This government resolution regulates the specifics of the alienation and leasing of property of state-owned banks and banks in whose charter capital the state owns more than 50 percent of shares. The document approves an exhaustive list of transactions with banking assets to which the mandatory requirement to conduct electronic auctions in the “Prozorro.Sale” system does not apply. In addition, the act integrates state-owned banks into the general system of alienation of property of business societies with a state share, while simultaneously establishing special procedural rules for them.
### Structure of the Act and Changes Compared to Previous Versions
Structurally, the resolution consists of two operative paragraphs and two annexes:
1. **List of transactions** (containing 46 exception clauses) to which the requirements for mandatory electronic auctions do not apply.
2. **Amendments to the Procedure** for alienation and leasing of property of business societies with a state share of over 50% (approved by Resolution of the Cabinet of Ministers of Ukraine No. 1032).
**Main changes compared to previous versions of the rules:**
* **Extension of the general procedure to banks:** The application of the general Procedure for alienation of state property (Resolution No. 1032) is now explicitly extended to state-owned banks, taking into account the specific nature of their operations.
* **Starting price:** It is determined that the starting price of lots at auctions of state-owned banks must be set at a level not lower than the book value of the property calculated in accordance with International Financial Reporting Standards (IFRS).
* **Status of the auction price:** A provision has been established according to which the sale or lease price of property determined based on the results of an electronic auction is legally deemed to be the market price.
### Key Provisions Important for Practical Application
The following provisions are key for the practical activities of the banking and legal sectors:
* **Broad list of exceptions to auction procedures:** 46 categories of transactions that banks can conclude directly have been approved. These include operations for the provision of financial and payment services, leasing, safe deposit box rentals, transactions up to EUR 30,000, as well as operations with jointly owned property and financial instruments.
* **(Military aspect):** The resolution exempts from mandatory auctions transactions with military command and control bodies, military units, institutions of the Armed Forces of Ukraine, law enforcement agencies, as well as operations with property located in areas of active or possible hostilities or in temporarily occupied territories. Specifically excluded are cases of compulsory alienation or seizure of property for martial law needs.
* **Debt settlement:** It is explicitly permitted to conclude transactions without auctions within the framework of restructuring, rehabilitation, and non-performing debt settlement plans (in particular, the resale of property back to the previous owner-pledgor).
* **Protection of the rights of vulnerable categories:** The sale or lease of residential real estate or unfinished construction projects is prohibited without taking into account the interests of registered young children, persons with disabilities, IDPs, combat veterans, and the families of fallen Defenders of Ukraine.
* **Pre-emptive right:** Direct sale or lease of property is allowed to persons who have a legal pre-emptive or priority right to such property (for example, co-owners or lessees under agreements concluded through an auction).
