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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 5, 2009 No. 193

Questions of implementation of article 53 of the Law of Ukraine "About the Government budget of Ukraine for 2009"

(as amended on 12-08-2015)

According to article 53 of the Law of Ukraine "About the Government budget of Ukraine for 2009" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for transfer in 2009 for subvention from the government budget to local budgets on debt repayment on difference in rates for heat energy, services in water supply and drainage system which were made, transported and delivered to the population, the actual cost of heat energy, services in water supply and drainage system which arose in connection with discrepancy to rates which affirmed or approved by relevant organs of the government or bodies local self-government which is applied.

2. Bring in the Regulations on the Interdepartmental commission on debt repayment of the companies of fuel and energy complex approved by the resolution of the Cabinet of Ministers of Ukraine of February 22, 2006 No. 190 "About formation of the Interdepartmental commission on debt repayment of the companies of fuel and energy complex" (The Official Bulletin of Ukraine 2006, No. 8, the Art. 447, No. 45, Art. 3007; 2007, No. 39, the Art. 1558), and the resolution of the Cabinet of Ministers of Ukraine of December 3, 2008 No. 1082 "Questions of enhancement of settlement schemes for the used electric power and natural gas" (The Official Bulletin of Ukraine, 2008, No. 97, the Art. 3198) changes which are applied.

3. Declare invalid Item 1 of the resolution of the Cabinet of Ministers of Ukraine of November 26, 2008 No. 1036 "Some questions of the organization of the budget process" (The Official Bulletin of Ukraine, 2008, No. 92, the Art. 3053).

Prime Minister of Ukraine

Yu. Tymoshenko

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 5, 2009, No. 193

Procedure for transfer in 2009 of subvention from the government budget to local budgets on debt repayment on difference in rates for heat energy, services in water supply and drainage system which were made, transported and delivered to the population, the actual cost of heat energy, services in water supply and drainage system which arose in connection with discrepancy to rates which affirmed or approved by relevant organs of the government or local government bodies

1. This Procedure determines the transfer mechanism in 2009 of subvention from the government budget to local budgets on debt repayment by difference in rates for heat energy, services in water supply and drainage system which were made, transported and delivered to the population, the actual cost of heat energy, services in water supply and drainage system which arose in connection with discrepancy to rates which affirmed or approved by relevant organs of the government or local government bodies (further - debt on difference in rates), for acquisition account, determined by Item 41 of article 6 of the Law of Ukraine "About the Government budget of Ukraine for 2009", and the additional tax liabilities which result from accomplishment of article 53 of noted Law, and also due to repayment of the restructured debt to the state on the loans attracted by the state or under the state guarantees and due to debt repayment of local budgets before the government budget, the financial aid to the Government of the Autonomous Republic of Crimea which arose in connection with provision by the Ministry of Finance, regional and Sevastopol city to executive committees for the companies of power system which are in municipal property, according to the resolution of the Cabinet of Ministers of Ukraine of July 26, 1994 N 510.

2. The subvention from the government budget is listed to local budgets on debt repayment on difference in rates (further - calculations) on the conditions determined by this Procedure on outstanding amount on difference in rates which was formed during the period from January 1, 1998 to October 1, 2009 taking into account carried out in 2006 and 2008 of calculations and the certificate of the size of accounts payable of local budgets and/or receivables of participants of calculations which is not extinguished for date of creation, within the monthly limits set by the Ministry of Finance for Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city state administrations according to the approved expense allocation of the Government budget of Ukraine for 2009. Correction of limits can quarterly be performed based on appeals of Council of Ministers of the Autonomous Republic of Crimea of the regional, Kiev and Sevastopol city state administrations which are sent to the Ministry of Finance with the corresponding reasons and calculations.

3. The basis for carrying out calculations is the agreement on the organization of settlement which is signed between participants of calculations based on the document confirming availability at participants of calculations creditor and/or receivables (taking into account penalty fee, penal and financial sanctions which are added to the companies of power system on debt for the natural gas used by them during the period from January 1, 1998 to October 1, 2009).

The form of the agreement is approved by the State Treasury in coordination with GNA, Mintoplivenergo, Minzhilokommunkhoz and the Ministry of Finance.

The condition concerning its reality only in case of carrying out the corresponding financing is surely provided in the agreement.

4. The amount of debt on difference in rates is determined by participants of calculations as difference between actual expenses on heat energy (production, transportation and delivery of heat energy, service in centralized heat supply and hot water supply), services in water supply and drainage system and the actual charges agrees approved for the population by rates taking into account recalculation for low-quality and not in full the provided services with assignment of the grant of local budgets received by participants of calculations for compensation of difference in rates, and the debt on difference which is actually repaid in 2006 in rates according to Procedure for transfer in 2006 for subvention from the government budget to local budgets for debt repayment of last years on difference in the rates for heat energy, services in water supply and drainage system approved for the population which are approved by the resolution of the Cabinet of Ministers of Ukraine of May 22, 2006 N 705 (The Official Bulletin of Ukraine, 2006, N 21 Art. 1556), and actually repaid debt on difference in rates according to Procedure for transfer in 2008 of subvention from the government budget to local budgets on debt repayment on difference in rates for heat energy, services in water supply and drainage system which were made, transported and delivered to the population, the actual cost of heat energy, services in water supply and drainage system which arose in connection with discrepancy to the rates approved by public authorities or local government bodies which are approved by the resolution of the Cabinet of Ministers of Ukraine of April 25, 2008 N 440 (The Official Bulletin of Ukraine, 2008, N 34 Art. 1151).

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