UKRAINE
Ivano-Frankivsk Regional Council
Seventh calling from
(Twenty -seventh session)

DECISION

from 15.02.2019. № 1066-27/2019
m. Ivano-Frankivsk

On privatization of property
joint ownership of territorial
rural communities, settlements, cities area

According to the articles 43 and 60 Law of Ukraine "On local government in Ukraine", Laws of Ukraine "On privatization of state and municipal property", "On Principles of Regulatory Policy in Economic Activity", to provide legal, economic and organizational bases of privatization of joint ownership of territorial communities of villages, settlements, cities area, Regional Council

decided:

1. To approve the program privatization of joint ownership of territorial communities of villages, settlements, Cities region 2019-2020 years (added).
2. Approve the list of objects of small privatization of joint ownership of territorial communities of villages, settlements, cities area, privatization in 2019 year (added).
3. Approve Procedure for submitting applications for inclusion buyers objects of joint ownership of territorial communities of villages, settlements, cities in the region to the list of objects of small privatization, that are subject to privatization and their review (attached).
4. The Regulations on the activities of the auction committee for the sale of small-scale privatization of joint ownership of territorial communities of villages, settlements, bridge of the region (added).
5. Install, that the management of common property territorial community area of ​​privatization have joint ownership of territorial communities of villages, settlements, cities area.
6. Of privatization of joint ownership of territorial communities of villages, settlements, the city of the region:

6.1. Для продажу об’єктів малої приватизації утворювати аукціонну комісію протягом десяти робочих днів з дня прийняття рішення обласної ради про приватизацію об’єкта.

6.2. Involve the Carpathian Universal Commodity Exchange, As organizer of the auction, implement the electronic auctions for sale of small privatization, as well as for work on the privatization of redemption by tenants.

6.3. Provide coverage of privatization processes through publication in the mass media and placement on the official website of the regional council.

1. Make changes to the application 6 to the decision of the regional council from 21.12.2018. № 1038-26/2018 "About the regional budget on 2019 year", replacing "The program of privatization of joint ownership of territorial communities of villages, settlements, Cities region 2017-2020 years "with" program privatization of joint ownership of territorial communities of villages, settlements, Cities region 2019-2020 years ".
2. Finance Department regional administration in approving the regional budget or make changes to it in 2019-2020 respectively provide regional council for the management of common property of territorial communities of the region to recover costs Precarpathian universal commodity exchange costs, related to the privatization of property in joint ownership of territorial communities of villages, settlements, cities area, in the amount of 4 of the value of the property sold and the coverage of privatization.
3. Control over the implementation of the decision to be assigned to the first deputy chairman of the regional council in. Gladia and Permanent Commission of the Regional Council on Socio-Economic Development, communal property management, the development of small and medium -sized businesses (o. Jesa).

First Deputy
the head of the regional council Vasily Gladiy

APPROVED
Regional Council Decision
from 15.02.2019. № 1066-27/2019

 

 

privatization Program
property in joint ownership of local communities
villages, settlements, Cities region in 2019-2020 years

 

 

1. TERMS

1.1. The program of privatization of property jointly owned by territorial communities of villages, settlements, of the region for 2019–2020 (hereinafter - the Program) defines the goal, ways, how, activities and objectives of privatization of joint ownership of territorial communities of villages, settlements, cities area.

 

1.2. The program is approved for a period of two years.

 

1.3. Privatization of property jointly owned by territorial communities of villages, settlements, of the region is carried out in accordance with the requirements of the Law of Ukraine "On the Privatization of State and Communal Property" (hereinafter - the Law).

For the purpose of rational and effective application of privatization methods, objects of privatization are divided into objects of small privatization and objects of large privatization (part one of the article 5 of the law).

1.4. The body for privatization of joint property of territorial communities of villages, settlements, the city of the region (hereinafter referred to as the Privatization Authority) exercises the powers defined by the Law within its competence, normative legal acts of the Cabinet of Ministers of Ukraine, State Property Fund of Ukraine and acts of the Regional Council on Privatization.

1.5. On behalf of the regional council, the Privatization Authority involves the Carpathian Universal Commodity Exchange, As organizer of the auction, implement the electronic auctions for sale of small privatization, as well as for work on the privatization of redemption by tenants, of that contract to carry out privatization of joint ownership of territorial communities of villages, settlements, cities area.

1.6. Privatization of enterprise lands, institutions and organizations of joint ownership of territorial communities of villages, settlements, Cities area governed by the Land Code of Ukraine.

1. PURPOSE AND PROGRAMS ways to achieve

2.1. The main goal of the Program is to accelerate economic growth, attracting investment, reducing the share of municipal property in the structure of Ukraine's economy through privatization sale of effective private owner.

2.2. The program is implemented by introducing a new procedure for the privatization of property jointly owned by territorial communities of villages, settlements, cities area, which will provide open of privatization, whose continued presence in the municipal property is uneconomical and require additional budget expenditures for their maintenance or development.

1. Ways of achieving the goal

3.1. The regional council can initiate the privatization of property, regional state administration at the request of the relevant structural unit (hereinafter referred to as the Authorized Management Body), Or buyers of privatization.

3.2. The authorized management body submits annually to 1 October of privatization proposals to include objects of joint ownership of territorial communities of villages, settlements, cities area, within the scope of its management to the list of objects of small privatization, to be privatized next year in the format of the application.

3.3. Privatization of property jointly owned by territorial communities of villages, settlements, bridge of the region is carried out by:

1) sale of objects at auction, including:

– auction with conditions;

– auction without conditions;

– auctions using the method of step-by-step reduction of the starting price and subsequent submission of price offers;

– auctions with a lower starting price;

2) purchase of privatization objects.

3.4. Об’єкти малої приватизації продаються виключно на електронних аукціонах (частина перша статті 15 of the law).

3.5. Електронний аукціон проводиться відповідно до договору, which is concluded between the Auction Organizer and the operators of electronic platforms (part 2 articles 15 of the law).

3.6. For the sale of small-scale privatization objects, the Privatization Authority shall, within ten working days from the date of adoption of the decision of the regional council on the privatization of the object, form an auction commission on behalf of the regional council, governed by the provisions of, approved the decision of the Regional Council.

Auction Commission develops terms of sale, що затверджуються Органом приватизації (частина четверта статті 15 of the law).

3.7. Приватизація об’єктів спільної власності територіальних громад сіл, settlements, cities area, leased, carried out by selling at auction or by purchase, if the conditions provided for by Article 18 Law.

3.8. During the privatization object by its sale at auction, викупу між продавцем і покупцем укладається відповідний договір купівлі-продажу (додаються).

1. OBJECTS OF PRIVATIZATION

4.1. До об’єктів малої приватизації належать:

1) окреме майно

Окремим майном вважається рухоме та нерухоме майно комунальних підприємств (у тому числі будівлі, structure, нежитлові приміщення); майно, that remained after liquidation proceedings utility companies, визнаних банкрутами; майно підприємств, liquidated.

2) objects of unfinished construction (buildings, structure, transmitting devices, which are not put into operation), preserved objects;

3) objects of social and cultural purpose;

4) other objects, non-privatization of large objects.

 

4.2. List of objects of small privatization, for privatization approved by Regional Council decision. The inclusion of new objects in the List is carried out by adopting a separate decision on each object of joint ownership of territorial communities of villages, settlements, cities of the region in accordance with part four of the article 11 Law.

1. EXPECTED RESULTS

5.1. Implementation of the Program will enable:

- to speed up the process of privatization of property jointly owned by territorial communities of villages, settlements, cities area, whose further stay in communal property is economically impractical;

- increase the economic efficiency of property sales and increase revenue to the regional budget.

1. FINANCIAL RESULTS OF THE PROGRAM

6.1. Funds, derived from the sale of property in joint ownership of territorial communities of villages, settlements, cities area, other income, directly related to the privatization process (amounts of fines for late payments for purchased privatization objects, etc.), credited to the regional budget in full, except for the participation fee (part one of the article 25 of the law).

If the decision to terminate the privatization of paid registration fee for registering bidders for the auction and margin returning all potential buyers of the facility.

6.2. At the expense of funds from the regional budget for events, related to the privatization of property in joint ownership of territorial communities of villages, settlements, cities area, the following expenses are incurred:

1) payment of services, which are provided:

- individuals and organizations, залученими до робіт з проведення приватизації об’єктів;

- individuals and organizations, involved in the work of audit, Examination of technical state, protection and preservation of their sale, надання юридичних послуг;

– суб’єктами оціночної діяльності – суб’єктами господарювання, involved in the assessment of privatization objects;

- individuals and organizations, involved in the work on the production of technical documentation for the object;

- individuals and organizations, those involved in the acquisition and maintenance of software for the implementation of the privatization process;

2) costs, related to:

- implementation of information activities on issues of privatization, coverage of privatization processes in mass media;

- purchase of computer and office equipment, means of communication, equipment, inventory, software.

 

6.3. The implementation of the Program is carried out within the limits of expenditures provided for by the decision of the regional council on the regional budget for the relevant year.