RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 1, 2014 No. 552

Some questions of accomplishment of investing programs in spheres of heat supply, centralized water supply and drainage system

According to part seven of article 26-1 of the Law of Ukraine "About heat supply" and parts seven of article 18-1 of the Law of Ukraine "About drinking water and drinking water supply" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure of control over the implementation of investing programs in spheres of heat supply, centralized water supply and drainage system which is applied.

2. Determine that:

limit of cost of investments which can be attracted by subjects of managing on investing programs in spheres of heat supply, centralized water supply and water disposal which join in economically reasonable expenses on production, transportation and delivery of heat energy, renderings of services on centralized water supply and drainage system is the actual effective interest rate on which the subject of managing attracts investments and which cannot exceed the size of discount rate of the National Bank of Ukraine plus 3 percent;

subjects of managing attract investments in amounts which can be returned during the term of accomplishment of investing programs in spheres of heat supply, centralized water supply and water disposal without emergence of risk of loss of financial independence by them;

the deadline of action of investing programs in spheres of heat supply, centralized water supply and water disposal cannot be less than the term of complete repayment of obligations on them.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 1, 2014, No. 552

Procedure of control over the implementation of investing programs in spheres of heat supply, centralized water supply and drainage system

1. This Procedure determines the mechanism of control of accomplishment of investing programs in spheres of heat supply, centralized water supply and water disposal (further - investing programs).

2. In this Procedure terms are used in the value given in the Laws of Ukraine "About heat supply", "About drinking water and drinking water supply", "About licensing of certain types of economic activity".

3. Control over the implementation of investing programs by subjects of managing which in the procedure established by the legislation obtained licenses for the right of implementation 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 cogeneration installations and installations with use nonconventional or renewable energy resources), transportation of heat energy by the high-level and local (distribution) thermal networks, to supply of heat energy, centralized water supply and water disposal (further - subjects of managing) is performed by NKREKP, Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city administrations (further - control facilities).

4. The main criteria of control of accomplishment of investing program are:

condition of accomplishment of investing program;

target use of the means provided for accomplishment of investing program;

compliance of the actual amounts of use of the means provided for accomplishment of investing program, planned;

actual productive indicators of implementation of actions of investing program.

5. Subjects of managing during execution of investing program shall hold to the financial plan of use of the means provided for its accomplishment, and the schedule of implementation of actions of such program with use of the specified means.

6. Subjects of managing (except licensees of NKREKP) give quarterly to the last date following the accounting period and within 60 calendar days after the termination of term of accomplishment of investing program to Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city state administrations explanatory note on accomplishment of investing program and use of the means provided for its accomplishment.

The explanatory note is constituted in any form and shall contain:

planned both actual start date and completion of investing program;

analysis results of productive indicators of implementation of actions of investing program;

analysis results of implementation of actions of investing program in quantitative and qualitative indexes according to the financial plan of use of the means provided for its accomplishment (variation of the actual indicators from planned as a percentage), the reasons of non-realization of the specified actions;

results of assessment of condition of the money provided for accomplishment of investing program, and also planned and actual costs on each action of investing program;

influence of results of accomplishment of investing program on structure of rates for production, transportation and delivery of heat energy, provision of services on centralized water supply and drainage system;

analysis results of implementation of actions of investing program at the expense of credit resources (loan, etc.).

Subjects of managing which are licensees of NKREKP in accordance with the established procedure submit in control facility quarterly the report on accomplishment of investing program and annually such report together with the explanatory note.

Subjects of managing provide information access about accomplishment of investing programs according to requirements of part one of article 6 of the Law of Ukraine "About features of information access in spheres of supply of electrical energy, natural gas, heat supply, centralized supply of hot water, centralized drinking water supply and water disposal".

7. Control over the implementation of investing program is exercised by control facility by carrying out scheduled and unscheduled inspections.

Scheduled inspections are carried out by control facilities according to approved as them scheduled plans.

The head or the authorized representative of the subject of managing shall provide to officials of control facility documents for acquaintance, and also provide access to objects on which actions of investing program are performed.

8. The bases for carrying out unscheduled inspection of accomplishment of investing program by control facility is identification and confirmation of unauthenticity of the data provided by the subject of managing, non-presentation of such data at the scheduled time.

9. Accredited experts and the expert organizations can be involved in carrying out scheduled and unscheduled inspection of accomplishment of investing program from consent.

10. Control facility when carrying out scheduled and unscheduled inspection of accomplishment of investing program:

carries out the analysis of documents and materials on accomplishment of investing program;

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