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

of December 27, 2017 No. 1471

About approval of Licensed conditions of implementation of economic activity on implementation of functions of the guaranteed buyer

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 implementation of functions of the guaranteed buyer which are applied.

2. This resolution becomes effective 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 implementation of functions of the guaranteed buyer which becomes effective since January 1, 2019.

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. 1471

Licensed conditions of implementation of economic activity on implementation of functions of the guaranteed buyer

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 implementation of functions of the guaranteed buyer (further - the licensed activities), and also determine the exhaustive list of the requirements, conditions and rules obligatory for accomplishment when implementing licensed activities.

1.2. The subject of managing which intends to obtain the license for implementation of economic activity on implementation of functions of the guaranteed buyer (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 implementation of functions of the guaranteed buyer (further - the licensee) shall fulfill requirements of these Licensed conditions.

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

policy tools of economic activity - the building (room) and the equipment, including program and the hardware technical supply which is in property and/or use of the licensee, intended for the organization and ensuring work on the licensed type of activity and also the sobstvennyyveb-website of the licensee in the Internet, means of communication (phone, the fax, E-mail);

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

cross subsidizing - funds transfer, the functions of the guaranteed buyer received from implementation of economic activity on implementation, for financial support of other type of economic activity within one or several subjects of managing, except funds transfer on economic activity which is performed within execution of special obligations for ensuring public interest in case of their assignment by the Cabinet of Ministers of Ukraine.

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", "About public purchases", "About alternative energy sources", other regulatory legal acts regulating functioning of the market of electrical energy.

1.4. The license applicant who intends to perform economic activity on implementation of functions of the guaranteed buyer submits to NKREKP the application for receipt of the license in form according to appendix 1.

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

1) data on policy tools of economic activity on implementation of functions of the guaranteed buyer (appendix 2);

2) the draft of the estimate of the guaranteed buyer constituted according to technique (procedure) of forming of the estimate of the guaranteed buyer which affirms NKREKP.

1.6. 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.

2. Requirements to implementation by the licensee of economic activity on implementation of functions of the guaranteed buyer

2.1. When implementing licensed activities the licensee shall provide observance of such personnel requirements:

1) the officials responsible for management of the licensee are not owners of corporate laws of subjects of managing who have licenses for production, transfer, distribution, delivery of electrical energy, trading activities and accomplishment of functions of the operator of the market;

2) the officials responsible for management of the licensee do not join the board, other executive or regulatory authorities, or the supervisory board of the company or the organization having licenses for production, transfer, distribution, delivery of electrical energy, trading activities, accomplishment of functions of the operator of the market;

3) registration of 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.

2.2. When implementing licensed activities the licensee shall adhere to such organizational requirements:

To store 1) during action of the license documents which copies moved in NKREKUV compliance with requirements of these Licensed conditions;

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