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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 10, 2018 No. 346

About approval of the Procedure for use of the means provided in the government budget on support of implementation of the market of electrical energy

According to part seven of Article 20 of the Budget code of Ukraine and article 28 of the Law of Ukraine "About the Government budget of Ukraine for 2018" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for use of the means provided in the government budget on support of implementation of the market of electrical energy which is applied.

 Prime Minister of Ukraine
V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 10, 2018 , No. 346

Procedure for use of the means provided in the Government budget on support of implementation of the market of electrical energy

1. This Procedure determines the mechanism of use of the means provided in the government budget according to the "Support of Implementation of the Market of Electrical Energy" program (further - budgetary funds).

The main manager of budgetary funds and the executive in charge of the budget program is the Ministry of Energy and Coal Mining.

Receivers of budgetary funds are the state coal-mining companies and coal-mining economic societies which 100 percent of shares belong to the state (further - the state coal-mining companies).

Budgetary funds are allocated in the state coal-mining companies for debt repayment for the consumed electrical energy at the expense of the sources determined in Items 8 and 9 of article 11 of the Law of Ukraine "About the Government budget of Ukraine for 2018".

2. Transfer of budgetary funds is performed on outstanding amount of the state coal-mining companies before the companies of electric power industry for the consumed electrical energy which is not extinguished for date of the conclusion of the agreement on the organization of settlement.

3. The basis for carrying out calculations is the agreement on the organization of settlement which is signed by the state coal-mining companies and other participants of calculations for debt repayment according to the reference confirming availability at participants of calculations creditor and/or receivables (without penalty fee, penal and financial sanctions) for date of the conclusion of such agreement. The approximate agreement on the organization of settlement is given in appendix.

The number of the parties of the specified agreement is unrestricted and is determined by such number of the state coal-mining companies and other participants of calculations for debt repayment (further - participants of calculations), agreement performance with which will provide debt repayment for energy carriers and receipt in the government budget of means in full.

Participants of calculations are:

Ministry of Energy and Coal Mining;

territorial authorities of Treasury;

state coal-mining companies and their legal successors;

the companies performing transfer and delivery of electrical energy (further - power suppliers);

the companies performing deliveries of coal products;

state company "Energorynok";

electric power producers;

state company "National energy company "Ukrenergo".

Subjects of managing, irrespective of pattern of ownership can be participants of calculations.

Settlement can be carried out between participants of calculations.

4. Participants of calculations sign agreements on the organization of settlement or return them to the state coal-mining companies together with motivated written refusal in their signing in time, not exceeding five working days from the moment of submission of such agreements.

5. The state coal-mining companies give the Ministry of Energy and Coal Mining:

1) agreement on the organization of settlement;

2) the reconciliation statements of debt which are drawn up by participants of calculations with indication of outstanding amount for energy carriers which arose for the beginning of month at which the agreement on the organization of settlement is signed;

3) the certificate of the size of the tax debt including restructured or spread (delayed) issued by territorial authority to GFS on payment of part of net profit (income) of the state unitary enterprises and their associations and/or the income tax (taking into account the penalties, penalty fee and percent added on the amount of this debt) which arose as of January 1, 2018, paid by the companies of electrical power, coal industries.

6. The state coal-mining companies monthly to the 10 and 20 send to Treasury agreements on the organization of settlement.

7. The treasury monthly to 14 and 24 numbers checks agreements on the organization of settlement and submits to the Ministry of Finance and the Ministry of Energy and Coal Mining information on the obligations which are subject to compensation for the account of budgetary funds by the state coal-mining companies.

The Ministry of Energy and Coal Mining generalizes the documents provided according to Item 5 of this Procedure, creates the generalized register of agreements on the organization of settlement and monthly to the 15 and 25 gives it to the Ministry of Finance.

The Ministry of Finance based on information submitted Treasury and the provided Ministry of Energy and Coal Mining of the generalized register of agreements on the organization of settlement makes the decision on transfer of budgetary funds which is brought to the attention of Treasury.

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