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

of December 27, 2017 No. 1468

About approval of Licensed conditions of implementation of economic activity on resale of the electric power (trading activities)

According to article 6 of the Law of Ukraine "About the market of electrical energy", to articles 6 and 7 of the Law of Ukraine "About licensing of types of economic activity" and article 17 of the Law of Ukraine "About the National commission performing state regulation in the field of power and utilities" the National commission performing state regulation in the field of power and utilities decides:

1. Approve Licensed conditions of implementation of economic activity on resale of the electric power (trading activities) which are applied.

2. This resolution becomes effective since January 1, 2019, but not earlier than in two months from the date of, its publication following behind day in the official printing publication - the Pravitelstvenny Kuryer newspaper, and becomes effective since July 1, 2019, except Chapter 1 of Licensed conditions of implementation of economic activity on resale of the electric power (trading activities) which becomes effective since April 1, 2019.

Chairman of NKREKP
D. Vovk

Approved by the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of December 27, 2017 No. 1468

Licensed conditions of implementation of economic activity on resale of the electric power (trading activities)

1. General provisions

1.1. These Licensed conditions establish the exhaustive list of the documents enclosed to the application for receipt of the license for implementation of economic activity on resale of the electric power (trading activities) (further - the licensed activities), and also determine the exhaustive list of the requirements, conditions and rules obligatory for accomplishment when implementing of the licensed activities.

1.2. Economic activity on resale of the electric power (trading activities) in the market of electrical energy is subject to licensing in case of absence at the subject of managing of other licenses obligatory for implementation of activities on electricity market.

In the presence of other licenses obligatory for implementation of activities on electricity market, trading activities are performed without receipt of the license for the right of implementation of trading activities in case of observance of requirements of these Licensed conditions.

1.3. The subject of managing which intends to obtain the license for implementation of economic activity on resale of the electric power (trading activities) (further - the license applicant) shall correspond to these Licensed conditions, and the subject of managing which has the license for implementation of economic activity on resale of electrical energy (trading activities) (further - the licensee) shall fulfill requirements of these Licensed conditions.

1.4. In these Licensed conditions terms are used in the following values:

policy tool of economic activity - the building (room) which are in property or use of the licensee for the organization of work on the licensed type of activity, and also own website of the licensee in the Internet and means of communication (phone, E-mail);

the place of implementation of economic activity - the territory of Ukraine;

cross subsidizing - movement of the income from implementation of economic activity on resale of the electric power (trading activities) which is performed within accomplishment of special obligations for ensuring public interest in case of their imposing by the Cabinet of Ministers of Ukraine according to article 62 of the Law of Ukraine "About the market of electrical energy" for financial support of activities for resale of the electric power (trading activities) on free conditions (on the market principles) and/or other type of economic activity within one or several subjects of managing.

Other terms are used in the values given in the Economic code of Ukraine, the Civil code of Ukraine, the laws of Ukraine "About licensing of types of economic activity", "About the market of electrical energy", "About protection of the economic competition", other regulatory legal acts regulating functioning of the market of electrical energy.

1.5. The license applicant who intends to perform economic activity on resale of the electric power (trading activities) gives to the National commission performing state regulation in the field of power and utilities (further - NKREKP), the statement for receipt of the license in form according to appendix 1.

1.6. Documents according to the list which is exhaustive are enclosed to the application for receipt of the license by the license applicant:

1) the passport copy of the head of the license applicant (or the authorized representative) with mark of body of the State Tax Service about the notification on refusal on the religious beliefs of adoption of registration number of accounting card of the taxpayer (moves only physical persons entrepreneurs who on the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and notified on it relevant organ of the State Tax Service);

2) data on policy tools of economic activity on resale of the electric power (trading activities) (appendix 2).

1.7. Documents are enclosed to the application for receipt of the license by the license applicant according to the inventory constituted in duplicate in form according to appendix 3 to these Licensed conditions.

2. Requirements to implementation by the licensee of economic activity on resale of the electric power (trading activities)

2.1. When implementing licensed activities the licensee shall adhere to personnel requirements, in particular draw up employment relationships with personnel by the conclusion of employment contracts according to provisions of the Labor code of Ukraine, and also by involvement of other persons for accomplishment of separate works (services) on other bases which are not prohibited by the current legislation of Ukraine.

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