Stimulating The Development Of Regions

Original Language Title: Про стимулювання розвитку регіонів

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/2850-15

                                                          
With a k o n u r as th h s Of stimulation of development of regions (Supreme Council of Ukraine (BD), 2005, N 51, item 548) {amended in accordance with the laws of 3235 N-IV (3235-15) of 20.12.2005, VVR, 2006, N 9, N 10-11, 96 N 1562-VI (1562-17) from 25.06.2009, VVR, 2009, N 51, 756 3275 N-VI (3275-17) from 21.04.2011 , BD, 2011, N 44, 464 N 4731-VI (4731) from 17.05.2012, VVR, 2013, N 15, 98 N 5463-VI (No.5463-17) from 26.10.2012, VVR, 2014, N 4, art. 61} {in the text of the law the word "authorities" and "central body of the Executive Branch on economic policy" in all cases has been replaced under the words "Government" and "the central body of the Executive power, which ensures the formation of State regional policy" in the appropriate case according to the law N 5463-VI (No.5463-17) from 26.10.2012} this law determines the legal Economic and organizational basis for realization of State regional policy to stimulate the development of regions and overcoming depresivnostì territories.
CHAPTER I General provisions article 1. Definition of basic terms in this Act, the terms used in the following meaning: region-the territory of the Autonomous Republic of Crimea, oblast, cities of Kiev and Sevastopol;
stimulate the development of regions-complex legal, organizational, scientific, financial and other activities aimed at achieving sustainable development of the regions based on the combination of economic, social and environmental interests at the national and regional levels, to maximize the effective use of the potential of the regions, in the interests of their residents and the State as a whole;
depresivna the territory of the region or its part (region or town), which recognized the depressive under the conditions and in the manner specified in this law; {Paragraph four of article 1 in the wording of Laws N 1562-VI (1562-17) from 25.06.2009, 3275 N-VI (3275-17) from 21.04.2011} industrial region-an area in which the share of employed in the industry to exceed the proportion employed in agriculture, as well as the areas are under closure of vugledobuvnì and vuglepererobnì of the enterprise; {Article 1 paragraph fifth according to law N 1562-VI (1562-17) from 25.06.2009; amended by law N 3275-VI (3275-17) from 21.04.2011} rural district-an area in which the share of the employed in agriculture exceeds the share of employed in industry; {Article 1 paragraph sixth according to law N 1562-VI (1562-17) from 25.06.2009} settlements, which since 1996 have been eliminated vugledobuvnì and vuglepererobnì company, but were not implemented in full measures to address socio-economic and environmental issues, the project provided for the liquidation of these enterprises. {Article 1 paragraph seventh according to law N 3275-VI (3275-17) from 21.04.2011} article 2. The purpose and principles of the development of regions stimulate the development of regions with the aim of ensuring their sustainable development in the interests of Ukraine, enhance the quality of life of the population, poverty and unemployment, the formation of middle class;
the effective use of economic, academic, labor, natural and other resources, as well as the peculiarities of the regions to achieve on this basis, improving the quality of life of people specializing in the production of optimal regions ' products and services;
the creation of equal conditions for dynamic, balanced socio-economic development of the regions of Ukraine;
ensure compliance with certain State social guarantees for every citizen regardless of the place of his residence;
overcoming of doldrums territories, timely and comprehensive solutions.
Stimulate the development of regions is carried out on the basis of: balancing national, regional and local interests to the development, determination of the State taking into account the proposals of local self-government bodies scientifically grounded regional development priorities;
software-targeted approach to solving the problems of socio-economic development, the creation of a favorable investment environment in the regions;
the maximum approximation of services provided by State authorities and bodies of local self-government, to consumers of these services;
concentration on the competitive basis of the State budget, local budgets, as well as other resources to achieve the most effective use of them for the purposes of regional development;
cooperation and mutual responsibility of Central and local executive bodies, local authorities, academia and NGOs and other actors in the performance of tasks of regional development.
SECTION II STATE of DEVELOPMENT of the REGIONS of Article 3. Organization providing stimulus to the development of the regions of the State to stimulate the development of regions is carried out in accordance with the fundamentals of State regional policy, laws on the State budget of Ukraine, national programs, other laws and acts of legislation, as well as economic and social development of the Autonomous Republic of Crimea, oblasts, cities of Kiev and Sevastopol, local budgets.
{Part one of article 3 amended pursuant to the law N 4731-VI (4731) from 17.05.2012} in order to ensure the implementation of the State policy to stimulate the development of regions approved by: Cabinet of Ministers of Ukraine-State strategy for regional development (1001-2006-p);
The Verkhovna Rada of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city councils on the proposal in accordance with the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city State administrations, taking into account the norms embodied in the State strategy of regional development, the common interests of territorial communities of regions-regional development strategy.
The implementation of government policies to stimulate the development of regions provide the Cabinet of Ministers of Ukraine, the central body of the Executive power, which ensures the formation of State regional policy, other Central and local executive bodies and local self-government bodies in accordance with their powers.
Coordination of the activity of Central and local bodies of executive power and bodies of local self-government in the sphere of State stimulation of the development of the regions, the implementation of regional development strategies is carried out on the basis of agreements on regional development, which are placed between the Cabinet of Ministers of Ukraine and the Verkhovna Rada of the Autonomous Republic of Crimea, regional, Kyiv, Sevastopol city councils and are performed in accordance with this law and other acts of legislation.
Article 4. Agreement on regional development regional development agreement provides: joint actions of Central and local executive authorities and bodies of local self-government implementation in the region of the State strategy for regional development;
joint actions of Central and local executive bodies and local authorities to implement regional development strategies;
the order volume, form and terms of funding joint activities identified by the parties, in accordance with the State budget of Ukraine and local budgets;
the order of the information on the implementation by the parties of the agreement on regional development;
responsibility of the parties to the agreement for the failure or improper performance provided by it;
procedure for amendments to the agreement;
the procedure for entry into force and validity of the agreement.
With the consent of the parties to the agreement on regional development may include other provisions.
Typical forms of agreements concerning regional development (751-2007-p) are approved by the Cabinet of Ministers of Ukraine.
The terms of the agreement on regional development can be changed with the consent of her sides.
The action of the regional development agreement is terminated due to the end of its term or by consent of the parties ahead of time.
The action of the regional development agreement may also be terminated by one of the parties in the case of systematic her failure to perform or improper performance of the other party.
The party that initiates the premature termination of the agreement on regional development, must notify in writing the other party not later than six months before the date from which it provides terminate the agreement.
The decision of one of the parties to the agreement on the regional development of the early termination of its actions may be challenged in court the other side.
From the date of termination of the agreement on regional development the parties terminate funding of the measures specified in it.
Article 5. The procedure for the preparation and conclusion of the agreement on regional development initiated the conclusion of the agreement on regional development (751-2007-p) can be Cabinet Ministers, central bodies of executive power, the Supreme Council of the Autonomous Republic of Crimea,
regional, Kyiv and Sebastopol city councils.
If you need other local governments may submit their proposals for the conclusion of such an agreement as well as amendments thereto in accordance with the Supreme Council of the Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city councils.
The initiator of the conclusion of the agreement on regional development ensures the development of its project in accordance with the requirements established by this law.
Coordination of the development of agreements on regional development, scientific and methodological support of the activities of the executive bodies and bodies of local self-government is carried out by the central body of the Executive power, which ensures the formation of State regional policy, with the involvement of the scientific and public organizations.
The decision about the necessity of the conclusion of the agreement on regional development are accepted by the Cabinet of Ministers of Ukraine and the Verkhovna Rada of the Autonomous Republic of Crimea, regional, Kyiv, Sevastopol city councils.
Agreement on regional development signed by the Prime Minister or other person on behalf of the Cabinet of Ministers of Ukraine and head of the Supreme Council of the Autonomous Republic of Crimea, the head of the oblast, Sebastopol city Council or the Mayor of Kiev.
The regional development agreement comes into effect after its approval by the Verkhovna Rada of Autonomous Republic of Crimea, regional, Kyiv, Sevastopol city councils.
Agreement on regional development after its approval by the Verkhovna Rada of Autonomous Republic of Crimea, regional, Kyiv, Sevastopol city councils is subject to state registration in the central body of the Executive power, which ensures the formation of State regional policy, the official up publishing in the newspaper "Uryadovy courier", as well as to the public through regional media.
SECTION III FEATURES the STATE STIMULATE DEPRESSED article 6. Depresivna territory of the depressed territory are divided into the following groups: region;
the industrial district;
rural area;
a city, a Republican in the Autonomous Republic of Crimea value.
The territory's depressed status in order to establish legal, economic and organizational principles for taking the State bodies and bodies of local self-government, special measures to stimulate the development of such areas.
{Article 6 as amended by law N 1562-VI (1562-17) from 25.06.2009} Article 7. Measures of the State stimulate depressed in order to stimulate the development of the depressed areas within their boundaries can be carried out the following measures: the target oriented public capital investment in the development of production, communication and social infrastructure;
the provision of State support, including financial, small businesses, promoting the formation of infrastructure for enterprise development, such as business centers, business incubators, innovation and consulting centers, venture funds, etc.;
direct technical assistance to address pressing socio-economic and environmental problems, as well as other major events;
promoting the employment of the population, providing targeted funding for retraining and professional development of human resources, promotion of labour migration, improvement of the social sphere, including housing, health and environmental protection;
providing other government support the development of such areas.
Article 8. The basic principles of State stimulation of the development of the depressed areas to the main principles of State stimulation of the development of the depressed areas are: objectivity and openness in defining areas for State incentive their development;
simultaneously, the concentration of efforts and funds on a relatively small number of areas in order to maximize the socio-economic development;
inadmissibility of the use of targeted government support for funding current needs;
maximum use of the capabilities of most of the territories in the development and implementation of a system of measures to overcome the depresivnostì.
Article 9. Socio-economic and other indicators of development of the territory, on which it can be recognized by the depresivnoû {Name of article 9 as amended by law N 3275-VI (3275-17) from 21.04.2011} Area can be recognized by the depresivnoû in accordance with article 10 of this law, in the case of socio-economic indicators and development meet at the same time all the criteria specified in the relevant paragraph of part two of this article for such a group.
Depression can be recognized: 1) region, which for the past five years, the average volume of gross regional product (up to 2004 the volume of gross value added) per capita is the lowest;
2) industrial area, which for the past three years, the level of registered unemployment and the proportion employed in industry are much higher and the volume of sold industrial products (works, services) per capita and the level of the average monthly wage is substantially lower than the respective averages development of territories of this group;
3) rural district, which for the past three years, the density of the rural population, the natural increase of the population, the level of average monthly wage and the volume of sales of agricultural products (works, services) per capita is substantially lower, and the proportion employed in agriculture is substantially higher than the respective averages development of territories of this group;
4) city of regional, Republican in the Autonomous Republic of Crimea, in which for the past three years, the level of registered, particularly long-term unemployment, is much higher, and the level of the average monthly wage is considerably below the corresponding averages development of territories of this group;
5) settlement on the territory of 1996 eliminated vugledobuvnì and vuglepererobnì company, but were not implemented in full measures to address socio-economic and environmental issues, the project provided for the liquidation of these enterprises.
{The second part of article 9 paragraph 5 in accordance with the law N 3275-VI (3275-17) from 21.04.2011} Limit the level of deviation of the socio-economic development of the territories, in paragraphs 2-4 of part two of this article, from the average indices of development of territories of the corresponding groups are determined by the Cabinet of Ministers of Ukraine.
{Article 9 as amended by law N 1562-VI (1562-17) from 25.06.2009} Article 10. Recognition of the territories of the depressive suggestions for recognizing the territory of depresivnoû are developed based on the results of the annual monitoring of the development of regions, districts and cities of regional, Republican in the Autonomous Republic of Crimea, the value according to the indicators defined by the law.
{Part one of article 10 amended by law N 1562-VI (1562-17) from 25.06.2009} Monitoring indicators of the development of regions, districts and cities of regional, Republican in the Autonomous Republic of Crimea, value perform the central body of the Executive power, which provides forming of State regional policy, Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city State administrations on the basis of the data of State statistical reporting data and other central executive authorities in order (235-2010-p) that the Cabinet of Ministers of Ukraine.
{Part two article 10 amended by law N 1562-VI (1562-17) from 25.06.2009} according to the results of monitoring of the Cabinet of Ministers of Ukraine specifies: the territory, which is given the status of a depressive, sets their boundaries;
the term by which the territory's depressed status;
measures of State stimulation of the development of the territory in order to overcome the depressed state and the form and the conditions of their use;
the ratio of State, regional, and other financial resources that are on the program of overcoming the State of depresivnostì.
the term of making a project to overcome the State of depresivnostì.
The Cabinet of Ministers of Ukraine in accordance with the law may define other measures to stimulate his depressive.
The term by which the territory is given the status of his depressive, may not exceed seven years.
The status of his depressive territory is considered to be revoked after the end of the period to which this status has been granted, if this term will not be extended in the manner prescribed by this law.
If, notwithstanding the fulfilment of the programme overcoming the State of depresivnostì, in terms of development, defined by this law, remains depresivnoû, the Cabinet of Ministers in consultation with the appropriate local Council territory, recognized depresivnoû, may extend the term of granting of the status of the territory's depressed, but not more than five years.
Article 11. Program for overcoming the State of depresivnostì territory Program to overcome the State of depresivnostì territory-connected content in terms of performance, features and
the performers set of measures (works) of legal, organizational, economic, financial, social area, focused on overcoming depresivnostì a specific territory in which involved financial and other resources of the State and the region.
To overcome the depresivnostì territory of the central body of the Executive power, which ensures the formation of State regional policy, with the participation of other central executive bodies, the relevant local bodies of executive power and bodies of local self-government is being developed by the respective program.
Program to overcome the depresivnostì territory provides, in particular: a brief description of his depressive area, an analysis of the reasons of their condition;
the activities of Central and local bodies of executive power, bodies of local self-government to address the State of the depresivnostì territory, their implementation, financing from the State and local budgets and other sources provided by the legislation;
the procedure for monitoring the execution of the program, the development of which will be determined and the results of its implementation;
the overall assessment of the expected socio-economic efficiency of the program.
Program to overcome the depresivnostì territory shall be approved by the Cabinet of Ministers of Ukraine.
SECTION IV FUNDING and REPORTING to STIMULATE the DEVELOPMENT of REGIONS and OVERCOMING DEPRESIVNOSTÌ TERRITORIES Article 12. Funding to stimulate the development of regions and overcoming the depresivnostì territories Funding to stimulate the development of regions and overcoming depresivnostì territories at the expense of the funds foreseen for this purpose in the laws of Ukraine "on State budget of Ukraine and the decisions of the local budgets (the Autonomous Republic of Crimea, regional, urban cities of regional (Republican-the Autonomous Republic of Crimea) and regional budgets) for the corresponding years, and other sources in accordance with the legislation.
Financing the implementation of agreements concerning regional development and implementation of programs to overcome the State of depresivnostì areas annually are anticipated in the projects of the State budget of Ukraine and the decisions of the local budgets of the relevant budgetary programs.
Financial assistance in implementing the agreements on regional development and implementation of programs to overcome the State of depresivnostì territories if necessary each year to be confirmed after the entry into force of the law of Ukraine "on State budget of Ukraine for the relevant year and approval of the respective local budgets.
Stomatologic State budget of Ukraine, spent to stimulate the development of regions and overcoming the depresivnostì territories, there is a central body of the Executive power, which ensures the formation of State regional policy, other central bodies of executive power.
(Action part five article 12 has been stopped for the year 2006 according to law N 3235-IV (3235-15) on 20.12.2005) the amount of money that is supposed to finance all the programs to overcome the depresivnostì territories within one year from the State budget, may not be less than 0.2 per cent of the revenues of the State budget for the respective period.

When determining the volume of funds intended to stimulate the development of regions and overcoming the depresivnostì territories, does not count the amount of donations and subventions, which are used to perform local governments own and given law the authority of the Executive power, as well as the funds are used in accordance with the law on liquidation of consequences of emergency environmental situations, man-made disasters and natural disasters.
Article 13. Organization of control and reporting the central body of the Executive power, which provides forming of State regional policy annually in April of the year following the reporting, for consideration by the Cabinet of Ministers a report on the implementation of agreements concerning regional development and overcoming the depresivnostì territories, using dedicated to these needs funds of the State budget of Ukraine.
CHAPTER V FINAL PROVISIONS 1. This law shall come into force on January 1, 2006.
2. the Cabinet of Ministers of Ukraine in the MIT of the enactment: submit to the Parliament proposals on amendments to the laws of Ukraine arising out of this law;
to bring their regulations into conformity with this Act;
ensure enforcement of ministries, other central executive bodies, their regulations into conformity with this Act.

President of Ukraine v.Yushchenko Kyiv, September 8, 2005 N 2850-IV