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LAW OF UKRAINE

of July 14, 2021 No. 1639-IX

About the measures directed to overcoming the crisis phenomena and ensuring financial stability in the natural gas market

(as amended on 29-07-2022)

Section I General provisions

Article 1. Determination of terms

In this Law terms are used in such value:

settlement - calculations for debt repayment (monetary commitments) of subjects of the natural gas market which are carried out at the expense of the government budget by participants procedures of settlement of debt;

the agreement on the organization of settlement - the agreement which is signed between participants of the procedure of settlement of debt (monetary commitments) of subjects of the natural gas market for debt repayment (monetary commitments) and is the basis for carrying out settlement according to this Law;

the debt (monetary commitments) of subjects of the natural gas market which is subject (subject) to settlement according to this Law namely:

the debt of suppliers of natural gas including confirmed with judgments which took legal effect, according to purchase and sale agreements (delivery) of natural gas for supply to residential customers (including the penalty amounts (penalties, penalty fee), inflation charges, the annual interest rates added on debt for the consumed natural gas or for delay of its payment), not paid as of calculating date;

the debt of suppliers of natural gas including confirmed with judgments which took legal effect on the service provision agreements on transportation of natural gas in the face of performing functions of the operator of gas-transport system since January 1, 2020, not paid as of calculating date;

the debt of operators of gas-distribution systems including confirmed with judgments which took legal effect on service provision agreements on transportation of natural gas in the face of which performed functions of the operator of gas-transport system till December 31, 2019 inclusive, not paid as of calculating date;

the debt of operators of gas-distribution systems including confirmed with the judgments which took legal effect, and/or restructured on the agreements on transportation of natural gas signed with person performing functions of the operator of gas-transport system since January 1, 2020 which arose from January 1, 2020 to February 28, 2022 inclusive;

the debt of operators of gas-distribution systems including confirmed with the judgments which took legal effect, and/or restructured on the agreements of purchase sale/supply of natural gas for production and technological and own needs signed with joint-stock company "The national joint stock company "Naftogaz of Ukraine" (further - NAK Naftogaz Ukrainy) which is not paid as of calculating date;

debt and/or monetary commitments of suppliers of natural gas which during the period inclusive performed from January 1, 2021 to April 30, 2021 supply of natural gas to residential customers at the price which did not exceed the limit of natural gas price established by the Cabinet of Ministers of Ukraine for the period February - March, 2021 inclusive, before limited liability company "the Gas-supplying company "Naftogaz Trading";

debt of operators of gas-distribution systems on agreements of delivery / kupli-prodazhi natural gas for covering of amounts (sizes) of the actual losses and production and technological costs of natural gas in gas-distribution system for ensuring physical balancing of gas-distribution system and own economic activity from November 1, 2021 to February 28, 2022 inclusive, concluded with limited liability company "the Gas-supplying company "Naftogaz of Ukraine";

the debt of suppliers of natural gas including confirmed with judgments which took legal effect on service provision agreements on transportation of natural gas in the face of which performed functions of the operator of gas-transport system till December 31, 2019 inclusive, not paid as of calculating date;

debt (monetary commitments) of person performing functions of the operator of gas-transport system till December 31, 2019 inclusive (the operator of gas storages), to joint-stock company "National joint stock company "Neftegaz of Ukraine", limited liability company "The gas supplying company "Neftegaz Trading" and/or before the government budget, not paid as of August 31, 2022;

debt (monetary commitments) of person performing functions of the operator of gas storages, to joint-stock company "National joint stock company "Naftogaz of Ukraine", limited liability company "the gas supplying company "Naftogaz Trading" and/or before the government budget, not paid as of August 31, 2022;

the debt of person performing functions of the operator of gas-transport system since January 1, 2020, to NAK Naftogaz Ukrainy, which is not paid as of calculating date;

bad and doubtful receivables of residential customers, are considered at suppliers of natural gas as of calculating date, including debt in the amount of the cost of amounts of reduction of amounts of consumption to standard conditions and cost of amounts which arose in connection with recognition by court illegal and invalid acts of the Cabinet of Ministers of Ukraine of approval of consumption rates of natural gas the population without counters during the period from October 1, 2014 before calculating date, not paid as of calculating date;

the procedure of settlement of debt (monetary commitments) of subjects of the natural gas market - the actions directed to settlement of debt (monetary commitments) for natural gas and services in its transportation by carrying out settlement and debt restructuring, and also write-off of penalty (penalty, penalty fee), inflation charges, the annual interest rates added on such debt in case of its repayment;

the register of the companies participating in the procedure of settlement of debt of subjects of the natural gas market (further - the Register) - the open public list of the companies and organizations which are participants of the procedure of settlement of debt according to this Law. The register is posted on the official website of the National commission performing state regulation in spheres of power and utilities;

calculating date - on December 31, 2020 (except cases if date or the basis of emergence of debt (monetary commitments) is determined by this Law for the sake of appearances of debt);

the subject of auditor activities - the subject of auditor activities made to the section of the Register of auditors and subjects of auditor activities which is kept according to the law, regarding the subjects of auditor activities having the right to book statutory audit of the financial reporting of the companies which are of public interest which at least 10 employees have the certificate which determines their qualification suitability for implementation of auditor activities in the territory of Ukraine, and at least five workers - at least, one document certifying passing of the complete program of certification, issued to one of the organizations which is the member of the International federation of accountants (IFAC), Association of jury certified public accountants (ACCA), the American institute of the certified public accountants (AICPA), Institute of jury accountants of England and Wales (ICAEW) and also as a part of which at least 60 workers are directly involved in rendering auditor services and work at conditions of full employment on the employment contract;

participants of the procedure of settlement of debt (monetary commitments) are the suppliers of natural gas, operators of gas-distribution systems and the operator of gas storages included in the Register, and also person who performed functions of the operator of gas-transport system till December 31, 2019 inclusive, person performing functions of the operator of gas-transport system since January 1, 2020, joint-stock company "National joint stock company "Naftogaz of Ukraine", limited liability company "the Gas-supplying company "Naftogaz Trading", limited liability company "the Gas-supplying company "Naftogaz of Ukraine", managers of budget funds, bodies performing treasurer servicing of budgetary funds.

Article 2. Law coverage

Operation of this Law extends to the relations on settlement of types of debt (monetary commitments) determined in article 1 of this Law, the subjects of the natural gas market included in the register.

Article 3. Procedure for participation in the procedure of settlement of debt

1. For participation in the procedure of settlement of debt (monetary commitments) subjects of the natural gas market join in the Register which is kept by the National commission performing state regulation in spheres of power and utilities.

2. For inclusion in the Register subjects of the natural gas market give to the National commission performing state regulation in spheres of power and utilities, the application to which are enclosed:

the copies of constituent documents certified in accordance with the established procedure;

copies of licenses for implementation of the certain types of economic activity (operating during formation of the debt (monetary commitments) which is subject to settlement according to this Law);

the reference constituted by the company (organization) in any form on amounts and structure of receivables and payables with indication of creditors, debtors, size and types of debt as of calculating date;

copies of settlement reconciliation statements between subjects of the natural gas market;

calculation of the unpaid cost of amounts of natural gas reflected in accounting of suppliers of natural gas during the period from October 1, 2014 before calculating date in connection with recognition by courts illegal and invalid acts of the Cabinet of Ministers of Ukraine of approval of consumption rates of natural gas the population without counters confirmed with the conclusion of the subject of auditor activities;

the calculation of debt of the supplier of natural gas within reduction amounts to standard conditions which is carried out by the technique of determination of specific losses of natural gas in case of its measurements by household counters in case of reduction of amount of gas to standard conditions approved by the order of the Ministry of Fuel and Energy of Ukraine of October 21, 2003 No. 595, arisen during the period from December 1, 2015 to October 1, 2018 through reduction by operators of gas-distribution systems of amounts of the natural gas used by residential customers in standard conditions on amounts, excellent from determined by counters, when implementing commercial calculations, confirmed with the conclusion of the subject of auditor activities;

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