The president of Ukraine Victor Yushchenko returned with the offers for repeated consideration by the Verkhovna Rada the Law "About Fund of the State Property of Ukraine" (No. 934-VI).
About it reported in a press - service of the head of state.
According to V. Yushchenko, the adopted law doesn't correspond to the Constitution. Besides, in it the offers stated by the head of state to the previous edition of the law aren't considered.
The president in remarks to the law already noted that the status of Fund of the state property has to decide taking into account its place as government body on the special status in system separately defined by the Constitution of Ukraine of government bodies.
Besides, according to V. Yushchenko, fund tasks which aren't provided by the special Law of Ukraine "About management of objects of state ownership" are defined by the adopted law. In particular, it is realization of a state policy concerning management of objects of state ownership, use and alienation of the state property, management of the corporate rights and so forth. "It creates a collision of standards of noted laws, can entail inconsistency, a contradiction at their application", - the head of state considers.
The president also considers that provisions concerning release from a position of the chairman of the State property fund don't correspond to the Constitution of Ukraine. "As for appointment to positions and releases from positions of the first deputy, vice-chairmen of fund, that, proceeding from existing practice of appointment of deputy heads of other government bodies, is expedient to enter an order according to which appointment to these positions and release from these positions is carried out by the chairman of Fund of the state property of Ukraine", - considers V. Yushchenko.
Besides, the head of state, according to the law, FGIU in the order established by the Cabinet of Ukraine notes, makes the decision on a stop (suspension) of privatization of the state property, including on removal of object of privatization from sale, and also makes changes to the plan of placement of shares of open joint stock company regarding transferring of term of their placement in case of identification of violations of standards of the legislation of Ukraine. "It is a question of the actions which are directly concerning matters of law of property which according to the Constitution of Ukraine is got in the order determined by the law. For avoidance of abuses in this sphere an acceptance order in such cases Fund of the state property of Ukraine of decisions on a stop (termination) of privatization of the state property, a consequence of such decisions have to be defined by the law", - V. Yushchenko explained.
Due to stated the head of state suggested to revise taking into account the remarks given above and offers the Law of Ukraine "About Fund of the state property of Ukraine".
As it was reported, BP adopted on February 4 the Law "About Fund of the State Property of Ukraine", having considered proposals of the President to the law.