of February 19, 1998 No. 1525-XIII
The parliament adopts this law.
In this law the following basic concepts are used:
power - the industry of national economy including network of the companies and objects electro-and heat-and-power engineeering, gas it is firm - and liquid-fuel economy, training centers, project, research and other organizations;
energy resources - set of the energy carriers used in productive activity and in life;
losses of energy resources - inevitable technology losses of energy resources in the course of their production, conversion, transportation, storage, accounting, distribution and consumption, and also the losses caused by non-compliance with engineering procedures, uneconomical or wasteful use of these resources.
the measuring equipment - the device or system intended for measurement of amount of the energy resources implemented to the consumer for the purpose of the statement of the invoice;
the consumer - any physical person or legal entity using energy resources;
the residential customer - any physical person using energy resources for the domestic needs which are not connected with business or professional activity;
not residential customer - any physical person or legal entity using energy resources in others, than domestic needs, the purposes.
The purpose of this law is creation of the legal basis for ensuring effective functioning of power, reliable supply of national economy and the population with energy resources.
a) regulates organizational, economic and financial activities of the companies and organizations of power, their relation with the central public regulating authority in power, the central and local authorities of public management, physical persons and legal entities;
b) establishes the basic principles of activities of producers of energy, transport enterprises, suppliers of energy resources, the legal and economic relations between suppliers and consumers;
c) determines procedure for providing consumers with high-quality fuel and energy by minimum prices and rates;
d) determines bases of safety of functioning of energy objects.
Enters competence of the central body of public energy division:
a) development and realization of state policy in the field of power;
b) development of the state concept and development programs of power;
c) accomplishment monitoring at the scheduled time of development programs and investments in power;
d) preparation of regulations concerning power;
e) development of international backgrounds in the field of power, including in the field of strategic acquisition of energy resources, investment attraction, expansion of intersystem communications and creation of the international energy market;
f) management of state-owned property in industry;
g) competition stimulation, restriction of exclusive activities in the field of power.
(1) the Body equipped with functions of regulation and monitoring of sectors of power is the National regulation agency in power (further - the Agency).
(2) the Agency performs the following main functions:
a) supervision of compliance with law in the field of power;
b) stimulation and ensuring the loyal competition, effective functioning of energy markets;
d) monitoring of observance by licensees of the established conditions of implementation of the permitted types of activity and application of provisions of the special laws specified in Item c);
e) realization of adequate tariff policy and observance of the rights and consumer interests;
e-1) approval of rates in the cases provided by the law, calculated according to the approved methodologies and monitoring of correctness of their application;
f) supervision of observance by the companies which activities are regulated by the Agency, the principle of the necessary and confirmed prices during the calculating and representation for approval of rates for regulated types of activity;
g) control of procedure for observance of the rights of consumers, consideration of petitions and claims of consumers and suppliers and permission of the misunderstanding which arose between them within the competence.
(3) For the purpose of implementation of the powers and functions provided by the law, the Agency develops and approves regulations, methodologies and other regulations according to the law.
(4) the Agency performs also other functions provided by the law.
(5) For the purpose of accomplishment of provisions of this law Agency cooperates with the central industry body, Competition council, in particular by mutual provision of information necessary for application of both provisions of the legislation on protection of the competition, and legislation provisions in the field of power, the ministries and other interested central or local public authorities, and also associations of consumers.
(6) the Agency performs the activities according to the laws, is independent in relation to all participants of energy markets, and also other bodies or physical persons and legal entities.
(1) Control of the Agency is exercised of the Administrative board consisting of five directors.
(2) One of five directors of the Parliament Administrative board appoints the CEO of Administrative board of the Agency to position.
(3) Decisions of Administrative board are made by a majority vote members of council. Each of directors has one voice.
(4) the CEO of Administrative board is appointed by Parliament according to the proposal of the Chairman of the parliament in the presence of the positive conclusion of the profile parliamentary commission. Directors of Administrative board are appointed by Parliament according to the offer of the profile parliamentary commission. All directors are appointed for a period of 6 years. In case of emergence for the different reasons of vacant position of the director the Parliament appoints the new director in a month. In case of the first appointment of the director of Administrative board are appointed Parliament as follows: the CEO is appointed for a period of 6 years, two directors are appointed for a period of 4 years and two directors - for a period of 2 years. Any of members of Administrative board cannot hold position more than 12 years.
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