Measure
2.2.2.2.5.(6). Developing and submitting to the Cabinet of Ministers of Ukraine draft acts of the Cabinet of Ministers of Ukraine on the implementation of electronic auctions and systems for accessing a limited public resource on a permanent basis, taking into account the findings of analytical studies
Measure status:
Actual execution date:
29.02.2024
The measure is aimed at achieving ESR:
2.2.2.2. An audit of the current status of implementation of electronic auctions and systems for accessing a limited public resource has been conducted; the key methods used to bypass their restrictions have been identified; implementation of electronic auctions and systems for accessing a limited public resource has been completed, taking into account the findings of the audit (electronic workspace of the user, Prozorro.Sale electronic auctions)
Problem solving:
2.2.2. Arbitrary application of mandatory rules for businesses, which is accompanied by attendant corruption risks
Deadlines:
Responsible implementors (authorities):
Sources of funding:
state budget
Volumes of financing (thousand UAH):
within the established budget allocations for the relevant year
Performance indicator:
The draft acts of the Cabinet of Ministers of Ukraine have been adopted.
Implementing status
Progress/Result of implementation:
The procedure for granting special permits for subsurface use and the procedure for extending their term, re-issuing, amending, suspending, cancelling, grounds for refusal to grant, extend, amend the agreement on the terms of subsurface use, etc. are set out in Articles 16 to 16-6 of the Code on Subsurface of Ukraine.
The submission of an application together with the necessary documents for obtaining, extending the term of a special permit for subsurface use, amending it, as well as amending the agreement on the terms of subsurface use, is carried out by the applicant in electronic form through the subsurface user's electronic cabinet on the State Geological Web Portal, which is developed and maintained by the central executive authority implementing the state policy in the area of geological exploration and rational use of subsurface resources.
The Procedure for Holding an Auction (Electronic Bidding) for the Sale of a Special Permit for Subsurface Use was approved by Resolution of the Cabinet of Ministers of Ukraine dated September 23, 2020 No. 993.
The Law of Ukraine dated December 1, 2022 No. 2805-IX amended certain legislative acts of Ukraine to improve legislation in the area of subsurface use.
Hence, amendments were made to the Procedure for Holding an Auction (Electronic Bidding) for the Sale of a Special Permit for Subsurface Use, approved by Resolution of the Cabinet of Ministers of Ukraine dated September 23, 2020 No. 993.
The Resolution of the Cabinet of Ministers of Ukraine dated July 4, 2023 No. 749 On Amendments and Invalidation of Certain Resolutions of the Cabinet of Ministers of Ukraine on Subsurface Use, which entered into force on July 26, 2023, amended the Procedure for Holding an Auction (Electronic Bidding) for the Sale of a Special Permit for Subsurface Use.
The amendments shorten a number of terms related to the announcement of the first and subsequent auctions.
It is also established that the amount of the guarantee deposit shall be 20 per cent of the initial price of the lot, but not less than 10000000 (ten million) UAH for mineral resources that are of strategic importance for the sustainable development of the economy and the defence capability of the state, 20000000 (twenty million) UAH for hydrocarbons, 2000000 (two million) UAH for mineral deposits and/or subsurface areas containing sand, and 1000000 (one million) UAH for other minerals (except for the lot for the sale of a special permit for geological exploration, including exploratory and industrial development, extraction of groundwater (including mineral water) for all needs).
Therefore, given the regulation in place and its up-to-date status, the measure can be considered to have been implemented in a timely manner and in full.