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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 13, 2018 No. 477

About approval of the Procedure for transfer by the contractor of utility to the operator of external engineering networks of the utilities of means paid by consumers on installation of nodes of commercial accounting

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 02.12.2021 No. 1253)

According to article 3 of the Law of Ukraine "About commercial accounting of heat energy and water supply" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for transfer by the contractor of utility to the operator of external engineering networks of the utilities of means paid by consumers on installation of nodes of commercial accounting which is applied.

2. Bring in the resolution of the Cabinet of Ministers of Ukraine of June 1, 2011 No. 869 "About ensuring single approach to forming of rates for housing and communal services" (The Official Bulletin of Ukraine, 2011, No. 62, Art. 2472; 2014, No. 84, Art. 2373; 2017, No. 88, the Art. 2683) changes which are applied.

3. Recommend to the contractor of utility who is not operator of external engineering networks, consider provisions of the Approximate agreement provided by appendix to the Procedure approved by this resolution in case of the conclusion of agreements on transfer of the rooms equipped with individual systems of heating and/or hot water supply, funds for servicing and replacement of node (nodes) of commercial accounting paid by consumers and owners (co-owners).

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 13, 2018 , No. 477

Procedure for transfer by the contractor of utility to the operator of external engineering networks of the utilities of means paid by consumers on installation of nodes of commercial accounting

1. This Procedure determines the mechanism of transfer by the contractor of utility which is not operator of the relevant external engineering networks paid by consumers of utilities, including owners (co-owners) of the rooms equipped with individual systems of heating and/or hot water supply (further - consumers), as a part of rates for utilities of means on installation of nodes of commercial accounting, considering funds for their acquisition and execution of the project documentation (further - means), to the operator of external engineering networks.

2. Action of this Procedure extends to contractors of utilities which are not operators of the relevant external engineering networks (further - contractors), and also to operators of external engineering networks.

3. In this Procedure terms are used in the value given in the Laws of Ukraine "About housing and communal services" and "About commercial accounting of heat energy and water supply".

4. Relations between contractors and operators of external engineering networks, including regarding money transfer, are performed exclusively on a contract basis.

5. The agreement on transfer by the contractor to the operator of external engineering networks of means (further - the agreement) is drawn up according to the Approximate agreement given in appendix.

6. The contractor provides transfer of means of consumers of utilities and owners (co-owners) of placements into the separate account and transfers funds into the separate account of operator of external engineering networks opened for the purpose of receipt of such means.

The operator of external engineering networks opens for receipt of means from each contractor the separate account.

7. The contractor records the paid means which arrived into its account from consumers and owners (co-owners) of rooms, separately on each building and also accounting of the means transfered to account the operator of external engineering networks in the corresponding month.

8. The funds paid by consumers are transferred by the contractor to the operator of external engineering networks no later than the 5th following settlement period if the contract between the parties does not establish other term.

Settlement period for which money transfer is performed is calendar month.

9. The amount of the funds transferred by the contractor to the operator of external engineering networks according to requirements of this Procedure makes 100 percent of total amount of the means arriving into the account of the contractor from consumers and owners (co-owners) of rooms.

10. The contractor and the operator of external engineering networks perform reconciliations of amount of the means received by the contractor from consumers and owners (co-owners) of rooms and amount of the funds transferred by the contractor to the operator of external engineering networks in the corresponding period.

The term and the period of reconciliation of the specified amounts of means make a reservation in the agreement.

11. The means paid by consumers of heat energy as a part of rates for heat energy of the heatsupplying organization which is operator of external engineering networks are listed to the operator of external engineering networks according to this Procedure.

Appendix

to the Procedure

The approximate agreement on transfer by the contractor of utility to the operator of external engineering networks of the utilities of means paid by consumers for installation of nodes of commercial accounting

See Appendix (16Kb In original language)

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 13, 2018 No. 477

Changes which are made to the resolution of the Cabinet of Ministers of Ukraine of June 1, 2011 No. 869

1. According to the procedure of forming of rates for heat energy, its production, transportation and delivery, service in centralized heating and supply of hot water, approved by the specified resolution:

Item 18 after the paragraph of the twenty sixth to add 1) with the new paragraph of the following content:

"-maintenance expenses of means of the measuring equipment (survey, sealing / rasplombirovaniye, periodic checking and repair (including dismantle, transportation and installation) which are property of the licensee and/or are in its use (except nodes of commercial and distribution accounting of water and heat energy) and are used in engineering procedure of production of heat energy, provision of utilities;".

With respect thereto paragraphs of the twenty seventh - to consider the twenty ninth respectively paragraphs the twenty eighth - the thirtieth;

The paragraph the tenth Item 20 to exclude 2);

" (Including acquisition and installation of house metering devices of heat energy)" to exclude 3) in Item 24 of the word;

Paragraphs the eleventh and twelfth Item 61 to exclude 4);

" (Including acquisition and installation of house metering devices of heat energy)" to exclude 5) in Item 66 of the word;

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