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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of December 20, 2021 No. 320

About questions of subordinated divisions of the Department of Energy of the Kyrgyz Republic

(as amended of the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 27.09.2022 No. 534)

According to the Presidential decree of the Kyrgyz Republic "About structure and structure of the Cabinet of Ministers of the Kyrgyz Republic and structure of Administration of the President of the Kyrgyz Republic" of October 12, 2021 425, articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides No.:

1. Approve:

1) Regulations on Department on regulation of fuel and energy complex in case of the Department of Energy of the Kyrgyz Republic according to appendix 1;

2) Regulations on Service on energy supervision in case of the Department of Energy of the Kyrgyz Republic according to appendix 2;

3) the scheme of management of Service on energy supervision in case of the Department of Energy of the Kyrgyz Republic according to appendix 3;

4) Regulations on Research institution of power and economy in case of the Department of Energy of the Kyrgyz Republic according to appendix 4;

5) Regulations on the Kyrgyz state research and design and survey institute "Energoproyekt" in case of the Department of Energy of the Kyrgyz Republic according to appendix 5;

6) the Charter of the state company "Kyrgyzteploenergo" in case of the Department of Energy of the Kyrgyz Republic according to appendix 6;

7) the scheme of management of the state company "Kyrgyzteploenergo" in case of the Department of Energy of the Kyrgyz Republic according to appendix 7;

8) The charter of the state company "Kyrgyzkomur" in case of the Department of Energy of the Kyrgyz Republic according to appendix 8;

9) the scheme of management of the state company "Kyrgyzkomur" in case of the Department of Energy of the Kyrgyz Republic according to appendix 9.

2. Bring in the order of the Government of the Kyrgyz Republic "About questions of the state companies under the State committee of the industry, power and subsurface use of the Kyrgyz Republic" of December 15, 2020 No. 608 the following changes:

- to declare the subitem 2 of Item 1 invalid;

- to declare appendix 2 to the above-stated resolution invalid.

3. Bring in the order of the Government of the Kyrgyz Republic "About questions of the Ministry of Energy and Industry of the Kyrgyz Republic" of March 5, 2021 No. 80 the following changes:

- subitems 3, 4 Items 3 to recognize invalid;

- appendices 5, 6 to the above-stated resolution to recognize invalid.

4. Recognize invalid:

1) the order of the Government of the Kyrgyz Republic "About questions of the subordinated organizations of the State committee of the industry, power and subsurface use of the Kyrgyz Republic" of December 16, 2016 No. 687;

2) the order of the Government of the Kyrgyz Republic "About reorganization of the state company "Kyrgyzzhilkommunsoyuz" under the State committee of the industry, power and subsurface use of the Kyrgyz Republic" of May 16, 2017 No. 287;

3) the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About questions of the subordinated organizations of the State committee of the industry, power and subsurface use of the Kyrgyz Republic" of December 16, 2016 No. 687" of October 18, 2017 No. 678;

4) the order of the Government of the Kyrgyz Republic "About approval of the Charter of the state company "Kyrgyzteploenergo" under the State committee of the industry, power and subsurface use of the Kyrgyz Republic" of June 29, 2020 No. 362.

5. Determine that the realization of this resolution is enabled within the approved number of staff and means provided to subordinated divisions of the Department of Energy of the Kyrgyz Republic in the republican budget for the corresponding year and the next years.

6. To Department of Energy of the Kyrgyz Republic to take the necessary measures following from this resolution.

7. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

8. This resolution becomes effective from the date of official publication.

Chairman of the Cabinet of Ministers of the Kyrgyz Republic

A. Zhaparov

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of December 20, 2021 No. 320

Regulations on Department on regulation of fuel and energy complex in case of the Department of Energy of the Kyrgyz Republic

Chapter 1. General provisions

1. The department on regulation of fuel and energy complex in case of the Department of Energy of the Kyrgyz Republic is the subordinated division of the Department of Energy of the Kyrgyz Republic (further - the Ministry) performing state regulation of activities of subjects of fuel and energy complex by means of licensing and establishment of rates for electrical, heat energy and natural gas.

2. The department on regulation of fuel and energy complex in case of the Department of Energy of the Kyrgyz Republic (further - Department) is legal successor of the State agency on regulation of fuel and energy complex under the Ministry of Energy and Industry of the Kyrgyz Republic.

3. The department according to the Law of the Kyrgyz Republic "About natural monopolies in the Kyrgyz Republic" is authorized antimonopoly authority in the field of fuel and energy complex (further - energy industry).

4. The department in the activities is guided by the Constitution and the laws of the Kyrgyz Republic, other regulatory legal acts, technical regulations, international treaties which became effective according to the legislation of the Kyrgyz Republic, acts of the Ministry and this Provision.

5. The department is legal entity, has seal with the image of the State Emblem of the Kyrgyz Republic and the name in the state and official languages, and also other seals, stamps, forms of the established sample and the account in system of treasury.

6. Control of activities of Department is exercised by the Ministry.

7. The structure and the staff list of Department affirm the Ministry within the established extreme number of staff.

8. Full trade name of Department:

- in state language: "Kyrgyz Respublikasynyn Energetika to the ministrligena to karashtu Otun-energetikalyk kompleksin zhongo to salu of boyunch department";

- in official language: "Department on regulation of fuel and energy complex in case of the Department of Energy of the Kyrgyz Republic".

The reduced trade name of Department:

- in state language: OEKD;

- in official language: DTEK.

Form of business of Department: organization.

9. Legal address of Department: 720055, Kyrgyz Republic, city of Bishkek, Ulitsa Akhunbayeva, 119.

10. The department performs the activities in interaction with physical persons and legal entities irrespective of patterns of ownership.

Chapter 2. Purpose of activities of Department

11. The purpose of activities of Department is realization of single state policy in the field of state regulation of activities of subjects of fuel and energy complex by means of licensing and establishment of rates for electrical, heat energy and natural gas.

Chapter 3. Tasks of Department

12. Tasks of Department:

- ensuring balance of consumer interests and subjects of energy industry;

- creation of conditions for increase in cost efficiency and reliability of functioning of subjects of energy industry;

- implementation of anti-monopoly regulation in the field of energy industry;

- implementation of state regulation of activities of subjects of energy industry for the purpose of providing consumers with electrical, heat energy and natural gas at economically reasonable prices of the territories of the Kyrgyz Republic;

- providing equal opportunities and conditions of access for all consumers to power lines, heat transfers and to gas supply systems.

Chapter 4. Functions of Department

13. The department performs the following functions:

- grants licenses on:

production, transfer, distribution, sale, export and import of electrical energy (except for productions of the electrical energy received as a result of use of renewable energy resources, and also production of electrical energy from any power sources for own use in case of capacity to 1000 kW);

production, transfer, distribution and sale of heat energy (except for productions of the heat energy received as a result of use of renewable energy resources, and also production of heat energy from any power sources for own use);

oil refining and natural gas, except for productions in industrial amounts of bioethanol from vegetable raw materials and its realization;

production, transfer, distribution and sale of natural gas;

- exercises control of observance of licensed requirements according to the procedure, established by the legislation of the Kyrgyz Republic in the field of fuel and energy complex;

- develops and signs agreements on activities with the power companies, performs observance of the requirements and conditions established in agreements, issues instructions about elimination of violations by results of checks and claims;

- exercises monitoring and control of observance by subjects of energy industry of technical and economic indicators, correctness of forming and use of the prices (rates) for electrical, heat energy and natural gas;

- performs the complex analysis of activities of subjects of energy industry regarding reliability of the provided information;

- makes calculations of profit margin taking into account need of implementation of the approved rebuilding plans, upgrade and new construction at the energy companies;

- makes calculations and approval of rates for electrical, heat energy and natural gas, and also costs of the services rendered by licensees or (and) subjects of energy industry;

- provides balance of consumer interests (subscribers) of energy resources, subjects of natural monopolies in the field of energy industry by means of state regulation and control of their activities;

- participates in project development of the regulatory legal acts directed to enhancement of functioning of energy industry;

- creates and keeps the state register of subjects of natural monopolies in the field of energy industry;

- considers in accordance with the established procedure claims and applications of energy consumers and subjects of energy industry;

- develops methodology of calculation of rates for electrical, heat energy and natural gas;

- develops methodology of calculation of the amount of payment for technology accession to power, thermal and gas networks;

- participates together with other state bodies in coordination of the technical assistance program, investment attraction in energy industry;

- informs the public through mass media and by means of placement on information websites about the Kyrgyz Republic approved by the Cabinet of Ministers to tariff policy, its realization, and also on the activities and the made decisions;

- makes offers on creating favorable conditions for development of generation with use of renewable energy resources (further - RES);

- participates in accordance with the established procedure in work of the international organizations concerning pricing and regulation of activities of subjects of energy industry and performs sci-tech cooperation in this area;

- holds events for legal promotion in the field of the supervised industry;

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