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

of July 2, 2019 No. 1333

About approval of Rules of consideration of addresses of consumers concerning actions of the subjects of managing performing activities in spheres of power and utilities and dispute settlement

According to the laws of Ukraine "About the National commission performing state regulation in spheres of power and utilities" "About the market of electrical energy", "About the natural gas market", "About state regulation in the field of utilities" the National commission performing state regulation in spheres of power and utilities DECIDES:

1. Approve Rules of consideration of addresses of consumers concerning actions of the subjects of managing performing activities in spheres of power and utilities and dispute settlements which are applied.

2. 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 July 2, 2019 No. 1333

Rules of consideration of addresses of consumers concerning actions of the subjects of managing performing activities in spheres of power and utilities and dispute settlement

1. General provisions

1.1. These Rules determine the procedure of consideration by the National commission performing state regulation in spheres of power and utilities (further - NKREKP), the addresses of consumers or persons which intend to become them, about violation of their rights and interests by subjects of managing performing activities in spheres of power and utilities which state regulation is performed by NKREKP (further - subjects of managing) and dispute settlements.

These Rules do not limit the right of consumers to the request for protection of the violated the rights and legitimate interests in the energy ombudsman, court and other authorized bodies of the power.

These Rules are not applied if the address of the consumer or person who has intention to become it does not concern protection of its rights and the legitimate interests violated by actions (failure to act) and/or the decisions made by the subject of managing.

1.2. In these Rules terms are used in such values:

responsible division - structural division of NKREKP within which competence consideration of the question which became subject of the address is;

The chairman of initial hearings (Chairman) - the member of NKREKP to whose powers according to distribution of functional obligations consideration of the matter of argument, or the head of responsible division of NKREKP within whose competence consideration of the question which became matter in issue is belongs;

the statement - the written address of the consumer with request for assistance of realization by the fixed Constitution of Ukraine and the current legislation of its rights and interests or the message on violation by the subject of managing of the current legislation in spheres of power and utilities or shortcomings of activities of such subject of managing;

the applicant - the consumer or person intending to become by him which addressed NKREKP personally or through person authorized by it whose powers are drawn up according to the current legislation;

the address - the statement or the claim of the applicant concerning non-compliance with requirements of the legislation by the subject of managing in spheres of power and utilities and/or licensed conditions with the requirement about recovery of its rights and protection of the interests violated by actions (failure to act) of the subject of managing;

the repeated address - the address submitted from the same applicant on the same question;

systematic violation - violation on the same question which is subject of the address of the applicant, the subject of managing of the legislation in spheres of power and utilities and/or licensed conditions two and more times within year or violation by the subject of managing of the legislation in spheres of power and utilities and/or licensed conditions which affects the rights and interests of three and more applicants living on different objects;

the claim - the address with the requirement about renewal of the rights and protection of the legitimate interests of the applicant violated by actions (failure to act), solutions of subject of managing;

dispute - the dispute which arose between the applicant and the subject of managing over compliance with law in spheres of power and utilities and/or licensed conditions;

the parties of dispute - the applicant and the subject of managing;

structural division on conducting checks - structural division of NKREKP to which obligations on the organization of the state control of observance of licensed conditions in the respective sphere of regulation are assigned.

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