LAW OF UKRAINE

of December 17, 2020 No. 1116-IX

About the state support of investment projects with considerable investments in Ukraine

This Law determines organizational, legal and financial basis of the state support of investment projects for the purpose of creating favorable conditions for attraction to Ukraine of considerable investments (internal and external), creations of new workplaces, stimulations of economic development of regions and growth of competitiveness of economy of Ukraine.

Section I General provisions

Article 1. Determination of terms

1. In this Law terms are used in such value:

1) the request - set of documents according to the established list, on form and content which the applicant gives to authorized body for implementation of the investment project with considerable investments;

2) the applicant - the legal entity registered in Ukraine or in foreign state or several such legal entities who (which) gave (submitted) the application;

3) considerable investments - own or raised funds of the investor with considerable investments and/or the applicant which invest in investment objects in implementation process of the investment project with considerable investments;

4) the investment project with considerable investments - the investment project conforming to the requirements determined by article 5 of this Law;

5) the investor with considerable investments - the legal entity registered in Ukraine specially created for implementation of the investment project with considerable investments, being the party of the special investment agreement and which economic activity goes only for implementation of the investment project with considerable investments and accomplishment of the special investment agreement;

6) investment objects - non-current assets (except intangible assets and goodwill) which are under construction, modernized, are technically and/or technologically re-equipped, acquired by the investor with considerable investments and/or the applicant, and the objects of engineering and transport infrastructure necessary for accomplishment of conditions of the special investment agreement which are constructed/are under construction or construction of which is financed/is financed (including payment for accession to networks warm, gas - water - electric utility services, engineering communications, etc.) the investor with considerable investments and/or the applicant by considerable investments;

7) the special investment agreement - the prisoner between the Cabinet of Ministers of Ukraine, the investor with considerable investments, the applicant (except the cases provided by this Law) and local government body (in case of provision of the state support by such body) the agreement determining procedure and sales terms of the investment project with considerable investments;

8) the term of implementation of the investment project with considerable investments - term from the date of the conclusion of the special investment agreement before completion date the investor with considerable investments of the obligations provided by the special investment agreement on implementation of considerable investments into investment objects and the beginnings of functioning of such investment objects within implementation of the investment project with considerable investments which cannot constitute more than five years from the date of the conclusion of the special investment agreement;

9) authorized institution - the public institution authorized by the Cabinet of Ministers of Ukraine on implementation of escort of the applicant and investor with considerable investments in preparation and implementation of the investment project with considerable investments, assistance to execution of the special investment agreement and also on accomplishment of other functions provided by this Law;

10) authorized body - the central executive body which provides forming and realizes the state investment policy.

2. The term "control" is used in this Law in the value given in the Law of Ukraine "About protection of the economic competition", the term "final beneficial owner" - in the value given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction", the term "connected persons" - in the value given in the Tax code of Ukraine, the term "construction" - in the value given in the Law of Ukraine "On regulation of town-planning activities".

Article 2. The legislation on the state support of investment projects with considerable investments

1. The relations arising in connection with provision of the state support to investment projects with considerable investments, the conclusion, execution and cancellation of special investment agreements are regulated by the Constitution of Ukraine, the Civil code of Ukraine, the Economic code of Ukraine, the Land code of Ukraine, the Tax code, the Customs code of Ukraine, this Law, other laws of Ukraine and regulatory legal acts including accepted in pursuance of this Law and also international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those which are provided by this Law are applied rules of the international treaty of Ukraine.

3. On the relations arising in connection with provision of the state support to investment projects with considerable investments, the conclusion, execution and cancellation of special investment agreements operation of the laws of Ukraine "Does not expatiate on government assistance to subjects of managing" and "On investing activities" (regarding provision of the state support to investment projects, conducting their state examination, and also inclusion in the State register of investment projects).

4. Operation of this Law does not extend to investment projects which answer all signs of public-private partnership and prepare and implemented according to the laws of Ukraine "About public-private partnership" and "About concession".

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