LAW OF UKRAINE

of January 13, 2012 No. 4336-VI

About introduction of amendments to some laws of Ukraine concerning privatization concerning realization of provisions of the State program of privatization for 2012-2014

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following laws of Ukraine:

1. In the Law of Ukraine "About privatization of state-owned property" (Sheets of the Verkhovna Rada of Ukraine, 1997 No. 17, Art. 122 with subsequent changes):

Article 1 to state 1) in such edition:

"Article 1. Concept and purpose of privatization

Privatization of state-owned property (further - privatization) - paid property acquisition, being in state-owned property, including together with the parcel of land of state-owned property on which object, privatizeable, for the benefit of physical persons and legal entities which can be buyers according to this Law, for the purpose of increase in social and economic production efficiency and attraction of financial resources for implementation of structural adjustment of national economy is located";

2) in Article 2 part two:

the fourteenth to state the paragraph in such edition:

"ensuring competition of sale if other is not determined by this Law";

the fifteenth and sixteenth to exclude paragraphs;

3) in Article 3:

third parts two to exclude the paragraph;

third to state part in such edition:

"3. Privatization of shares (share of the shares) belonging to the state in the authorized capital of the economic societies, other economic organizations and companies founded based on consolidation of property of different patterns of ownership is performed according to the legislation taking into account provisions of constituent documents of such societies (organizations)";

4) in Article 4:

state part one in such edition:

"1. The state program of privatization (further - the Program) is developed by Fund of state-owned property of Ukraine, affirms the law of Ukraine for a period of three years and is effective before completion of its accomplishment";

the second to exclude part;

third to state part in such edition:

"3. In the Program are determined:

purpose;

ways, methods of achievement and measure for realization of the purpose;

tasks concerning ensuring accomplishment of the Program;

the expected results of accomplishment of the Program";

5) in Article 5:

the first and second to state parts in such edition:

"1. To objects of state-owned property, privatizeable, belong:

the companies (workshops, productions, sites, other divisions if in case of their allocation in the independent companies the technological unity of production on the main specialization of the company which of structure they are allocated is not broken) as single property complexes which part all types of property intended for their activities, determined by the Civil code of Ukraine including together with the parcels of land of state-owned property on which they are located (further - single property complex of the company) are;

objects of construction in progress and the preserved objects, including together with the parcels of land of state-owned property on which they are located;

separate individually certain property, including together with the parcels of land of state-owned property on which this property is located;

shares (shares, shares) belonging to the state in the authorized capital of the economic societies, other economic organizations and companies founded based on consolidation of property of different patterns of ownership;

subjects to welfare appointment, including together with the parcels of land of state-owned property on which they are located, except those which are not subject to privatization.

2. Privatizations are not subject the objects having nation-wide value, and also the state companies.

Have nation-wide value:

a) the objects and property providing accomplishment of the functions by the state, providing defense capability of the state, its economic independence, and objects of the property right of the Ukrainian people, the property constituting material basis of sovereignty of Ukraine:

property of public authorities and local government bodies, property of the Armed Forces of Ukraine (except property concerning which features of privatization are established by the law), the Security Service of Ukraine, the State Border Service of Ukraine, civil defense forces, Public service of special communication and information security of Ukraine, law enforcement and customs authorities which are directly provided by accomplishment by these bodies of the tasks established by the legislation;

subsoil, minerals of nation-wide value, the territory and the objects of natural and reserved fund of nation-wide value, water resources, forest resources, other natural resources which are objects of the property right of the Ukrainian people;

systems of creation and preserving gold and foreign exchange reserves;

issued system, property complexes of the companies and organizations providing release and storage of bank notes and securities;

the radio television transfer centers, and also the objects providing with communication bodies of legislative and executive power;

public radio channels and television channels;

means of government, courier and special communication;

the state registers, other information systems which are created and contain at the expense of means of the government budget;

b) objects which activities provide social development, preserving and increase in cultural, scientific potential, cultural wealth:

National Archive Fund, archives (archive organizations), documents from them, the archive divisions, archives departments and libraries, objects of culture, art, including exclusive historical, art, scientific or other cultural value brought or which are subject to entering in the State register of national cultural property, and also architecture objects, memorial complexes, reserves, parks of national value;

the monuments included in the list of monuments, not privatizeable;

archeology monuments;

monuments to the state part of Museum fund of Ukraine (museum objects, museum collections and museum meetings);

documents of the State library stock of Ukraine;

initial materials and film copies which are stored in filmofonda;

the culture institutions providing the state social standard rates in the field of servicing of the population with culture institutions;

the culture objects relating to property complexes of organizations of National academy of Sciences of Ukraine;

property of the companies, organizations and organizations of National academy of Sciences of Ukraine, industry academies of Sciences which is used for accomplishment of basic and applied researches, the share (shares, shares) of the economic societies formed on the basis of property complexes of National academy of Sciences of Ukraine, industry academies of Sciences;

objects of education, physical culture, sport and science which are financed from the government budget;

c) objects, control of which activities from the state guarantees protection of citizens against effects of influence of not controlled production, uses or distribution of dangerous substances:

the nuclear materials, nuclear installations and objects intended for the treatment of radioactive waste, having nation-wide value;

polygons, structures, constructions and equipment for burial of solid industrial and household waste, cattle mortuaries;

d) the objects providing life activity of the state in general:

inventories of the state reserve irrespective of its location, the company, organization and the organization and other objects which are logging in the state reserve;

property of the Public criminal and executive service of Ukraine;

property of the companies, organizations and organizations of national hydrometeorological service;

materials of the State information geological fund of Ukraine;

the materials and data of the State kartografo-geodetic fund of Ukraine, land and cartographic materials created for means of the government budget;

the state standards, other objects providing functioning of the Public metrological service;

highways, except those which belong to the companies (to their first branching outside the territory of these companies);

property complexes of the companies of rail transport with their infrastructure;

subway, urban electric transport;

the property providing integrity of the integrated power system of Ukraine and dispatching (operational and technological) management, the high-level and interstate power networks;

the nuclear power plants, hydroelectric power stations with dikes providing water supply to consumers and carrying out hydromeliorative works;

main oil both the gas pipelines and the main pipeline transport servicing needs of the state in general underground oil and gas storages;

property complexes of divisions of fire protection (fire stations, posts, administration rooms), vehicles of special purpose providing performance of works, the fires connected with liquidation, effects of natural disaster;

objects of engineering infrastructure and improvement of the cities, other settlements, including networks, constructions, the equipment connected with delivery to consumers of water, gas it is warm, and also assignment and sewage treatment;

the water areas of ports, moorings and piers of all categories and appointments protecting and protective hydraulic engineering constructions, aids to navigation, systems of the alarm system, port systems of engineering infrastructure and construction of communication, power water supply and drainage system, highways and railway tracks (to the first branching outside port area);

airfields and airfield objects (landing strips, rulezhny paths, platforms, systems of landing, land means of communication, navigation, observation, other elements of airfields ensuring safety of flights);

water storage basins and water management channels of complex appointment, intereconomic meliorative systems, hydraulic engineering protective constructions;

places of burial";

the fourth to state part in such edition:

"4. The list of the state companies, not privatizeable, and joint-stock companies which state blocks of shares are not subject to privatization affirms the Verkhovna Rada of Ukraine on representation of the Cabinet of Ministers of Ukraine.

Privatizations the state companies and corporate laws of the state in joint-stock companies which are not subject:

a) ensure homeland security of Ukraine or privatization of which creates substantial risks for safety of the state:

the companies for production and repair of all types of weapon which is on arms of the Armed Forces of Ukraine formed according to the law of other military forming, the Security Service of Ukraine;

the companies of nuclear power and the company working in the field of the treatment of radioactive waste;

special objects of communication;

companies of assay control;

companies for production of securities;

the companies ensuring traffic safety in airspace and navigation by the waterways of Ukraine;

the companies which are carrying out land and cartographic works of nation-wide appointment store materials of the State kartografo-geodetic fund of Ukraine and the State information geological fund;

b) provide satisfaction of social requirements of society which cannot be completely satisfied with the companies which are in private property:

the companies for production and repair of means of rehabilitation for disabled people;

national institutions of culture;

c) are the high-tech export-oriented companies which create competitive advantages of Ukraine in the international market and create multiplicative effect for development of allied industries - the companies performing production of objects of space activities;

d) are infrastructure enterprise monopolists which preserving in state-owned property is necessary for ensuring equal access to consumers of services in the nation-wide market:

national operator of mail service;

international airports.

Privatizations other state companies to which on the right of economic maintaining the property determined in parts two of this Article, and joint-stock companies to which authorized capital the property determined in part two of this Article is transferred is assigned are not subject if these companies are not able to continue economic activity in case of transfer of the corresponding property to other subjects of managing of public sector of economy.

The objects of state-owned property specified in part two of this Article are not subject to privatization irrespective of their inclusion in the List of objects of the right of state-owned property, not privatizeable which affirms the Verkhovna Rada of Ukraine";

the fifth to state part in such edition:

"5. The decision on privatization and approval of sales terms of objects of group G and fuel and energy complex accepts the Cabinet of Ministers of Ukraine in the procedure established by it";

after part five to add with new part of such content:

"6. The Cabinet of Ministers of Ukraine approves the list of objects of state-owned property, decisions on which privatization are made according to the procedure, established by the Cabinet of Ministers of Ukraine. In this the list join:

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