Pursuant to the Law of Ukraine of 24 June 2004 "On Housing and Communal Services" (875-15), with the aim of regulating legal relations arising between producers, executors and consumers in the process of providing and consuming housing and communal services, and creating a legal framework for determining the executor of housing and communal services in the housing stock, I order:

1. To approve the Procedure for Determining the Executor of Housing and Communal Services in the Housing Stock (hereinafter - the Procedure), which is attached.

2. The Legal Department (Agapova M.H.) together with the Housing Stock Operation Department (Kiriushyn V.M.) shall submit this order in the established procedure to the Ministry of Justice of Ukraine for state registration.

3. The Housing Stock Operation Department (Kiriushyn V.M.) shall bring the Procedure to the attention of local executive authorities and local self-government bodies.

4. Control over the implementation of this order shall be entrusted to the Deputy Chairman of the Committee Lototskyi O.B.

Chairman of the Committee O.Yu.Kucherenko

Procedure for Conducting a Competition for the Provision of Housing and Communal Services

General Issues

1. This Procedure defines the procedure for preparing and conducting a competition for the provision of housing and communal services, except for gas and electricity supply (hereinafter - the competition), in residential buildings of state and communal ownership (hereinafter - residential buildings).

2. The concepts used in this Procedure have the following meaning: - competition documentation - a set of documents sent by the organizer of the competition to its participants for the preparation of competition proposals; - competition proposal - a set of documents prepared by a participant of the competition in accordance with established requirements and submitted to the organizer of the competition; - organizer of the competition - the owner or balance holder of residential buildings or a person authorized by them; - participant of the competition - a business entity that has submitted a competition proposal.

Other concepts are used in the meaning given in the Law of Ukraine "On Housing and Communal Services" ( 1875-15 ).

3. The competition is held subject to: - inclusion by the local self-government body of the service in the List of housing and communal services, the right to provide which is contested on a competitive basis; - expiration or termination of the contract for the provision of services; - adoption by a court of a decision on holding a competition.

Preparation of the Competition

4. To conduct the competition, its organizer prepares competition documentation, which must contain the following information:

1) name, location of the organizer of the competition; 2) list of services; 3) grounds for holding the competition; 4) surname, position and telephone numbers of persons authorized to communicate with participants of the competition; 5) qualification requirements for participants of the competition, in particular regarding the availability of: - material and technical base; - employees of appropriate qualification; - work experience in providing certain services; - appropriate permit or license for performing certain works or providing services; 6) criteria for compliance of the participant with the established qualification requirements; 7) list of documents, originals or copies of which are submitted by participants of the competition to confirm compliance of participants with the established qualification requirements; 8) scope of services; 9) requirements regarding the quality of service provision with reference to standards, norms, norms and rules; 10) number of residential buildings, area of residential buildings and adjacent territories; 11) location of residential buildings; 12) technical condition of residential buildings and level of improvement of adjacent territories; 13) draft contract for the provision of services; 14) requirements for competition proposals; 15) calculation of the price/tariff for the provision of services or reference to the regulatory legal act according to which they are calculated; 16) criteria for evaluating competition proposals: - cost of services; - level of provision of the participant of the competition with material and technical equipment; - number of employees of appropriate qualification (taking into account proposals for involving co-executors); - financial capacity of the participant of the competition; - terms of service provision; - availability of positive work experience in providing services in accordance with the requirements of standards, norms, norms and rules; - improvement of service quality and reduction of their cost. 17) possibility of holding by the organizer of the competition a meeting of its participants for the purpose of providing clarifications on the content of the competition documentation and making changes to it; 18) methods, place and final deadline for submitting competition proposals; 19) place, day and time of opening envelopes with competition proposals.

5. The organizer of the competition forms a commission, which includes representatives of the organizer of the competition, local self-government bodies, executive authorities, housing and communal services enterprises, as well as (with their consent) representatives of the territorial body of the specially authorized central executive authority in the field of consumer rights protection and consumers who, no later than three days before the deadline for submitting competition proposals, gave their consent to be members of the competition commission.

The chairman of the competition commission is appointed a representative of the organizer of the competition.

The competition commission may not include representatives of a participant of the competition and persons who are their close relatives (husband, wife, children, parents, brothers, sisters, grandchildren).

6. The composition of the competition commission is approved by its organizer.

7. The conditions of the competition provided for by the competition documentation are mandatory for the competition commission and its participants.

8. The competition commission publishes in the mass media an announcement on holding the competition, which must contain the information provided for by subparagraphs 1, 2, 4, 18 and 19 of paragraph 4 of this Procedure, as well as on the methods and place of obtaining the competition documentation, the amount of the fee for participation in the competition (if determined by the organizer of the competition) and the list of residential buildings and adjacent territories.

9. The final deadline for submitting competition proposals may not be less than 30 calendar days from the date of publication of the announcement on holding the competition.

10. The organizer of the competition may establish a fee for participation in the competition, which must not exceed 100 tax-free minimum incomes of citizens as of the date of submission of the competition proposal.

The fee for participation in the competition is paid to the account of its organizer.

11. The competition documentation is submitted in person or sent by mail by the organizer of the competition to its participant within three working days after receipt from the participant of an application for participation in the competition. In the case of establishing a fee for participation in the competition, the competition documentation is submitted in person or sent by mail on the basis of a document on payment of such fee.

12. A participant of the competition has the right, no later than seven calendar days before the deadline for submitting competition proposals, to apply in writing for clarification regarding the content of the competition documentation to the organizer of the competition, who is obliged to send them a written response within three working days.

13. The organizer of the competition has the right, no later than seven calendar days before the deadline for submitting competition proposals, to make changes to the competition documentation, of which they notify within three working days all participants of the competition to whom the competition documentation has been sent.

14. In the case of untimely introduction of changes to the competition documentation or provision of clarifications regarding its content, the organizer of the competition must extend the deadline for submitting competition proposals by at least seven calendar days.

15. When the organizer of the competition holds a meeting of its participants for the purpose of providing clarifications on the content of the competition documentation, minutes are kept, which are sent within three working days to all participants.

Submission of Documents

16. To participate in the competition, its participants submit originals or copies of documents certified in the manner established by law, provided for by the competition documentation.

17. The competition proposal is submitted in person or sent by mail to the competition commission in an envelope, which indicates the full name and location of the organizer and participant of the competition, the list of services for the provision of which the proposal is submitted.

18. Envelopes with competition proposals received after the deadline for their submission are not opened and are returned to the participants of the competition.

19. The organizer of the competition has the right, before the deadline for submitting competition proposals, to adopt a decision on its extension. The organizer of the competition must notify all participants of the competition to whom the competition documentation has been sent of its decision, as well as of the change of place, day and time of opening the envelopes.

20. A participant of the competition has the right to withdraw their own competition proposal or make changes to it before the deadline for submitting proposals.

21. Competition proposals are registered by the competition commission in a registration journal. At the request of a participant of the competition, the competition commission confirms the receipt of their competition proposal indicating the date and time.

Conducting the Competition

22. The opening of envelopes with competition proposals is carried out on the day of the deadline for their submission at the place and time provided for by the competition documentation, in the presence of all participants of the competition or persons authorized by them.

The opening of an envelope with a competition proposal may be carried out in the absence of a participant of the competition or a person authorized by them.

23. During the opening of envelopes with competition proposals, the competition commission checks the availability and correctness of the execution of documents, the submission of which is provided for by the competition documentation, and also announces information on the name and location of each participant of the competition, the criteria for evaluating competition proposals.

24. During the consideration of competition proposals, the competition commission has the right to apply to the participants of the competition for clarification regarding their content, to hold consultations with individual participants.

25. Based on the results of consideration of competition proposals, the competition commission has the right to reject them for the following reasons:

- the participant of the competition does not meet the qualification requirements provided for by the competition documentation;

- the competition proposal does not meet the competition documentation.

26. The organizer of the competition adopts a decision to refuse its participant participation in the competition in the case of:

- liquidation of the participant of the competition, recognition of them as bankrupt or initiation of bankruptcy proceedings against them;

- establishment of the fact of submission of unreliable information that affects the adoption of a decision.

27. The competition may be recognized as having failed in the case of:

- non-submission of competition proposals; rejection of all competition proposals for the reasons provided for by paragraph 25 of this Procedure.

28. In the case of adoption by the competition commission of a decision to recognize the competition as having failed, its organizer shall notify in writing within three working days from the day of its adoption all participants of the competition and organize within ten calendar days the preparation of a new competition.

Determination of the Winner of the Competition and Conclusion of the Contract

29. Competition proposals that were not rejected for the reasons provided for by paragraph 25 of this Procedure are evaluated by the competition commission according to the criteria established in the competition documentation.

30. The winner of the competition is determined to be its participant who meets the qualification requirements, can ensure the provision of services of appropriate quality and whose competition proposal is recognized as the best based on the evaluation results.

31. The decision on the results of the competition is adopted by the competition commission at a closed meeting in the presence of at least half of its composition by open voting by a simple majority of votes. In the case of an equal distribution of votes, the vote of the chairman of the competition commission is decisive.

The decision of the competition commission is formalized by minutes, which are signed by all members of the commission who participated in the voting.

32. The winner of the competition is announced at an open meeting of the competition commission, to which all its participants or persons authorized by them are invited.

33. In the case where only one participant took part in the competition and their proposal was not rejected, a contract for the provision of services is concluded with them for a period not exceeding 12 months.

34. An extract from the minutes of the meeting of the competition commission on the results of the competition is signed by the chairman and secretary of the competition commission and sent within three calendar days to all participants of the competition.

35. A contract for the provision of services is concluded with the winner of the competition within five calendar days after the adoption by the competition commission of the decision.

Financing of the Competition

36. Financing of work on the preparation and conduct of the competition is carried out by its organizer at the expense of funds contributed by participants of the competition as a fee for participation in the competition, as well as own funds.

37. In the case where the competition did not take place, the fee contributed by its participants is returned to them, and the costs of preparing the competition are reimbursed at the expense of its organizer.

38. If the competition took place, the fee contributed by its participants is not returned and is used to cover the costs associated with its preparation and conduct.

Consideration of Disputes

39. Disputes arising as a result of the competition are considered in the manner established by law.