Date of entry into
force:
September 4, 2012
(Abstract)
The Law determines the legal and organizational principles for creation and
functioning of industrial parks on the territory of Ukraine in order to provide
for economic development and increase the competitiveness of certain areas,
activate investment activity, create new workplaces, and develop the modern
industrial and market infrastructure.
According to Article 2 of the Law, an industrial park is a territory,
determined by the industrial park initiator according to the urban planning
documents and equipped with appropriate infrastructure, within which industrial
park members can carry out business activity in the field of industrial
production, as well as research work, and work in the field of information and
telecommunications, according to the terms determined by the Law and the
agreement on business activity in the industrial park.
Article 4 of the Law establishes that creation and functioning of
industrial parks on the territory of Ukraine shall abide by the following
principles:
·
free access to information on the opportunity to use
land plots to create industrial parks;
·
competitive selection of the managing company on state
and municipal owned lands;
·
guaranteeing the right to land plots within the
industrial parks;
·
state support of industrial park creation;
·
state incentives for investment into industrial parks.
The functional purpose of an industrial park is determined by the concept
of the respective industrial park. The specifics of legal regulations depending
on the functional purpose of an industrial park, and the appropriate
obligations of the initiator and the managing company of the industrial park
are determined by the agreement on creation and functioning of an industrial
park.
The right to create industrial parks on state and municipal owned lands is
held by bodies of state power, bodies of local self-government that, according
to the Constitution of Ukraine, exercise the land owner right on behalf of the
Ukrainian People and are vested with authority to manage land plots according
to law, as well as lessees of land plots that satisfy the requirements for
lands used to create industrial parks, according to this Law (Article 5 of the
Law).
Article 6 of the Law envisages that the right to create industrial parks on
privately owned lands is held by the owners or lessees of land plots that
satisfy the requirements for lands used to create industrial parks.
On leased lands, industrial parks can be created at the initiative of the lessees,
after appropriate changes are made to the land plot lease agreement, and the
lessor’s decision to approve the industrial park concept (Article 7 of the
Law).
According to Article 8 of the Law, a land plot planned to be used for
creation and functioning of an industrial park may be located inside or outside
of the boundaries of population centers and must satisfy the following
requirements:
·
industry land;
·
suitable for industrial use with regard to conditions
and limitations established by appropriate urban planning documents;
·
area of the land plot, or total area of several
adjacent land plots, must be at least 15 hectares, but no more than 700.
Article 9 of the Law envisages that land plots within the boundaries of an
industrial park located on state or municipal owned lands are used on the
following conditions:
·
the term of use of the land plot within the boundaries
of an industrial park must be at least 30 years from the day of the resolution
to create an industrial park;
·
land plots within the boundaries of industrial parks
must be used in accordance with sanitary, epidemiological and environmental
requirements.
The area for an industrial park on state or municipal owned lands is
selected by bodies of state power and bodies of local self-government, with
regard to the requirements of the Law. Selection of the area for an industrial
park on state or municipal owned lands is done at the expense of the state or
local budget, as well as attracted investments, funds of private investors, and
other sources of not prohibited by the legislation (Article 10 of the Law).
The legal forms and the procedure for using lands within the boundaries of
industrial parks are determined in Article 11 of the Law. Within an industrial
park, land plots can be used by industrial park members according to legal
forms provided for by the Land Code of Ukraine. The managing company that
acquired the lease right for the industrial park lands according to the
procedure established by the law, grants tenure and use (sub-lease) of land
plots to the industrial park members, with development rights, according to the
land legislation of Ukraine. If two or more potential industrial park members
are interested in the same land plot within the boundaries of an industrial
park, the managing company shall hold a competition to select one member, with
regard to the industrial park concept. An undeveloped land plot from state or
municipal ownership is granted to the managing company under a lease, according
to the procedure established by the legislation. If an industrial park is being
created on privately owned lands, the rights to land plots can be granted to
the industrial park members by the park initiator according to the forms and
procedures established by the legislation. If a lessee of a land plot initiates
creation of an industrial park, this land plot or parts of it are granted to
the industrial park members directly, as a sub-lease, according to the land
legislation of Ukraine. Land plots are granted to industrial park members to construct
and maintain real estate required for business activity. Proceeds from sale of
state and municipal owned land plots on the territory of an industrial park are
included in appropriate budgets, according to the procedure envisaged by the
Budget Code of Ukraine and the Law on the State Budget of Ukraine for the
respective year.
Chapter IV of the Law establishes the procedure and terms for creating
industrial parks. According to Article 13 of the Law, creation of an industrial
park can be initiated by bodies of state power, bodies of local
self-government, legal entities, or natural persons that have the right to
create industrial parks on state, municipal, or privately owned lands according
to the Law.
A resolution to create an industrial park is made by the park initiator,
based on the industrial park concept approved according to the requirements of
the Law. An industrial park is created for a minimum term of 30 years. The
industrial park initiator shall furnish a copy of the resolution to create an
industrial park and the industrial park concept to the authorized state body,
within three calendar days after the resolution was made. Information on the
created industrial parks is public; access to such information is ensured by
the authorized state body. The resolution to create an industrial park is the
basis for concluding an agreement on creation and functioning of an industrial
park, between the industrial park initiator and the industrial park managing
company (Article 14 of the Law).
According to Article 17 of the Law, the industrial park initiator must
develop and approve the industrial park concept, which shall include the
following information:
·
industrial park name;
·
industrial park initiator;
·
purpose, task and functionality of the industrial
park;
·
land plot location and area;
·
term for which the industrial park is created;
·
requirements to the industrial park members;
·
tentative total volumes of energy consumption, water
consumption, etc.;
·
industrial park development plan;
·
tentative resources (financial, material, technical,
labor, natural, etc.) required for the industrial park creation and
functioning, and their expected sources;
·
organizational model of the industrial park
functioning;
·
expected results of the industrial park functioning;
·
other information, at the discretion of the park
initiator.
Article 22 of the Law determines the essential terms of the agreement on
creation and functioning of an industrial park.
The procedure for acquiring and losing the status of the industrial park
managing company is established by Article 24 of the Law.
Chapter VI of the Law determines the main rights and obligations of the
industrial park initiator, the industrial park managing company, and the
authority of the authorized state body. For example, according to Article 26 of
the Law, the managing company has the right to:
·
carry out business activity according to the
legislation, with regard to the specifics provided for by the Law;
·
with regard to the requirements of the land
legislation, grant industrial park members sub-lease and development rights for
the land plot (or part thereof) that is leased by the managing company within
the boundaries of the industrial park;
·
create conditions to enable park members to connect to
(joint) utility networks and lines;
·
in case of violation of the terms of agreement by the
park initiator, demand termination of the agreement and compensation of damages
caused by such violation;
·
extend the term of agreement, provided its terms are
being fulfilled;
·
receive payment for products manufactured (work and
services provided) according to the terms of the agreement;
·
involve third-party contractors to carry out work and
provide services within the boundaries of the industrial park;
·
on a quarterly basis, receive agreement performance
reports from the park members, unless otherwise provided for by the agreement;
·
raise the issue of expanding the industrial park
boundaries, if new members cannot be accommodated within the existing
territory.
The managing company shall:
·
fulfill the terms of agreement on creation and
functioning of an industrial park;
·
equip the industrial park according to the terms of
the agreement on creation and functioning of an industrial park;
·
ensure fulfillment of the industrial park business plan;
·
invite industrial park participants and conclude
necessary agreements with them;
·
independently, or by request of the members, receive
permits and approvals from bodies of state power and bodies of local
self-government, including those required to construct industrial structures
and other structures required to carry out business activity within the
boundaries of the industrial park; and to represent the interests of the park
members in relations with permit bodies, services, enterprises, institutions
and organizations;
·
request approval of permanent improvements to property
handed over to the managing company by the park initiator;
·
maintain the appropriate condition of the land plot,
engineering and transport infrastructure and other structures located within
the boundaries of the industrial park, and ensure their appropriate operating
conditions;
·
after the expiration of the agreement terms, hand over
the land plot, together with the infrastructure objects located on it, to the
industrial park initiator, unless otherwise provided for by the agreement;
·
on a quarterly basis, submit reports on the industrial
park functioning to the park initiator and the authorized state body;
·
preserve the commercial secrets of the industrial park
initiator.
The terms and procedure for carrying out business activity within the
boundaries of an industrial park are determined in Chapter VII of the Law.
State support for equipping industrial parks can be provided at the expense
of the state and local budgets, and other sources not prohibited by the
legislation. The authorized state body, the Council of Ministers of the
Autonomous Republic of Crimea, city state administrations, and executive bodies
of appropriate city state administrations, according to the procedure established
by the legislation, submit annual proposals to the State Budget of Ukraine and
drafts of resolutions on appropriate state budgets in respect of financial
support for equipping industrial parks. In case of construction of structures
within the boundaries of industrial parks, park initiators – business entities
and managing companies of industrial parks are not required to make share
contributions to the infrastructural development of the population center. In
order to provide state support for creation and functioning of industrial
parks, managing companies and park initiators – business entities are granted
interest-free loans and special-purpose non-refundable financing for industrial
park equipping, at the expense of funds provided for by the Law on the State
Budget of Ukraine for the respective year (Article 34 of the Law).
According to Article 36 of the Law, in case of construction of structures
within the boundaries of industrial parks, park members are not required to
make share contributions towards infrastructural development of the population
center.
Article 37 of the Law envisages that an industrial park is liquidated in
case:
·
during one year from the day of the resolution on the
creation of the industrial park, an agreement on creation and functioning of
the industrial park has not been concluded;
·
during three years, no business activity was carried
out within the boundaries of the industrial park by its members.
The Law supplements the Land Code of Ukraine with a new Article 66-1,
according to which, lands of industrial parks belong to industry land.
Industrial parks are created on land plots with a minimum area of 15 hectares
and maximum area of 700 hectares.
The Law also introduces appropriate changes to Articles 93 and 134 of the
Land Code of Ukraine, Article 287 of the Customs Code of Ukraine, and Article
40 of the Law of Ukraine “On Regulation of Urban Development Activity”.
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