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LAW OF UKRAINE

of June 8, 2017 No. 2095-VIII

About Fund of energy efficiency

(as amended of the Law of Ukraine of 17.10.2019 No. 199-IX)

This Law determines legal, economic and organizational basis of creation and activities of Fund of energy efficiency.

Article 1. Legal status of fund of energy efficiency

1. The fund of energy efficiency (further - Fund) is created for the purpose of support of initiatives of energy efficiency, implementation of instruments of stimulation and support of implementation of actions for increase in level of energy efficiency of buildings and energy saving (further - actions for energy efficiency), including in the residential sector, taking into account the national plan for energy efficiency, reduction of emissions of carbon dioxide for the purpose of accomplishment of the Parisian agreement, implementation of acquis communautaire of the European Union and the Constitutive treaty of energy Community, ensuring compliance with the international obligations by Ukraine in the field of energy efficiency.

2. The fund is public institution - the legal entity of the public law.

The fund acquires the rights of the legal entity from the date of its state registration in the procedure established by the legislation.

Founder of Fund is the state on behalf of the Cabinet of Ministers of Ukraine, the Fund is formed according to the decision of the Cabinet of Ministers of Ukraine.

3. The fund can receive from the governments, the agencies and organizations of foreign states, and also from international financial institutions (further - donors) financial contributions and the help in form of target grants or otherwise based on the relevant agreement. The fund provides independent and transparent separate accounting of such fees and the help according to the legislation of Ukraine.

4. In the activities the Fund is guided by the Constitution of Ukraine, this Law, the laws of Ukraine, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, and also provisions of international treaties of Ukraine which became effective in accordance with the established procedure.

5. The fund has the right to sign agreements in the procedure established by the legislation, to acquire the property and personal non-property rights, to be claimant and the defendant in courts of Ukraine and other states.

The fund can be according to the legislation part of associations of legal entities, act as the member (founder) of other legal entities if it is necessary or it is reasonable for goal achievement of activities of Fund.

6. The fund is organization which does not aim at profit earning, has separate balance, accounts in banks, stamps, seals and forms with the name.

7. The fund is created for assistance to achievement of cumulative energy saving in final consumption taking into account the national purposes of Ukraine on energy efficiency, and also for implementation of actions, directed to their achievement which are determined in national plans for energy efficiency and are approved by the Cabinet of Ministers of Ukraine. The method of calculation of economy of energy affirms the Cabinet of Ministers of Ukraine according to acquis communautaire of the European Union and the Constitutive treaty of Energy Community.

For the purpose of achievement of the national purposes of Ukraine on energy efficiency the Cabinet of Ministers of Ukraine increases fees in Fund and/or implements according to the law additional measures for ensuring achievement of the minimum level of economy among final consumers of energy in Ukraine.

Article 2. Fund charter of energy efficiency

1. The fund is effective according to the Fund charter of energy efficiency (further - the Fund charter) which affirms the Cabinet of Ministers of Ukraine if other is not provided by international treaties of Ukraine.

The fund charter contains, in particular, information about:

1) name of Fund;

2) Fund location;

3) to form of business of Fund;

4) types of activity which are performed by Fund;

5) size and procedure for forming of the authorized capital of Fund;

6) to management structure Fund, governing bodies, their competence, procedure for decision making and terms of office;

7) procedure for reorganization and liquidation of Fund;

8) procedure for introduction of amendments to the Fund charter;

9) provision of rather external and internal audit of Fund;

10) other provisions which need is determined by the legislation of Ukraine.

The fund charter and changes in it are subject to state registration according to the legislation in the field of state registration of legal entities.

Article 3. Governing bodies of fund

1. Governing bodies of Fund are:

The supervisory board of Fund of energy efficiency (further - the Supervisory board);

Directorate of Fund of energy efficiency (further - Directorate).

Article 4. The supervisory board

1. The supervisory board is the supreme body of management of Fund.

The supervisory board performs protection of the rights of the founder, creditors, donors and final beneficiaries of Fund, provides accomplishment of the purposes of Fund and exercises supervision of management of Fund within the powers determined by this Law and the Fund charter.

2. The supervisory board is effective according to this Law, the Fund charter and Regulations on the Supervisory board of Fund of energy efficiency which affirms the Cabinet of Ministers of Ukraine.

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