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LAW OF UKRAINE

of April 20, 2000 No. 1682-III

About natural monopolies

(The last edition from 09-11-2017)

This Law determines the legal, economic and organizational principles of state regulation of activities of subjects of natural monopolies in Ukraine.

The purpose of this Law is ensuring efficiency of functioning of the markets which are in condition of natural monopoly on the basis of balancing of interests of society, subjects of natural monopolies and consumers of their goods.

Section I General provisions

Article 1. Determination of terms

1. In this Law the stated below terms are used in the following value:

natural monopoly - condition of the goods market in case of which the satisfaction of demand in this market is more effective on condition of lack of the competition owing to technology features of production (in connection with essential reduction of expenses of production per unit of goods in process of production growth in volumes) and goods (services) which are made by subjects of natural monopolies cannot be replaced in consumption with other goods (services) in this connection demand in this goods market depends on the change in price for these goods (services), than demand for other goods (services) less (further goods);

the consumer of goods which are made by subjects of natural monopolies - the physical person or legal entity acquiring goods which are made (is implemented) by subjects of natural monopolies;

the subject of natural monopoly - subject of managing (legal entity) of any pattern of ownership which makes (sells) goods in the market which is in condition of natural monopoly;

the adjacent market - the goods market which is not in condition of natural monopoly for which subjects realization of manufactured goods or use of goods of other subjects of managing is impossible without direct use of goods which are made (are implemented) by subjects of natural monopolies;

the stimulating regulation - state regulation of the prices (rates) for goods of subjects of natural monopolies and subjects of managing in the adjacent markets in the field of the combined production of electrical and heat energy which provides application determined by the body performing state regulation of activities of subjects of natural monopolies, regulation parameters which have long-term effective period stimulates subjects of natural monopolies and subjects of managing in the adjacent markets in the field of the combined production of electrical and heat energy to improvement of quality of goods and efficiency of the field of activity regulated according to this Law with gradual reducing inefficient expenses and provides creation of conditions for investment attraction for the purpose of permanent functioning and development;

regulatory base of assets - aggregate value of assets of the subject of natural monopolies, the subject of managing in the adjacent markets in the field of the combined production of electrical and heat energy (which are used for the field of activity which is subject to regulation according to this Law), which is determined according to the procedure, approved by the body performing state regulation of activities of subjects of natural monopolies;

regulatory regulation of the income - profitability level on regulatory base of assets which is established by the body performing state regulation of activities of subjects of natural monopolies in single size for all subjects of natural monopolies of the corresponding field of activity, subjects of managing in the adjacent markets in the field of the combined production of electrical and heat energy and in limits of the limits approved by the central executive body which creates and provides realization of the state price policy. The regulatory regulation of the income can be established by the body performing state regulation of activities of subjects of natural monopolies, separately for regulatory base of assets which is determined at the time of transition to the stimulating regulation, and separately for its part which is formed after transition to the stimulating regulation.

2. The terms "subject of managing", "competition", "market of goods (goods market)", "goods", "authorities", "bodies of administrative management and control" are used in the value given in the Law of Ukraine "About protection of the economic competition".

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