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LAW OF UKRAINE

of June 23, 2005 No. 2711-IV

About the measures aimed at providing steady functioning of the companies of fuel and energy complex

(as amended on 22-09-2016)

This Law determines complex of the organizational and economic measures aimed at providing steady functioning of the companies of fuel and energy complex.

The purpose of this Law is assistance to improvement of financial position of the companies of fuel and energy complex, to the warning of their bankruptcy and increase in level of investment appeal by settlement of points of order and introduction of mechanisms of debt repayment, provision to business entities of the right of their application, determination of order of interaction of public authorities and local government bodies, managers of budgetary funds with business entities on use of mechanisms of debt repayment.

Article 1. Determination of terms

In this Law terms are used in the following value:

1.1. The companies of fuel and energy complex - the mountain companies (mines, mines, mines, pits, cuts, enrichment factories), the gas companies, boiler rooms connected to the high-level thermal networks and also the companies which for date of emergence of debt had the license at least on one type of activity:

to production of electrical energy;

to transfer of electrical energy high-level and interstate power networks;

to transfer of electrical energy local (local) power networks;

to delivery of electrical energy on the regulated rate;

to the wholesale supply of electrical energy;

to transportation of natural gas by bulk distribution lines;

to transportation of natural and oil gas by distribution pipelines;

to transportation of oil products by bulk distribution lines;

to supply of natural gas on the regulated rate;

1.2. Debt repayment - the measures directed to reduction and/or payment by installments of creditor and debit debts by use of mechanisms of write-off, settlement, restructurings, partial payment on the conditions determined by this Law.

1.3. Participants of calculations - the companies of fuel and energy complex, business entities, managers of means state and local budgets, the state trust funds, the central executive body realizing state policy in the field of the state material reserve legal successors of the liquidated funds which were stipulated by the legislation, the manager of trust industry fund of creation of nuclear and fuel cycle of the central executive body providing forming of state policy in fuel and energy complex, which have debit or accounts payable also perform measures for its repayment on the conditions determined by this Law.

1.4. Debt - the amount of means confirmed with participants of calculations for calculating date, which:

1) is subject to payment for goods, works (service) consumed in production process (production), transfer (transportation) and/or delivery of energy carriers according to prisoners to agreements or on other bases provided by the law including the amounts of penalty fee, penal and financial sanctions, but it is not paid;

2) is tax debt and is subject to payment, but it is not paid, to the budgets of all levels and the state trust funds including liquidated;

3) is subject to payment, but it is not paid, to trust industry fund of creation of nuclear and fuel cycle of the central executive body providing forming of state policy in fuel and energy complex;

4) it is provided by expenses of budgets of all levels, but not received by business entities, including on privileges and subsidies, for payment for the consumed energy carriers;

5) is subject to payment and arose owing to absence in the Government budget of Ukraine of last years of items of expenditure or prediscretion items of expenditure of partial financing of expenses for calculations for energy carriers, including on privileges and subsidies (transfers), consumed by the companies, the organizations, institutions and organizations which are financed from budgets of all levels;

6) is debt of the state companies, including that which were state as of January 1, 2011, according to the obligations on payment of electrical energy in the amount of as of July 1, 2011 which are outstanding on the date of entry into force of the Law of Ukraine "About introduction of amendments to some laws of Ukraine concerning settlement of debt for electrical energy."

1.5. Energy carriers - stone and brown coal, peat, other types of primary solid fuel, coal briquettes, other types of secondary solid fuel, brown-coal and peat briquettes, oil processing gas, oil products, natural gas, natural energy resources (nuclear, hydraulic and geothermal power, other natural resources), electrical and heat energy.

1.6. The register of the companies of fuel and energy complex participating in procedure of debt repayment (further - the Register) - the automated computer database which is kept by the wholesale supplier of electrical energy and is intended for accumulating, systematization and storage of data on the companies of fuel and energy complex which made the decision on participation in the procedure of debt repayment and also for issue of the relevant documents confirming participation of the company of fuel and energy complex in the procedure of debt repayment determined by this Law and providing the Register with information of users.

1.7. Settlement center - division of the wholesale supplier of electrical energy - the state company "Energorynok", authorized to perform the functions determined by this Law, in particular maintaining the Register, coordination of actions of participants of calculations when holding procedure of debt repayment.

1.8. Calculating date - date of fixing by participants of calculations of the amounts of the creditor and debit debts belonging to repayment with use of the mechanisms provided by this Law. Calculating date it is established on January 1, 2013, and for the state companies, including which were state as of January 1, 2011, for obligations for payment of electrical energy - on July 1, 2011.

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