LAW OF UKRAINE

of April 13, 2017 No. 2019-VIII

About the market of electrical energy

This Law determines legal, economic and organizational basis of functioning of the market of electrical energy, governs the relations connected with production, transfer, distribution, purchase and sale, delivery of electrical energy for ensuring reliable and safe supply of electrical energy to consumers taking into account consumer interests, development of the market relations, minimization of costs for delivery of electrical energy and minimization of negative impact on the surrounding environment.

Section І General provisions

Article 1. Determination of terms

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

1) the administrator of commercial accounting of electrical energy (further the administrator of commercial accounting) - the legal entity who provides the organization and administration of commercial accounting of electrical energy in the market of electrical energy and also performs functions of the central aggregation of data of commercial accounting;

2) the administrator of calculations - the legal entity who provides the organization of carrying out calculations in the balancing market and the market of support services;

3) algorithm of distribution of means - procedure for distribution by authorized banks of funds from current accounts with the special mode of use without payment orders which is set by the Regulator according to this Law;

3-1) auction office - the operator of system of transfer or other legal entity determined according to this Law who provides distribution of handling capacity of interstate sections;

3-2) active consumer - the consumer, including the private household, the energy cooperative and the consumer who is the customer of power service (both to, and after transition to the customer according to the power service agreement of the property right to property, educated (established) according to the power service agreement), consuming electrical energy and developing electrical energy, and/or performing activities for energy storage, and/or selling excesses of the made and/or kept electrical energy, or participating in actions for energy efficiency and demand management according to requirements of the law provided that these types of activity are not its main economic or professional activity;

4) balance between the demand and supply - satisfaction of the forecasted demand of consumers on electrical energy without the need for taking measures for reduction of amount of consumption;

4-1) balancing - all actions and processes which are performed during any period of time, by means of which the operator of system of transfer provides permanent maintenance of frequency in the integrated power system of Ukraine within previously certain range of stability and provide maintenance of necessary amounts of reserves of necessary quality;

5) the balanced group - consolidation of participants of the market which is created based on the agreement on creation of the balancing group within which the participant of the market defined by the agreement who enters such consolidation bears responsibility for balance of electrical energy of all other participants of the market entering such consolidation;

6) the balancing group of the guaranteed buyer - the balancing group in which the party responsible for balance, the guaranteed buyer within which the guaranteed buyer bears responsibility for balance of electrical energy, for their constructions (start-up complex) of the subjects of managing developing electrical energy from alternative energy sources included in power generation facilities or queues in such group is;

7) the balancing market of electrical energy (further - the balancing market) - the market organized by the operator of system of transmission of electricity for the purpose of the providing sufficient amounts of electric power and energy necessary for balancing in real time of production volumes and import of electrical energy and consumption and export of electrical energy, settlement of system restrictions in the integrated power system of Ukraine, and also financial settlement of not balances of electrical energy;

8) safety of delivery of electrical energy - capability of electric power industry to provide needs of consumers for electrical energy according to requirements of this Law;

9) vertically integrated subject of managing - the legal entity irrespective of legal form and pattern of ownership, physical person including which exercises control over other legal entity or physical person performing activities for transfer and/or distribution of electrical energy and at least one of functions for production or delivery of electrical energy or group of such faces tied among themselves directly or indirectly by the relations of control, performing activities for transfer and/or distribution of electrical energy and at least one of functions for production or delivery of electrical energy;

10) the electric power producer (further - the producer) - the subject of managing performing production of electrical energy;

11) production of electrical energy - the activities connected with transformation of energy from energy resources of any origin in electrical energy by means of technical means except activities for energy storage;

12) responsibility for balance - obligations of participants of the market to report and perform hourly schedules of electrical energy according to amounts of the purchased and sold electrical energy and to bear the financial responsibility for settlement of not balances;

13) free handling capacity of interstate section (further free handling capacity) - handling capacity of interstate section less the size of handling capacity and handling capacity distributed at auctions to which action of requirements of Articles 38, of the 39th this Law does not extend. In calculation of daily free handling capacity the unused size of the handling capacity distributed at the previous auctions is considered;

14) the intra daily market of electrical energy (further - the intra daily market) - segment of the market of electrical energy on which purchase and sale of electrical energy is performed continuously after completion of the biddings in the market "for the days ahead" and within a day physical delivery of electrical energy;

15) vulnerable consumers are the residential customers determined in the procedure established by the Cabinet of Ministers of Ukraine who have the right on provided by the law support for expense recovery for payment of the consumed electrical energy and/or protection against shutdown in certain periods;

15-1) installed capacity of power generation facility - the total rated active electric power of the electrogenerating equipment intended for production of electrical energy or the combined production of electrical and heat energy being part of power generation facility which is confirmed with technical documentation or technical data sheet of the electrogenerating equipment;

16) the guaranteed buyer of electrical energy (further - the guaranteed buyer) - the subject of managing, according to this Law shall buy electrical energy from producers to which the "green" rate is established, power generation facilities or queues of construction (start-up complexes) of which are included in the balancing group of the guaranteed buyer and to acquire service in ensuring support of production of electrical energy from alternative sources on the mechanism of market award (service in the mechanism of market award) at producers which signed the service provision agreement with it on ensuring support of production of electrical energy from alternative sources on the mechanism of market award (the service provision agreement on the mechanism of market award), and also to perform other functions determined by the legislation;

16-1) security - guarantee that the granted physical right to use interstate section will remain available to use and that compensation will be paid according to rules for apportionment of handling capacity of interstate sections if such right is reduced;

17) the bilateral agreement - the purchase and sale agreement of electrical energy signed between two participants of the market out of organized segments of the market except the electric power supply agreement to the consumer;

18) dispatching management - operational and technology management of the integrated power system of Ukraine with providing reliable and regular supply of electrical energy to consumers with observance of requirements of energy security;

19) the purchase and sale agreement of electrical energy in the intra daily market - the agreement signed electronically between the operator of the market and the participant of the vnutrusutochny biddings on purchase and sale of electrical energy by results of the intra daily biddings according to which simultaneous acceptance by participants of the intra daily biddings of the rights and obligations on purchase and sale of electrical energy by results of carrying out the corresponding intra daily biddings is performed;

20) the purchase and sale agreement of electrical energy in the market "for the days ahead" (further - the agreement in the market "for the days ahead") - the agreement signed electronically between the operator of the market and the bidder "for the days ahead" on kuplyuprodazha of electrical energy by results of the biddings "for the days ahead" according to which simultaneous acceptance by the bidder "for the days ahead" and the operator of the market of the rights and obligations on purchase and sale of electrical energy by results of carrying out the corresponding biddings "for the days ahead is performed";

20-1) contribution agreement in distribution of handling capacity - the agreement which governs the relations in the course of acquisition, use, sale, payment and the termination of the physical right to use interstate section;

21) the permitted capacity - the maximum size of capacity permitted to use at any time behind each object of the consumer according to terms of the contract, acquired based on agreement performance about accession or as a result of acquisition of property right or use to object (objects);

22) support services - the services determined by this Law and rules of the market which the operator of system of transfer buys from suppliers of support services for ensuring permanent and reliable job of the integrated power system of Ukraine and quality of electrical energy it agrees established by requirements;

23) the physical right to transfer - the acquired right to use handling capacity of interstate sections between two power systems of the adjacent states (trade zones) in certain direction and during the certain period of time;

24) access of the third parties - the right of any user of system to use system of transmission of electricity and system of distribution of electrical energy on in advance and publicly announced conditions according to the principles of transparency and nediskriminatsionnost;

25) handling capacity of interstate section (further - handling capacity) - the size of the maximum capacity of electrical energy which can be transferred from power supply system of one state to power system of other state in the corresponding direction, on condition of secured provision of safety and reliability of functioning of OES of Ukraine;

26) electrical energy - the energy developed on power generation facilities is also the goods intended for purchase and sale;

27) power network - set of electroinstallations for transfer and/or distribution of electrical energy;

28) power industry - industry of economy of Ukraine which provides consumers with electrical energy;

29) the electrical power company - the subject of managing performing one of the following functions: production, transfer, distribution, delivery of electrical energy to the consumer, storage of energy or trading activities;

29-1) electronic auction on purchase and sale of electrical energy - auction which is held by means of the software of the organizer of such auction;

30) the electrosupplier - the subject of managing who performs sale of electrical energy according to the electric power supply agreement to the consumer;

31) power plant - electroinstallation or group of the electroinstallations intended for production of electrical energy or the combined production of electrical and heat energy;

32) electroinstallation - complex of the interconnected equipments and constructions intended for production or transformation, transfer, distribution, consumption of electrical energy or storage of energy;

33) energy efficiency and demand management - the comprehensive or integrated approach directed to rendering influence on amount and the consumption map of electrical energy for the purpose of reducing consumption of primary energy and the maximum (peak) loads at the same time preference is given to investment attraction, directed to increase in energy efficiency and means of regulation of loading, but not to investments into increase in the generating capacities if the first of the specified actions is more effective and economic option, considering positive influence on the surrounding environment as a result of reducing energy consumption and the aspects connected with safety of deliveries and the related costs for distribution;

34) the prohibited area of hydraulic engineering constructions - the territory adjacent to the main barrier from the inside of the territory of hydroelectrotechnical construction equipped with technical means and designated by precautionary signs and also the site of water object, byef at distance of 500 meters from dike of hydroelectric power station designated by signs which warn about prohibition of access to the territory of strangers, courts and floating objects;

35) the protected consumers are consumers to whom the specific mode of shutdown and/or restriction of electric utility service is applied to prevention of emergence of emergency situations of technogenic nature;

36) demand management measures - complex of the organizational, technical and other actions directed to increase in efficiency of functioning of power supply system at the expense of managed temporary (limited in time) changes of consumption of electrical energy on a contract basis;

36-1) reduction of the physical right to transfer - reduction of physical amount of the acquired right to transfer in case of overload of such interstate section, action of force majeure circumstances or because of impossibility of ensuring compliance with standards of operational safety;

36-2) insider information in the market of electrical energy - the unpublished information of exact nature directly or indirectly concerning one or several wholesale energy products in the market of electrical energy disclosure or promulgation of which can affect considerably market price according to one or several wholesale energy products;

37) calculations in the market of electrical energy - process of accomplishment of mutual financial requirements and obligations of participants of the market for purchase and sale agreements of electrical energy and the services rendered in the market of electrical energy including by netting and at the expense of the corresponding financial guarantees;

38) commercial accounting of electrical energy - set of processes and the procedures for ensuring forming of the data on amounts developed, released, transferred, distributed, consumed, imported and the exported electrical energy in certain period for the purpose of use such dismissed for implementation between participants of the market;

39) the controlled area of hydraulic engineering constructions - the territory of concrete and land dikes of the hydroelectrotechnical constructions and parcels of land located between water storage basins and drainage channels designated by precautionary signs;

40) users of system of transfer/distribution (further - users of system) - physical persons, including physical persons entrepreneurs, or legal entities who release or accept electrical energy in/from system of transfer/distribution or use systems of transfer/distribution for transfer/distribution of electrical energy;

40-1) critical energy infrastructure - the objects of energy infrastructure necessary for ensuring the functions, vital for society, safety and welfare of the population, removal from system or destruction of which will have significant effect on the homeland security and defense surrounding the environment and can lead to substantial financial damages and the human victims, carried to critical infrastructure according to the procedure, determined by the legislation;

41) linear part of accession - power network for needs of the customer in case of non-standard accession from the next point in the existing (operating) power networks (air-line, transformer substation or distribution point) of the operator of system of distribution of tension of point of accession of electroinstallations of the customer corresponding to step;

41-1) small systems of distribution - the system of lines, the service equipment, equipment for transformation and switchings from point of accession to networks of the operator of system of distribution or the operator of system of transfer to points of accession of electroinstallations of the users located in the limited territory of objects and/or parcels of land which are property of the operator of small system of distribution and are used for distribution of electrical energy to the users meeting the requirements determined by this Law;

42) the small not residential customer - the consumer who is not residential customer and buys electrical energy for own consumption which electroinstallations are attached to power networks with contractual capacity to 50 kW;

43) interstate power line - power line which crosses border between Ukraine and other state and connects the integrated power system of Ukraine to system of transfer of the adjacent state;

44) interstate crossing - set of interstate power lines and electrical units which are used for connection of the integrated power system of Ukraine with system of transfer of the adjacent state;

45) emergency situation in the integrated power system of Ukraine situation in case of which there is threat of violation of operating mode of the integrated power system of Ukraine or its separate parts, in particular, owing to deficit of electrical energy and/or capacity of decrease in frequency is lower than maximum permissible borders, violation of the mode of admissible overflows and overload of network elements, undervoltage in control points of power supply system to emergency level;

46) not balance of electrical energy - the difference calculated according to rules of the market for each settlement period between the actual amounts of leave or consumption, import, export of electrical energy of the party responsible for balance, and the amounts of the purchased and sold electrical energy registered according to rules of the market;

47) not residential customer - the physical person entrepreneur or the legal entity acquiring electrical energy which is not used by him for own household consumption;

48) implicit auction - the mechanism of interstate purchase and sale of electrical energy which assumes simultaneous separation of the physical right to transfer and purchase and sale of electrical energy and determination of the corresponding cumulative price;

49) new interstate power line - interstate power line which construction is not complete on the date of entry into force of this Law;

50) the normative and technical document - regulations, rules and instructions accepted and registered according to the procedure, established by the legislation, on ensuring proper technical condition and operation of electrical units and networks;

51) the integrated power system of Ukraine (further - OES of Ukraine) - set of power plants, power networks, other power generation facilities combined by general regime of production, transfer and distribution of electrical energy under centralized management of this mode;

52) power generation facility - power plant (except nuclear part of nuclear power plant), electric substation, power network;

53) overload - situation in case of which interstate section because of insufficiency of its handling capacity and/or system of transmission of electricity cannot accept all physical flows of electrical energy;

53-1) operator of small system of distribution - the subject of managing who is responsible for safe, reliable and effective operation, maintenance of small system of distribution and providing capability of small system of distribution on satisfaction of reasonable demand for distribution of electrical energy to its users taking into account requirements for protection of the surrounding environment and providing energy efficiency;

54) the operator of the market - the legal entity who provides functioning of the market "for the days ahead" and the intra daily market and the organization of purchase and sale of electrical energy in these markets and also has the right to organize and hold electronic auctions on purchase and sale of electrical energy according to bilateral agreements based on the corresponding licenses granted by the National commission on securities and the stock market;

55) the operator of system of transfer - the legal entity responsible for operation, scheduling, ensuring maintenance, development of system of transfer and interstate power lines, and also for providing long-term capability of system of transfer concerning satisfaction of reasonable demand for transfer of electrical energy;

56) the operator of system of distribution - the legal entity responsible for safe, reliable and effective operation, maintenance and development of system of distribution and providing long-term capability of system of distribution concerning satisfaction of reasonable demand for distribution of electrical energy taking into account requirements for protection of the surrounding environment and providing energy efficiency;

57) operational safety - capability of power plants, systems of transfer and system of distribution to function in the normal mode or quicker to return to normal operating mode which is characterized by maximum-permissible indicators of temperature, levels of tension, currents of short circuit, frequency and firmness;

57-1) organizer of electronic auction - subject of managing which provides the organization and holding auctions for sale of electrical energy;

58) organized segment of the market of electrical energy - the market "for the days ahead", the intra daily market and the balancing market;

Especially important power generation facilities - the objects providing steady functioning of OES of Ukraine, destruction or damage of which will lead 59) to violation of electric utility service of business entities and residential customers, the possible human victims and considerable loss of property;

60) transfer of electrical energy (further - transfer) - transportation of electrical energy by power networks of the operator of system of transfer from power plants to Items of connection of systems of distribution and electroinstallations of consumption (not including deliveries of electrical energy), and also interstate lines;

61) advance planning - need of implementation of planning of future investments into the generating capacity, capacity of system of transfer and/or capacity of system of distribution to long-term outlook (for five years and more) for satisfaction of need of system for the electric power, and also ensuring delivery of electrical energy to consumers;

61-1) planned unavailabilities of installations - planned conclusion of objects of electrical power infrastructure and installations from work owing to the planned repair, maintenance and for other reasons;

62) the residential customer - the individual residential customer (physical person which uses electrical energy for providing own domestic needs which are not including professional and/or economic activity) or the collective residential customer (the legal entity created by consolidation of physical persons - residential customers which is calculated for electrical energy according to indications of general settlement means of accounting in volume of the electrical energy consumed for providing own domestic needs of such physical persons which are not including professional and/or economic activity);

62-1) unplanned unavailability of installations - conclusion of objects of electrical power infrastructure and installations in emergency repair, and also owing to other contingencies;

63) service in ensuring development of the generating capacity - the actions for construction of the new generating capacity, carrying out reconstruction (upgrade) the operating generating capacity performed by the participants of the market determined by results of the competition held according to this Law;

64) the supplier of support services - the participant of the market which conforms to the market requirements established by rules on provision of support services and is registered according to rules of the market for provision of such services;

65) the service provider of commercial accounting - subject of managing which provides services of commercial accounting in the market of electrical energy according to requirements of this Law;

66) the supplier of "the last hope" - the electrosupplier determined according to this Law who under the circumstances established by this Law has no right to refuse to the consumer the conclusion of the electric power supply agreement for limited period of time;

67) the supplier of universal service - the electrosupplier determined according to this Law who fulfills obligations on provision of universal service;

68) delivery of electrical energy - sale, including resale of electrical energy;

69) the current account with the special mode of use - the account opened in authorized bank and intended for ensuring carrying out calculations according to this Law;

70) electroinstallation accession (further - accession) - provision to the customer the operator of system of transfer or the operator of system of distribution of service in creation of technical capability for transfer (acceptance) to the place of accession of electroinstallation of the customer of the corresponding capacity to power networks of system of transfer or distribution (including again constructed) electrical energy of necessary amount with observance of indicators of its quality and reliability;

70-1) offered handling capacity of interstate crossing (further - the offered handling capacity) - handling capacity of the corresponding direction of interstate crossing which the auction office shall offer for distribution at the corresponding auction according to rules for apportionment of handling capacity of interstate crossings;

71) straight line - the power line connecting the generating object of the producer to electroinstallations of the consumer is also used only by them;

72) Regulator - The national commission performing state regulation in spheres of power and utilities;

73) the market of support services - system of the relations arising in connection with acquisition of system of transfer of support services by the operator at suppliers of support services;

74) the market of electrical energy - system of the relations arising between participants of the market during implementation of purchase and sale of electrical energy and/or support services, transfer and distribution, delivery of electrical energy to consumers;

75) the market of electrical energy "for the days ahead" (further - the market "for the days ahead") - segment of the market of electrical energy on which purchase and sale of electrical energy for the days following behind day of tendering is performed;

76) development of OES of Ukraine - new construction, reconstruction or technical retrofitting of power generation facilities;

77) the retail market of electrical energy (further - the retail market) - system of the relations arising between the consumer of electrical energy and the electrosupplier in the course of delivery of electrical energy and also other participants of the market who render the services connected with delivery of electrical energy;

78) distribution of electrical energy (further - distribution) transportation of electrical energy from electroinstallations of electric power producers or electroinstallations of the operator of system of transfer by networks of the operator of system of distribution, except delivery of electrical energy;

79) the distributed generation - power plant of installed capacity of 20 MW and less, attached to system of distribution of electrical energy;

80) certification of the operator of system of transfer - confirmation by the solution of the Regulator of accomplishment by the subject of managing of the requirements about isolation and independence of the operator of system of transfer provided by this Law;

81) system of transfer of electrical energy (further - system of transfer) - system of lines, the service equipment, equipment for transformation and switchings which is used for transfer of electrical energy;

82) system of distribution of electrical energy (further - system of distribution) - the system of lines, the service equipment, equipment for transformation and switchings used for electricity distribution;

83) system restrictions - the circumstances caused by need of ensuring functioning of OES of Ukraine within maximum permissible values in case of which the variation from optimum load distribution of the generating capacities according to their contractual amounts of leave of electrical energy and/or optimum load distribution of the generating capacities according to offers (requests) in the balancing market and/or outside the balancing market in the form of acquisition by the operator of system of transfer of service in reduction of loading by the producer performing sale of electrical energy on "green" rate is possible;

84) the consumer - physical person, including physical person entrepreneur, or the legal entity who acquires electrical energy for own consumption;

85) rate of payment for linear part of accession - the cost of creation of unit of length of power network from the next point in the existing (operating) power networks (air-line, transformer substation or distribution point) of the operator of system of distribution of the corresponding degree of tension from which it is necessary to perform construction of power networks to point of accession of electroinstallations of the customer;

86) rate of payment for non-standard accession of capacity - the value of cost element of service in joining of 1 kW of capacity established by the Regulator for each operator of system of distribution which is differentiated on the following indicators:

type of electroinstallation which joins (the electroinstallation intended for production of electrical energy, the electroinstallation intended for consumption of electrical energy);

category of reliability of electric utility service;

tension degree in accession point (110/35/10(6)/0,4 of kV);

the ordered capacity;

location of electroinstallation of the applicant (city or rural zone);

load of transformer substation;

87) rate of payment for standard accession - the value of cost of service in joining of 1 kW of capacity established by the Regulator for certain term for each operator of system of distribution;

88) standard accession - accession of electroinstallation of the customer to the operating networks of the operator of system of distribution to the distance which is not exceeding 300 meters in a straight line from the place of ensuring capacity to the place of accession which is differentiated on capacity degree:

the first degree - to 16 kW inclusive;

the second degree - from 16 kW to 50 kW inclusive;

89) the party responsible for balance, - the participant of the market which shall report and perform the hourly schedules of electrical energy (and/or the balancing group) according to amounts of the purchased and/or sold electrical energy and is financially responsible before the operator of system of transfer for the not balances (and/or not balances of the balancing group);

90) the biddings by electrical energy in the intra daily market (further - the biddings in the intra daily market) - process of determination of amounts and the price of electrical energy after completion of the biddings in the market "for the days ahead" and within a day physical delivery of electrical energy according to rules of the intra daily market;

91) the biddings by electrical energy in the market "for the days ahead" (further - the biddings "for the days ahead") - process of determination of amounts and the price of electrical energy for settlement periods of the tendering of days following behind day according to rules of the market "for the days ahead";

92) the trader - the subject of managing who performs purchase of electrical energy only for the purpose of its resale, except sale according to the electric power supply agreement to the consumer;

93) universal service - delivery of electrical energy to residential and small not residential customers which guarantees their right to be provided with electrical energy of certain quality on the conditions determined according to this Law in all territory of Ukraine;

94) authorized bank of the market of electrical energy (authorized bank) - any bank in which authorized capital at least 75 percent of shares (shares) belong to the state which conforms to the requirements determined by the Cabinet of Ministers of Ukraine and is carried by the Cabinet of Ministers of Ukraine to the list of authorized banks and has the right to perform servicing of current accounts with the special mode of use of participants of the market;

95) the service provider on balancing - the participant of the market which conforms to requirements of rules of the market concerning participation in balancing of production volumes (leave), import and consumption, export of electrical energy which is performed in the balancing market and is registered for participation in balancing;

95-1) No. 3220-IX is excluded according to the Law of Ukraine of 30.06.2023

95-2) installation of storage of energy - electroinstallation where there is energy storage;

96) the participant of the market of electrical energy (further - the participant of the market) - the producer, the electrosupplier, the trader, the operator of system of transfer, the operator of system of distribution, the operator of small system of distribution, the operator of the market, the guaranteed buyer, the operator of installation of storage of energy and the consumer performing the activities in the market of electrical energy according to the procedure provided by this Law;

96-1) third state - the state which is not the member (party) of the European Union or Energy Community;

96-2) registered participant - the subject of managing, including the nonresident who conforms to the requirements determined by the rule for apportionment of handling capacity of interstate sections also signed the contribution agreement in distribution of handling capacity with auction office;

96-3) sensitive information on protection of critical infrastructure (further - sensitive information) - information which unauthorized disclosure can lead to damage or destruction of objects of critical infrastructure;

97) explicit auction - the mechanism of distribution of handling capacity on which the physical right to transfer is acquired and is determined the price for such right, except purchase and sale of electrical energy;

98) the operator of installation of storage of energy - physical person, including physical person entrepreneur, or the legal entity (except pumped storage power plants) who performs activities for storage of energy with sales objective of the electrical energy released from energy storage installation and/or for the purpose of rendering support services of provision of services in balancing by means of energy storage installation;

99) energy storage - the activities connected with selection of electrical energy for the purpose of adjournment of its end use for later moment than when it was made, its transformations to other type of energy in which it can be stored storage and further transformation of such energy into electrical energy for the purpose of its leave in system of transfer, system of distribution, network of power plant or network of the consumer;

100) completely integrated elements of network - elements of network which are integrated into system of transfer system of distribution including installation of storage of energy and which are used only for the purpose of ensuring safe and reliable functioning of the corresponding system of transfer or system of distribution, but are not used for balancing or management of overloads;

101) the aggregator - the independent aggregator or other member of electricity market performing activities for aggregation;

102) the aggregation activities in the market of electrical energy performed by the subject of managing, connected with consolidation of the electroinstallations intended for production and/or consumption, and/or storage of electrical energy for the purpose of purchase and sale of electrical energy, provision of support services and/or services in balancing in the market of electrical energy;

103) aggregative group – participants of the market of electrical energy whose electroinstallations are included into one unit of aggregation and are aggregated by the aggregator;

104) aggregation unit – set of the electroinstallations intended for aggregation;

105) the independent aggregator - the participant of the market performing activities for aggregation and neafilirovanny with the electrosupplier and/or the supplier of universal services of the consumer whose electroinstallations are aggregated by such participant of the market

2. The terms "wholesale energy market", "wholesale energy products", "person who is professionally organizing transactions with wholesale energy products", "participant of wholesale energy market" are used in this law in the values given in the Law of Ukraine "About the National commission performing state regulation in spheres of power and utilities".

Other terms are used in this law in the values given in the Economic code of Ukraine, the Civil code of Ukraine, the laws of Ukraine "About alternative energy sources", "About the combined production of heat and electrical energy (cogeneration) and use of waste power potential", "About protection of the economic competition" and other laws of Ukraine".

The term "connected persons" is used in this Law in the value given in the Tax code of Ukraine.

The term "objects of critical infrastructure" for the purposes of this Law is understood as the objects included in the register of objects of critical infrastructure according to the Law of Ukraine "About critical infrastructure".

Article 2. Legal basis of functioning of the market of electrical energy

1. The legal basis of functioning of the market of electrical energy is constituted by the Constitution of Ukraine, this Law, the laws of Ukraine "About alternative energy sources", "About the combined production of heat and electrical energy (cogeneration) and use of waste power potential", "About the National commission performing state regulation in spheres of power and utilities", "About natural monopolies", "About protection of the economic competition", "About protection of the surrounding environment", "About energy efficiency", the international agreements of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, and other acts of the legislation of Ukraine.

To accomplishment of obligations of Ukraine under the Constitutive treaty of Energy Community and the agreement on association between Ukraine, on the one hand, and the European Union, European Atomic Energy Community and their state members, on the other hand, this Law is directed to implementation of acts of the legislation of Energy Community in the field of power, namely the Directive 2009/72/EU on general rules of the domestic market of electrical energy and on cancellation of the Directive 2003/54/EU, Regulations (EU) 714/2009 about conditions of access to network for cross-border exchange of the electric power and cancellation of Regulations (EU) 1228/2003, of the Directive 2005/89/EU on measures for safety of investment into utility power systems and infrastructures. Regulations of the European parliament and Council (EU) No. 1227/2011 of October 25, 2011 about respectability and transparency on wholesale energy market and decisions of Council of Ministers of Energy Community.

2. The main conditions of activities of participants of the market of electrical energy and relations between them are determined by the regulatory legal acts regulating implementation of this Law, in particular:

1) rules of the market which, including, determine rules of functioning of the balancing market and the market of support services;

2) rules of the market "for the days ahead" and intra daily market;

3) code of system of transfer, code of systems of distribution;

4) code of commercial accounting;

5) rules of the retail market;

6) other regulatory legal acts.

Rules of the market, the code of system of transfer and the code of commercial accounting are developed and administered by the operator of system of transfer and affirm the Regulator.

Rules of the market "for the days ahead" and the intra daily market are developed and administered by the operator of the market and affirm the Regulator.

The code of systems of distribution and the rule of the retail market affirm the Regulator.

Drafts of rules of the market, rules of the market "for the days ahead" and intra daily market, codes of system of transfer and systems of distribution, the code of commercial accounting, rules of the retail market, other regulatory legal acts which can influence the competition are subject to approval of the Antimonopoly Committee of Ukraine.

The Antimonopoly Committee of Ukraine provides to the Regulator information on results of consideration of drafts of the specified regulatory legal acts within 10 days, and in case of repeated approval - within five days from the date of their receipt in the Antimonopoly Committee of Ukraine.

If according to this Law it is provided government assistance to subjects of managing at the expense of resources of the state or local resources in any form, suppliers of government assistance shall receive the decision of the Antimonopoly Committee of Ukraine according to the procedure, established by the Law of Ukraine "About government assistance to subjects of managing".

3. Rules of the market determine, in particular, order of registration of participants of the market, procedure and requirements to ensuring accomplishment of agreement obligations about settlement of not balances of electrical energy, the rule of balancing, the rule of aggregation, the rule of functioning of the market of support services, procedure for carrying out calculations in the balancing market and the market of support services, procedure for provision of services by reduction of loading by the producer to which the "green" rate is established if the power generation facility or queue its constructions (start-up complex) of such producer is included in the balancing group of the guaranteed buyer, procedure for drawing of accounts, procedure for modification of rules of the market, regulations on functioning of the market in case of emergency situation in OES of Ukraine.

4. Rules of the market "for the days ahead" and the intra daily market determine, in particular, order of registration of participants of the market "for the days ahead" and intra daily market, procedure and requirements to ensuring obligation fulfillment by purchase and sale agreements of electrical energy in these markets, procedure for the organization and tendering, procedure for determination of the price of electrical energy, including in case of non-competitive behavior, procedure for carrying out calculations in these markets, procedure for cost determination of services of the operator of the market and procedure for its payment, procedure for disclosure of information and promulgation of information, procedure for dispute settlement between the operator of the market and participants of the market "for the days ahead" and intra daily market, procedure for modification of rules of the market "for the days ahead" and the intra daily market.

5. Rules of the retail market provide, in particular, general terms of delivery of electrical energy to consumers, system of contractual relations between participants of the retail market, right and obligation of participants of the market, the procedure of replacement with the consumer of the supplier of electrical energy, condition and procedure for the termination and renewal of delivery of electrical energy to the consumer, the procedure of consideration of claims of consumers, features of delivery of electrical energy by the supplier of universal service, the supplier of "the last hope".

6. The code of system of transfer and the code of systems of distribution determine, in particular, procedure for development planning of system of transfer and systems of distribution; conditions and procedure for access to system of transfer/distribution, condition and procedure for accession to system of transfer/distribution, characteristic and procedure for provision of support services to the operator of system of transfer, procedure for operational planning; procedure for management and operation of system in normal and emergency operation; the standards of operational safety, criteria applied by the operator of system of transfer to scheduling of the generating capacities and use of interstate sections, procedure for scheduling of the distributed generation and the conditions of provision of priority to power generation facilities using alternative energy sources.

The code of system of transfer shall conform to requirements of regulatory legal acts of Energy Community.

7. The code of commercial accounting determines, in particular, basic provisions by the organization of commercial accounting of electrical energy in the market of electrical energy, right and obligation of participants of the market, service providers of commercial accounting and the administrator of commercial accounting on ensuring commercial accounting of electrical energy, receipt of exact and reliable data of commercial accounting and their aggregation (consolidation), procedure for carrying out registration of service providers of commercial accounting, points of commercial accounting and registration of the automated systems which are used for commercial accounting of electrical energy.

8. Requirements concerning provision, protection, disclosure and promulgation of information in the market of electrical energy are determined by this Law, rules of the market, rules of the market "for the days ahead" and intra daily market, rules of the retail market, the code of system of transfer, the code of systems of distribution, the code of commercial accounting and other regulatory legal acts regulating implementation of this Law.

9. Processing of personal data for implementation of the functions and powers provided by this Law is allowed to participants of the market. Personal data protection is performed by participants of the market according to the Law of Ukraine "About personal data protection".

10. Participants of the market have the right to submit proposals concerning modification of rules of the market, the rule of the market "for the days ahead" and the intra daily market, the code of system of transfer, the code of systems of distribution, the code of commercial accounting and other regulatory legal acts regulating functioning of the market of electrical energy, the relevant state bodies and operators performing development, approval and/or administration of the relevant acts.

Drafts of the specified regulatory legal acts and projects of changes in them are published for carrying out consultations with participants of the market at least in one month prior to their acceptance.

11. Subjects of powers of authority, and also courts in case of application of regulations of this Law take into account law-enforcement practice of Energy Community and the European Union, in particular, the judgments of the European Union (European Court, General Court), practice of the European Commission and Secretariat of Energy Community concerning application of provisions of the acts of the European Union law specified in this Article.

12. The decisions (measures) of subjects of powers of authority made in pursuance of regulations of this Law shall be accepted on the basis, within powers and method which are provided by the Constitution and the laws of Ukraine, taking into account the right of person to participation in decision making process, to answer the purpose with which powers are conferred, to be reasonable, to correspond to the principles of impartiality, conscientiousness, prudence, proportionality, transparency, nondiscrimination and timeliness.

According to pro-rata rule of the decision (measure) of subjects of powers of authority shall be necessary and minimum sufficient for goal achievement - satisfactions of public interest.

According to the principle of transparency of the decision (measure) of subjects of powers of authority shall be properly proved and reported to subjects which they concern, till their introduction in force, or enforcement.

According to the principle of nondiscrimination of the decision, action, the divergence of subjects of powers of authority cannot be given:

to legal or actual amount of the rights and obligations of person which is other than amount of the rights and obligations of other persons in similar situations if only such difference is not necessary and minimum sufficient for satisfaction of public interest;

to legal or actual amount of the rights and obligations of person which is same, as well as amount of the rights and obligations of other persons in different situations if such similarity is not necessary and minimum sufficient for satisfaction of public interest.

Action of pro-rata rules, transparency and nondiscrimination extends also to participants of the market of electrical energy in the cases provided by this Law.

Article 3. Principles of functioning of the market of electrical energy

1. The market of electrical energy functions on the competitive beginnings, except activities of subjects of natural monopolies, with the restrictions established by this Law.

2. Functioning of the market of electrical energy is performed on the principles:

1) ensuring energy security of Ukraine;

2) safety of delivery of electrical energy to consumers, protection of their rights and interests;

3) creations of conditions of safe operation of power generation facilities;

4) preserving integrity and ensuring reliable and effective functioning of OES of Ukraine, single dispatching (operational and technology) management of it;

5) ensuring balance between the demand and supply of electrical energy;

6) developments of interstate communications with power supply systems of the adjacent states;

7) energy efficiency and protection of the surrounding environment;

8) assistance to development of alternative and renewable power engineering;

9) fair competition;

10) equal rights for sale and purchase of electrical energy;

11) free choice of the supplier of electricity by the consumer;

12) non-discriminatory and transparent access to system of transfer and systems of distribution;

13) non-discriminatory participation in the market of electrical energy;

14) independent state regulation;

15) non-discriminatory valuable and tariff setting which reflects economically reasonable costs;

16) responsibility of participants of the market for non-compliance with rules of the market, rules of the market "for the days ahead" and the intra daily market, the code of system of transfer, the code of systems of distribution, the code of commercial accounting, rules of the retail market, other regulatory legal acts regulating functioning of electricity market, and conditions of the agreements signed in this market;

17) cooperation and integration of the market of electrical energy at regional and all-European levels.

3. The compulsory provision of participation in the market of electrical energy (except consumers who buy the electric power according to the electric power supply agreement to the consumer) is the conclusion of the agreement on settlement of not balances with the operator of system of transfer.

Article 4. Contractual ensuring functioning of the market of electrical energy

1. Participants of the market of electrical energy perform the activities in the market of electrical energy on a contract basis. For ensuring functioning of the market of electrical energy the following agreement types consist:

1) bilateral agreement of purchase and sale of electrical energy (bilateral agreement);

2) about participation in the market "for the days ahead" and/or the intra daily market;

3) about purchase and sale of electrical energy in the market "for the days ahead";

4) about purchase and sale of electrical energy in the intra daily market;

5) about participation in the balancing market;

6) about settlement of not balances;

7) about provision of services on distribution;

8) about rendering services in transfer;

9) about provision of support services;

10) about provision of services from dispatching (operational and technology) management;

11) about accession to system of transfer;

12) about accession to system of distribution;

13) participation in distribution of handling capacity;

14) about deliveries of electrical energy to the consumer;

15) about supply of electrical energy with the supplier of universal services;

16) about delivery of electrical energy by the supplier of "the last hope";

17) about provision of services of commercial accounting of electrical energy;

18) about purchase and sale of electrical energy on "green" rate;

18-1) about provision of service in ensuring support of production of electrical energy from alternative sources on the mechanism of market award;

18-2) about provision of service in ensuring price stability on the electrical energy made from alternative energy sources;

19) other agreements provided according to the regulatory legal acts regulating functioning of the market of electrical energy;

20) the contribution agreement in the balancing group of the guaranteed buyer;

21) the sale and purchase agreement of electrical energy on the self-production mechanism.

The Section II State policy, regulation in the field of power industry and safety of deliveries

Article 5. State policy in power industry

1. State policy in power industry is directed on:

1) providing reliable, safe electric power supply;

2) creation of conditions for effective functioning of the liquid market of electrical energy and its development;

3) providing conditions and application of measures for development of energy efficiency in power industry, demand management and power substitution;

4) assistance to production of electricity from alternative energy sources and development of the distributed generation and the equipment for energy storage;

5) protection of the surrounding environment;

6) creation of conditions for investment attraction in power industry, simplification of information access and to ministerial procedures;

7) stimulation of use of innovative technologies;

8) consumer protection;

9) integration of the market of electrical energy at regional and all-European levels.

2. Forming and the realization of state policy in power industry are enabled by the Cabinet of Ministers of Ukraine, the central executive body providing forming and realization of state policy in electrical power complex, the central executive body which implements state policy in the field of supervision (control) in power industry industry, and other public authorities according to the legislation.

3. In the field of power industry treat powers of the Cabinet of Ministers of Ukraine:

1) approval of the Energy strategy of Ukraine;

2) determination of requirements to authorized bank and list of authorized banks market of electrical energy;

3) creation of the operator of the market, the guaranteed buyer;

3-1) approval of the principles of trade policy of the guaranteed buyer;

4) decision making about assignment of special obligations for ensuring all-civil interests and conditions (procedure) of accomplishment of such special obligations;

5) approval of procedure for carrying out tender by determination of suppliers of universal services, suppliers of "the last hope";

6) approval of procedure for provision of release, stipulated in Article 24 presents of the Law;

7) approval of procedure for ensuring delivery of electrical energy to the protected consumers;

8) approval of year balance fuel and energy balance;

9) approval of procedure for carrying out tender on construction of the generating capacity and actions for energy efficiency/demand management;

10) approval of features of regulation of the legal, economic and organizational relations connected with sale of electrical energy on temporarily occupied territory and also the relations connected with production, transfer, distribution, delivery, purchase, sale and use of electrical energy in temporarily occupied territory of Ukraine;

10-1) approval of procedure for holding the auction on distribution of quotas of support, establishment of annual quotas of support;

10-2) approval of procedure for issue, addresses and repayments of guarantees of origin of the electrical energy made from renewable energy resources, and procedure for determination of ecological value of the electrical energy made from renewable energy resources;

11) other powers determined by the laws.

4. In the field of power industry treat powers of the central executive body providing forming and realization of state policy in electrical power complex:

1) forming and realization of state policy in electrical power complex taking into account provisions of the Energy strategy of Ukraine;

2) forming of state policy and supervision (control) in the field of power industry;

3) development of the state target programs;

4) development and approval of safety rules of delivery of electrical energy and implementation of monitoring of safety of deliveries of electrical energy;

5) development and approval of industry technical regulations according to the Law of Ukraine "About technical regulations and assessment of conformity";

6) approval of normative characteristics of technology costs of electrical energy for its transfer and distribution by power networks;

7) approval of investing programs of the operator of system of transfer and operators of systems of distribution;

8) development of procedure for forming of the balance estimation of electrical energy of OES of Ukraine;

9) forming and approval of the balance estimation of electrical energy of OES of Ukraine;

10) implementation within the competence of scientific and technical policy of electrical power complex;

10-1) providing in the powers provided by the law, the organizations and holding auctions for distribution of quotas of support of production of electrical energy from alternative energy sources;

10-2) development of procedure for determination of ecological value of the electrical energy made from renewable energy resources;

10-3) forming and realization state in the field of renewable energy resources";

11) implementation of other powers determined by this Law, other laws of Ukraine and assigned to it by the Cabinet of Ministers of Ukraine.

The central executive body providing forming and realization of state policy in electrical power complex has the right to obtain from participants of the market information necessary for accomplishment of the powers by it according to requirements of this Law.

5. For the purpose of enhancement of policy in the field of power industry all subjects of managing performing production, transfer, distribution, deliveries, export, import of electrical energy, energy storage, aggregation shall provide the information on the activities to body of the state statistics for streamlining of energy statistics and the publication in annual energy balance.

The list of data and procedure for their provision affirm the central executive body providing forming of state policy in the field of the state statistics.

Article 6. State regulation of the market of electrical energy

1. State regulation of the market of electrical energy performs the Regulator within the powers determined by this Law and other acts of the legislation.

2. In the market of electrical energy treats the main objectives of the Regulator:

1) assistance to cooperation with Council of regulatory bodies of Energy Community and national regulators in the field of power of other states - the parties of Energy Community, to formation of the single competitive market of electrical energy within Energy Community taking into account interests of safety of deliveries of electrical energy and permanency of the surrounding environment, to effective opening of electricity market for all buyers of the states - the parties of Energy Community;

2) providing conditions for effective and reliable functioning of power networks, considering long-term goals of development;

3) development of the competition and ensuring proper functioning of the regional (international) markets within Energy Community, in particular the single market of Energy Community, for the purpose of goal achievement, specified in Item 1 of this part;

4) removal of obstacles and restrictions for trade in electrical energy between participants of the markets of the states - Energy Community;

5) assistance to development the safe, reliable and effectively functioning OES of Ukraine oriented to needs of buyers that will allow to provide non-discriminatory access to it for the existing and potential users of system, sufficiency of capacity for needs of the market of electrical energy and its energy efficiency, and also integration of systems of distribution of the distributed generation and the producers performing production of electrical energy with use of alternative energy sources;

6) providing simple and easy conditions of accession and access to power networks for new users of system, in particular elimination of barriers which can interfere with access for new buyers and electric power producers, including, performing production of electrical energy from alternative energy sources, by establishment of procedure for forming of payment for accession to system of transfer and system of distribution according to this Law;

7) providing short-term and long-term incentives for the operator of system of transfer, operators of systems of distribution and users of system for the purpose of increase in efficiency of operation of power supply system and integration of the market of electrical energy;

8) creation of premises for receipt of economic benefits by buyers from effective functioning of the market of electrical energy by assistance of the competition in the market of electrical energy and realization of efficient mechanisms of consumer protection;

9) assistance to achievement of high standards of execution of special obligations for ensuring all-civil interests in the market of electrical energy, protection of vulnerable consumers and establishing process of data exchange, consumers of the right to change of the electrosupplier, necessary for realization;

10) monitoring of technical cooperation between the operator of system of transfer and operators of systems of transfer of the third countries;

11) ensuring functioning of the register of guarantees of origin of the electrical energy made from renewable energy resources and issues of guarantees of origin of the electrical energy made from renewable energy resources;

12) development of procedure for issue, the address and repayment of guarantees of origin of the electrical energy made from renewable energy resources;

13) ensuring integration of the register of guarantees of origin of the electrical energy made from renewable energy resources with registers of the countries of Energy community, the European Union and Organization for Economic Cooperation and Development;

14) assistance to finding of full membership by Ukraine in Association of bodies issuers (The Association of Issuing Bodies)".

3. In the market of electrical energy treat powers of the Regulator:

1) licensing of economic activity in the field of power industry according to requirements of this Law and control of observance by licensees of licensed conditions of implementation of economic activity;

1-1) registration of the participants of the market of electrical energy performing or intended to perform activities on the wholesale energy market, according to the procedure, approved by the Regulator;

2) approval of licensed conditions of implementation of certain types of economic activity in the field of power industry which licensing belongs to powers of the Regulator;

3) decision making about certification of the operator of system of transfer or about refusal in certification;

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