LAW OF UKRAINE

of March 13, 2012 No. 4498-VI

About modification of some legal acts of Ukraine concerning enhancement of management of objects of state-owned property

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. Paragraph one of part one of article 164-2 of the Code of Ukraine about administrative offenses (1984, appendix to No. 51, by the station 1122) after words of "material values" to add sheets of the Supreme Council of USSR with the words "untimely provision for consideration, approval or approval of the annual financial plan of the company of public sector of economy and the report on its accomplishment".

2. In the Economic code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2003 No. No. 18-22, of the Art. 144):

Part the seventh Article 74 to state 1) in the following edition:

"7. The state unitary commercial enterprise can be transformed to the state joint-stock company which 100 percent of shares belong to the state, according to the procedure, established by the Cabinet of Ministers of Ukraine";

2) in Article 75:

the second to state part in the following edition:

"2. The main planned document of the state commercial enterprise is the financial plan according to which the company gains income and performs expenses, determines amount and the direction of means for accomplishment of the functions for year according to constituent documents.

The financial plan is subject to approval till September 1 of the year preceding planned:

the companies which are subjects of natural monopolies, and the companies which planned settlement amount of net profit exceeds 50 million hryvnias - the Cabinet of Ministers of Ukraine;

other companies - bodies which management sphere they treat.

The companies of power industry which licensed activities are regulated by approval by the national commission performing state regulation in the field of power constitute financial plans taking into account the approved this commission of structure of rates for electrical and heat energy. Financial plans of such companies are subject to approval till December 31 of the year preceding planned.

For consideration, approval or approval of the annual financial plan and report on its accomplishment officials of the state commercial enterprise bear the administrative responsibility established by the law for untimely provision";

in part three to replace the word of "August" with the word of "September";

Part the seventh articles 126 after words of "functioning of holding companies in Ukraine" to add 3) with the words "including State-owned managing holding company";

Article 168 - 171 to exclude 4);

Article 172 to state 5) in the following edition:

"Article 172. Legislation on corporate laws of the state

1. The relations connected with management of corporate laws of the state are regulated by the Law of Ukraine "About management of objects of state-owned property", other laws of Ukraine and regulatory legal acts adopted according to them";

To replace 6) in the text of the Code of the word "national economy" in all cases with the word "economy" in the corresponding case.

3. In part four of article 11 of the Law of Ukraine "About pledge" (Sheets of the Verkhovna Rada of Ukraine, 1992 No. 47, Art. 642; 27, the Art. 223) words "the founder of this society" shall be replaced with words 1994 No. "the body exercising control of corporate laws of the state in this society".

4. In the Law of Ukraine "About holding companies in Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 2006 No. 34, Art. 291; 2010 No. 2-3, of Art. 11; 2011 No. 28, Art. 252; 2012 No. 7, Art. 53):

1) in Article 1:

to add part one after paragraph two with the new paragraph of the following content:

"The state-owned managing holding kompaniyagosudarstvenny holding company, which corporate enterprise can be other state-owned holding company or economic society, the holding corporate block of shares (share, shares) which belongs to the state".

With respect thereto third - the fifth to consider paragraphs respectively paragraphs the fourth - the sixth;

to add the paragraph of the sixth after words of "corporate enterprise" with words of "holding company";

2) in Article 2:

in word part one of "the Law of Ukraine "On economic societies" shall be replaced with words "the Law of Ukraine "On joint-stock companies";

the second to state part in the following edition:

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