RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 3, 2019 No. 291

About introduction of amendments to the resolution of the Cabinet of Ministers of Ukraine of June 1, 2011 No. 869

The Cabinet of Ministers of Ukraine decides:

1. Bring in the resolution of the Cabinet of Ministers of Ukraine of June 1, 2011 No. 869 "About ensuring single approach to forming of rates for housing and communal services" (The Official Bulletin of Ukraine, 2011, No. 62, Art. 2472; 2013, No. 1, Art. 15, No. 68, Art. 2467; 2014, No. 84, Art. 2373; 2017, No. 88, Art. 2683, No. 94, Art. 2858; 2018, No. 50, the Art. 1758) changes which are applied.

2. This resolution becomes effective along with enforcement of the Law of Ukraine of November 9, 2017 No. 2189-VIII "About housing and communal services", but not earlier than day of its official publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 3, 2019 No. 291

Changes which are made to the resolution of the Cabinet of Ministers of Ukraine of June 1, 2011 No. 869

1. In the resolution:

1) in the name of the resolution of the word "housing and communal services" shall be replaced with words "utilities";

Introductory part of the resolution to state 2) in the following edition:

"According to item 4 of part one of article 4 of the Law of Ukraine "About housing and communal services" the Cabinet of Ministers of Ukraine decides:";

3) in Item 1:

in the paragraph the second words of "centralized heating" shall be replaced with words "deliveries of heat energy";

in paragraph three the word "water disposal" shall be replaced with words "centralized water disposal";

to exclude paragraphs of the fourth, fifth and seventh.

2. To state the procedure for forming of rates for heat energy, its production, transportation and delivery, services in centralized heating and supply of hot water approved by the specified resolution in the following edition:

"No. 869 is approved by the Resolution of the Cabinet of Ministers of Ukraine of June 1, 2011

(in edition of the Resolution of the Cabinet of Ministers of Ukraine of April 3, 2019 No. 291)

Procedure for forming of rates for heat energy, its production, transportation and delivery, delivery services of heat energy and supply of hot water

General provisions

1. This Procedure determines the mechanism of forming of rates for heat energy, its production, transportation and delivery, delivery services of heat energy and supply of hot water for subjects of natural monopolies and subjects of managing in the adjacent markets which perform or intend to perform economic activity on production of heat energy, its transportation by the high-level and local (distribution) thermal networks (further - transportation) and to supply, provision of services by delivery of heat energy and supply of hot water.

2. This Procedure is applied in case of establishment by local government bodies (further - authorized bodies) rates for heat energy, its production, transportation and delivery, delivery service of heat energy and supply of hot water to subjects of natural monopolies, and also to subjects of managing in the adjacent markets specified in Item of 1 this Procedure and extends to such subjects when calculating of the specified rates.

3. This Procedure is not applied when forming rates for production of heat energy by combined heat and power plants, thermal power plants, nuclear power plants, cogeneration installations.

4. During forming of rates for heat energy, its production, transportation and delivery, delivery service of heat energy and supply of hot water by subjects of managing who are in joint property of territorial communities requirements of this Procedure regarding forming of rates for each separate territorial community (in case of implementation of licensed activities and provision of utilities in several territorial communities) do not extend to such subjects.

5. In this Procedure terms are used in such value:

1) base period - calendar year which precedes the planned period;

2) costs for compensation of losses - the costs arising at licensees during the period of consideration of calculations of rates for heat energy, its production, transportation and delivery, installation and their promulgation by authorized body;

3) two-part rate for heat energy, delivery services of heat energy and supply of hot water - monetary value of two separate parts of rate (conditional and variable and conditional and constant);

4) sources of financing of investing program (further - financing sources) - the means received from implementation by the licensee of the licensed activities at the expense of which financing of actions of investing program, in particular the depreciation charges, production investments from profit (means in the amount provided in the established rates for accomplishment of investing programs), and other receipts received from implementation of the economic activity connected and not connected with the licensed type of activity and borrowed funds (bonded loans, bank loans) the raised funds (the means received from sale of shares, attracted under agreements of financial leasing, share and other fees of citizens and legal entities, investors, grants), budgetary funds and so forth is performed;

5) change of rates for heat energy, its production, transportation and delivery, delivery services of heat energy and supply of hot water - review by authorized body of rates and their structure or adjustment of rates;

6) investing program - the complex of actions for increase in level of reliability and ensuring effective work of systems of centralized heat supply approved in accordance with the established procedure which contains obligations of the subject of managing in the field of centralized heat supply on construction (to reconstruction, upgrade) objects in the specified sphere, service quality improvement, the corresponding calculations and reasons, sources of financing and the schedule of accomplishment;

7) individual thermal Item - thermal Item from which heat supply and management of system of heatconsumption of one building (construction) or its part is performed;

8) adjustment of rates for heat energy, its production, transportation and delivery, delivery services of heat energy and supply of hot water - recalculation of rates in connection with change during the term of their action of amount of separate components which cost changed for the reasons which do not depend on the licensee (the subject of managing);

9) the licensee - the subject of managing who obtained the corresponding licenses for production of heat energy, transportation of heat energy by the high-level and local (distribution) thermal networks and delivery of heat energy;

10) licensed activities - economic activity of the licensee on production of heat energy, transportation of heat energy by the high-level and local (distribution) thermal networks and delivery of heat energy;

11) straight-line rate on heat energy - the cost of unit of the heat energy (1 Gcal) of the corresponding quality realized to consumers, determined as monetary value of the planned economically reasonable costs for its production, transportation, delivery, expenses on compensation of losses, the planned profit and not distributed on conditional and variable and conditional and permanent parts of rate;

12) operating activiies - the main activities of the licensee (the subject of managing), and also other types of activity which are not investing or financial activities;

13) the planned period - the period lasting 12 months for which rates are created and established (from October 1 to September 30 and for subjects of managing which for the first time establish rates, - other period approved with authorized bodies lasting 12 months);

14) above-standard losses - difference between the actual and settlement losses of heat energy in thermal networks;

15) settlement losses of heat energy in thermal networks - amount of the heat energy lost during its transportation by thermal networks owing to leakages and chilling of the heat carrier in thermal network which is calculated on the planned operating mode with project indicators and passports technically of operational thermal network according to cross-industry, industry methods, other regulating documents of regulation of costs and losses of resources in particular of Regulations and instructions for regulation of costs of fuel and heat energy on heating of residential and public constructions and also on economic domestic needs in Ukraine (KTM 204 Ukraine 244-94) and is determined in gigacalories and percent of amount of receipt of heat energy in thermal network;

16) system of autonomous heating - system of heating which is used for heat supply of the certain apartment house or its part;

17) effective period of rates for heat energy, its production, transportation and delivery, delivery services of heat energy and supply of hot water - period of time on which the authorized body establishes rates and during which such rates are applied to consumers;

18) structure of rates for heat energy, its production, transportation and delivery, delivery services of heat energy and supply of hot water - components of economically reasonable costs connected with carrying out in the planned period of the corresponding type of the licensed activities, provision of services on delivery of heat energy and supply of hot water which are grouped in Articles determined by this Procedure according to provisions (standards) of financial accounting approved by the Ministry of Finance and components of the planned profit on the basis of which rates, and costs for compensation of losses are calculated and established;

19) rates for delivery services of hot water - the cost of provision of unit of delivery service of hot water of certain quantity and corresponding quality calculated on the basis of the planned economically reasonable expenses taking into account the planned profit;

20) rates for delivery services of heat energy - the cost of provision of unit of delivery service of heat energy of the corresponding quality which equals costs of heat energy for the consumer;

21) rates for heat energy, its production, transportation and delivery - manufacturing cost, transportations and deliveries of unit of heat energy (1 Gcal) of the corresponding quality as monetary value of the planned economically reasonable expenses, expenses on compensation of losses, the planned profit;

22) heat energy for own economic needs of the licensee - heat energy which is consumed by the objects which are in property or use of the licensee for implementation of licensed activities in the field of heat supply, except own needs of sources of heat energy;

23) thermal Item - specially equipped room from which control of local systems of heatconsumption is exercised (heating, hot water supply, ventilation, technological loading) and in which there is transformation of parameters of the heat carrier by heat consumption types, accounting of heat;

24) conditional and variable part of two-part rate for delivery services of heat energy - the cost of unit of heat energy determined at the rate on 1 Gcal of heat energy or according to the regulation of consumption established by local government body as monetary value of variable part of the planned economically reasonable direct costs on its production and transportation which change directly (almost directly) in proportion to scope change of heat energy for rendering delivery service of heat energy;

25) conditional and variable part of two-part rate for heat energy - the cost of unit of heat energy (1 Gcal) as monetary value of variable part of the planned economically reasonable direct costs on its production and transportation which change directly (almost directly) in proportion to scope change of delivery of heat energy;

26) conditional and variable part of two-part rate for delivery services of hot water - the service unit cost (1 cubic meter) as monetary value of the corresponding conditional and variable part of cost of the planned amount of the heat energy necessary for provision of delivery service of hot water, electricity costs and cold water for needs of hot water supply;

27) conditional constant component of two-part rate for delivery services of heat energy - subscriber fee for unit of thermal load of objects of heatconsumption of heating (1 Gcal/h) as monetary value of the planned economically reasonable costs, except those which are carried to the conditional variable expenses included in complete cost of heat energy are constants and do not change directly (almost directly) in proportion to scope change of heat energy for rendering delivery services of heat energy;

28) conditional constant component of two-part rate for heat energy - subscriber fee for unit (1 Gcal/h) of thermal loading of objects of heatconsumption as monetary value of the planned economically reasonable costs, except those which are carried to the conditional variable expenses included in complete cost of production, transportation and delivery of heat energy are constants and do not change directly (almost directly) in proportion to scope change of delivery of heat energy taking into account the planned profit;

29) conditional constant component of two-part rate for delivery services of hot water - subscriber fee for unit (1 Gcal/h) of thermal loading of system of supply of hot water as monetary value of the planned economically reasonable costs, except those which are carried to the conditional variable expenses included in complete cost of delivery services of hot water are constants and do not change directly (almost directly) in proportion to scope change of rendering delivery services of hot water, taking into account the planned profit;

30) the actual losses of heat energy in thermal networks - difference between amount of the heat energy which arrived in thermal network and amount of leave of heat energy from thermal network for own economic needs of the licensee and needs of consumers of heat energy (it is determined in gigacalories and percent of amount of receipt of heat energy to thermal network);

31) the central heat distribution station - thermal Item to which systems of heatconsumption of two and more buildings (constructions) are attached.

6. Forming of rates for production, transportation and delivery of heat energy is performed taking into account expenses by each type of the licensed activities which account is kept by the licensee separately.

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