of
a systematic failure or a gross violation of the conditions
the rental contract, and in the case of non-recipient of the loan from its own
sorry for three months of the contract of the relevant
Non-licence for economic activities-from the moment
defined by the relevant decision of the court; {Abzac of the fifth part
Fourth Article 13 of the changes made under the Act
N 640-VII ( 640-18 ) of 10.10.2013}
breaking the contract on loan demand in case of systematic
Non-performing or rough tenant violation
The lease is from the moment determined by the decision of the court;
{Part of Article 13 is supplemented by a new paragraph according to
Law N 640-VII ( 640-18 ) of 10.10.2013}
The mutual consent of the parties is from the moment determined by the parties.

{Paragraph 8th of fourth Article 13 is excluded from the
Act N 640-VII 640-18 ) of 10.10.2013}

5. The termination of the lease contract does not liberate the parties from
Fulfilling an obligation to the treaty that at the time of its termination
remained unfulfilled if the other is not provided by an arrangement
the parties or does not derive from the essence of such obligations. Commitment to
production and/or providing appropriate utilities in the
the amount prescribed by the agreement of the volume and the proper quality of the tenant
carries the return of the rented facility to the landlord.
6. To ensure production and/or provision
appropriate utilities in the established volume and
a proper tenant quality has the right to require reformation
termination of the loan contract up to three months, except
The termination of the contract in case of the destruction of the rented object.
7. In case of termination (termination) of the lease agreement
is required to return the tenant object to the lease on the line and to
conditions defined by the treaty, and in the established Act,
order to provide documents confirming the absence of any
A commitment to rent.
8. In the case of liquidation of the tenant, the lease action is not
Stopped. Changes regarding information about information about
The successor to this landlord. {Article 13 is supplemented by Part 8 under the N 640-VII Act.
( 640-18 ) of 10.10.2013}
Article 14. Order of return of objects in spheres
heating, water and water supply
in case of termination of the lease agreement
1. When the contract is terminated (other than termination cases)
of the contract resulting from the destruction of the rented object) transferred to
rental facility in the areas of heat supply, water supply and
The water supply which is in communal property must be
returning tenant for ten calendar days with
The termination of the treaty In case of pre-stop termination
The lease agreement with the death of a tenant-a physical person
object is considered to return tenant from day of termination
treaty.
2. Orendar returns tenant leased object in areas
heating, water and water treatment together with all
the improvements of such an object during its lease,
regardless of the sum of the estimated depreciation deductions per hour
Lease it. In this case, the tenant shall have the right to leave behind.
The improvement of the leased facility made at the expense of its own
funds, if they can be separated from this object, not
Causing him to harm him.
Other improvements carried out by their own funds
tenants, remain in the landlord ' s property, and their cost (except
cost of improvements made by the tenant without the consent of the landlord)
It is subject to the rent of a tenant.
Not subject to remaining tenant improvements
it is by the amortization deductions counted on the
The rented object, as well as compensation for the cost of such improvements.
3. Return of the facility in the area of heat supply,
Water supply and sanitation
property, tenants and tenants consist of
the appropriate act.
Chapter III
FEATURES OF THE CONCESSION OF OBJECTS IN SPHERES OF HEATING,
WATER AND WATER SUPPLY,
WHICH ARE IN COMMUNAL PROPERTY
Article 15. Features of the concession of objects in spheres
heating, water and water supply,
that are in communal property
1. The concession is required to produce and/or provide
to be determined by the concession agreement of the volume and of the appropriate quality
relevant utilities with the use of the
The concession of an object of centralized heat-, water supply and
Water supply.
2. The concessionaire shall not have the right without the consent of the concession
transfer completely or partly to third person to the right to the
the objects that are owned by the Concesijelica. {Part of the second article 15 in the edition of Law N 640-VII ( 640-18 )
of 10.10.2013}
3. In case of a concession agreement, be excluded
right of a concession to create (construction) and/or management
(exploitation) an object of centralized heat-, water supply and
Water-laying, this right cannot be given to third parties
Concessionaire without the consent of the concessionaire or the concesionaire without consent
That's right.
4. Expense necessary to maintain a given in concession
object in the workplace (conducting technical review, supervision,
maintenance, repairs, etc.) and receiving the original
the amount of future economic benefit from its use,
are carried out by the concessionaire and included in the
The expense of the concessionaire. Expenditure related to improving on
The concession of an object (modernisation, modification, development,
equipment, reconstruction, etc.) which make the increase
future economic benefit, initially expected from
objects, are carried out by amorphous counting, and
also through other sources stipulated by the terms of the treaty, and
are displayed as capital investment included in the cost of
the object provided by the concession.