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.
1. In this Law the stated below terms are used in the following value:
1) the Agency of the European Union on cooperation of energy regulators (further - ACER) - the body of the European Union created according to Regulations (EU) 2019/942 of June 5, 2019 about organization of the Agency of the European Union concerning cooperation of energy regulators;
2) the aggregator - the participant of the market performing activities for aggregation;
3) aggregation - the activities in the market of electrical energy connected with consolidation of electric powers (loadings) or the amounts of the electrical energy made (released) or consumed (selected) electroinstallations of production and/or consumption, and/or energy storage for the purpose of purchase and sale of electrical energy (including the balancing electrical energy), provisions of support services and/or services in flexibility in the market of electrical energy;
4) aggregative group - participants of the market of electrical energy whose electroinstallations are included into unit of aggregation and aggregate the aggregator;
5) 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;
6) the administrator of calculations - the legal entity providing the organization of carrying out calculations in the balancing market and the market of support services;
7) the active consumer consumer (or customer group, acting jointly) 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 flexibility or energy efficiency according to requirements of the law provided that these types of activity are not its main professional and/or economic activity;
8) the comparison algorithm within continuous trade algorithm used during single connection of the intra daily markets for continuous comparison of requests on purchase and sale of electrical energy and implementation of distribution of interzonal handling capacity after completion of the biddings in the market "for the days ahead" and within a day physical supply of electrical energy;
9) algorithm of distribution of means procedures of 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;
10) the algorithm of interface of the prices algorithms used during single interface of the markets "for the days ahead" for simultaneous comparison of requests on purchase and sale of electrical energy and implementation of distribution of interzonal handling capacity;
11) the algorithm of interface of the prices when holding intra daily auction algorithm used during single interface of the intra daily markets in the form of intra daily auctions for simultaneous comparison of requests for purchase and sale of electrical energy and implementation of distribution of interzonal handling capacity;
12) auction office - operator of system of transfer or other legal entity determined according to this Law providing distribution of interzonal handling capacity by holding explicit auctions;
13) balance between the demand and supply - satisfaction of the forecasted demand of consumers on electrical energy without the need for taking measures to reduction of amount of consumption;
14) balancing - all actions and processes performed during any period of time by means of which the operator of system of transfer provides permanent maintenance of frequency in power supply system within previously certain range of stability and provides maintenance of necessary amounts of reserves of necessary quality;
15) the balancing 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 entering such consolidation bears the financial responsibility for balance of electrical energy of all other participants of the market entering such consolidation;
16) the balancing group of the guaranteed buyer - the balancing group in which the party responsible for balance of electrical energy, 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;
17) the balancing electrical energy - electrical energy which is used by the operator of system of transfer when balancing;
18) the balancing capacity - amount of reserves for regulation of frequency and active capacity which the service provider on balancing undertook to support and within which has the obligation to submit applications to the operator of system of transfer for the corresponding amount of the balancing electrical energy in accordance with the terms, defined by the agreement;
19) the balancing market of electrical energy (further - the balancing market) - system of the institutional, commercial and operational relations on implementation of balancing on the market beginnings;
20) safety of electric power supply - capability of power supply system to provide needs of consumers for electrical energy with accurately certain level of efficiency according to requirements of this Law;
21) booking of capacity service which is provided by the operator of system of transfer to the customer of booking of capacity, on reservation on such customer for the term of no more than two years of technical solutions according to the scheme of accession (capacity issue) of the generating installations of the customer under the agreement on capacity booking;
22) the cost of the lost loading - the maximum price of electrical energy determined by results of assessment which consumers are ready to pay in order to avoid break in electric utility service;
23) vertically integrated company - the legal entity irrespective of legal form and pattern of ownership, the physical person including which is exercising control over other legal entity or physical person, performing activities for transfer and/or distribution of electrical energy and carrying out at least one of functions on production or delivery of electrical energy or group of such faces tied among themselves directly or indirectly by the relations of control, which are performing activities for transfer and/or distribution of electrical energy and carrying out at least one of functions on production or delivery of electrical energy;
24) the electric power producer (further - the producer) - the subject of managing performing production of electrical energy;
25) 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;
26) responsibility for balance obligation of participants of the market to report and carry out schedules of electrical energy during settlement periods according to amounts of the purchased and sold electrical energy and to bear the financial responsibility for settlement of not balances;
27) free interzonal handling capacity (further - free handling capacity) - available handling capacity between trade zones less the size of the handling capacity distributed at auctions, and handling capacity on which release according to article 24 of this Law is provided. In calculation of free handling capacity the unused size of the handling capacity distributed at the previous auctions is considered;
28) 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 supply of electrical energy;
29) vulnerable consumers are the individual residential customers determined in the procedure established by the Cabinet of Ministers of Ukraine, having the right to the support provided by the law and/or protection against shutdown during certain periods;
30) installed capacity of object of power industry - 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;
31) 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 energy 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 energy 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;
32) security guarantee of the fact that the granted right to transfer will remain available to use and that compensation will be paid according to rules for apportionment of interzonal handling capacity if such right is reduced;
33) flexible accession accession of electroinstallations to system of the transfer or system of distribution including conditions of restriction of the permitted capacity, and also control measure of such restriction. The permitted capacity in case of flexible accession can be partially guaranteed, that is available to use during any period of time;
34) flexibility - capability of power supply system to adapt to change of the modes of consumption and production of electrical energy, and also availability of power network during the corresponding temporary periods;
35) public energy association - the legal entity formed by physical persons and/or small business entities and/or microentrepreneurships irrespective of pattern of ownership, and/or local government bodies which voluntarily united on the basis of membership and open participation for satisfaction public, in particular economic, ecological and social, of interests of the members (participants) and/or local communities, without having the main objective of profit earning, and have the right to perform activities for aggregation, production, including from renewable energy resources, distributions, deliveries of electrical energy, energy storage, to consume electrical energy, to provide to the members (participants) services of electrocharging stations and other services according to the procedure and on the conditions determined by this Law and other regulatory legal acts;
36) 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;
37) the demonstration project - the project showing technology, significantly innovative in Energy Community and/or the European Union and the advancing modern level of technology development;
38) dispatching (operational and technological) management - operational and technological 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;
39) the long-term right to transfer - the physical right to transfer or financial laws to transfer (the option or obligations) acquired within long-term distribution of interzonal handling capacity;
40) the purchase and sale agreement of electrical energy in the intra daily market agreement signed electronically between the operator of the market and the participant of the intra daily 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;
41) 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 contract signed electronically between the operator of the market and the bidder "for the days ahead" for purchase and sale 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";
42) the contribution agreement in distribution of throughput capability agreement which governs the relations in the course of acquisition, use, sale, reduction, payment and the termination of the right to transfer between the registered participant and auction office according to rules for apportionment of interzonal handling capacity;
43) the permitted capacity - the maximum size of capacity permitted to use (selection and/or leave) on each object of the user of system in accordance with the terms of the agreement, acquired based on agreement performance about accession or as a result of acquisition of property right or use to object (objects);
44) the auxiliary services services determined by this law and rules of the market, systems of transfer necessary for the operator or operator of system of distribution for ensuring safe and reliable functioning of system of transfer or system of distribution, in particular services of the balancing capacity and the support services which are not connected with regulation of frequency except management of overloads;
45) the support services which are not connected with regulation of frequency - the services determined by this Law and rules of the market, systems of transfer necessary for the operator or to the operator of system of distribution for regulation of tension and reactive capacity, bystry input of reactive current, ensuring inertance for stability of local network, current of short circuit, ensuring recovery of functioning of the integrated power system of Ukraine after system accidents, possibility of work in the island mode;
46) access of the third parties rights of any user of system to use system of transfer of electrical energy and system of distribution of electrical energy on in advance and publicly announced conditions according to the principles of transparency and nediskriminatsionnost;
47) available interzonal handling capacity (further - available handling capacity) - the size of the maximum capacity of electrical energy which can be transferred between trade zones in the corresponding direction, on condition of secured provision of safety and reliability of functioning of the integrated power system of Ukraine;
48) electrical energy - the energy made on power generation facilities and which is the goods intended for purchase and sale;
49) power network - set of electroinstallations for transfer and/or distribution of electrical energy;
50) power industry - the industry of economy of Ukraine providing consumers with electrical energy;
51) the electrical power company subject of managing, except consumers, the performing one of the following types of activity: production, transfer, distribution, aggregation, demand reaction, delivery of electrical energy, energy storage, trading activities;
52) electronic auction on purchase and sale of electrical energy - auction which is held by means of the software of the organizer of auction;
53) the electrosupplier - the company performing sale of electrical energy according to the electric power supply agreement to the consumer;
54) power plant - electroinstallation or group of the electroinstallations intended for production of electrical energy or the combined production of electrical and heat energy;
55) electroinstallation - complex of the interconnected equipments and constructions intended for production or transformation, transfer, distribution, consumption of electrical energy or storage of energy;
56) energy poverty limitation of access for individual residential customers to the main energy services which provide basic level and worthy standards of life and health, including sufficient heating, hot water, chilling, lighting and electrical energy for electroinstallations, caused by combination of factors, in particular because of impossibility of access, low income level, high costs for energy resources and low level of energy efficiency;
57) the European network of operators of system of transfer of electrical energy (further - ENTSO-E) - the international non-commercial association for cooperation of the European operators of systems of transfer;
58) the European platforms of balancing - the automated systems including hardware and the software intended for maintenance of transactions with the balancing electrical energy and/or process of netting of not balance and carrying out the corresponding calculations within the total all-European integrated market of electrical energy;
59) the single message of the intra daily markets processes within which perform comparison of collected requests and distribution of interzonal handling capacity at the same time for different trade zones of member states of the European Union and/or the states parties of Energy community in the intra daily market;
60) the single message of the markets - the single message of the markets "in the days ahead" and single combination of the intra daily markets in member states of the European Union and/or the states - the parties of Energy Community;
61) the single message of the markets "for the days ahead" - auction process within which perform comparison of collected requests and distribution of interzonal handling capacity at the same time for different trade zones of member states of the European Union and/or the states - the parties of Energy community in the market "for the days ahead";
62) the connected system system of transfer and system of distribution of member states of the European Union and/or the states - the parties of Energy community which are connected among themselves by one or several interstate power lines;
63) the prohibited zone of hydrotechnical constructions territories adjacent to the main barrier from the inside of the territory of hydroelectrotechnical construction equipped with technical means and designated by the warning signs, and also the site of water object, byef at distance of 500 meters from dike of hydroelectric power station designated by the signs warning about prohibition of access to this territory of strangers, courts and floating objects;
64) the all-European rules, procedures, conditions, techniques (methodology) (further - the all-European rules) - rules, procedures, conditions, techniques (methodology) approved by ACER or regulatory bodies according to the European Union law whom participants of the market shall observe according to the international obligations of Ukraine;
65) the customer of booking of capacity subject of managing intending to attach electroinstallations for production of electrical energy from wind energy installed capacity of 20 MW and more on the capacity booking mechanism;
66) safety margin - reduction of interzonal handling capacity for covering of uncertainty when calculating handling capacity;
67) the registered participating subject of managing, including the nonresident who conforms to the requirements determined by rules for apportionment of interzonal handling capacity and signed the contribution agreement in distribution of handling capacity with auction office;
68) 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;
69) measures of management of demand 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;
70) the request - the intention revealed by the participant of the market and/or the registered participant to acquire or sell electrical energy and/or capacity, and/or the right to transfer according to certain conditions of accomplishment;
71) energy activities storage, connected with selection of electrical energy for the purpose of adjournment of its end use for a moment later than when it was made, with transformation of electrical energy to other type of energy in which it can be stored, with storage and the subsequent transformation of such energy to electrical energy for the purpose of its leave in system of transfer, system of distribution, network of power plant or network of the consumer;
72) reduction of the right to transfer - reduction of amount of the acquired right to transfer in case of action of force majeure circumstances, emergency situation or because of impossibility of ensuring compliance with standards of operational safety;
73) counter trade - the interzonal exchange initiated by operators of systems of transfer of member states of the European Union and/or the states parties of Energy community between two trade zones for reduction of physical overwork;
74) the insider information on wholesale energy market (further - the insider information) - information which at the same time answers all following criteria:
is exact;
it was not promulgated;
directly or indirectly concerns one or several wholesale energy products on wholesale energy market;
in case of disclosure or promulgation can significantly affect market price according to one or several wholesale energy products;
75) commercial accounting of electrical energy - set of processes and procedures for ensuring forming of data concerning amounts of the made, released, transferred, distributed, consumed, imported and exported electrical energy during certain period of time for the purpose of use such dismissed for implementation between participants of the market;
76) competent body - the central executive body providing forming also realizes state policy in electrical power complex, regarding accomplishment of the tasks connected with prevention and overcoming crises in power industry according to this Law by it;
77) the controlled area of hydrotechnical 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;
78) the Coordination panel on safety of deliveries - the group created according to the decision of Council of Ministers of Energy community for coordination of measures for safety of deliveries of electrical energy and natural gas within Energy community and rendering the advisory help with supply safety issues to bodies of Energy Community;
79) the user of microrete - physical person, including the physical person - the entrepreneur, or the legal entity who releases (delivers) electrical energy or receives electrical energy through microrete;
80) the user of system of transfer/system of distribution (further - the user of system) - physical person, including physical person entrepreneur, or the legal entity who releases or selects electrical energy in/from system of transfer/system of distribution or uses system transfer/system of distribution for transfer/distribution of electrical energy;
81) crisis in power industry - the current or inevitable situation which is characterized by major deficit of electric power and/or electrical energy and determined by the plan of readiness for risks or situation in the conditions of which delivery of electrical energy to consumers in sufficient amount is impossible;
82) the crisis coordinator - the authorized person or group of authorized persons, or body, it is entrusted to them to be effective as contact Item and to coordinate exchange of information during crisis in power industry;
83) critical energy infrastructure 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;
84) critical element of network element of network within trade zone or between trade zones, the amount of electric power and/or electrical energy considered in settlement process of handling capacity and limiting which can be transferred by network;
85) purchase and sale of electrical energy according to the procedure negative the prices-purchases-sales of electrical energy on condition of provision by the buyer of electrical energy to the seller of electrical energy of service in stimulation of consumption of electrical energy in the conditions of insufficient demand and excess of the offer of electrical energy and along with purchase by the buyer at the seller of the corresponding amount of electrical energy at the smallest price determined by the parties;
86) 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 the corresponding degree of tension to point of accession of electroinstallations of the customer;
87) small system 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;
88) the small not household consumer 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;
89) the mechanism of ensuring capacity - temporary measure for ensuring achievement of necessary level of sufficiency of resources within which payment for resource availability, except the actions connected with provision of support services or management of overloads is performed;
90) the interstate line of electricity transmission - the power line crossing frontier of Ukraine and connecting the Integrated power system of Ukraine to power system of the state party of Energy community or the member state of the European Union;
91) 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;
92) interzonal handling capacity - capability of the connected system to provide transfer of electrical energy between trade zones;
93) microrete group of the interconnected loadings and the distributed generation with the certain power networks forming local electric utility system at the level of system of distribution of electrical energy which is effective as the single managed object and is capable to work with the integrated power system of Ukraine (the parallel mode of microrete) or in the island mode of microrete;
94) 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, decrease in frequency is lower than maximum permissible limits, violation of the mode of admissible overflows and overload of network elements, undervoltage in control points of power supply system to emergency level;
95) national rules, procedures, conditions, techniques (methodology) (further - national rules) - rules, procedures, conditions, techniques (methodology) developed according to this Law and the international obligations of Ukraine and accepted by method and according to the procedure, determined by the laws of Ukraine;
96) not balance of electrical energy - the difference 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 is calculated according to rules of the market for each settlement period;
97) the independent aggregator - the participant of the market performing activities for aggregation, not being not affiliated with the electrosupplier and/or the supplier of universal services of the consumer;
98) not residential customer - the physical person - the entrepreneur or the legal entity buying electrical energy, who is not used by it for own household consumption;
99) non-market measure - any measure influencing the supply and demand in the market of electrical energy, performed without observance of requirements of the regulatory legal acts regulating functioning of the market of electrical energy or the signed agreements which purpose is mitigation of crisis in power industry;
100) unauthorized selection of electrical energy - selection of electrical energy in the absence of the signed and current agreement about delivery of electrical energy according to which delivery of electrical energy to the consumer in settlement period is in accordance with the established procedure performed or in the presence of the warning of the termination of delivery of electrical energy provided to the consumer after the date specified in such prevention (provided that such measures are not stopped by a court decision), or in case of unauthorized connection to power networks of the operator of system of transfer or the operator of system of distribution out of settlement means of commercial accounting of the consumer;
101) the implicit auction mechanism of purchase and sale of electrical energy between trade zones providing simultaneous distribution of the physical right to transfer and purchase and sale of electrical energy and determination of the corresponding cumulative price;
102) new interstate power line - interstate power line which construction is not complete on the date of entry into force of this Law;
103) the nominated operator of the market of electrical energy (further - the nominated operator of the market) - the legal entity designated by the Regulator, or the legal entity - the nonresident, passported by the Regulator which provides accomplishment of the tasks connected with the single message of the markets "for the days ahead" and/or the single message of the intra daily markets;
104) 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;
105) the integrated power system of Ukraine (dalee-OES Ukraine) - set of power plants, power networks, other power generation facilities combined by general regime of production, transfer and distribution of electrical energy;
106) power generation facility - power plant (except nuclear part of nuclear power plant), electric substation, power network, installation of storage of electrical energy;
107) aggregation unit - set of the electroinstallations intended for aggregation;
108) simultaneous crisis in power industry - the crisis in power industry which is at the same time influencing more than one state - the party of Energy Community and/or the state - the member of the European Union;
109) the operator of small system of distribution 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;
110) the operator of the market - the legal entity providing 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 which are granted by the National commission on securities and the stock market;
111) 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 on satisfaction of reasonable demand for transfer of electrical energy;
112) 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 for satisfaction of reasonable demand for distribution of electrical energy taking into account requirements for protection of the surrounding environment and providing energy efficiency;
113) the operator of installation of storage of energy - physical person, including the physical person - the entrepreneur, or the legal entity performing activities for storage of energy for the purpose of purchase and sale of electrical energy (including the balancing electrical energy) and/or for the purpose of provision of support services;
114) operational safety capability of system of transfer to function in the normal mode or to return as soon as possible to the normal operating mode which is characterized by limits of operational safety according to the Code of system of transfer;
115) promulgation of the insider information - provision by the participant of wholesale energy market of access to the insider information to any number of persons by method of placement it on platform of the insider information, and in the cases determined by the legislation - on the website and/or platform of transparency;
116) the organizer of electronic auction - the company providing the organization and holding auctions for sale of electrical energy;
117) organized segment of the market of electrical energy - the market "for the days ahead", the intra daily market and the balancing market;
Especially important objects of power industry objects providing steady functioning of OES of Ukraine, destruction or damage of which will lead 118) to violation of electric utility service of subjects of managing and residential customers, the possible human victims and considerable loss of property;
119) the island mode of microrete - operating mode in case of which the microrete works separately as a result of detachment or not connection to OES of Ukraine;
120) certification provision by the Regulator to the legal nonresident person appointed by the nominated operator of the market in other state party of Energy community and/or the member state of the European Union, the rights to implementation of activities in Ukraine as the nominated operator of the market;
121) overload situation in case of which all requests of participants of the market concerning trade between power supply systems and/or parts of power supply system cannot be satisfied as they can significantly affect physical overflows of electrical energy in elements of network which acceptance cannot be provided with such elements of network;
122) 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 delivery of electrical energy), and also interstate lines;
123) the rescheduling measure accepting one or several operators of system of transfer and/or operators of system of distribution of member states of the European Union and/or the states parties of Energy community by activation (initiation) of change of schedules of leave and/or selection of electrical energy for the purpose of change of physical overflows in system and reduction of physical overwork or implementation of other measures for safety of systems, including for settlement of system restrictions;
124) the period of calculation of not balance - the period of time determined by rules of the market for which not balance of electrical energy of the parties responsible for balance is calculated;
125) perspective planning implementation of planning of need 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 system requirements satisfaction in the electric power, and also ensuring supply of electrical energy to consumers;
126) planned unavailability of electroinstallations - planned conclusion of electroinstallations from work owing to the planned repair, maintenance and other reasons;
127) payment for change of the electrosupplier or the aggregator (further - payment for change) - the penalty or payment for early change of the electrosupplier or the aggregator, including payment for agreement cancelation which is is direct or indirectly applied by electrosuppliers, aggregators or the operator of system of transfer, operators of systems of distribution, operators of small systems of distribution;
128) payment for termination of the agreement - the penalty or payment applied by electrosuppliers or aggregators to consumers for early agreement cancelation of delivery of electrical energy to the consumer or contribution agreements in aggregative group respectively;
129) payment information - information containing in the payment document (account) which the electrical power company provides to the consumer, except the requirement about payment;
130) the household consumer - the individual residential customer (the physical person using 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);
131) completely integrated elements of network - elements of network which are integrated into system of transfer or 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;
132) unplanned unavailability of electroinstallations - conclusion of electroinstallations in emergency repair or their unavailability owing to other contingencies;
133) service in ensuring development of the generating capacity action in construction of the new generating capacity, carrying out reconstruction (upgrade) the operating generating capacity which are performed by the subjects of managing determined by results of the competition held according to this Law;
134) services in balancing - purchase and sale of the balancing electrical energy and/or provision of service of the balancing capacity;
135) the services in flexibility service provided by participants of the market to the operator of system of distribution and the needs for flexibility of system of distribution, necessary for covering, for the purpose of ensuring uninterrupted and effective provision of services on distribution of electrical energy;
136) the supplier of the support services which are not connected with regulation of frequency (further - the supplier of support services), - the participant of the market which conforms to the requirements for provision of the support services which are not connected with regulation of frequency established by rules of the market and is registered according to rules of the market for provision of such services;
137) 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;
138) the service provider on balancing - the participant of the market meeting the requirements for participation in balancing and providing to the operator of system of transfer of service in balancing;
139) the service provider of commercial accounting - the subject of managing providing services of commercial accounting in the market of electrical energy according to requirements of this Law;
140) the supplier of universal service - the electrosupplier determined according to this Law fulfilling obligations on provision of universal service;
141) delivery of electrical energy - sale, including resale, electrical energy;
142) 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;
143) rules, procedures, conditions, techniques (methodology) - the all-European, regional and national rules, procedures, conditions, techniques (methodology);
144) the right to transfer of interzonal handling capacity (further - the right to transfer) - the physical right to transfer, the financial law to transfer with the obligation, the financial law on transfer from options;
145) 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 selection and/or leave in point of accession of electroinstallation of the customer of the corresponding capacity with/to power networks of system of transfer or system of distribution (including again constructed) electrical energy of necessary amount with observance of indicators of its quality and reliability;
146) priority scheduling - scheduling of power plants on the basis of the criteria other than economically reasonable procedure for requests, with provision of priority of scheduling of separate technologies of generation;
147) the offered interzonal handling capacity (further - the offered handling capacity) - the handling capacity between trade zones of the corresponding direction offered for distribution at the corresponding auction;
148) the direct line - the power line connecting the generating object of the producer which is not attached to system of transfer or system of distribution (including through networks of other owners), with the electroinstallations of the consumer which are not attached to system of transfer or system of distribution (including through networks of other owners), for the purpose of direct supply of electrical energy to this consumer, or the power line connecting the generating object of the producer to own objects of consumption of electrical energy of the producer, in particular objects of its branches, representations and/or affiliated enterprises;
149) the early prevention - provision of the exact, checked, reliable information about probability of approach of event which can lead to considerable deterioration in situation with electric utility service and crisis in power industry;
150) reaction of demand change of consumption of electrical energy (electric loading) by consumers in comparison with their regular or current consumption patterns, independently or through the aggregator, in response to market alerts, including on variables in time of the price of electrical energy or incentive payments, or for adoption (acceptance) of the request of the consumer on reduction or increase in demand;
151) the region of calculation of throughput capability - the geographical territory within which the coordinated calculation of interzonal handling capacity according to the agreements (agreements) signed by the operator of system of transfer is applied;
152) the region of functioning of energy systems - the geographical territory covering operators of systems of transfer, trade zones, borders of trade zones, regions of calculation of handling capacity and regions of coordination of shutdowns within which operators of systems of transfer interact with the relevant regional coordination center according to the signed agreements;
153) the regional coordination center - the legal entity, including the legal entity created according to the legislation of foreign state, who is carrying out tasks (functions) of regional value within the respective region of functioning of power systems, in particular concerning the coordinated calculation of handling capacity, the coordinated analysis of operational safety, creation of general models of network according to the signed agreement (the signed agreements);
154) regional rules, procedures, conditions, techniques (methodology) (further - regional rules) - rules, procedures, conditions, techniques (methodology) approved by regulatory bodies of member states of the European Union and/or the states parties of Energy Community, Council of regulatory bodies of energy community or ACER according to the international obligations of Ukraine;
155) Regulator - The national commission performing state regulation in spheres of power and utilities;
156) the market of auxiliary services systems of the relations arising in connection with acquisition of system of transfer of support services by the operator or operators of the systems of distribution support services which are not connected with adjustment of frequency;
157) the market of electrical energy - system of the relations arising when implementing purchase and sale of electrical energy and/or support services, transfers and distributions, deliveries of electrical energy to consumers;
158) the market of electrical energy "in the day ahead" (further - the market "in the day ahead") - segment of the market of electrical energy on which purchase and sale of electrical energy in days is performed, following behind day of tendering;
159) development of OES of Ukraine - new construction, reconstruction or technical retrofitting of power generation facilities;
160) 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 providing the services connected with delivery of electrical energy;
161) disclosure of the insider information - disclosure, transfer of the insider information or provision of access to the insider information to other persons in any manner;
162) 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;
163) the distributed generation - the power plant attached to system of distribution of electrical energy;
164) calculations in the market of electric 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 provided in the market of electrical energy including by netting and at the expense of the corresponding financial guarantees;
165) 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;
166) system of transfer of electrical energy (further - system of transfer) - the system of lines, the service equipment, equipment for transformation and switchings used for transfer of electrical energy;
167) 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;
168) the system restrictions 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 electroinstallations according to their contractual amounts of leave/selection of electrical energy and/or optimum load distribution of electroinstallations 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;
169) the special balancing product - the balancing product other than the standard balancing product;
170) the consumer - physical person, including the physical person - the entrepreneur, or the legal entity buying electrical energy for own consumption;
171) rate of payment for linear part of accession 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;
172) 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 the attached electroinstallation (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 connection point;
the ordered capacity;
location of electroinstallation of the applicant (city or rural zone);
load of transformer substation;
173) rate of payment for standard accession - established by the Regulator for certain term for each operator of system of distribution of value of cost of service in joining of 1 kW of capacity;
174) the standard of reliability - the indicator or set of indicators characterizing the necessary level of safety of delivery of electrical energy;
175) standard accession accession of electroinstallation of the customer capacity no more than 50 kW 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 next point in the operating power networks of the operator of system of distribution (air-line, transformer substation or distribution point). Technical parameters, degrees of capacity and the cost of standard accession are determined by the Regulator;
176) the standard balancing product - the harmonized balancing product determined by operators of systems of transfer of member states of the European Union and the states - the parties of Energy community for exchange of services in balancing;
177) the station of charging of electric vehicles (the electrocharging station) - the device (portable or stationary) intended for charging or replacement of systems of accumulation of electrical energy (rechargeable batteries) of electric vehicles;
178) the party responsible for balance, - the participant of the market bearing the financial responsibility for not balances of electrical energy;
179) structural overload - overload in system of transfer, unambiguously certain, expected, territorially steady in time and often repeating under normal conditions works of power system;
180) 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 supply of electrical energy according to this Law;
181) the biddings by electrical energy in the market "for the days ahead" (further - the biddings "for the days ahead") - process of the determination of amounts and the price of electrical energy for settlement periods of days following behind day of tendering according to this Law;
182) trade zone - the largest geographical territory within which participants of the market can perform purchase and sale of electrical energy without distribution of interzonal handling capacity;
183) the trade agent subject (subjects) of managing, including the nonresident whose task is transfer of net line items between the central partners during the single message of the markets "for the days ahead" and the single message of the intra daily markets;
184) the trader - the company performing purchase of electrical energy only for the purpose of its resale except sale according to the electric power supply agreement to the consumer;
185) the third country - the state which is not the member of the European Union or the party of Energy Community;
186) universal service delivery of electrical energy to residential and small not residential customers that guarantees their right to ensuring certain quality with electrical energy on the conditions determined according to this law in all territory of Ukraine;
187) 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 that 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;
188) demand management - the comprehensive or integrated approach directed to rendering influence on amount and the consumption map of the electric power for the purpose of reduction of 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, other measures, in particular the conclusion of contracts for intermittent supply, and means of regulation of loading, in comparison with investments into increase in the generating capacities if the first of the specified measures is more effective and economically reasonable 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, and also process of impact for amounts or models (technological, organizational, economic) consumption of electrical energy by final consumers;
189) energy storage installation - electroinstallation in which energy storage is performed;
190) 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 nominated operator of the market, the guaranteed buyer, the aggregator, the operator of installation of storage of energy and the consumer performing activities in the market of electrical energy according to this Law;
191) the physical right to transfer - the acquired right to use interzonal handling capacity in certain direction and during the certain period of time;
192) the financial law on transfer with the obligation right which grants to its owner the right to financial remuneration or obliges him to provide financial remuneration on the basis of results of distribution of interzonal handling capacity for the days ahead between two trade zones during the certain period of time in certain direction according to rules for apportionment of interzonal handling capacity;
193) the financial law on transfer from the option right which grants to its owner the right to financial remuneration on the basis of results of distribution of interzonal handling capacity for the days ahead between two trade zones during the certain period of time in certain direction according to rules for apportionment of interzonal handling capacity;
194) function of the operator of the message of the markets functions of comparison of requests on the single message of the markets "for the days ahead" and on the single message of the intra daily markets for different trade zones with simultaneous distribution of interzonal handling capacity;
195) the central partner subject (subjects) of managing who becomes the party of contracts with bidders in case of the single message of the markets and acquires the rights and obligations of the seller for each buyer and the right and obligation of the buyer for each seller and also will organize transfer of net line items to other central partner (other central partners), to the commercial agent;
196) not balance price - the price (positive, zero or negative) in every period of calculation of not balance for not balance of electrical energy in each direction;
197) net line item - the balanced size of export volumes and import of electrical energy in case of the single message of the markets "for the days ahead" or in case of the single message of the intra daily markets for each settlement period in trade zone;
198) 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;
199) explicit auction - the mechanism of distribution of handling capacity on which the right to transfer is acquired and is determined the price of such right, except purchase and sale of electrical energy.
2. The terms "economic trading activity", "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".
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.
In obligation fulfillment 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:
Directives (EU) 2019/944 of June 5, 2019 about general rules of the domestic market of the electric power;
Regulations (EU) No. 1227/2011 of October 25, 2011 about respectability and transparency on wholesale energy market;
Regulations (EU) 2015/1222 of July 24, 2015 about establishment of the guidelines on distribution of handling capacity and management of overloads;
Regulations (EU) 2016/1719 of September 26, 2016 about establishment of the guidelines on forward distribution of handling capacity;
Regulations (EU) 2017/1485 of August 2, 2017 about establishment of the guidelines of operation of system of transmission of electricity;
Regulations (EU) 2017/2195 of November 23, 2017 about establishment of the guidelines on balancing of electrical energy;
Regulations (EU) 2017/2196 of November 24, 2017 about establishment of the Network code on emergencies and renewal of electric utility service;
Regulations (EU) 2019/941 of June 5, 2019 about readiness for risk in electric utility sector;
Regulations (EU) 2019/942 of June 5, 2019 about organization of the Agency of the European Union concerning cooperation of energy regulators;
Regulations (EU) 2019/943 of June 5, 2019 about the domestic market of the electric power.
2. The main conditions of activities of participants of the market of electrical energy and relations between them are determined, in particular:
1) to rules of the market which, including, determine rules of functioning of the balancing market and the market of support services;
2) to rules of the market "for the days ahead" and intra daily market;
3) code of system of information transfer, code of systems of distribution;
4) code of commercial accounting;
5) to rules of the retail market;
6) the all-European rules and changes to them which list approves the Regulator;
7) regional rules and changes to them which list approves the Regulator;
8) national rules and changes to them;
9) other regulatory legal acts.
Develops rules of the market, the code of system of transfer and the code of commercial accounting and the operator of system of transfer administers and approves the regulator.
Rules of the market "for the days ahead" and the intra daily market develops and the operator of the market administers and approves the Regulator.
Rules of the biddings of the nominated operator of the market are developed and approved by the nominated operator of the market and approves 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, procedure for disclosure and promulgation of information.
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 accomplishment of agreement obligations of purchase and sale of electrical energy in these markets, procedure for the organization and tendering, determination of the prices and carrying out calculations in these markets, procedure for dispute settlement, 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", procedure of payments of cost of the electrical energy consumed by the consumer in case of unauthorized selection of electrical energy.
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/system of distribution, condition and procedure for accession to system of transfer/system of distribution, including procedure for flexible accession and its feature, the characteristic and procedure for provision of support services to the operator of system of transfer, including for the purposes of interstate balancing, procedure for operational planning; procedure for management and operation of system in normal and emergency operation; standards of operational safety, criteria which the operator of system of transfer applies procedure for scheduling of the distributed generation and condition of provision of priority to scheduling of the generating capacities and use of crossings between trade zones, to the power generation facilities using alternative energy sources;
The code of system of data transmission establishes the principles of the mechanism of compensation between operators of systems of data transmission.
The code of system of data transmission establishes conditions and the principles of provision of departures from accomplishment of its provisions.
The code of system of transfer shall meet 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), the procedure for carrying out registration of service providers of commercial accounting, points of commercial accounting and registration of the automated systems used for commercial accounting of electrical energy, agreements on information exchange in the market of electrical energy and about provision of services of 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.
13. The list of the all-European and regional rules which are subject to use of the system of transfer by the operator nominated by the operator (the nominated operators) of the market and other participants of the market approves the Regulator.
The regulator provides transfer of the all-European and regional rules into Ukrainian.
The all-European rules in the Ukrainian and English languages are published on websites of the Regulator, the operator of system of transfer and the nominated operator (the nominated operators) of the market.
Regional rules, except confidential information, in the Ukrainian and English languages will be promulgated on websites of the Regulator, the operator of system of transfer and the nominated operator (the nominated operators) of the market in the Ukrainian and English languages, except cases (or in part) when (in which) such rules contain confidential information.
The regulator updates the list of the all-European and regional rules approved by it when entering corresponding changes into acts of the legislation of Energy Community in the field of power.
14. The operator of system of transfer and/or the nominated operator (the nominated operators) of the market accepts (take) part in development, approval and representation for approval of regional rules, procedures, conditions, techniques (methodologies) and changes in them by all regulatory bodies of the respective region, Council of regulatory bodies of energy community or ACER according to this law, regulatory legal acts and the international obligations of Ukraine.
The operator of system of transfer and/or the nominated operator (the nominated operators) of the market accepts (take) part in development, approval and representation in the regulator for approval of national rules, procedures, conditions, techniques (methodologies) according to requirements of this Law, regulatory legal acts and the international obligations of Ukraine.
The regulator provides use of system of transfer by the operator and the nominated operator (the nominated operators) of the market of the national rules approved according to this Law, other regulatory legal acts and the international obligations of Ukraine.
15. In case of development of offers on regional and/or national rules or changes to them according to this Law and/or acts of the legislation of energy community in the field of power the operator of system of transfer and the nominated operator (the nominated operators) of the market hold consultations with concerned parties, and if necessary - also with relevant organs of the European Union and Energy community, according to the draft of offers to regional and/or national rules or on other questions connected with accomplishment of functions of the operator of system of transfer and the nominated operator of the market.
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 electric power supply to consumers, protection of their rights and interests;
3) creation of conditions for safe operation of power generation facilities;
4) preserving integrity, ensuring reliable and effective functioning of OES of Ukraine, single dispatching (operational and technological) management of it;
5) ensuring balance between the demand and supply of electrical energy;
6) developments of interstate power lines with power supply systems of member states of the European Union and the states - the parties of Energy Community;
7) equal rights for sale and purchase of electrical energy;
8) free choice of the electrosupplier by the consumer;
9) non-discriminatory and transparent access to system of transfer and systems of distribution;
10) non-discriminatory participation in the market of electrical energy;
11) independent state regulation;
12) non-discriminatory valuable and the tariff setting reflecting economically reasonable expenses;
13) 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, rules of the biddings of the nominated operator of the 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 the market of electrical energy, and conditions of the agreements signed in this market;
14) cooperation and integration of electricity market at regional and all-European levels;
15) open pricing on the basis of the demand and supply, prevention of the actions interfering pricing on the basis of the demand and supply;
16) provision to consumers of opportunity to take advantages of market development of electrical energy and growth of the competition in the retail market of electrical energy, to participate actively in the market of electrical energy and in energy transition;
17) providing to consumers of opportunity for participation in the market of electrical energy by aggregation;
18) decarbonizations of power supply system and economy, in particular by development of production of electrical energy from renewable energy resources and implementation of incentives of increase in energy efficiency;
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