RESOLUTION OF THE SUPREME RADA OF UKRAINE On Provisional Ordinance on the State Property Fund of Ukraine The Supreme Rada of Ukraine hereby resolves: 1. To approve the Provisional Ordinance on the State Property Fund of Ukraine (enclosed). 2. The Commissions of the Supreme Rada of Ukraine on matters of economic reform and management of National economy and on matters of the development of basic sectors of National economy, the Cabinet of Ministers of Ukraine and the State Property Fund of Ukraine shall by 1 October 1992 prepare and submit for consideration of the Supreme Rada of Ukraine draft legal acts on management of the state sector of economy, on the Cabinet of Ministers of Ukraine and on the State Property Fund of Ukraine. 3. To establish that management of property complexes backing up the activities of the Supreme Rada of Ukraine, the President of Ukraine and the Cabinet of Ministers of Ukraine shall be carried out by the appropriate services of the indicated institutions. The Chairman of the Supreme Rada of Ukraine I. PLIUSHCH The City of Kiev, 7 July 1992 No 2558-XII Approved by Resolution of the Supreme Rada of Ukraine of 7 June 1992 No 2558-XII PROVISIONAL ORDINANCE on the State Property Fund of Ukraine The State Property Fund of Ukraine (hereinafter "Fund") is a state body charged with carrying out state policy in the sphere of privatization of state property and acting as lessor of property complexes that are National property. Fund is subordinated and accountable in its activities to the Supreme Rada of Ukraine. Fund is guided in its activities by the Constitution and legislative acts of Ukraine, of the Cabinet of Ministers of Ukraine and by this Ordinance. Fund shall set up its regional branches in the Republic of Crimea, oblasts, the cities of Kiev and Sevastopol. Where necessary, Fund shall have the right to set up representative offices in other cities, as well as in rayons of Ukraine. Principal tasks of Fund shall be: protection of property rights of Ukraine in its territory and abroad, execution of its rights to manage property of state enterprises in the process of their privatization, creation of joint venture enterprises, execution of its powers regarding organization and conduct of privatization of assets of enterprises that are National property, execution of its powers of lessor in respect to property of state enterprises and organizations and structural sub-units of such, assistance in the process of de-monopolization of the economy and creation of conditions favorable to competition among producers. Fund shall, in execution of tasks set to it: develop and submit to the Cabinet of Ministers of Ukraine, draft state privatization programs, organize and supervise fulfillment of such, alter, in the process of privatization, organizational and legal status of enterprises that are National property, by way of transforming such into open type joint stock companies, carry out powers of owner in respect to the portion of shares of joint stock companies that should fail to be sold in the process of privatization, in particular, carry the risk (liability) within the scope of the indicated portion, sell National property in the process of privatization of such including property of liquidated enterprises and unfinished construction sites, set up privatization commissions, adopt plans for privatization of National property, enter into agreements with intermediaries concerning organization of preparation for privatization and sale of privatization objects, issue licenses to intermediaries, maintain links with local privatization bodies, undertake measures aimed at attracting foreign investors to participation in privatization process, systematically inform general public, the Supreme Rada of Ukraine, bodies of state executive power and of local and regional self-government on the progress of privatization of state property, draw up annual reports on the progress of privatization and on balance of revenues and expenses of Fund and submit it to consideration and approval of the Supreme Rada of Ukraine upon agreement with the Cabinet of Ministers of Ukraine, act as lessor in respect of assets of integral property complexes of enterprises, organizations and structural sub-units of such that are in National ownership, grant permissions to enterprises and organizations to lease property complexes of their structural sub-units, take part in setting up joint venture enterprises into registered funds of which National property is transferred, take part in developing draft normative acts on matters pertaining to management of property in state ownership and privatization of such property, take part in preparing and concluding international agreements on matters of ownership and use of state property, represent Ukrainian interests abroad in matters related to protection of property rights of the state. Fund shall have the right to: issue, within the scope of its competence, normative documents binding for bodies of state executive power and other legal entities, and supervise observance of such documents, request any information from bodies of state executive power necessary for the execution of tasks and functions established by this Ordinance, carry out inventory of National property subject to privatization in accordance with the state privatization program, and commission auditing of the efficiency of the utilization of such property, approve estimates of expenses out of state extra-budgetary privatization fund within limits established by the State program for privatization of assets of state enterprises. 7. Fund, its regional branches and representative offices have no right to interfere with the day-by-day economic activities of enterprises, with the exception of cases provided for in Ukrainian legislation and foundation documents of such enterprises. Fund shall be managed by the Head appointed to and dismissed from position by the Supreme Rada of Ukraine at representation of the President of Ukraine. The Head of Fund shall have deputies appointed to and dismissed from position by the Supreme Rada of Ukraine at representation of the Head. Heads of regional branches and local representative offices of Fund shall be appointed to their positions by the Head of Fund at representation of bodies of state executive power of the appropriate administrative-territorial entities and dismissed from their positions by the Head of Fund upon consent of such bodies. The Head of Fund, heads of regional branches and local representative offices bear personal responsibility for the fulfillment of tasks set to Fund and regional branches and local representative offices and for carrying out their functions. The Head of Fund, his/her deputies, heads of regional branches and local representative offices, leading officials of these bodies shall not be People's Deputies, members of managing bodies of political parties or other public associations, hold positions in business and commercial organizations. Employees of Fund, its regional branches and local representative offices shall not be permitted to buy privatization objects (except for cases where they use their privatization papers). With the purpose of ensuring the adoption of concerted decisions on matters related to implementation of state policies in the sphere of privatization and lease of property in National ownership, the discussion of the principal directions of activities, the Management Board shall be created in Fund comprising the Head of Fund, his/her appointed deputies and leading officials of Fund. Personal composition of the Board shall be subject to approval by the Presidium of the Supreme Rada of Ukraine. Decisions adopted by the Board shall be implemented through Orders of Fund. 12. Limits for numbers of personnel and pay-roll funds of Fund, its regional branches and local representative offices shall be subject to approval by the Presidium of the Supreme Rada of Ukraine. Structure and personnel arrangements of Fund apparatus and provisions on its structural sub-units shall be approved by the Head of Fund, and the same of regional branches and local representative offices, by heads of such on the basis of model provisions developed by Fund in agreement with the Commission of the Supreme Rada of Ukraine on matters of economic reform and management of National economy. Financing of maintenance of Fund and its regional branches apparatus shall be made out of State budget, and financing of maintenance of local representative offices, out of assets of extra-budgetary privatization funds. 15. Fund, its regional branches and representative offices shell be legal entities, possess own balances, settlement and other accounts in bank institutions and stamps with the representation of the State Emblem of Ukraine and their appellation.