Buyers will be able to inspect sanctioned property before the auction, but after signing a confidentiality agreement — Cabinet of Ministers decision

By the Cabinet of Ministers resolution dated July 15, 2026, No. 962, the rules for managing and selling assets for which the court has decided to apply sanctions in the form of seizure in favor of the state have been changed.

The changes concern the powers of entities managing such assets, the procedure for their inspection, documentation of the actual condition of the property, disclosure of information about the assets and the defined methods of managing them, as well as the conduct of electronic auctions.

Who will manage the assets

Previously, the procedure provided for management of assets by the State Property Fund of Ukraine or other designated entities. Now it is explicitly established that the management entity not only manages the assets but also decides on the method of such management. These can be the State Property Fund, another state authority, or a state sector economic entity designated by the Cabinet of Ministers.

Before determining the management method, the entity must analyze information about the asset. Among other things, it must organize the search for the property, cancellation of arrests and other encumbrances, state registration of the state’s ownership rights, entry of relevant information into registers, and ensure the preservation of the asset. The involvement of law enforcement and other bodies is also provided if necessary to gain actual control of the state over the asset.

At the same time, the management method must be determined not only based on the type of property. The government explicitly requires considering the needs of the state, in particular objects necessary to ensure energy security and defense.

The condition of assets must be documented

One of the key innovations is the detailing of the asset inspection procedure. Now the management entity must inspect the property at its location and verify the available documents. Based on the results, an act is drawn up recording the date, time, and place of inspection, identification data of the asset, and its actual condition.

Specifically, it is necessary to indicate whether the asset is intact and fit for use, as well as whether it shows signs of damage, loss, or unauthorized use. Photographic materials must be attached to the act.

Thus, the state obtains a formalized mechanism for recording the actual condition of the asset at the time it came under state control. This is important both for its further management and for establishing possible cases of damage, loss, or illegal use of the property. If the asset is not found at the location, the management entity must draw up a corresponding act and contact law enforcement agencies to search for it.

Information about managed assets will be open

The resolution provides that information about assets transferred to the management of the State Property Fund of Ukraine, another state authority, or a state sector economic entity designated by the Cabinet of Ministers as the asset management entity is open.

Information about the defined methods of managing such assets must also be open. Relevant data will be published on the official website of the management entity and subject to constant updating.

An exception is assets intended to be used for measures to ensure energy security and defense in connection with the armed aggression of the Russian Federation against Ukraine.

How electronic auctions will change

The resolution changes the rules for selling assets at electronic auctions.

A contract for conducting electronic auctions for asset sales will be concluded between the auction organizer and the electronic platform operator.

It also clarifies the moment from which an asset or pool can be put up for sale. Instead of linking to the inclusion of the asset in the list of assets seized in favor of the state subject to sale, it is linked to the auction organizer’s decision to sell the respective asset or pool.

Control over compliance with additional conditions for selling assets at electronic auctions will be exercised by the auction organizer in the manner approved by the State Property Fund in accordance with part two of Article 27 of the Law of Ukraine "On Privatization of State and Communal Property."

The provision of 5–10 calendar days from the moment the auction is declared failed is excluded from the Procedure. At the same time, resolution No. 962 does not establish a new period instead of this.

The term "lot" in the relevant provisions is replaced by the term "asset."

Potential buyers will be able to access the asset, related documents, and additional information about it before the auction announcement based on a confidentiality agreement concluded with the respective business entity whose shares or stakes in the authorized capital or property are subject to sale according to the Procedure.

The auction mechanism by the method of stepwise reduction of the starting price and subsequent submission of price proposals is also changed. The number of steps by which the starting price is reduced will be 50 instead of 99. If such an electronic auction is declared failed, the electronic trading system will automatically announce a repeated auction, in which the total number of steps to reduce the starting price will be 99.

Among other things, the government clarified the interaction between the sale of sanctioned assets and the lists of objects subject to privatization.

After the ownership right to the asset passes to the buyer, it must be excluded from the relevant lists no later than 30 working days. In addition, the decision to terminate privatization and exclude the asset from the lists is made by the Cabinet of Ministers. The State Property Fund must prepare and submit a draft of such a decision within 30 working days from the date of ownership transfer to the buyer.

Thus, resolution No. 962 regulates certain issues of management and sale of assets seized in favor of the state. In particular, determining the management method, inspection and documentation of the property condition, disclosure of information, sale of assets at electronic auctions, and their exclusion from privatization lists after ownership transfer to the buyer. In fact, the government detailed the stage that follows the transfer of the asset into state ownership. From now on, the management entity must not only determine the method of further property management but also take measures for its search, state registration of ownership rights, inspection, and preservation.

The resolution comes into force on the day of its publication. Certain provisions will take effect one month after publication or after the corresponding technical capability appears in the electronic trading system, but no later than five months from the date the resolution comes into force.

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