Law of Ukraine

"On Amendments to Certain Legislative Acts of Ukraine"

Date of entry into force:
November 9, 2011

The Law presents new versions of Articles 95-1 and 188-20 of the Code on Administrative Offences of Ukraine that establish administrative liability for:
  • violating the requirements of normative legal acts and normative documents in the issues of technical operation of generating stations and electric networks, as well as energy equipment;
  • failure to fulfill (evasion) or untimely fulfilling of instructions given by officials of the central executive power body for state energy supervision, or of instruction of its bodies.

The new version of Article 244-13 of the Code on Administrative Offences of Ukraine envisages that cases on administrative offences provided for by Articles 95-1 and 188-20 of the Code on Administrative Offences of Ukraine are reviewed by bodies of the central executive power body on state energy supervision.
On behalf of the central executive power body for state energy supervision, the following may review cases on administrative offences and impose respective administrative penalties:
  • the chief inspector for state energy supervision and his deputies – warning or fine, for citizens, employees or officials, up to UAH 170;
  • senior inspectors for state energy supervision – warning or fine, for citizens, employees or officials, up to UAH 136;
  • inspectors for state energy supervision – warning or fine, for citizens, employees or officials – up to UAH 85.

The Law supplements Article 1 of the Law of Ukraine "On the Electric Energy Sector" with definitions of terms "electric power production" and "normative document", and clarifies the definitions of terms "power suppliers", "power transmission" and "electric power supply".

According to the Law, state supervision (oversight) in the electric energy sector is carried out by the central executive power body for state energy supervision. The subject of state supervision (oversight) in the electric energy sector is the economic activity related to production, transmission and delivery of energy; the use of energy by the electric energy sector entities and power consumers for their own needs within the scope of technical operation of generating stations and electric networks; technical operation of energy equipment by power consumers and electric energy sector entities; testing and repair of power units and networks; terms of supply and use of electric power and heat; and work related to designing power units and networks. The method of carrying out state supervision (oversight) in the electric energy sector by the central executive power body for state energy supervision is carrying out appropriate examinations, checkups, visits and inspections related to the power equipment operated by the electric energy sector entities and power consumers, according to the procedure determined by the Law of Ukraine "On the Main Principles of State Supervision (Oversight) in the Area of Commercial Activity". The central executive power body for state energy supervision carries out state supervision (oversight) of electric power, heat, and heat-consuming units and networks operated by the electric energy sector entities and power consumers to ensure their adherence to the requirements to normative legal acts and normative documents in the issues of technical operation of generating stations and electric networks; of energy equipment operated by power consumers and the electric energy sector entities; of testing and repair of energy units and networks; of the terms of supply and use of electric power and heat; and of work related to designing energy units and networks and confirming their operational state. These are auxiliary measures to ensure stable operation of the united power system of Ukraine (new version of Article 9 of the Law of Ukraine "On the Electric Energy Sector").

The Law supplements part 6, Article 19 of the Law of Ukraine "On the Electric Energy Sector" with a new provision, according to which it is forbidden to locate structures and other objects in the protected areas of electric and heat networks without carrying out the technical safety measures envisaged by normative documents.

Energy suppliers must ensure proper technical condition and organized operation of electric power objects according to the requirements of normative legal acts and normative documents in the issues of technical operation of generating stations, electric networks and energy equipment, as well as reliable and quality supply (transportation) of energy according to the terms of licenses and agreement. The energy supplier must, according to the procedure established by law, allow inspectors for state energy supervision access to energy units for the purposes of carrying out state energy supervision (oversight) over adherence to the requirements of normative legal acts and normative documents in the issues of technical operation of generating stations, electric networks and energy equipment (amendments to Article 24 of the Law of Ukraine "On the Electric Energy Sector").

According to the new version of part 9, Article 26 of the Law of Ukraine "On the Electric Energy Sector", a consumer must, according to the procedure established by law, ensure unrestricted access of authorized employees of the energy supplier and the power transmitting company to their own energy units for the purposes of overseeing the energy consumption rates, disconnecting, or limiting energy consumption according to the established procedure; as well as access of authorized persons of the central executive power body for state energy supervision for the purposes of carrying out state energy supervision (oversight) of adherence to the requirements of normative legal acts and normative documents in the issues of technical operation of generating stations, electric networks, energy equipment and networks of the electric energy sector entities and power consumers, according to the procedure established by the Law of Ukraine "On the Main Principles of State Supervision (Oversight) in the Area of Commercial Activity". In case of interfering with access of the above representatives and authorized persons to the consumer's energy units, the officials of this consumer shall be liable according to law.

The Law presents a new version of Article 14 of the Law of Ukraine "On Heat Supply", according to which, state supervision (oversight) in the heat supply sector is carried out by the central executive power body for state energy supervision. The subject of state supervision (oversight) in the heat supply sector is the economic activity related to production, transmission, delivery and use of heat energy within the scope of technical operation of heat-generating and heat-consuming units and networks by the heat energy sector entities; testing and repair of the above units and networks; terms of use of heat energy; and work related to designing heat-generating and heat-consuming units and networks. The method of carrying out state supervision (oversight) in the heat supply sector by the central executive power body for state energy supervision is carrying out appropriate examinations, checkups, visits and inspections related to the heat-generating and heat-consuming units and networks, as well as energy equipment operated by the heat supply sector entities, according to the procedure determined by the Law of Ukraine "On the Main Principles of State Supervision (Oversight) in the Area of Commercial Activity". The central executive power body for state energy supervision carries out state supervision (oversight) of heat-generating and heat-consuming units and networks operated by the heat supply sector entities to ensure their adherence to the requirements to normative legal acts and normative documents in the issues of technical operation of heat-generating and heat-consuming units and networks, their operation, design, construction and confirming operational state; and the use of energy in the heat supply sector. While carrying out state energy supervision (oversight), the central executive power body has the right to:
  • demand that the heat supply sector entities eliminate the uncovered violations of the requirements of the legislation;
  • demand cessation of activities that interfere with state energy supervision (oversight);
  • issue the heat supply sector entities with mandatory instructions to eliminate the violations of the requirements of normative legal acts and normative documents in the issues of the technical state of heat-generating and heat-consuming units and networks, their operation, design and construction, and the use of energy in the heat supply sector;
  • terminate operation of heat-generating and heat-consuming units and networks due to their unsatisfactory technical condition and/or unsatisfactory organization of their operation, by issuing heat consumers and the heat supply sector entities with a motivated written resolution of the head or deputy head of the appropriate body of the central executive power body for state energy supervision, stating the inadmissibility of continued operation of such. The grounds for such termination are threat to the life or health of the employees or the public, or factors contributing to occurrence of a man-made or natural emergency;
  • by written query, receive, free of charge, the information, explanations, inquiries, documents, materials and data on the issues that arise during state supervision (oversight), which are necessary to carry out the tasks the power body is charged with, according to the legislation. The above written query must contain an exhaustive list of information, explanations, inquiries, etc. that are to be provided in response to the query, and reference the normative legal acts the fulfillment of which requires gathering such information;
  • make decisions to collect samples of products (parts of energy equipment, etc.) for expert analysis;
  • impose penal sanctions to business entities for violating the requirements of legislation in the heat supply sector;
  • provide consultations to business entities in the heat supply sector on the issues that lie within the competence of the power body, and review disputes arising between the heat supply sector entities and power consumers;
  • record the supervision process or any specific action using audio and video equipment.
Inspectors for state energy supervision have the right to:
  • according to the procedure established by law, access heat-generating and heat-consuming units and networks operated by the heat supply sector entities;
  • receive information from the heat supply sector entities, free of charge, that is necessary to carry out the tasks the inspectors are charged with, according to normative legal acts;
  • within the scope of their authority, issue the heat supply sector entities with mandatory instructions to eliminate violations of the requirements of normative legal acts and normative documents in the issues of technical state of heat-generating and heat-consuming units and networks, their operation, design and construction, and the use of energy in the heat supply sector;
  • issue the heat supply sector entities with instructions to bring the technical state of heat-generating and heat-consuming units and networks as well as heat production monitoring, controlling and regulating equipment, and the organization of their operation, into accordance with the requirements of normative documents in the issues of operation, design and construction of generating equipment and energy networks in the heat supply sector;
  • give suggestions to heads of business entities or their authorized representatives regarding dismissing the heat engineering official responsible for heat economy whose action or inaction have led to violation of the requirements of normative legal acts or normative documents in the issues of operation, design and construction of generating equipment and electric networks in the heat supply sector, or who failed to pass the test of knowledge of technical operation rules for heat units and networks;
  • demand that business entities in the heat supply sector observe the terms of supply and use of heat energy established by normative legal acts;
  • prepare protocols of administrative violations and review cases on administrative violations, according to the procedure established by law;
  • record the supervision process or any specific action using audio and video equipment.
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