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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 7, 2015 No. 263

About features of regulation of the relations in the field of power industry in the territory where public authorities temporarily do not perform or perform in full the powers

(as amended on 21-12-2016)

According to part four of article 23 of the Law of Ukraine "About power industry" the Cabinet of Ministers of Ukraine decides:

1. Determine that:

purchase and sale since May 1, 2015 of the electrical energy moved from the territory where public authorities temporarily do not perform or perform in full the powers (further - the uncontrollable territory), on other territory of Ukraine (further - the controlled territory) and/or from the controlled territory on the uncontrollable territory (further - difference of overflows of electrical energy), is performed in the controlled territory by the wholesale supplier of electrical energy and in the uncontrollable territory the subjects of managing performing production of electrical energy on the electroinstallations located in the uncontrollable territory and determined by the Ministry of Energy and Coal Industry (further - the electric power producers performing activities in the uncontrollable territory), and/or DTEK Donetskoblenergo public joint stock company in Donetsk region and Luhansk Energy Combining limited liability company in the Luhansk region;

Purchase and sale of the electrical energy made from alternative energy sources by Wind New Azov Park limited liability company which performs activities in the uncontrollable territory and to which the "green" rate is established till May 1, 2015 and are provided borrowing facilities by the European Bank for Reconstruction and Development (further - the producer which has the warranties provided by the legislation), if technically possible deliveries (transfer) of the made electric power to the controlled territory any subjects to transfer of electrical energy for repayment period of the obtained credit in accordance with the terms of the agreement is performed by the wholesale electric power supplier in the points of accounting of electrical energy determined by the Ministry of Energy and Coal Industry located in the controlled territory;

the difference of overflows of electrical energy is considered separately on the Donetsk and Luhansk regions in the points of accounting located in the controlled territory except electrical energy of the producer which has the warranties provided by the legislation;

subjects of power industry and owners of power networks provide easy access to subjects to transfer of electrical energy in the controlled territory for the purpose of accomplishment of this resolution;

Means of the investment component in rates for electrical energy of electric power producers approved for the purpose of compensation of investments and the credits from which means are used for reconstruction and the upgrade of the electroinstallations located in the uncontrollable territory and put into operation in the procedure established by the legislation are enlisted on current accounts with the special mode of use of such producers in authorized bank and used first of all on accomplishment of obligations to "Government Savings Bank of Ukraine" public joint stock company.

2. The electrical energy which is made in the uncontrollable territory except electrical energy of the producer which has the warranties provided by the legislation is on sale in this territory to subjects of power industry, the local (local) power supply networks performing activities for transfer of electrical energy and delivery of electrical energy on regulated rate (further - the power suppliers performing activities in the uncontrollable territory), and/or to consumers of electrical energy of the respective area, and/or other subjects of managing located in the respective area according to conditions of the multi-lateral agreement signed between the subjects of power industry performing activities in the uncontrollable territory (further - the multi-lateral agreement).

3. Production management dispatching (quickly), transfer, distribution and electrical supply and transfer of electrical energy the high-level and interstate power networks in the uncontrollable territory are performed by the state company "The national energy company "Ukrenergo".

4. The procedure, the mechanism and the principles of interaction of the subjects of power industry arising in connection with production, transfer, delivery, purchase and sale of electrical energy, procedure for pricing (rates), compensations of technology losses of electrical energy by transfer and also calculations for electrical energy, service in transfer and electrical supply, other questions of regulation of the relations in the field of power industry in the uncontrollable territory are determined by the multi-lateral agreement.

5. The subjects of power industry which are at the same time performing activities in the controlled and uncontrollable territory keep separate financial accounting of economic activity in the uncontrollable and controlled territory.

6. Calculations for electrical energy between the subjects of power industry performing activities in the uncontrollable territory and/or consumers which are in the uncontrollable territory salary payment, purchase of fuel and fuels and lubricants, implementation of other expenses connected with production of productive activity are performed in cash (non-cash and cash) form and any other form, than cash, not prohibited by the legislation (except salary payment).

Calculations for electrical energy between producer which has the warranties provided by the legislation and the wholesale supplier are performed in the corresponding settlement period on "green" rate in cash in full according to the Law of Ukraine "About power industry".

7. Calculations for sale of difference of overflows of electrical energy between the wholesale supplier and DTEK Donetskoblenergo public joint stock company and Luhansk Energy Combining limited liability company in the uncontrollable territory are performed in non-cash form through the separate current accounts of the specified subjects of managing opened in authorized bank and the current account with the special mode of use of the wholesale supplier.

8. Wholesale supplier:

1) does not perform purchase of electrical energy from the electric power producers performing activities in the uncontrollable territory and its payment, except purchase of electrical energy from the producer which has the warranties provided by the legislation and purchases of difference of overflows of electrical energy;

2) does not perform sale of electrical energy to the power suppliers performing activities in the uncontrollable territory in the points of accounting of electrical energy determined by the Ministry of Energy and Coal Industry;

3) does not perform purchase and sale of the electrical energy moved with interstate power networks which are located in the uncontrollable territory and connect the integrated power system of Ukraine (or its part) to power supply system of the adjacent country;

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