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

of March 11, 2020 No. 601

About approval of Changes in the Procedure for control of observance by the licensees performing activities in spheres of power and utilities, legislations in the respective spheres and licensed conditions

According to the Law of Ukraine "About the National commission performing state regulation in spheres of power and utilities" the National commission performing state regulation in spheres of power and utilities DECIDES:

1. Approve Changes in the Procedure for control of observance by the licensees performing activities in spheres of power and utilities, legislations in the respective spheres and licensed conditions, approved by the resolution of the National commission performing state regulation in spheres of power and utilities of June 14, 2018 No. 428, which are applied.

2. This resolution becomes effective from the date of, its promulgation following behind day on the official website of the National commission performing state regulation in spheres of power and utilities.

Approved by the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of March 11, 2020 No. 601

Changes in the Procedure for control of observance by the licensees performing activities in spheres of power and utilities, legislations in the respective spheres and licensed conditions

1. In Chapter 1:

 Item 1.1 to state 1) in the following edition:

"1.1. This Procedure is developed according to the Law of Ukraine "About the National commission performing state regulation in spheres of power and utilities" and others legislative and the regulatory legal acts regulating activities in spheres of power and utilities.";

 The paragraph the fifth the subitem 1 of Item 1.2 to state 2) in the following edition:

"activities for the organization of purchase and sale of electrical energy in the market "for the days ahead" and the intra daily market, to ensuring purchase of electrical energy on "green" rate, trading activities;";

To add 3) with new Item of such content:

"1.5. In this Procedure terms are used in such value:

refusal of the licensee in conducting check - not admission of members of the commission on checks to conducting check in the absence of the bases provided for this purpose by the law (in particular failure to provide documents, information concerning check subject upon the demand of members of the commission of check, refusal in access to the places of implementation of activities, objects used by the licensee when implementing the activities which are subject to licensing or absence of the authorized person of the licensee in the location of the licensee during the first day of check);

measures of the state control - the planned and unplanned actions performed by conducting planned and unplanned exit, checks not eligible to travel abroad and in other forms determined by the law;

further violation - making by the licensee within year from the date of decision making of NKREKP about elimination of violations of licensed conditions and legislations in spheres of power and utilities of new violation of requirements of licensed conditions and/or legislations by which such decision was made.

Other terms are applied in this Procedure in the values given in the laws of Ukraine "About the National commission performing state regulation in spheres of power and utilities", "About natural monopolies", "About the natural gas market", "About the market of electrical energy", "About state regulation in the field of utilities", "About heat supply", "About drinking water, drinking water supply and water disposal", the Procedure for licensing of types of economic activity which state regulation is performed by the National commission performing state regulation in spheres of power and utilities, No. 548 approved by the resolution of NKREKP of March 03, 2020".

2.  To add Item 2.4 of Chapter 2 with the new paragraph of such content:

"Conducting check of the licensee, for the period, which shall be checked actually did not perform the licensed activities that is confirmed by data of its obligatory reporting, is more priority in NKREKP or its territorial authority, than in the location and/or the place of implementation by the licensee and its separate divisions of economic activity which is subject to licensing.".

3. In Chapter 3:

  Shall be replaced with words 1) in Item 3.1 of the word of "once in two years" "once a year";

 Item 3.6 to state 2) in the following edition:

"3.6. The term of conducting scheduled exit inspection cannot exceed 15 working days, and concerning small business entities - five working days.

In case of large volumes of check the term of conducting scheduled exit inspection according to the decision of NKREKP can be increased up to 20 working days, and for small business entities - up to seven working days with introduction of corresponding changes as a witness by conducting check.";

 Item 3.7 to state 3) in the following edition:

"3.7. Scheduled inspections are carried out according to the lists of questions given in appendices 4 - 20 to this Procedure which are components of the statement which is drawn up by results of conducting check of observance by the subject of managing of requirements of the legislation and licensed conditions in the respective spheres (further - the inspection statement).".

4. In Chapter 4:

  Item 4.1 to state 1) in the following edition:

"4.1. The bases for implementation of unscheduled exit inspections are:

1) representation by the subject of managing performing activities in spheres of power and utilities, the written application about implementation of action of the state control;

2) the reasonable appeal of physical person or legal entity about violation by the subject of managing performing activities in spheres of power and utilities, its legitimate rights;

3) the reasonable address of subjects of managing and consumers about violation by the subject of natural monopoly of the legislation concerning access to power/thermal/gas networks and/or violation of licensed conditions;

4) check of accomplishment of decisions of NKREKP concerning elimination of violations of the requirements of the legislation made by results of scheduled or unscheduled inspections;

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