The Order of carrying out the state forward purchases of the grain, approved by the Resolution of Ministry of Ukraine from May 16, 2007 of No. 736 is printed.
CABINET COUNCIL OF UKRAINE
RESOLUTION
from May 16, 2007 of N 736
Kiev
According to article 10 of the Law of Ukraine "About grain and the grain market in Ukraine" Ukrainypostanovlyaet’s Cabinet council:
1. To enter the state forward purchases of grain.
2. To approve an enclosed Order of carrying out the state forward purchases of grain.
3. To recognize as become invalid the resolution of Cabinet council of Ukraine from July 9, 2005 of N 546 "About the statement of the Order of providing the budgetary loans within a mode of the state mortgaging purchases of grain" (The official messenger of Ukraine, 2005, N 28, Art. 1622).
4. To the ministry of an agrarian policy together with the Ministry of Finance to provide during preparation of the draft of the Government budget of Ukraine for the corresponding year of means for formation of the state food reserve, in particular for carrying out by Agrarian fund of the state forward purchases of grain.
5. This resolution comes into force at the same time with the Law of Ukraine on the Government budget of Ukraine by which means for implementation of the program of rather state forward purchases of grain are provided.
V. YANUKOVYCH, prime minister of Ukraine.
ORDER
carrying out the state forward purchases of grain
1. This Order determines the mechanism of carrying out by Agrarian fund of the state forward purchases of grain (further – forward purchases) for the purpose of formation of the state food reserve.
Forward purchases provide grain acquisition at agricultural producers (further – producers) during the established marketing period at the fixed price and on the terms of advance fee at a rate of 50 percent of its overall cost at the moment of the conclusion of the forward exchange contract (further – the contract).
The contract consists for the term which is not exceeding one marketing period.
2. The agrarian fund carries out forward purchases at the expense of the means provided in the Government budget of Ukraine for the corresponding year, within the marketing period at the minimum purchase prices, but not later than what a month before end of such period, by the conclusion at the Agrarian exchange between Agrarian fund and a producer of the contract which form affirms Minagropolitiki.
3. Forward purchases are carried out at the minimum purchase prices established on grain for the corresponding marketing period.
4. The agrarian fund for ten calendar days from a Date of Introduction of the state forward purchases of grain, and further – not later than what a month before the beginning of carrying out forward purchases will publish through mass media of the message on the established volume of such purchases and the size of the minimum party of grain.
5. The volume of forward purchases is defined proceeding from total amount of formation by Agrarian fund of the state food reserve on the marketing period.
6. The producer who expressed desire to sell grain on the terms of forward purchases, submits to Agrarian fund the demand in the form established by Fund.
The following documents are attached to the demand:
– the certificate of lack of an outstanding tax duty on payment of nation-wide taxes, collecting (obligatory payments), including contributions to the Pension fund of Ukraine or contribution to funds of obligatory state social insurance (except those sums which payment is spread or delayed according to the legislation);
– the certificate of lack of arrears by any types of the budgetary loans or on other credits (loans);
– the reference that the producer isn’t in process of sanitation, bankruptcies or eliminations;
– notarized a copy of the certificate on the state registration and certificates of body of the state statistics of inclusion of a producer in the Uniform state register of the enterprises and the organizations;
– copy of the certificate on registration of the payer of a tax;
– the certificate of cultivated areas grain, given out and assured by management of agroindustrial development of the district state administration;
– the contract of insurance of the property being in a property of the producer and being a subject of pledge, or the double warehouse certificate on the grain being a subject of pledge.
For the conclusion of the contract the producer should carry out according to legislation requirements complex insurance of risks of death (loss) of grain in favor of Agrarian fund. The notarized copy of the contract of insurance moves to Agrarian fund together with the certified copy of the payment order about payment of an insurance fee.
The contract is made out in four copies.
7. The Agrarian exchange transfers the signed contract to Agrarian fund for acceptance of a final decision by it concerning payment of advance payment to a producer in case of submission of the documents specified in point 6 of this Order.
8. For payment of advance payment to a producer the Agrarian fund submits to the State treasury the contract original.
Payment to a producer of advance payment is made by the State treasury on the basis of the contract original by transfer of means to a current account of the Agrarian exchange for their subsequent transfer to the account of a producer. The producer in day of receipt of advance payment on a current account issues to Agrarian fund the tax consignment note on the corresponding sum.
9. Final settlement with a producer under condition of implementation of the contract is in full carried out by Agrarian fund on the basis of the following documents submitted to it:
– contracts of warehousing of grain;
– warehouse documents on the grain put by the subject of his storage;
– the delivery-acceptance certificate on all volume of grain;
– a card about results of the analysis of quality of grain;
– grain certificate of conformity to state standards;
– tax consignment notes on the rest of the sum of cost of the grain which have not been paid for the contract.
Grain delivery to the subject of his storage is carried out for means of a producer.
In case of discrepancy of the data specified in the contract, to the actual indicators of quality of a class of grain final settlement with a producer is carried out according to the rules of exchange trade approved by the Agrarian exchange.
For carrying out final settlement under the contract the Agrarian fund submits to the State treasury the contract original according to which advance payment was paid to a producer, and the grain delivery-acceptance certificate in full.
10. The state treasury on the basis of the documents noted in the paragraph of the tenth point 9 of the real Order, transfers funds on a current account of the Agrarian exchange for their subsequent transfer to the account of a producer in time, defined by the contract.
11. Drawing up and submission of financial statements about use of budgetary funds, and also control of their target and effective expenditure are carried out in the order established by the legislation.
12. The agrarian fund monthly submits to Minagropolitiki the report on volume of forward purchases.