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THE RESOLUTION OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN THE FIELD OF POWER AND UTILITIES OF UKRAINE

of June 14, 2018 No. 428

About approval of the Procedure for control of observance by the licensees performing activities in spheres of power and utilities, legislations in the respective spheres and licensed conditions

According to the laws of Ukraine "About the National commission performing state regulation in spheres of power and utilities" "About the basic principles of the state supervision (control) in the field of economic activity", "About licensing of types of economic activity" the National commission performing state regulation in spheres of power and utilities DECIDES:

1. Approve the Procedure for control of observance by the licensees performing activities in spheres of power and utilities, legislations in the respective spheres and licensed conditions which is applied.

2. Recognize invalid resolutions:

1) National commission of regulation of power industry of Ukraine:

of May 19, 2011 No. 880 "About approval of the Procedure for control of observance of licensed conditions of implementation of economic activity on oil transportation and oil products on bulk distribution lines";

of May 19, 2011 No. 881 "About approval of the Procedure for control of observance of licensed conditions of implementation of economic activity in the natural gas market";

2) the National commission performing state regulation in the field of utilities:

3. This resolution becomes effective from the date of, its publication following behind day in the official printing publication - the Pravitelstvenny Kuryer newspaper.

Chairman of NKREKP
A. Krivenko

Approved by the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of June 14, 2018 No. 428

Procedure for control of observance by the licensees performing activities in spheres of power and utilities, legislations in the respective spheres and licensed conditions

1. General provisions

1.1. This Procedure are developed according to requirements of the laws of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity", "About licensing of types of economic activity", "About the National commission performing state regulation in spheres of power and utilities" and others legislative and the regulatory legal acts regulating activities in spheres of power and utilities.

1.2. Action of this Procedure extends to subjects of managing in spheres of power and utilities who obtained licenses for implementation of economic activity (further - licensees) and regulation, monitoring and control for which activities is exercised by the National commission performing state regulation in spheres of power and utilities (further - NKREKP):

1) in the field of power:

activities for production, transfer, distribution, delivery of electrical energy to the consumer;

on the wholesale supply of electrical energy;

activities for implementation of functions of the guaranteed buyer;

activities for resale of electrical energy (trading activities);

activities for implementation of functions of the operator of the market;

activities for transportation, distribution, storage (downloadings, selection), to LNG installation provision of services, supply of natural gas;

activities for oil transportation, oil products and other substances pipeline transport;

2) in the field of utilities:

activities for production of heat energy on the heatgenerating installations, including installations for the combined production of heat and electrical energy, transportation by its high-level and local (distribution) thermal networks, delivery of heat energy in amounts more than a level which is established by conditions and rules of implementation of economic activity (licensed conditions);

activities in the field of centralized water supply and water disposal in amounts more than a level which is established by conditions and rules of implementation of economic activity (licensed conditions);

activities for conversion and burial of household waste.

1.3. This Procedure is applied by NKREKP in case of control of compliance with law and licensed conditions by licensees by carrying out scheduled and unscheduled inspections.

1.4. This Procedure establishes:

procedure of the organization and carrying out scheduled and unscheduled inspections;

procedure for registration of results of checks;

the rights and obligations of the chairman and members of the commission on check;

rights and obligations of the authorized person of the licensee;

control over the implementation of decisions of NKREKP;

procedure for application of sanctions against licensees for violation of the law and licensed conditions.

2. General requirements to carrying out scheduled and unscheduled inspections

2.1. The organization of checks and their methodological maintenance is performed by structural division of NKREKP to which functions of the state control of activities of subjects of managing in spheres of power and utilities are assigned (further - JV NKREKP).

2.2. The decision on conducting check is made at the meeting of NKREKP held in the form of open hearing and drawn up by the resolution.

2.3. For conducting check the certificate in the form given in appendix 1 to this Procedure which is signed by the Chairman of NKREKP or the acting as the Chairman of NKREKP and is certified by seal is drawn up and joins together with the inspection statement after its termination case.

The certificate on conducting check is registered in the book of registration of certificates for conducting check of observance by licensees of requirements and licensed conditions (appendix 2 to this Procedure) which pages shall be numbered, strung together and under seal.

2.4. For conducting check of the licensee of NKREKP creates the commission from number of persons employed of central office and/or territorial authority of NKREKP (further - THAT NKREKP) and appoints the commission chairman on check.

The commission on check consists at least of three representatives of central office of NKREKP and/or THAT NKREKP from among which the commission chairman on check, which is appointed:

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