LAW OF UKRAINEAbout investment activity
A law is put in an operation from the day of publication - on November, 19, 1991
(according to Resolution of Verkhovna Rada of Ukraine
from September, 18, 1991 N 1561 - XII)
With changes and additions brought in
By the laws of Ukraine
from December, 10, 1991 N 1955 - XII,
from March, 5, 1998 N of 185/98-ВР,
from May, 21, 1999 N 697 - XIV,
from December, 20, 2001 N 2899 - III,
from July, 4, 2002 N 40 - IV
(changes, statutory Ukraine from July, 4, 2002 N 40, - IV
entered into by on January, 1, 2003)
(changes in this Law, brought in by Law of Ukraine from July, 4, 2002 N 40, - IV,
it is shut-down on 2003 in connection with the stop of action of point of 3 divisions of VII of Law of Ukraine
from July, 4, 2002 N 40 - IV by law Ukraine from December, 26, 2002 N 380 - IV,
on 2004 - by law Ukraine from November, 27, 2003 N 1344 - IV,
on 2005 - by law Ukraine from Decembers, 23, 2004 N 2285 - IV),
from May, 15, 2003 N 762 - IV,
from November, 20, 2003 N 1294 - IV,
from February, 3, 2004 N 1407 - IV,
from March, 25, 2005 N 2505 - IV,
from December, 15, 2005 N 3201 - IV,
from January, 19, 2006 N 3370 - IV,
from May, 16, 2007 N 1026 - V,
from December, 25, 2008 N 800 - VI,
from June, 29, 2010 N 2367 - VI,
from September, 9, 2010 N 2518 - VI,
from February, 17, 2011 N 3038 - VI
(changes envisaged by indentions fifth - eleventh to the subitem of 3 points 11
To the law of Ukraine from February, 17, 2011 N 3038 - VI
entered into by on June, 13, 2011),
from Junes, 2, 2011 N 3461 - VI,
from Decembers, 22, 2011 N 4218 - VI,
from Decembers, 22, 2011 N 4220 - VI,
from July, 5, 2012 N 5080 - VI,
from October, 16, 2012 N 5463 - VI,
from November, 20, 2012 N 5492 - VI
Position of part of the first article 19 of this Law is give official interpretation
By the decision of Constitutional Court of Ukraine
from January, 29, 2002 N of 1-рп/2002
(In text of Law of word the "investment program" and "investment program(project) " are in all cases and numbers a "investment project" is transferable words in a corresponding case and number by law Ukraine from Decembers, 22, 2011 N 4218 - VI)(In text of Law of word a "central executive body on questions economic politics" in all cases is transferable words "central executive, that will realize a public policy in the field of economic development" in a corresponding case by law Ukraine from October, 16, 2012 N 5463, body - VI)
This Law determines the general legal, economic and social conditions of investment activity on territory of Ukraine.
He is sent to providing of even protection of rights, interests and property of subjects of investment activity regardless of patterns of ownership, and also on the effective investing of economy of Ukraine, development of international economic cooperation and integration.
(an indention is second preambles with the changes brought in
by law Ukraine from 22.12.2011 N 4218 - VI)
I. GENERALSArticle 1. Investments
Investments are all types of property and intellectual values, that is laid in the objects of enterprise and other types of activity as a result of that an income(profit) is created or a social effect is arrived at.
Such values can be:
money, having a special purpose bank holding, shares, actions and other securities (except the bills of exchange);
(an indention is second parts of the second article 1 with the changes brought in
by law Ukraine from 22.12.2011 N 4218 - VI)
personal and immobile chattels(houses, building, equipments and other material values);
property intellectual ownership rights;
(an indention is fourth parts of the second article 1 in
releases of Law of Ukraine from 03.02.2004 N 1407 - IV)
totality of the technical, technological, commercial and other knowledge, executed as technical documentation, skills and productive experience, necessary for organization of that or other type of production, but not patented("now-how");
rights for using earth, by water, resources, houses, building, equipment, and also other property rights;
other values.
Investments in the recreation of capital assets and on the increase of матеріально-виробничих supplies come true in form capital investments.
Article 2. Investment activity
1. Investment activity is totality of practical actions of citizens, legal entities and state in relation to realization of investments.
2. Investment activity comes true on basis:
investing, carried out by citizens, non-state enterprises, economic associations, unions and societies, and also by public and religious organizations, other legal entities based on collective property;
state investing, including state support of realization of investment projects in accordance with the this Law, provisions carried out by public authorities and government of Autonomous Republic of Crimea bodies due to money of budgets, off-budget funds and borrowed money, and also by state enterprises and establishments due to the personal and borrowed funds;
(an indention is third parts of the second article 2 with the changes brought in
by law Ukraine from 22.12.2011 N 4218 - VI)
investing, local self-government carried out by organs;
(part second of the article 2 is complemented by a new indention fourth
by law Ukraine from 22.12.2011 N 4218 - VI,
in this connection indentions fourth and fifth
to consider accordingly indentions fifth and sixth)
foreign investing, carried out by foreign citizens, legal entities and states;
general investing, carried out by citizens and legal entities of Ukraine, foreign states.
(part is second to the article 2 with the changes brought in according to
By the law of Ukraine from 10.12.91 N 1955 - XII)
3. Investment activity is provided by realization of investment projects and realization of operations with corporate laws and other types of property and intellectual values.
An investment project is totality of purposeful організаційно-правових, administrative, analytical, financial and technical measures, that come true by the subjects of investment activity and executed as планово-розрахункових documents, necessary and sufficient for a ground, organization and management works from realization of project. Development of project(investment) suggestion can be preceded development of investment project.
Project(investment) suggestion is a result of техніко-економічного research of investment possibilities on the basis of that made decision about realization of investment project, executed as suggestion in relation to initiation of investment project. Development of project(investment) suggestion is one of the stages of development of investment project.
The form of project(investment) suggestion, an investment project for development of that state support can be given prepares on the basis of that, becomes firmly established a central executive that provides forming of public policy in the field of economic development body.
(an indention is fourth parts of the third article 2 with changes,
brought in by law Ukraine from 16.10.2012 N 5463 - VI)
An investment project for realization of that state support can be given is developed all right and after a form, ratified by a central executive that provides forming of public policy in the field of economic development body.
(an indention is fifth parts of the third article 2 with changes,
brought in by law Ukraine from 16.10.2012 N 5463 - VI)
An investment project for realization of that state support can be given must contain:
resume(aim of project, directions of the use of investments, accordance of project to the strategic position papers of the state, prognosis production of goods(commodities, services) volumes, requirement in investments, necessity of providing lot land or rights on her(lease, суперфіцій, fee-farm) for realization of project, basic indexes of efficiency of project, including енергоефективності, conclusions of examination in accordance with a legislation);
general description of the state and problems related to development of objects and subjects of investment activity(description of objects and subjects, products(commodities, services), results of analysis of markets of production(commodities, services), analysis of competition potential of subject distribution, in particular exposure of possibilities of development, threats and problems in activity);
organizational plan, plans of marketing and productive activity;
plan of realization of project(term of introduction in an action of capital assets, skilled providing, organizational structure and project management, development of infrastructure, measures on the guard of natural environment, sourcing and payments of project after the obligations of subject of investment activity, guarantee and chart of return of investments, if such return is envisaged by a project);
financial plan(estimation of financial and economic possibility of project);
information about the risks of project, measures of caution and insurances of risks in cases statutory;
a prognosis of economic and social effect is from realization of project;
a prognosis of receivabless is to the budgets and state having a special purpose funds;
a package of documents is with the ground of estimation of influence on a natural environment.
An investment project can contain additional information depending on the sphere of activity, realization of project is envisaged in that.
The building project worked out in accordance with a legislation can join in an investment project.
(the article 2 is complemented by part third according to
By the law of Ukraine from 22.12.2011 N 4218 - VI)
4. Investment activity with securities comes true in the order set by a legislation about securities and fund market.
(the article 2 is complemented by part fourth according to
By the law of Ukraine from 22.12.2011 N 4218 - VI)
5. State support of realization of investment project and project(investment) suggestion is given in the order set by this Law.
(the article 2 is complemented by part fifth according to
By the law of Ukraine from 22.12.2011 N 4218 - VI)
Article 3. Innovative activity
1. Innovative activity is totality of the measures, sent to creation, introduction, distribution and realization of innovations under the Law of Ukraine "On innovative activity" with an aim receipts of commercial та/або social effect, that come true by realization of the investments inlaid in the objects of innovative activity.
(part is first to the article 3 in a release
To the law of Ukraine from 22.12.2011 N 4218 - VI)
Article 4. Objects of investment activity
The objects of investment activity can be any property, including capital assets and turnover means in all industries of economy, securities (except the bills of exchange) , having a special purpose money holding, scientific and technical production, intellectual values, other objects of property, and also property rights.
(part is first to the article 4 with the changes brought in
by law Ukraine from 22.12.2011 N 4218 - VI)
Investing is forbidden in objects, creation and the use of that does not answer the requirements of the sanitary-hygenic, radiation, ecological, architectural and other norms set by the legislation of Ukraine, and also violates rights and interests of citizens, legal entities and states that is guarded by a law.
Investing and financing of building of housing objects with the use of the non-state money attracted from physical and legal persons, including in a management, can come true exceptionally through the funds of financing of building, funds of operations with the real estate, institutes of the general investing, and also by emission of having a special purpose bonds of enterprises, fulfiling commitment after that comes true by the transmission of housing. object(parts of object) another ways of financing of building of such objects are determined exceptionally by laws.
(the article 4 is complemented by part third according to
By the law of Ukraine from 15.12.2005 N 3201 - IV,
part is third to the article 4 in a release
To the law of Ukraine from 29.06.2010 N 2367 - VI,
with the changes brought in according to
By the law of Ukraine from 02.06.2011 N 3461 - VI)
Article 5. Subjects of investment activity
1. The subjects(by investors and participants) of investment activity can be citizens and legal entities of Ukraine and foreign states, and also the states.
(part is first to the article 5 with the changes brought in according to
By the law of Ukraine from 10.12.91 N 1955 - XII)
Non-state pension, fund is institutes of the general investing, insurers and financial institutions - the legal entities of public law carry out investment activity in accordance with a legislation that determines the features of their activity.
(part first of the article 5 is complemented by an indention second
by law Ukraine from 29.06.2010 N 2367 - VI,
an indention is second parts of the first article 5 with changes
brought in by law Ukraine from 05.07.2012 N 5080 - VI)
2. Investors are subjects of investment activity, that make decision about the investment of the own, borrowed and attracted property and intellectual values in the objects of investing.
Investors can play role of depositors, creditors, customers, and also to execute the functions of any participant of investment activity.
3. The participants of investment activity can be citizens and legal entities of Ukraine, other states that provide realization of investments as performers of orders or on the basis of commission of investor.
Article 6. A legislation is about investment activity
Relations that arise up during realization of investment activity on Ukraine are regulated by this Law, other legislative acts of Ukraine.
Investment activity of subjects of Ukraine after her limits is regulated by the legislation of the foreign state on territory of that this activity comes true, corresponding agreements of Ukraine, and also special legislation of Ukraine.
Features of realization of investment activity on territory of Ukraine by the subjects of investment activity, located outside Ukraine, and also these subjects and subjects of Ukraine in the zones of free enterprise on Ukraine determined by the special legislation of Ukraine.
(the article 6 is with the changes brought in according to
By the law of Ukraine from 10.12.91 N 1955 - XII)
II. REALIZATION OF INVESTMENT ACTIVITYArticle 7. Rights for the subjects of investment activity
1. All subjects of investment activity regardless of patterns of ownership and menage have equal rights in relation to realization of investment activity, if other is not envisaged by the legislative acts of Ukraine.
Placing of investments in any objects, except those, investing in that is forbidden or limited to this Law, other acts of legislation of Ukraine, confesses the inalienable right of investor and guarded by a law.
2. An investor determines aims, directions, kinds and volumes of investments independently, attracts for their realization on contractual basis of any participants of investment activity, including by organization of competitions and tenders.
3. In decision of investor of right for possession, use and disposing of investments, and also by the results of their realization can be passed to other citizens and legal entities in the order set by a law. Mutual relations at such assignment of rights are regulated by them independently on the basis of agreements.
4. For investing financial means can be attracted as credits, to producing in the order of securities and loans set by a legislation.
Property of investor can be used to them for providing of his obligations. Such property that is in property of borrower or belongs to him on a right for the complete economic knowing is accepted in a mortgage only, if other is not envisaged by the legislative acts of Ukraine. The compelled property at neglect of mortgage duties can be realized in accordance with a current legislation.
5. An investor has a right to own, to use and dispose of objects and results of investments, including reinvestments and trade operations on territory of Ukraine, in accordance with the legislative acts of Ukraine.
For state enterprises that come forward as investors outside Ukraine and a mortgage loan is open that, a guarantee is set on these investments from the side of the state.
(part is fifth to the article 7 with the changes brought in according to
By the law of Ukraine from 10.12.91 N 1955 - XII)
6. An investor has a right on acquisition of necessity property him for citizens and legal entities directly or through mediators on prices and on the terms that is determined by arrangement parties, if it does not conflict with the legislation of Ukraine, without limitation on a volume and nomenclature.
The article is 8. Duties of subjects of investment activity
1. Investor in the cases and order, set by the legislation of Ukraine, obliged:
to give to the financial organs declaration about volumes and sources of the investments carried out by him;
to get permission on implementation of construction-works in the cases and order, set by Law of Ukraine "On adjusting of town-planning activity";
(an indention is third parts of the first article 8 in a release
To the law of Ukraine from 17.02.2011 N 3038 - VI)
to get the writing report of examination of building project in the cases and order, set by the article of a 31 Law of Ukraine "About adjusting of town-planning activity";
(an indention is fourth parts of the first article 8 in a release
To the law of Ukraine from 05.03.98 N of 185/98-ВР,
with the changes brought in according to
By the laws of Ukraine from 16.05.2007 N 1026 - V,
from 25.12.2008 N 800 - VI,
in the release of Law of Ukraine
from 17.02.2011 N 3038 - VI,
with the changes brought in according to
By the laws of Ukraine from 22.12.2011 N 4218 - VI,
from 22.12.2011 N 4220 - VI)
to get the positive conclusion of state examination of investment project in cases and order, of the Ministers of Ukraine set by Cabinet.
(part first of the article 8 is complemented by an indention fifth
by law Ukraine from 17.02.2011 N 3038 - VI)
2. Subjects of investment activity are under an obligation :
to restrain state norms and standards, the order of establishment of that is determined by the legislation of Ukraine;
to execute the requirements of public organs and public servants that is produced within the limits of their competense;
to give accounting and statistical control in accordance with established procedure;
to shut out an unfair competition and execute the requirements of legislation about defence of economic competition;
(an indention is fifth parts of the second article 8 with the changes brought in
by law Ukraine from 20.11.2003 N 1294 - IV)
(part is second to the article 8 with the changes brought in according to
By the law of Ukraine from 10.12.91 N 1955 - XII)
to pay taxes, collections(obligatory payments) in sizes and in the order, certain the laws of Ukraine.
(part second of the article 8 is complemented by an indention sixth
by law Ukraine from 20.12.2001 N 2899 - III)
3. For realization of economic activity that is subject to licensing, the participants of investment activity must get a corresponding license, that is given out in the order set by a legislation.
(part is third to the article 8 in a release
To the law of Ukraine from 19.01.2006 N 3370 - IV)
Article 9. Relations are between the subjects of investment activity
A basic legal document that regulates mutual relations between the subjects of investment activity is an agreement(agreement).
Entering into contracts, a choice of partners, determination of obligations, any other terms of economic mutual relations that does not conflict with the legislation of Ukraine, is the exceptional competense of subjects of investment activity.
Investing and financing of one apartment in the object of building it is possible a few investors exceptionally on condition of conclusion between them of agreement in a writing form, part of every investor and order of bringing to them of corresponding investment are determined in that.
(the article 9 is complemented by new part third
by law Ukraine from 29.06.2010 N 2367 - VI
in this connection to consider part third part fourth)
Interference of public organs and public servants with realization of contractual relations between the subjects of investment activity over the competense shut out.
Article 10. Sourcings of investment activity
1. Investment activity can come true for an account:
own financial resources of investor(income, depreciation decrees, reimbursements of losses from accidents, natural calamity, money piling up and economies of citizens, legal entities and others like that);
borrowed financial means of investor(bond loans, bank and budgetary credits);
attracted financial means of investor(money got from the sale of actions, ration and other payments of citizens and legal entities);
budgetary investment assignations;
безоплатних and eleemosynary payments, offering of organizations, enterprises and citizens.
III. GOVERNMENT CONTROL OF INVESTMENT ACTIVITYArticle 11. Aims of government control of investment activity
Government control of investment activity comes true with the aim of realization of economic, scientific and technical and social politics coming from aims and indexes of economic and social development of Ukraine, government and regional programs of development of economy, state and local budgets, volumes of financing of investment activity envisaged in particular for them.
(part is first to the article 11 in a release
To the law of Ukraine from 22.12.2011 N 4218 - VI)
Favourable terms are thus created to the investors that carry out investment activity at the most essential for pleasure public necessities directions, first of all social sphere, technical and technological perfection of production, creation of new workplaces for citizens, that need social defence, introduction of opening and inventions, in an agroindustrial complex, in realization of the programs of liquidation of consequences of the Chornobyl' accident, in the production of building materials, in industry of education, culture, of guard of cultural heritage, of guard of environment and health.
(part is second to the article 11 with the changes brought in
by law Ukraine from 04.07.2002 N 40 - IV)
(changes to part of the second article 11, brought in by Law of Ukraine from July, 4, 2002 N 40, - IV, is shut-down on 2003 in connection with the stop of action of point of 3 divisions of VII of Law of Ukraine from July, 4, 2002 N 40 - IV by law Ukraine from 26.12.2002 N 380 - IV,on 2004 - by law Ukraine from 27.11.2003 N 1344 - IV,on 2005 - by law Ukraine from 23.12.2004 N 2285 - IV)
(changes to part of the second article 11, brought in by Law of Ukraine from July, 4, 2002 N 40, - it is eliminated IV, in connection with the exception of point of 3 divisions of VII of Law of Ukraine from July, 4, 2002 N 40 - IV by law Ukraine from 25.03.2005 N 2505 - IV)
(part is second to the article 11 with the changes brought in
by law Ukraine from 09.09.2010 N 2518 - VI)
Article 12. Forms of government control of investment activity
1. Government control of investment activity includes a management, and also adjusting of terms of investment activity and control, public investments after her realization by all investors and participants of investment activity.
2. A management public investments comes true by public authorities and government of Autonomous Republic of Crimea bodies and includes planning, determination of terms and implementation of the concrete operating under investing of budgetary and off-budget facilities.
(part is second to the article 12 with the changes brought in
by law Ukraine from 22.12.2011 N 4218 - VI)
3. Adjusting of terms of investment activity comes true by a way:
an indention is second parts of the third article 12 are eliminated
(by law Ukraine
from 20.12.2001 N 2899 - III)
an indention is third parts of the third article 12 are eliminated
(by law Ukraine
from 20.12.2001 N 2899 - III)
presentation of financial help is as grants, subsidies, субвенцій, budgetary loans on development of separate regions, industries, productions;
state norms and standards;
measures in relation to development and defence of economic competition;
(an indention is sixth parts of the third article 12 in a release
To the law of Ukraine from 20.11.2003 N 1294 - IV)
роздержавлення and privatizing of property;
determination of terms of using earth, water and other natural resources;
politicians of pricing;
realization of state examination of investment projects;
(an indention is tenth parts of the third article 12 in a release
To the law of Ukraine from 05.03.98 N of 185/98-ВР,
with the changes brought in according to
By the laws of Ukraine from 22.12.2011 N 4218 - VI,
from 22.12.2011 N 4220 - VI)
other measures.
The article is a 12 1. State support and stimulation of investment activity
1. Directions of investment activity, after that state support is given, are determined by the position papers ratified in the order set by a legislation.
State support of investment activity envisages participating of the state in development та/або realization of investment projects.
State support for realization of investment projects is given, in particular, by a way:
financing of realization of investment projects due to money state or local budgets;
співфінансування of investment projects from state and local budgets;
grant in accordance with a legislation for realization of investment projects of state and local guarantees with the aim of providing of implementation of debt obligations after borrowing of subject of menage and crediting due to money state or local budgets;
complete or partial indemnification due to money state or local budgets of percents after the credits of subjects of menage for realization of investment projects;
application of other forms envisaged by this Law.
State support for development of investment project is given exceptionally in case of presence of project(investment) suggestion by financing or співфінансування due to money state та/або local budgets.
2. State support for development or realization of investment projects is given exceptionally after state registration of project(investment) suggestions or investment projects and estimation them economic efficiency that is conducted by a central executive that will realize a public policy in the field of economic development body, during one month in the order and according to criteria, set by Cabinet of Ministers of Ukraine.
State support for development or realization of investment project can not be given in case of presence even one negative expert conclusion on results realization of the marked estimation.
3. The selection of project(investment) suggestions and investment projects, for development or realization of that gets state support, comes true on competitive basis on the basis of data of the State register of investment projects and project(investment) suggestions, and also expert conclusions on results realization of expert estimation them economic efficiency.
List of documents that is given for such selection, and also and criteria of selection and determination of form of grant of state support for development or realization of corresponding investment projects established order by Cabinet of Ministers of Ukraine.
To the marked documents the results of independent examination of project(investment) suggestion and investment project can be added, conducted due to money of subject of investment activity.
4. Basic principles of grant of state support for development or realization of investment projects are determined by a law.
The grant of such state support comes true in the order set by Cabinet of Ministers of Ukraine.
5. The subject of investment activity, state support is rendered that for development or realization of investment project, brings to conformity with the indexes of the state budget on the planned budgetary period and prognosis of the State budget of Ukraine on the following planned two budgetary periods plans of the activity on planned and following planned two budgetary periods that include measures for development or from realization of investment projects.
6. Central executive that will realize a public policy in the field of economic development body, on the basis of given by the subjects of investment activity of information in relation to the state support and data of the State register of investment projects and project(investment) suggestions given to them provides realization of monitoring and analysis of efficiency of the use of state support of investment activity in the order set by a central executive that provides forming of public policy in the field of economic development body.
(an indention is first parts of the sixth article 12 1 with changes,
brought in by law Ukraine from 16.10.2012 N 5463 - VI)
The results of such analysis drawn on by executive bodies during the stowage of the State budget of Ukraine statement on a next year, and also for forming of suggestions in the State budget of Ukraine on next budgetary periods in relation to the charges directed in support investment activity.
(A law is complemented by the article 12 1 according to
By the law of Ukraine from 22.12.2011 N 4218 - VI)
The article 12 2. is State registration of investment projects and project(investment) suggestions
1. State registration of investment projects for realization of that state support can be given and project(investment) suggestions, investment projects for development of that state support can be given prepare on the basis of that, comes true by a central executive that will realize a public policy in the field of economic development body, on the basis of positive conclusion of expert estimation them economic efficiency.
2. By the subject of investment activity for state registration of investment project or project(investment) suggestion to the central executive that will realize a public policy in the field of economic development body, such documents are given:
1) statement about consideration of investment project or project(investment) suggestion after a form, ratified by a central executive that provides forming of public policy in the field of economic development body;
(a point of a 1 part of the second article 12 2 is with the changes brought in
by law Ukraine from 16.10.2012 N 5463 - VI)
2) copies of investment project or project(investment) suggestion that прошита are numbered, validified by the signature of the authorized face of subject of investment activity, and also printing(for a legal entity);
3) the notarial validified copies of testifying to state registration and constituent documents(for a legal entity - resident);
4) certificates of organ of government tax service at the place of registration of subject of investment activity as a taxpayer about the state of calculations with the state budget(for a legal entity - resident);
5) copies of документа, that certifies person, and certificates about the appropriation of registration number of index card of taxpayer (, that from the religious persuasions gave up the acceptance of registration number of index card of taxpayer and reported about it the corresponding organ of government tax service and have a corresponding record in the noncontact electronic transmitter of passport of citizen of Ukraine) with the grant of originals of the marked documents (for a physical person - resident) except physical persons;
(a point of a 5 part of the second article 12 2 is with the changes brought in
by law Ukraine from 20.11.2012 N 5492 - VI)
6) documents that testify to registration(formation) of foreign legal entity in the state of her location, in particular self-controls from a trade, bank or judicial register, states validified in accordance with a legislation their deliveries translated into the Ukrainian language and legalized in consular establishment of Ukraine(if other is not envisaged by the international agreements of Ukraine) or validified in the embassy of the corresponding state in Ukraine and legalized in a central executive body on questions providing of realization of public policy in the field of external зносин of Ukraine(if the participant of realization of investment project is a legal entity - non-resident);
7) expert conclusions are given out in accordance with established procedure in relation to an investment project, including permissions and positive conclusions on results examination in accordance with the articles 8 and 15 this Law, and also testifying to his state registration as innovative or priority innovative under the Law of Ukraine "On innovative activity" (in case of state registration of investment project).
3. In the cases set by a law, in demand of central executive that will realize a public policy in the field of economic development body, the subject of investment activity is give other documents necessary for consideration of investment project or project(investment) suggestion also, depending on the possible forms of grant of state support.
4. The term of consideration of given for state registration of investment project or project(investment) suggestion of documents must not exceed one month from the day of their receipt.
5. After state registration of investment project or project(investment) suggestion a central executive that will realize a public policy in the field of economic development body gives out to the subject of investment activity drew out from the State register of investment projects and project(investment) suggestions.
6. Information about state registration of investment project or project(investment) suggestion is made public by placing of corresponding self-control from the State register of investment projects and project(investment) suggestions on the official web-site of central executive that will realize a public policy in the field of economic development body, during one month from the day of state registration.
7. Drew out from the State register of investment projects and project(investment) suggestions in relation to volumes and forms of grant of state support of investment activity on next budgetary periods used for forming of indicative prognosis charges of the State budget of Ukraine on corresponding periods.
8. The conduct of the State register of investment projects and project(investment) suggestions comes true in the order, set by Cabinet of Ministers of Ukraine.
9. The term of action of state registration of investment project and project(investment) suggestion ceases in case of completion of realization or development of investment project та/або after the giving of subject of investment activity, or if during more than three years such project or suggestion is not select during realization of competitive selection for the grant of state support, whereupon a corresponding record in the State register of investment projects and project(investment) suggestions is rescinded.
10. State registration of investment project or project(investment) suggestion envisages no obligations in relation to the grant of state support due to money state та/або local budgets.
11. A central executive that will realize a public policy in the field of economic development body provides maintenance to them of the confidential information related to the investment projects.
(A law is complemented by the article 12 2 according to
By the law of Ukraine from 22.12.2011 N 4218 - VI)
Article 13. An order of making decision is in relation to public investments
(the name of the article 13 is with the changes brought in according to
By the law of Ukraine from 22.12.2011 N 4218 - VI)
1. In relation to public investments made decision on the basis of prognoses of economic and social development of the state, of charts of development and placing of productive forces, government having a special purpose programs and feasability studies that determine expediency of these investments.
(part is first to the article 13 with the changes brought in
by law Ukraine from 22.12.2011 N 4218 - VI)
2. Part second of the article 13 is eliminated
(by law Ukraine
from 22.12.2011 N 4218 - VI)
3. Verkhovna Rada of Ukraine asserts in composition Basic directions of economic and social development the states volumes of the public investments carried out due to money of the state budget.
(part is third to the article 13 with the changes brought in
by law Ukraine from 22.12.2011 N 4218 - VI)
Article 14. An order of placing the government order is on implementation of works in capital building
1. One of forms of realization of public investments there is a government order on implementation of works in capital building.
(part is first to the article 14 with the changes brought in
by law Ukraine from 22.12.2011 N 4218 - VI)
2. A government order takes place, as a rule, on competitive basis taking into account economic advantage of these ordering for enterprises and organizations.
3. An acceptance in exploitation of objects of government order comes true all right that is determined by Cabinet of Ministers of Ukraine.
(part is third to the article 14 with the changes brought in
by law Ukraine from 22.12.2011 N 4218 - VI)
Article 15. State examination of investment projects
1. Investment projects are subject,obligatory state examination that realized with bringing in of budgetary facilities, money of state enterprises, establishments and organizations, and also due to the credits given under state guarantees.
2. State examination of investment projects is conducted all right set by Cabinet of Ministers of Ukraine.
(the article 15 is with the changes brought in according to
By the laws of Ukraine from 10.12.91 N 1955 - XII,
from 05.03.98 N of 185/98-ВР,
from 16.05.2007 N 1026 - V,
from 25.12.2008 N 800 - VI,
from 29.06.2010 N 2367 - VI,
in the release of Law of Ukraine
from 17.02.2011 N 3038 - VI)
3. State examination of investment projects must take into account norms on questions sanitary and epidemiology prosperity of population, ecology, labour, energy-savings, fire, technogenic, nuclear and radiation safety protection.
(the article 15 is complemented by part third
by law Ukraine from 22.12.2011 N 4218 - VI)
Article 16. Adjusting of investment activity by Verkhovna Rada of Autonomous Republic of Crimea and organs of local self-government
(the name of the article 16 is with the changes brought in according to
By the law of Ukraine from 22.12.2011 N 4218 - VI)
Verkhovna Rada of Autonomous Republic of Crimea and organs of local self-government within the limits of the plenary powers carry out adjusting of investment activity on the territory, including by the concordance of questions about creation of productive and social objects, use of natural resources by the subjects of investment activity.
(the article 16 is with the changes brought in according to
By the laws of Ukraine from 10.12.91 N 1955 - XII,
from 22.12.2011 N 4218 - VI)
Article 17. Pricing is in investment activity
The cost of products, works and services in the process of investment activity is determined on free prices and tariffs, including on results competitions(tenders), and in the cases envisaged by legislative acts, on the state fixed and managed prices and tariffs.
A building cost is determined with the use of national standards from pricing, that are obligatory during realization of building of objects with bringing in of money of the State budget of Ukraine, budget of Autonomous Republic of Crimea, local budgets, and also money of state and communal enterprises, establishments and organizations.
(part is second to the article 17 with the changes brought in according to
By the laws of Ukraine from 05.03.98 N of 185/98-ВР,
from 22.12.2011 N 4218 - VI)
IV. GUARANTEES of RIGHTS for SUBJECTS of INVESTMENT ACTIVITY And DEFENCE of INVESTMENTSArticle 18. Guarantees of rights for the subjects of investment activity
1. The state guarantees stability of terms of realization of investment activity, inhibition of rights and legal interests of her subjects.
The terms of the agreements celled between the subjects of investment activity keep operating on all term of action of this agreements and in the cases when after their conclusion a legislation (except a tax, custom and currency law, and also legislation on questions licensing of certain types of economic activity) is set terms that worsen position of subjects or rights limit them, if they did not come to the consent about the change of conditions of the agreement.
(an indention is second parts of the first article 18 with the changes brought in
by law Ukraine from 20.12.2001 N 2899 - III)
2. Public organs and them public servants have no authority to interfere in activity of subjects of investment activity, exept for the cases when such interference is assumed by a current legislation and comes true within the limits of competense of these organs and public servants.
Nobody has no authority to limit rights for investors in the choice of objects of investing, except for the cases envisaged by this Law.
In case of acceptance of acts that violate rights for investors and participants of investment activity public or other organs, the losses inflicted to the subjects of investment activity are subject to the compensation in full by these organs. Спори about reimbursement of losses get untied by a court.
(an indention is third parts of the second article 18 with the changes brought in
by law Ukraine from 15.05.2003 N 762 - IV)
Article 19. Defence of investments
1. Defence of investments is a complex of the organizational, technical and legal measures, sent to conditioning, that assist maintenance of investments, achievement whole bringing of investments, to effective activity of objects of investing and reinvestment, protection of legal rights and interests of investors, including rights on the receipt of income(to the profit) from investments.
The state guarantees defence of investments regardless of patterns of ownership, and also foreign investments. Defence of investments is provided by the legislation of Ukraine, and also international agreements of Ukraine. To the investors, including foreign, the equal in rights mode, that eliminates application of measures of discriminatory character, that would prevent to the management, their use and liquidation, investments, is provided, and also terms and order of export of the inlaid values and results of investments are envisaged.
With the aim of providing of the favourable and stable investment mode the state sets the state guarantees of defence of investments.
State guarantees of defence of investments are the system of legal norms that is sent to defence of investments and does not touch the questions of financially-economic activity of participants of investment activity and inpayment by them taxes, collections(obligatory payments) . the State guarantees of defence of investments can not be anniented or narrowed in relation to the investments carried out in a period the action of these guarantees.
(an indention is fourth parts of the first article 19 with the changes brought in
by law Ukraine from 20.12.2001 N 2899 - III)
(part is first to the article 19 with the changes brought in according to
By the law of Ukraine from 10.12.91 N 1955 - XII,
part is first to the article 19 in a release
To the law of Ukraine from 21.05.99 N 697 - XIV)
(position of part of the first article 19 is give official interpretation by Decision of Constitutional Court of Ukraine from 29.01.2002 N of 1-рп/2002)
2. Can not be gratuitously nationalized an investment, requisitioned or to them there can not be the applied measures identical after consequences. Such measures can be used only on the basis of legislative acts of Ukraine with a compensation to the investor in full the losses caused in connection with stopping of investment activity. The order of reimbursement of losses to the investor is determined in the marked acts.
Brought in or purchased by investors having a special purpose bank holding, actions and other securities, payments for the purchased property or for copyholds in case of exception in accordance with the legislative acts of Ukraine compensated to the investors, except for sums that appeared used or lost as a result of actions of investors or perfect after their participation.
3. Спори that arise up as a result of realization of investment activity is examined accordingly by a court or court of arbitration.
(part is third to the article 19 with the changes brought in
by law Ukraine from 15.05.2003 N 762 - IV)
4. Investments can, and in the cases envisaged by a legislation, must be insured.
Article 20. Responsibility of subjects of investment activity
At the non-observance of contractual obligations the subjects of investment activity bear the property and other responsibility envisaged by the legislation of Ukraine and entered into contracts.
Inpayment of fines and forfeits for violation of terms of agreements, and also the compensations of the inflicted damages do not release a winy side from fulfiling commitment, if other is not statutory or by an agreement.
Article 21. Terms of stopping of investment activity
A stop or stopping of investment activity comes true after a decision:
investors, here investors make amends to the participants of investment activity;
competent public organ.
Public organ about a stop or stopping of investment activity it can be made decision on such reasons:
if her continuation can result in violation of set by the legislation of sanitary-hygenic, architectural, ecological and other norms, rights and interests of citizens, legal entities and the states that is guarded by a law;
announcement in the order of investor set by a law by a bankrupt as a result of insolvency;
natural calamity;
input of superexcellence.
Article 22. International agreements
If the international agreement of Ukraine is set other rules, than those that is contained in a legislation about investment activity of Ukraine, then the rules of international agreement are used.
Chairman of Verkhovna Rada Ukraine Л. KRAVCHUK
Kyiv on September, 18, 1991 N 1560 - XII
俄文版请查收附件。
