LAW OF UKRAINE

of June 2, 2016 No. 1405-VIII

About modification of some legal acts of Ukraine concerning management of objects of the state-owned and utility property

The Verkhovna Rada of Ukraine decides:

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

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

1) in the first offer of part four of Article 63 of the word "it it is appointed" shall be replaced with words "it is appointed it (is elected) the founder (the supervisory board of such company in case of its education)";

Part third of Article 65 to state 2) in the following edition:

"3. For management of economic activity of the company the owner (owners) directly or through authorized bodies or the supervisory board of such company (in case of its creation) appoints (elects) the director who is accountable to the owner, its authorized body or the supervisory board. The director, the chief accountant, members of the supervisory board (in case of its creation), executive body and other governing bodies of the company according to the charter are officials of this company. As the charter of the company officials also other persons can be acknowledged";

3) in Article 73:

the sixth to state part in the following edition:

"6. Governing bodies of the state unitary enterprise are:

the director who is appointed (is elected) the subject of management of objects of state-owned property performing functions on enterprise management or the supervisory board of such company (in case of its creation) and is accountable to body which appointed it (chose);

the supervisory board of the company (in case of its creation) which within the competence determined by the charter of the company and the law controls and regulates activities of the director.

The supervisory board of the state unitary enterprise is formed according to the solution of subject of management of objects of state-owned property, performing functions on enterprise management. The procedure for education, the organization of activities and liquidation of the supervisory board of the state unitary enterprise (except the companies of defense industry complex) and its committees is determined by the Cabinet of Ministers of Ukraine and reviewed at least once in five years. The procedure for education, the organization of activities and liquidation of the supervisory board of the state unitary enterprise of defense industry complex is determined according to the Law of Ukraine "About features of management of objects of state-owned property in defense industry complex".

Features of management of the state unitary enterprise are determined by the Law of Ukraine "About management of objects of state-owned property".

Features of management of the state unitary enterprise of defense industry complex are determined by the Law of Ukraine "About features of management of objects of state-owned property in defense industry complex";

after part seven to add with new part of the following content:

"8. The annual financial reporting of the state unitary enterprise can be subject to obligatory check by the independent auditor. Selection criteria of the independent auditor and criteria of reference of the state unitary enterprises to it which financial reporting is subject to obligatory check by the independent auditor are determined by the Cabinet of Ministers of Ukraine depending on book value of assets of the state unitary enterprises.

The state unitary enterprise will promulgate information on the activities, except the cases established by the law, way of placement it on own web page (website) or on the official site of the subject of management of objects of state-owned property performing functions on enterprise management in terms and according to the procedure, determined by the Cabinet of Ministers of Ukraine. Access to such web pages and websites is round-the-clock and free.

The following information is subject to obligatory promulgation:

purposes of activities of the state unitary enterprise and condition of their achievement;

the quarter, annual financial reporting of the state unitary enterprise for the last three years, including (in the presence) expenses on accomplishment of non-commercial purposes of state policy and sources of their financing;

audit opinions according to the annual financial reporting of the state unitary enterprise for the last three years if audit was booked according to the requirement of the law or for the solution of the supervisory board of the state unitary enterprise (in case of its creation) or the subject of management of objects of state-owned property, performing functions on enterprise management;

the charter of the state unitary enterprise in the current version, and also in the editions operating earlier;

the curriculum vitae (including the professional characteristic) the head of the state unitary enterprise (taking into account requirements of the legislation on personal data protection);

curriculum vitae (including professional characteristics) members of the supervisory board (in case of its creation) the state unitary enterprise (taking into account requirements of the legislation on personal data protection), the principles of their selection, their membership in the supervisory boards of other subjects of managing, and also it is noted which of members of the supervisory board of the state unitary enterprise is independent;

annual statements of the supervisory board and head of the state unitary enterprise;

structure, the principles of forming and amount of remuneration of the head and members of the supervisory board of the state unitary enterprise, including compensation packets and the additional benefits which they receive (or to receipt of which have the right) in case of execution of job responsibilities, and also in connection with release (the term "additional benefit" is used in the value determined in the Tax code of Ukraine);

the solution of subject of management of objects of state-owned property concerning the state unitary enterprise;

the description of essential expected risk factors which can influence transactions and results of activities of the state unitary enterprise, and measure for management of such risks;

data on agreements which participant is the state unitary enterprise, information on which is subject to promulgation according to the Law of Ukraine "About openness of use of public means";

information on transactions and obligations of the state unitary enterprise with the government and/or local budget, the public and/or local institutions, the companies and the organizations, including the contractual commitments of the state unitary enterprise (financial and non-financial) resulting from public-private partnership.

The state unitary enterprise will promulgate the annual financial reporting together with audit opinion according to it if audit was booked according to the requirement of the law or for the solution of the supervisory board of the state unitary enterprise (in case of its creation) or the subject of management of objects of state-owned property, performing functions on enterprise management till April 30 of the year following the accounting period.

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