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RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of January 25, 2007 No. 4/112-22/21

About settlement of disagreements which arose in case of the conclusion of the contract for transfer of electrical energy

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 22.03.2007 it is refused to open production on review)

The Supreme Economic Court of Ukraine as a part of board of judges:

Chairman: Kocherova N. O.

judges: The fisherman V.V., Cherkashchenko M. M. the Lviv Economic Court of Appeal on case N4/112-22/21 of economic court of the Lviv region on the claim of Lvovoblenergo open joint stock company to the Lviv city municipal company "Lvovteploenergo" about settlement of disagreements which arose in case of the conclusion of the contract for transfer of electrical energy local (local) power supply networks between the supplier of electrical energy on non-regulated rate and the electrotransferring organization considered the writ of appeal of Lvovoblenergo open joint stock company on the resolution of 16.10.2006,

with the participation of agents of the parties:

from the claimant

from the defendant

ESTABLISHED:

In January, 2006 the Lvovoblenergo open joint stock company appealed to economic court with the claim to the Lviv city municipal company "Lvovteploenergo" for settlement of disagreements which arose between the parties in case of the conclusion of the Agreement on transfer of electrical energy local (local) power supply networks between the supplier of electrical energy on not settled rate and the electrotransferring organization. Asked to state pct 2. 2, 2.7, 5.1, 6.2.7, 10.3, 10.4 of the agreement in the editorial office JSC Lvovoblenergo.

In reasons for claims specified that according to the p. 7 of Art. 276 of the Economic code of Ukraine payment of energy which is released, performed, as a rule, in the form of advance payment. As agreed by the parties planned payments with the subsequent recalculation or payment which is performed for actually released energy can be applied.

At the same time, referring to the p. 4 of Art. 179 and the p. 3 of Art. 184 of the Economic code of Ukraine, specified that in case of the conclusion of economic agreements of the party can determine contents of the agreement based on the approximate agreement recommended by governing body to subjects of housekeeping for use in case of the conclusion them agreements when the parties have the right by mutual consent to change the separate conditions provided by the approximate agreement or to supplement its content. The resolution NKRE N934 of 19.10.05 approves the approximate contract for transfer of electrical energy by local (local) power supply networks between the supplier of electrical energy on non-regulated rate and the electrotransferring organization according to which the draft agreement is stated.

In March, 2006 the claimant specified the requirements and asked to settle issues which arose between the parties in case of the conclusion of the Contract for transfer of electrical energy local power supply networks between the supplier of electrical energy on non-regulated rate and the electrotransferring organization and to state pct 2. 2, 2.7, 5.1 (h 4), 6.2 (h 7), 10.3, 10.4 agreements in the editorial office JSC Lvovoblenergo, in case of this item 2.2 the agreement to state in the following edition: "PNT to 11:00 hours of the last operational day which precedes settlement transfers funds of 50% of the cost of services in transfer of electrical energy and additional (information) services which are determined according to item 2.1 of this agreement, on the current account of the Company".

In June, 2006 the claimant repeatedly submitted the application for refining of claims according to which he asked to settle issues which arose between JSC Lvovoblenergo and "LMKP Lvovteploenergo" in case of the conclusion of the Contract for transfer of electrical energy local power supply networks between the supplier of electrical energy on non-regulated rate and the electrotransferring organization, to state pct 2. 2, Agreements in the editorial office JSC Lvovoblenergo, in the following edition: "PNT to 11:00 hours of the last operational day which precedes settlement transfers funds of 35% of the cost of services in transfer of electrical energy and additional (information) services which are determined according to item 2.1 of this agreement, on the current account of the Company";

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