The Rada took a step towards introducing a new format of industrial sites in Ukraine

The Verkhovna Rada has adopted as a basis a draft law introducing the concept of an "eco-industrial park" and introducing a number of changes to the functioning of industrial parks in Ukraine. This was reported by UNN with reference to MP Yaroslav Zhelezniak and the draft law No. 12117.

"No. 12117 is about improving the functioning of industrial parks. It is a basis," Zheleznyak said.

The draft law introduces the concept of an "eco-industrial park" - an industrial park included in the Register of Industrial Parks, within which the initiator, management company, participants and other entities of the industrial park carry out activities in the field of industrial symbiosis.

The Cabinet of Ministers will determine the procedure for obtaining the status of an eco-industrial park and the specifics of its operation.

The very concept of an "industrial park" is also changing - a territory determined by the initiator of the creation in accordance with urban planning documentation and equipped with appropriate infrastructure, within which the initiator, management company, participants and other subjects of the industrial park carry out economic activities.

The Law also introduces the concept of "industrial symbiosis within an industrial park" - cooperation on a contractual basis between the initiator, management company, participants and other entities of the industrial park regarding:

production, performance and delivery of goods, works and services, and their exchange;

treatment of waste generated by other industries (except for waste disposal);

use of by-products; water reuse; combined heat and power (cogeneration);

production and use of energy from renewable energy sources and/or alternative fuels.

The draft law amends the rules for establishing industrial parks on state and municipal land. In particular, the right to create parks on these lands is granted to executive authorities, local governments that transfer such lands into ownership, as well as to tenants of state and municipal land plots that meet the requirements for using them to create an industrial park.

Restrictions on the creation, arrangement and operation of industrial parks are established. In particular, the initiator of the creation of parks cannot be persons who:

are the ultimate beneficial owners or participants who own 10% or more of the shares, which are Russian, Belarusian, or Iranian;

are legal entities registered in countries classified by the Cabinet of Ministers as offshore zones, or legal entities in which more than 50% of the authorized capital is owned directly or indirectly by legal entities registered in such countries;

are legal entities established and registered in accordance with the laws of the Russian Federation, Belarus, and Iran, except when assets are transferred to ARMA in accordance with the procedure established by law;

are business entities that have economic ties with the aggressor state within the meaning of the Tax Code of Ukraine;

entered in the Unified State Register of Persons Who Committed Corruption or Corruption-Related Offenses;

sanctioned by Ukraine, the US and the EU.

The requirements for land plots on which industrial parks can be located are changing. Currently, the area of a land plot or the total area of adjacent land plots must be at least 10 hectares and not more than 1 thousand hectares. The document removes the 1,000-hectare limit, but retains the provision that the area of adjacent land plots must be at least 10 hectares.

Also, according to the draft law, the industrial park will be able to accommodate offices, financial institutions, marketing and advertising facilities, catering establishments, hotels, dormitories, hostels, dual-purpose buildings, alternative energy facilities and energy storage facilities.

The list of documents to be submitted for inclusion in the Register of Industrial Parks is attached:

a copy of the initiator's decision to establish the industrial park;

a copy of the industrial park concept;

information from the State Land Cadastre on land plots and from the State Register of Real Property Rights on real estate objects located on them (if available);

name of the management company and participants, other subjects of the industrial park and extracts or excerpts from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations (if available);

a copy of the lease agreement for the land plot(s) with all amendments thereto, an extract from the State Register of Property Rights confirming the registration of the lease right to the land plot;

a copy of the landlord's decision to approve the industrial park concept;

an extract from the urban planning documentation for the territory designated for the creation of the industrial park;

a copy of the certificate of operation of the buildings located on the site (if any);

documents confirming the possibility of financing the arrangement and/or operation of the park in accordance with the concept.

In addition, the decision to include an industrial park in the Register will in future specify the area of the industrial park.

The list of reasons why an industrial park may be excluded from the Register is also supplemented: if after two years there is no management company; reduction of the area of the land plot or the total area of the land plots of the industrial park to less than 10 hectares; carrying out economic activities that cannot be carried out within the industrial park; expiration of the period for which the industrial park was created.

Addendum

It is worth noting that in January, the Cabinet of Ministers adopted and submitted to the Verkhovna Rada an almost similar draft law. At a government meeting, Prime Minister Denys Shmyhal stated that "...we are submitting to the Verkhovna Rada a draft law on the introduction of the concept of an ‘eco-industrial park’. This will be an innovative format of industrial sites where businesses will use alternative energy sources, rationalize waste management, and optimize the use of water resources.

Recall

The government has included in the Register of Industrial Parks - Myronivka Park in Kyiv region. There will be 100 industrial parks in Ukraine.