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LAW OF UKRAINE

of July 28, 2022 No. 2468-IX

About modification of some legal acts of Ukraine concerning assistance to processes of relocation of the companies in the conditions of warlike situation and economic recovery of the state

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. Part the fifteenth article 16 of the Code of Ukraine about subsoil (1994, 36, the Art. 340) to state sheets of the Verkhovna Rada of Ukraine to No. in the following edition:

"Provision of special permissions to use of natural resources to subject of managing which privatized the state company according to the Law of Ukraine "About features of privatization of the coal-mining companies" and/or the Law of Ukraine "About privatization of the state-owned and utility property" is performed by renewal of the special permissions to use of natural resources provided to the specified company addressed to subject of managing which privatized it, on effective period of such special permission and without holding the auction".

2. In article 49 of the Water code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 1995, No. 24, the Art. 189):

Part the fifteenth to add 1) with the words "privatization of single property complex of the state or utility company without change of the characteristics of special water use determined in earlier issued permission";

To add 2) with part of twenty third of the following content:

"Issue of permission to special water use to the subject of managing which privatized single property complex of the state or utility company is performed by renewal of earlier issued permission to the term of its action".

3. In the Law of Ukraine "About notariate" (Sheets of the Verkhovna Rada of Ukraine, 1993, No. 39, Art. 383 with subsequent changes):

Item 8-1 of part one of Article 49 to add 1) with the paragraph the second the following content:

"Entering into the Unified register of debtors of the state or municipal company is not the basis for refusal in the certificate of the purchase and sale agreement signed in the course of privatization of single property complex of the state or utility company";

Article 55 after part three to add 2) with new part of the following content:

"Availability of prohibition of alienation or seized by the contractor in process enforcement proceeding of the state-owned or utility property, except the arrest imposed in criminal proceedings, lack of consent of the creditor for sale of the state-owned or municipal property which is in pledge (mortgage) is not the basis for refusal in the notarial certificate of the purchase and sale agreement signed in the course of privatization of single property complex of the state or utility company which part such property is. At the same time the consent of the creditor to the conclusion of such agreement is not required".

With respect thereto the fourth - the thirteenth to consider parts respectively parts five and the fourteenth;

To add 3) with the Section V "Final provisions" of the following content:

"Section V. Final provisions

1. Determine what is temporary, for privatization of objects of spirit and alcoholic beverage industry within the Program of reforming and development of spirit industry, availability of prohibition of alienation or the seizure of property of the State company of the spirit and alcoholic beverage industry imposed by the contractor in the course of enforcement proceeding Ukrspirt, and also lack of consent of the creditor for sale of such property if it is in pledge (mortgage), is not the basis for refusal in the notarial certificate of the purchase and sale agreement of such property which consists in privatization process".

4. In the Law of Ukraine "About state regulation of production and the address of alcohol ethyl, cognac and fruit, alcoholic beverages, tobacco products, the liquids used in electronic cigarettes and fuel" (Sheets of the Verkhovna Rada of Ukraine, 1995, No. 46, Art. 345 with subsequent changes):

Article 2 to add 1) with part of the twenty fourth of the following content:

"Privatization of single property complex of the state or utility company which storage locations of alcohol are entered in the Unified register is the basis for entering of corresponding changes into the Unified register. The tax authority according to the statement of the subject of managing which privatized the corresponding single property complex of the state or utility company within five working days from the date of receipt of the statement issues the renewed certificate of entering of storage locations of alcohol into the Unified register";

Article 3 to add 2) with part of the thirty fifth of the following content:

"Licenses for all types of activity provided by this Article, issued to the state or utility company are renewed on the managing subject privatizing single property complex of such state or utility company on effective period of earlier granted licenses";

Article 8 to add 3) with part nine of the following content:

"The certificate of production issued to the state or utility company is renewed on managing subject which privatized single property complex of the state or utility company, on effective period of the issued certificate";

Article 14 to add 4) with part of the twentieth of the following content:

"Licenses for all types of activity provided by this Article, issued to the state or utility company are renewed on the managing subject privatizing single property complex of such state or utility company on effective period of earlier granted licenses";

Article 15 to add 5) with part of the following content:

"Licenses for all types of activity provided by this Article, issued to the state or utility company are renewed on the managing subject privatizing single property complex of such state or utility company on effective period of earlier granted licenses".

5. Article 11 of the Law of Ukraine "About protection of atmospheric air" (Sheets of the Verkhovna Rada of Ukraine, 2001, No. 48, Art. 252; 2013, No. 46, Art. 640; 2014, No. 23, Art. 873; 2016, 34, the Art. 592) to add No. with part fourteen of the following content:

"Issue of permission to emissions of pollutants in atmospheric air by stationary sources to the subject of managing which privatized single property complex of the state or utility company is performed by renewal of earlier issued permission to the term of its action".

6. "About labor protection" (Sheets of the Verkhovna Rada of Ukraine, 2003, No. 2, Art. 10 with subsequent changes) to add article 21 of the Law of Ukraine with part of twenty third of the following content:

"Issue of permission to person which privatized single property complex of the state or utility company is performed by renewal of earlier issued permission to the term of its action".

7. In the Law of Ukraine "About mortgage" (Sheets of the Verkhovna Rada of Ukraine, 2003, No. 38, Art. 313; 2006, No. 13, Art. 110, No. 16, Art. 134):

Article 9 after part three to add 1) with new part of the following content:

"Alienation of subject of mortgage in case of sale in the course of privatization of single property complex of the state or utility company, its structural division which part such subject of mortgage is is performed without the consent of the mortgage holder".

With respect thereto the fourth to consider part part five;

Part third of Article 12 to add 2) with the words "except the purchase and sale agreement signed in the course of privatization of single property complex of the state or utility company which part such property is";

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