LAW OF UKRAINE

of April 9, 2015 No. 327-VIII

About introduction of new investment opportunities, providing the rights and legitimate interests of subjects of business activity for carrying out large-scale power upgrade

This Law establishes the legal and economic principles of implementation of power service for increase in energy efficiency of objects of the state-owned and utility property.

Article 1. Determination of terms

1. In this Law the terms below are used in such value:

1) basic level of consumption of fuel and energy resources and housing and communal services - average value of amounts of annual consumption of fuel and energy resources and housing and communal services (in natural indicators) object Energoservice with indication of amounts of consumption of each type of fuel and energy resources and housing and communal services annual average in three years preceding year in which public procurement of power service is conducted;

2) power service - complex of the technical and organizational energy saving (energy efficient) and other actions directed to reducing by the customer of power service of consumption and/or expenses on payment of fuel and energy resources and/or housing and communal services in comparison with consumption (expenses) in the absence of such actions;

3) the power service agreement - the agreement which subject is implementation of power service by the contractor of power service which payment is performed due to the power service reached as a result of implementation reducing consumption and/or expenses on payment of fuel and energy resources and/or housing and communal services in comparison with consumption (expenses) in the absence of such actions;

3-1) object of power service - the house, the building, construction, their complex, object and/or element (part) of subject to improvement, group of buildings (constructions), complex (structure) which are in the state-owned or utility property and concerning which the federal executive body which sphere of management the customer of power service treats (concerning objects of state-owned property), by executive body of local council or local executive body (on objects of utility property) makes the decision on power service purchase;

4) annual payments to the contractor of power service - the payments determined by the participant of procurement procedure in the tender offer, the offer at negotiations (in case of application of negotiation procurement procedure) which the customer of power service shall pay annually the contractor in accordance with the terms of the power service agreement. The annual payment is determined as payment amount for the settlement (monthly) period;

5) annual expense reduction of the customer of power service - annual expense reduction of the customer (in cash) on consumption of fuel and energy resources and/or housing and communal services as a result of power service implementation that is noted by the participant of procurement procedure in the tender offer, the offer at negotiations (in case of application of negotiation procurement procedure). Annual expense reduction of the customer of power service is calculated the participant of procurement procedure as the settlement reducing consumption of fuel and energy resources and/or housing and communal services in comparison with basic level of consumption of fuel and energy resources and housing and communal services increased by the prices (rates) for payment of fuel and energy resources and/or housing and communal services operating for date of the notification on holding competitive procurement procedure.

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