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LAW OF THE REPUBLIC OF ARMENIA

of November 29, 2021 No. ZR-366

About obligatory payments for regulation of public services

Accepted by National Assembly of the Republic of Armenia on November 18, 2021

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law governs the relations connected with calculation and payment of obligatory payments for regulation of public services in the regulated sphere of public services of the Republic of Armenia (further - obligatory payment for regulation).

Article 2. Concept of obligatory payment for regulation

1. The obligatory payment for regulation is the obligatory payment brought in the government budget of the Republic of Armenia for the purpose of formation of the money necessary for implementation of the powers of the Commission on regulation of public services of the Republic of Armenia established by the law (further - the Commission).

Chapter 2. Payers of obligatory payment for regulation, their rights and obligations, responsibility for violation of this Law

Article 3. Payers of obligatory payment for regulation

1. The persons performing activities and rendering services in the regulated sphere of public services in sense of the Law "About Regulating Authority of Public Services", except for are considered as payers of obligatory payment for regulation (further - payers):

1) persons having the license for production of electrical energy (capacity) whose installed capacity of the making stations within one license does not exceed 10 MW;

2) persons having the license for production of electrical energy (capacity) whose stations are at construction stage;

3) persons rendering services in public electronic communication according to the Law "About Electronic Communication" which it is not necessary to own and operate network of electronic communication;

4) persons having permission to use of radio frequencies for operation of network of electronic communication which are not persons rendering services in public electronic communication;

5) persons performing activities (except for licensed activities for production of electrical energy (capacity), transfer of electrical energy, the operator of electric utility system, the operator of the market of electric utility system and gas supply system) and rendering services in the regulated sphere of public services which profit from regulated activities for the second year preceding accounting year does not exceed 500 million dram (without the value added tax).

2. For the regulated person having more than one license (permissions) in the regulated sphere of public services, the exceptions established by part of 1 this Article are considered separately for each license (permission).

Article 4. Rights of payers

1. Payers have the right:

1) to appeal decisions, actions or failure to act of officials of tax authority and Commission according to the procedure, established by the Tax code and the legislation of the Republic of Armenia;

To receive 2) from tax authority the certificate of payment of obligatory payment for regulation;

3) to require transfer of the amounts paid over the sum of obligatory payment for regulation determined by this Law into the single account.

Article 5. Obligations of payers

1. Payers shall:

1) timely and completely to pay the obligatory payment for regulation established by this Law;

2) in the cases established by this Law to pay the calculated amounts of penalty fee to the government budget of the Republic.

Article 6. The termination of the obligation on payment of obligatory payment for regulation

1. The obligation of payers on payment of obligatory payment for regulation stops with execution of this obligation, exemption of obligatory payment for regulation by the law, cancellation of the license or permission or on other bases established by the law. Suspension of operations in the regulated sphere of public services does not exempt the payer from the obligation on payment of obligatory payment for regulation.

2. Person who obtained the license or the operating authority in the regulated sphere of public services as a result of acquisition of all property of the payer (the new payer) for other months of this year, since month of entry into force of the corresponding license or permission, continues to pay the obligatory payment for regulation established for the previous payer. In case of property acquisition more than one payer the obligatory payment for regulation provided by this part is distributed between payers in proportion to the cost of acquired property.

3. In calculation of obligatory payment for regulation in two years following after year of entry into force of the license or operating authority in the regulated sphere of public services for the new payer specified in part 2 of this Article instead of realization turnover for the second year preceding accounting year, provided by part 2 of article 7 of this Law it is considered predicted realization turnover for accounting year.

Article 7. Responsibility for violation of this Law

1. Violation of this Law attracts responsibility according to the procedure, established by the law of the Republic of Armenia.

2. Responsibility for timely payment of obligatory payment for regulation and observance of other requirements of this Law if other is not established by the legislation, lies on payers and their officials identified by the legislation of the Republic of Armenia.

3. In case of payment delay of obligatory payments for regulation at the scheduled time payers pay penalty fee in the amount of the penalty fee established for tax payment delay by the Tax code of the Republic of Armenia.

4. Payers pay the underpaid amount of obligatory payment for regulation, and also penalty fee calculated according to part 3 of this Article, of the government budget of the Republic of Armenia according to the procedure, established by the Tax code of the Republic of Armenia.

5. Obligation fulfillment on payment of obligatory payment for regulation provides tax authority according to the procedure, established by the Tax code of the Republic of Armenia.

Chapter 3. Procedure of payments and approvals of annual rates of obligatory payments for regulation

Article 8. Procedure of payments and approvals of annual rates of obligatory payments for regulation

1. For calculation of annual rates of obligatory payments for regulation the size of maintenance costs of the Commission (RRS) calculated in the procedure established by the law for every year which consists of expenses on implementation of the current functions of the Commission (TR) and the expenses caused by need of accomplishment of the programs, actions and (or) functions performed (which are subject to implementation) for the purpose of ensuring powers of the Commission, in particular cases - works of capital expenditures (further - target expenses - TsR) is assumed as a basis.

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