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The document ceased to be valid since  August 27, 2014 according to the Presidential decree of Ukraine of  August 27, 2014 No. 629/2014

PRESIDENTIAL DECREE OF UKRAINE

of November 23, 2011 No. 1073/2011

About the National commission performing state regulation in the sphere of utilities

In pursuance of the Laws of Ukraine "About natural monopolies" and "About state regulation in the sphere of utilities" I decide:

1. Form the National commission performing state regulation in the sphere of utilities.

2. Approve Regulations on the National commission performing state regulation in the sphere of utilities it (is applied).

3. Approve the extreme number of employees of the National commission performing state regulation in the sphere of utilities in number of 412 established posts.

4. This Decree becomes effective from the date of its publication.

President of Ukraine

V. Yanukovych

Approved by the Presidential decree of Ukraine of November 23, 2011 No. 1073/2011

Regulations on the National commission performing state regulation in the sphere of utilities

1. The national commission performing state regulation in the sphere of utilities (further - the Commission), is the state collegiate organ subordinated to the President of Ukraine and accountable to the Verkhovna Rada of Ukraine.

The commission performs state regulation in the sphere of utilities, in particular in the sphere of heat supply (except activities of the subjects of managing performing the combined production of heat and electrical energy and/or using nonconventional or renewable energy resources), centralized water supply and water disposal.

2. The commission in the activities is guided by the Constitution and the laws of Ukraine, acts and orders of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, other regulatory legal acts.

3. The main objectives of the Commission is implementation of state regulation of activities of subjects of natural monopolies and subjects of managing in the adjacent markets in the way:

1) balancings of interests of subjects of managing, consumers and state;

2) ensuring transparency and openness of activities in the markets of natural monopolies and in the adjacent markets in the sphere of heat supply and centralized water supply and water disposal;

3) consumer protection of goods and services regarding goods receipt and services of proper quality and in sufficient amount at economically reasonable prices, and also stimulations of increase in their quality and satisfaction of demand for them;

4) forming and ensuring predictability of price and tariff policy in the markets which are in condition of natural monopoly, and the adjacent markets, in the sphere of heat supply and centralized water supply and water disposal, assistance to implementation of the stimulating price regulation methods;

5) ensuring the payback of activities of subjects of natural monopolies and subjects of managing in the adjacent markets;

6) providing equal opportunities for access for consumers to goods (services) in the markets which are in condition of natural monopoly;

7) restrictions of influence of subjects of natural monopolies for state policy and assistance of the competition in the adjacent markets in the sphere of heat supply and centralized water supply and water disposal for the purpose of ensuring effective functioning of the corresponding industries.

4. The commission according to the tasks assigned to it:

1) takes part in forming and realization of state policy in the sphere of heat supply, centralized water supply and water disposal;

Performs 2):

licensing of economic activity on centralized water supply and water disposal in the amounts exceeding the level which is established by conditions and rules of implementation of economic activity (licensed conditions);

development and approval of licensed conditions and procedure for control of their observance in the sphere of centralized water supply and vodootvodeniye;

licensing of economic activity on production of heat energy (except activities for production of heat energy on combined heat and power plants, thermal power plants, nuclear power plants and the cogeneration installations and installations with use nonconventional or renewable energy resources), transportation of heat energy by the high-level and local (distribution) thermal networks, delivery of heat energy in the amounts exceeding the level which is established by conditions and rules of implementation of economic activity (licensed conditions);

development and approval of licensed conditions and procedure for control of their observance in the sphere of heat supply;

development of procedures (techniques) of forming of rates for utilities for subjects of natural monopolies and subjects of managing in the adjacent markets which licensing of activities is performed by the Commission;

supervision (control) of activities of subjects of natural monopolies and subjects of managing in the adjacent markets, application of the corresponding sanctions for violation by them of conditions and rules of implementation of the corresponding types of economic activity;

actions for monopolism restriction, regulation of conditions of implementation of economic activity, and also promotes creation of conditions for removal of the goods markets in the sphere of heat supply and centralized water supply and water disposal from condition of natural monopoly and action for development of the competition in the adjacent markets;

control of non-admission of cross subsidizing during implementation of economic activity by subjects of natural monopolies and subjects of managing in the adjacent markets that brings or can lead to non-admission, elimination, restriction or misstatement of the competition;

control of target use of means which amounts are provided by structure of rates and which are received as a result of implementation of licensed activities by subjects of natural monopolies and subjects of managing in the adjacent markets;

control over the implementation by subjects of natural monopolies and subjects of managing in the adjacent markets of the investing programs directed to updating of fixed assets, increase in efficiency and reduction of losses in the course of implementation of the activities which are subject to regulation;

within the powers control of goods quality which are made by subjects of natural monopolies and subjects of managing in the adjacent markets, and services which are provided by such subjects;

Establishes 3):

rates for utilities to subjects of natural monopolies and subjects of managing in the adjacent markets which licensing of activities is performed by the Commission;

level of production volume of goods (services) below which subjects of natural monopolies and subjects of managing in the adjacent markets in the sphere of heat supply and centralized water supply and water disposal are allowed to perform the activities without licenses;

restrictions concerning combination of types of economic activity by subjects of natural monopolies and subjects of managing in the adjacent markets;

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