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LAW OF UKRAINE

of July 29, 2022 No. 2479-IX

About features of regulation of the relations in the natural gas market and in the field of heat supply during action of warlike situation and further recovery of their functioning

This Law determines features of regulation of the relations in the natural gas market and in the field of heat supply during action of warlike situation and further recovery of their functioning.

Terms are used in this Law in the values given in the laws of Ukraine "About the natural gas market", "About heat supply", "About housing and communal services", "About the measures directed to overcoming the crisis phenomena and ensuring financial stability in the natural gas market", "About the measures directed to settlement of debt of the heatsupplying and heatgenerating organizations and the companies of centralized water supply and water disposal" and other laws of Ukraine.

Section I. General provisions

Article 1. The moratorium on price increase (rates) in the natural gas market and in the field of heat supply

1. During action of warlike situation in Ukraine and six months after month in which the warlike situation will be stopped or cancelled increase in rates is forbidden on: services in distribution of natural gas for all categories of consumers; heat energy (its production, transportation and delivery) for the population, delivery services of heat energy for the population and supply of hot water for the population.

2. During action of warlike situation in Ukraine and six months after month in which the warlike situation will be stopped or cancelled the natural gas price for residential customers, and also for associations of co-owners of apartment houses, housing cooperatives, other representative by co-owners according to the legislation of person which by self-sufficiency contains systems of autonomous heat supply of the apartment house, belonging to co-owners on the right of common joint property in the apartment house, in their interests signs the delivery agreement of natural gas for work of gas boiler rooms (roof, attached and/or located on house adjoining) the territories) for ensuring needs of co-owners of the apartment house (except non-residential premises), producers of heat energy - if they use natural gas for production of heat energy for the population and signed the contract with the subject of the natural gas market, to whom according to part one of article 11 of the Law of Ukraine "About the natural gas market" special obligations are assigned, is not subject to increase from the price applied in the relations between suppliers and the corresponding consumers as of February 24, 2022.

During action of warlike situation in Ukraine and six months after month in which the warlike situation will be stopped or cancelled, in delivery agreements of natural gas to associations of co-owners of apartment houses for ensuring heating and hot water service of apartments of co-owners (except non-residential premises) it is forbidden to provide conditions about advance payment, provision of the bank guarantee on amount of monetary commitments of the consumer and cash write-off without acceptance from the bank account of the consumer.

During action of warlike situation in Ukraine and six months after month in which the warlike situation will be stopped or cancelled, charges of penalty (penalty, penalty fee) for untimely carrying out calculations for natural gas associations of co-owners of apartment houses, housing cooperatives, other representative by co-owners according to the legislation by person who by self-sufficiency contains systems of autonomous heat supply of the apartment house belonging to owners on the right of common joint property in the apartment house, it is not performed for the period during which such apartment house was in temporarily occupied territory determined according to the Law of Ukraine "About providing the rights and freedoms of citizens and legal regime in temporarily occupied territory of Ukraine or around carrying out military (fighting) operations, and also for the period during which at least 30 percent of total living space of such house were acknowledged unsuitable for accommodation as a result of military (fighting) operations and on condition of provision to creditors of the documents confirming such circumstances.

The procedure for confirmation of the circumstances which are the basis for not charge of penalty (penalty, penalty fee), is determined by the Cabinet of Ministers of Ukraine.

During action of warlike situation in Ukraine and six months after month in which the warlike situation will be stopped or cancelled the supplier of natural gas is forbidden to perform any actions for compulsion of the residential customer for payment of debt (including to include debt in the invoice for payment, to submit legal claims, to carry out debt collection forcibly, to undertake measures for the termination of gas supply in connection with debt availability and so forth), which is regulated according to the paragraph to the second part three of article 2 of this Law.

3. Temporarily, during action of warlike situation in Ukraine and six months after month in which the warlike situation will be stopped or cancelled, the National commission performing state regulation in spheres of power and utilities (further - the Regulator) has the right according to the address of the supplier of "the last hope" to make decisions on implementation of supply of natural gas to residential customers the supplier of "the last hope" on the terms of the standard agreement of supply of natural gas to residential customers which affirms the Regulator, and the basic annual proposal of the subject of managing (supplier) determined by the supplier of "the last hope". In that case conditions of the standard agreement of supply of natural gas to residential customers and the basic annual proposal of such business entity (supplier) are applied to the residential customer from start date of supply of natural gas by the supplier of "the last hope" and/or the Law of Ukraine "About the Government budget of Ukraine for 2023".

Article 2. The guarantees provided to subjects of managing

1. To the subjects of managing performing production and/or transportation and/or delivery of heat energy and rendering delivery services of heat energy and supply of hot water concerning which the moratorium according to part one of article 1 of this Law is imposed it is compensated:

debt on difference in rates for production, transportation and delivery of heat energy, for heat energy, services in centralized heating and centralized supply of hot water, delivery service of heat energy and supply of hot water which is subject to settlement on conditions and according to the procedure, the heatsupplying and heatgenerating organizations determined by the Law of Ukraine "About the measures directed to settlement of debt and the companies of centralized water supply and water disposal";

expenses and/or losses suffered as a result of military operations and for the purpose of prevention of approach of humanitarian crisis situations to which repair expenses of the damaged production capacities belong of loss from reduction of number of subscribers and/or amount of the rendered services of loss from decrease in level of the calculations formed (are formed) for the periods since February 1, 2022 on the last number of the sixth month after month in which the warlike situation will be suspended or cancelled.

The list of such expenses and/or losses, and also procedure and conditions of their calculation, approval and compensation are determined by the Cabinet of Ministers of Ukraine.

2. Are compensated to operators of gas-distribution systems concerning which the moratorium according to part one of article 1 of this Law is imposed:

debt (monetary commitments) as of March 1, 2022 which is subject to settlement according to the Law of Ukraine "About the measures directed to overcoming the crisis phenomena and ensuring financial stability in the natural gas market";

difference in rates for services in distribution of natural gas in amounts of exceeding of the actual expenses connected with provision of services on distribution of natural gas according to the reporting provided by operators of gas-distribution systems to the Regulator taking into account the expenses incurred owing to military operations and for the purpose of prevention of approach of humanitarian crisis situations to which repair expenses of the damaged infrastructure belong over the received tariff revenue, taking into account decrease in level of calculations, reduction of number of subscribers, formed (formed) from March 1, 2022 on the last number of the sixth month after month in which the warlike situation will be stopped or cancelled.

The difference amount in rates for services in distribution of natural gas which is subject to compensation according to the paragraph third this part is confirmed by the Regulator monthly (taking into account the last months) according to the reporting of operators of gas-distribution systems.

The list of the expenses incurred by operators of gas-distribution systems as a result of military operations and for the purpose of prevention of approach of humanitarian crisis situations on repair of the damaged infrastructure, is determined by the Cabinet of Ministers of Ukraine.

3. Are compensated to suppliers of natural gas:

debt of residential customers which is regulated according to the Law of Ukraine "About the measures directed to overcoming the crisis phenomena and ensuring financial stability in the natural gas market";

difference between the cost of delivery services of natural gas to residential customers taking into account the losses suffered as a result of military operations and for the purpose of prevention of approach of humanitarian crisis situations from March 1, 2022 on the last number of the sixth month after month in which the warlike situation will be suspended or cancelled, and the actual pay level by residential customers of service in gas supply.

The amount of the difference which is subject to compensation according to the paragraph third this part is confirmed by the Regulator monthly according to the reporting of suppliers of natural gas.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info