Advanced Search

About Special Economic Zones And The Special Regime Of The Investment Activity In The Donetsk Region

Original Language Title: Про спеціальні економічні зони та спеціальний режим інвестиційної діяльності в Донецькій області

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

  
image
C A C U A TO R S
About special economic zones and special mode
Investments in the Donetsk Oblast
(Information of the Verkhovna Rada of Ukraine (VR), 1999, N 7, pp. 50)
(With changes in accordance with the Laws
N 984-XIV ( 984-14 ) from 15.07.99, VR, 1999, N 40, st. 360
N 1097-XIV ( 1097-14 ) from 22.09.99, VR, 1999, N 48, pp. 413
N 3036-III ( 3036-14 ) 07.02.2002, IWR, 2002, N 29, pp. 189
N 2505-IV ( 2505-15 ) from 25.03.2005, VVC, 2005, N 17, N 18-19,
.267
N 3370-IV ( 3370-15 ) 19.01.2006, OVR, 2006, N 22, pp. 184)

This Act defines the order of creation and functioning of the
Donetsk region of special economic zones and implementation of
of the special regime
Investment.
Article 1. Term Definition
In this Act, the terms are used in this way:
the area of priority development is a territory within
cities, areas where adverse socioeconomic
the conditions on which the investment has a special mode
Activities to create new jobs;
(The third part of the first article 1 is excluded from the
Law N 2505-IV 2505-15 ) 25.03.2005)
Enterprise restructuring is an exercise
Organisational, Economic, Legal, Technical and
to change the structure of the enterprise, its management,
forms of property, organizational and legal form, with the purpose of financial
recovery of the enterprise, increasing volumes of issuance
more competitive products, improving efficiency
Production;
Reprofiling the enterprise-changing production technology
process to release new products (performing work, providing
of services) or upgrading the production of products previously
was produced in this venture.
Article 2. The purpose of creating special economic zones and
Implementation of priority development
Special Investment Activities
Goal of creation in the Donetsk Regional Special Economic
areas and implementation of priority development territories
The special regime of investment activities is to attract
investment in priority areas of production to create new
jobs and employment of workers released in the
Connection with the closure, restructure of mining and other
enterprises, implementation of new technologies, modernization of the active
manufacturing, development of foreign relations, increasing
supply to the domestic market of high quality goods and services,
creation of a modern production, transport and market
infrastructure, efficient use of natural resources.
Article 3. Creation of special economic zones and
Establishment of a priority area
the development of the special investment regime
activity
Special Economic Zone "Donetsk" and special economic zone
Azov Zone is created for 60 years within the following areas:
Special Economic Zone Donetsk is in the south.
City of Donetsk and covers an area of 466 hectares;
The special economic zone of Azov is located in the south of the city
The Mariupol region of Donetsk Oblast and covers an area of 314.8 hectares.
The map of the territories of special economic zones is inalienable
part of this Act. The original map is kept in Donetsk
The regional council.
Special investment activity mode is implemented on
of priority development within the 30-year period and acting in
the priority of economic activities whose list defines
Cabinet of Ministers of Ukraine.
Prior to the areas of priority development
administrative and territorial boundaries of the city of Artemivsk, Wugladar,
Gorlivka, Dzerzhynsk, Dimitrov, Goodall, Donetsk, Friendship,
Jinakieva, Zdanovka, Zusgrez, Ilovaysk, Kirovskoye, Kostyantynivka,
Kramatorsk, Krasnoarsk, Krasny Lyman, Machievka, Mariupol
Novogrodika, Celdovo, Sloviansk, Snow, Torez, Kharczik,
Shahtarsk, as well as Ambrosievski, Volnovski, Constantine,
Mar'yinsky, Slovianski, Starobeshevsky and Shakhtarsky regions.
(Part of Article 3 in the edition of Laws N 984-XIV
( 984-14 ) from 15.07.99, N 1097-XIV ( 1097-14 ) From 22.09.99,
N 3036-III ( 3036-14 ) 07.02.2002)
Special economic zones "Donetsk" and "Azov" are not included
to the areas of priority development.
Investment projects implemented in the territories
priority development, is a priority to attract loans,
which are provided under state guarantees by foreign powers,
international financial organizations, foreign banks, others
Financial and financial institutions.
(Part of this article 3 is excluded from the Law of the
N 2505-IV ( 2505-15 ) 25.03.2005)
(Article 4 is excluded based on Act N 2505-IV (Article 4) 2505-15 )
25.03.2005)
Article 5. Management bodies with special economic zones
and areas of priority development
The management bodies with special economic zones and
The priority development territories are:
Council on Special Economic Zones and Special
The regime of investment activities in the Donetsk region (next to the Council);
organs of local government and local government
Administration;
Economic development bodies of special economic zones.
Article 6. The authority of the local government and the
Local government administration
Special economic zones and territories
Priority development
Local government and local governments
Administrative territorial administration
zone or a special investment mode is introduced
activities, exercising their powers according to
legislation of Ukraine with regard to the features defined by this
By law.
In addition, to the authority of the Local Government Authority
also belongs to:
signing with investor (investors) on the implementation
Investment project approved by the Council;
Adoption of the report
Development of the Special Economic Zone of Land
sites, infrastructure facilities located at the appropriate
territory, and natural resources of local importance.
Article 7. The powers of the Council for Special Economic
zones and special investment activities
In Donetsk Oblast
The Council is a specially authorized management body
special economic zones and special regime
investment activities established in the territories
Priority development.
The Council is created by the Donetsk Regional Council.
It belongs to the Council:
development and implementation of the strategy and the current
the development programmes of special economic zones
Relevant local councils;
Review and approval of investment projects;
development and implementation of the set of organizational activities
to ensure the involvement of financial resources, including
their own funds of businesses and organizations (including foreign),
budget funds, off-budget funds, and charitable
Foundations, public organizations and individuals;
Organization of training and retraining
hosting international tenders for the selection of investment
Projects and their participants;
issuing entities ' business activities with permission to
The establishment of a special economic zone
Without a legal entity;
issuing permission to conduct a public registration of the subject
Entrepreneurial activities in the territory of special economic
Zones;
The issuance of certificates of approval of the investment project;
to implement appropriate investment control
entities of business activities of special economic zones
and the areas of priority development within their own powers
According to this Act;
Preparation of proposals for a rental rate
Pay fees, utilities fees, tariffs and other payments;
consideration in the pre-trial order of disputes arising between the body
the economic development of the special economic zone, the subject
Entrepreneurship and local government bodies;
regulation of involvement in special economic
The areas of foreign workers;
acceptance within their competence of decisions, compulsory to
performing in special economic zones ' territories, as well as on
of priority development in the implementation of investment
Projects;
The implementation of other powers stipulated by this Act.
The council is approved by the Donetsk Regional Council.
Order of review and approval of investment projects, issuing
-The subject of the entrepreneurial activity
Activities on the territory of the special economic zone and certificates
on the approval of the investment project on the territory of the priority
development is determined by the Cabinet of Ministers of Ukraine.
Article 8. Economic Development Authority
economic zone
The Economic Development Authority of the Special Economic Zone
is a legal person, authorized or specially created by Donetsk
by the State Administration jointly with the relevant authorities
local government.
To the office of the Economic Development Authority
The economic zone is:
The area of the special economic zone;
construction of production and non-production facilities
Infrastructure
The development of a network of communication connections;
signing of the contracts for the implementation of the
Building a special economic zone, building
facilities of production and non-production infrastructure, development
Communication networks
Making arrangements for the operation of infrastructure facilities;
Within the limits of authority given by local authorities
self-government, treaty with business activities
for renting land areas, the use of natural
the resources of the local importance and facilities of the
Special economic zone;
To participate in the implementation of investment projects;
the failure of the other, defined in the statute, activities and
performing functions passed to the host body to others
The authorities.
Article 9. Business Activity Failure
in the areas of special economic zones and
of priority development
There are all kinds of special economic zones in the territories
of an entrepreneurial activity other than expressly prohibited by legislation
In accordance with this Act of Ukraine.
Business entities in special activities
economic zones are failing to conduct business activities on the basis of
The relevant Council's permission
On the territory of the special economic zone "Donetsk"
are housed businesses that apply the latest technology to
the purpose of producing goods to export and supply them to
the domestic market.
In the territory of the special economic zone "Azov" are placed
Transit operations operations
goods, their storage, recovery, sorting, packing,
Providing transport and agency services,
trade, as well as businesses that apply the latest
technology for the purpose of producing goods for export and partly
to the domestic market.
In the territories of special economic zones,
to accommodate production and non-manufacturing infrastructure facilities, in
including office buildings, hotels, residential buildings, etc.
Special economic zones are prohibited.
Creation of a casino, gambling and other places of business.
The Board ' s certificate of approval of the investment project is
The basis for the local self-government institution
with the investor and public registration of the subject
Entrepreneurial activities, making the authority of the host system
development of the special economic zone of land rental contracts,
premises and so on. The order of contract is determined by the Council.
In case of failure to be subject to business activity
activities that are subject to licensing, relevant licenses
are issued under the law. (Part 8 of Article 9 of the
changes in accordance with the N 3370-IV Act ( 3370-15 ) From
19.01.2006)
Establishment of special economic zones
banking, insurance, stock and other financial
organizations whose activities are subject to licensing
The order is set after the previous agreement with the Council.
(Part of Article 9 of the changes made under the Law)
N 3370-IV ( 3370-15 ) 19.01.2006)
Business entities (investors) who are
carry out their activities in special economic territories
zones without the creation of legal personality through branches, department, others
separated units and also implement investment projects in
priority economic activities, make up separation
the balance of financial activities in the order set forth
State Tax Administration of Ukraine.
For the state registration of business activities,
with the exception of banking institutions, in the territory of special
economic zone and issuance of the failure of the Entrepreneurial
No legal action can be made to pay,
the size of which is set by the approval by the Ministry
Finance Ukraine. The size of the specified fee is the same for all
Subjects of Entrepreneurial Activity of One Activity. Funds
Fees are directed towards the development of infrastructure
the appropriate special economic zone in the order defined
The Board of Finance with the Ministry of Finance of Ukraine.
In case of violation of business activities
(investors) legislation of Ukraine and established documents, conditions
contract, concluded with the local government authority, the Council has
the right to cancel the approval of an entrepreneurial
activities in the territory of the special economic zone or certificate
on the approval of the investment project on the territory of the priority
Development.
Abolition of the public registration of a constituency
activities, its liquidation and annulment of the failure of the
Individual business activities are carried out in
in accordance with the legislative order. (Part of the thirteenth article)
9 of the changes under the N 3370-IV Act 3370-15 )
19.01.2006)
Article 10. Resource potential of special economic zones
Local government bodies can transfer organ.
the economic development of the special economic zone in
use of land, infrastructure and natural resources;
the resources of the local importance in terms of agreement between them.
The basis for the transfer of the host authority
development of the special economic zone of land is
Endorsed by the Investment Project.
The Economic Development Authority of the Special Economic Zone
can transfer these land areas to rent up to 60 years,
but no more than before the end of the special
Economic zone.
(Article 11 is excluded by Act N 2505-IV.)
( 2505-15 ) 25.03.2005)

(Article 12 is excluded by Act N 2505-IV.)
( 2505-15 ) 25.03.2005)
(Article 13 is excluded by Act N 2505-IV.)
( 2505-15 ) 25.03.2005)
(Article 14 is excluded by Act N 2505-IV.)
( 2505-15 ) 25.03.2005)
Article 15. Order of entry to special economic zones and
get out of them.
Cabinet of Ministers of Ukraine can install special
order of crossing the border of Ukraine by foreigners and individuals without
civil society, which are headed into a special economic zone, as well as
special order of entry into special economic zone and exit from
They are citizens of Ukraine, foreigners and stateless persons.
Article 16. Investor and subject responsibility
of an entrepreneurial activity
contract (treaty) concluded with
the management of special economic zones and
of priority development
In case of an inappropriate execution or non-execution by an investor or
Subject of contract (treaty)
concluded with the authority of local government, the body
the economic development of the special economic zone, such
The investor or subject of business activities carries the master and
another responsibility provided by the legislation of Ukraine and
Contracts (contract).
Article 17. Special liquidation of the enterprise in a special
of the Economic Zone and on the territory of the priority
Development
In the event of liquidation of the enterprise created on the territory
of a special economic zone and on the territory of the priority
development, or its reorganization (by decision of the owner or
the authorized body) to the line specified in the contract between the
investor and body of local government, investors
(an authorized person) is required in a ten-day period after
the adoption of the relevant decision to inform the
Special economic zone and priority area
about the reasons for the elimination (reorganisation) of the enterprise.
Article 18. Procedure for eliminating the special economic zone
Special economic zone is considered to be eliminated from the moment
end of the string on which it was created, if it was not
Continued by law of Ukraine.
A special economic zone can be liquidated by law
Ukraine until the end of the line at which it was created, respectively
to the Law of Ukraine " On general principles of creation and operation
special (free) economic zones " 2673-12 ).
Article 19. Guarantee of the interests of investors and
subject to business activities in case of
Liquidation of a special economic zone or
Priority development
The State in accordance with the legislation of Ukraine in the event of elimination
Special economic zone or priority area
guarantees the preservation in full volume of all maize and non-maynew
the rights of investors and entities of business
in the special economic zone and priority area.
Development.
Disputes between the management authorities with special economic
Zones and territories of priority development,
enterprise activities that act in a special economic
the area or on priority development, investors and
liquidation commission that may arise in connection with the
special economic zone or territory
priority development, subject to consideration by the courts of Ukraine, a
spore involving foreign entity of economic activity-in
the courts, including abroad.
Article 20. Final Position
1. This Act takes effect from the day of its publication, except
part of the fourth Article 3 of this Act in part of the submission to
Priority areas in their respective countries
The administrative and territorial limits of the towns of Druzhkivka, Zusgrez,
Ilovhaysk, Harcizik, Starabbev and Shakhtarsky, and
also a "b" part of the second article 14 in a part of the size
investment for small businesses, which will gain into effect from 1 January
2003. (Article 20, paragraph 1, as amended by
Law N 3036-III 3036-14 ) 07.02.2002)
2. The Cabinet of Ministers of Ukraine:
in lunar lines to provide development and implementation of the system
control of the targeted use of raw materials, materials,
items, equipment and equipment to be introduced into Ukraine for
implementation of investment projects in the territories of priority
Development in the Donetsk region;
in lunar lines to develop a form of a typical contract between
the authority of local government and investor regarding the implementation of
investment projects in priority areas of economic activity
on the territories of priority development in the Donetsk region,
Predicting an investor commitment to reinvestment
freed from the taxation part of the income of non-residents and
Dividends paid to investors by entities of business
activities that implement investment projects, in development
production or social infrastructure of the priority area
Development;
in three-month lines to submit suggestions
Legislation of Ukraine in compliance with the Act;
bring their legal and legal acts into compliance with this
By law.

President of Ukraine
Um ... Kiev, 24 December 1998
N 356-XIV