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About The Peculiarities Of Functioning Of The Electricity Sector In The Transition Period And On Amendments To Certain Legislative Acts Of The Russian Federation And Repealing Certain Legislative Acts Of The Russian Federation In Connection With The ...

Original Language Title: Об особенностях функционирования электроэнергетики в переходный период и о внесении изменений в некоторые законодательные акты Российской Федерации и признании утратившими силу некоторых законодательных актов Российской Федерации в связи с...

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RUSSIAN FEDERATION FEDERAL LAW About peculiarities of power generation and the introduction of changes to some Russian legislative acts and recognition of the Russian Federation in connection with the adoption of the Federal Law on the Electricity Energy (In the wording of the Federal Law dated 29.12.2014 N 466-FZ) Adopted by the State Duma on February 21, 2003 Approved by the Federation Council on 12 March 2003 (In the wording of federal laws dated 28.12.2004 N 178-FZ; 31.03.2006 N 54-FZ; 05.02.2007 N 13-FZ; of 02.10.2007 N 228-FZ; dated 04.11.2007. N 250-FZ; 26.07.2010 N 187-FZ; of 06.12.2011 N 401-FZ; of 05.04.2013 N 35-FZ; dated 29.12.2014 N 466-FZ) Article 1. Act No. 74 of 7 May 1998 "On the peculiarities of the executive order of the Russian reactionary" Energy and Electrification of the Unified Energy System of the Russian Federation and shares of other joint-stock companies in the state of the Russian Federation " (Collection of Laws of the Russian Federation, 1998, N 19, Art. 2070). Article 2: Recognize from 1 January 2011: (In the federal laws of 04.11.2007 N 250-FZ; 26.07.2010 N187-FZ) Federal Law of 14 April 1995 N 41-FZ " On State regulation of tariffs for electric and heat OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1316); Federal Law of 11 February 1999 N 33-FZ "On Amendments and Additions to the Federal Law" On State OF THE PRESIDENT OF THE RUSSIAN FEDERATION 880); Federal Law of 10 January 2003 N 6-FZ "On Amendments and Additions to Article 2 of the Federal Law" On State OF THE PRESIDENT OF THE RUSSIAN FEDERATION 158). Article 3.(Overtaken by Federal Law of 04.11.2007) N 250-FZ) Article 4. In order to ensure state control over the implementation of measures to reform the electricity sector from the date of entry into force of the Federal Law "On electric power", a transitional period of reform is being introduced until July 1, 2008. Power generation. During the transition period, decisions of the governing bodies of the Russian Open Joint-Stock Company of Energy and Electrification of the Unified Energy System of Russia concerning its reorganization (including the decision on the reorganization of the society and its The form, the procedure for the distribution of the shares of the reorganized society, the formation of the property of the societies created by the reorganization) shall be adopted by a simple majority of the voting participants. (In the wording of the Federal Law of 04.11.2007) N 250-FZ) Decision on the procedure for the distribution of shares in the reorganization of the Russian open joint stock company in energy and electrification of the "Integrated energy system of Russia", adopted in accordance with this article By simple majority of votes cast, it provides for the distribution of shares in joint-stock companies created among the shareholders of the reorganized society in proportion to their share in the authorized capital of the society being reorganized. Decisions to reorganize the energy and electrification companies that are the subjects of natural monopolies and who have not carried out the reorganization in accordance with the procedure established by the legislation of the Russian Federation, until 1 January 2005, shall be adopted at the end of this period by a simple majority of the votes cast. Decisions taken in accordance with this article by a simple majority vote of the decision on the distribution of shares in reorganization (in the form of separation or selection) of joint-stock companies in the energy and electrification sectors should provide for the distribution of shares of joint-stock companies to be reorganized among the shareholders of the reorganized societies in proportion to their share in the authorized capital of the societies being reorganized. Organizations that are created during the reorganization of the Russian open joint stock company in energy and electrification of the "Single energy system of Russia", its subsidiaries and dependent societies, may not have the right to own property at the same time Electric grid objects belonging to one national (all-Russian) electric grid and electric grid objects not belonging to the single national (all-Russian) electrical grid. Russian open joint-stock company in energy and electrification of the Unified Energy System of Russia contributes to the charter capital of the organization for the management of the unified national (all-Russian) electrical network belonging to it. The organizations that have been set up in the reorganization of the energy and electrification joint-stock companies and owned by the electric grid units belonging to the national (all-Russian) electric grid. At the same time, the organization for the management of the unified national (all-Russia) electric network in ways stipulated by the legislation of the Russian Federation increases the share of their participation in the authorized capital of such organizations to the level of not less than 50 percent plus one voting share. Among the shareholders of the Russian open joint-stock company, the Unified Energy System of Russia, which did not take part in the voting on its restructuring, the shares of the created The reorganization of joint-stock companies is distributed in the same manner as among the shareholders who voted in favour of the decision to reorganize the Russian Open Joint Stock Company of Energy and Electrification of the Unified Energy System of Russia. (Part added-Federal Law of 02.10.2007 N 228-FZ) The activity of the territorial network organizations that are created during the process of restructuring the energy and electrification companies and which are the subjects of natural monopolies is established Control by the Russian Federation (including through the formation of holding companies controlled by the Russian Federation). (Part added is the federal law of April 4, 2007. N 250-FZ)Until 1 January 2011, the control of the Russian Federation for the activities of these territorial network organizations is not allowed to decrease, with the subsequent reduction of such control in the order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Part added is the federal law of April 4, 2007. N 250-FZ) In order to ensure the control of the Russian Federation over the activities of these territorial network organizations until 1 January 2011, the decisions of their authorities concerning the reorganization of those territorial waters Network organizations (including reorganization, approval of documents relating to such reorganization) shall be adopted by a simple majority vote of the participants. (Part added is the federal law of April 4, 2007. N 250-FZ) Article 5. To bring the level of state regulated prices (tariffs) in the electricity industry to a level that provides an economically reasonable level of return on investment capital invested in the activities of electric power units in which State regulation of prices (tariffs) is implemented in accordance with the programme approved by the Government of the Russian Federation to change the level of state regulated prices (tariffs) in the electricity industry. Article 6: In order to ensure a consistent and gradual reform of the wholesale and retail markets of electricity and capacity until 1 January 2011, the Government of the Russian Federation has the following powers: class="ed">limit the amount of electrical energy (capacity) authorized for free (unregulated) prices for every actor in the wholesale market-the supplier of electrical energy (capacity); Law dated 26.07.2010. N 187-FZ ) definition of the list of wholesale market zones (hereinafter referred to as the wholesale market price zones), which coincide with the territories of one or more constituent entities of the Russian Federation, in which all electric power entities are provided The right to sell electric energy to free (unregulated) prices. During the transition period specified in this article, the electricity sector reform: with regard to the rest of the volume of electricity, state regulation of prices (tariffs); The electric power market (power) and the retail market of electric energy function according to the rules of the transition period, which include the peculiarities of the participation of suppliers in the wholesale market of electric energy (power), relating to the procurement of fuel (the degree of monopolization of the market fuel, regulation of fuel prices). The rules of transition are approved by the Government of the Russian Federation; (Uspent force-Federal Law of 26.07.2010. N 187-FZ) (Unused-Federal Law dated December 29, 2014. N 466-FZ)(Uspent force-Federal Law dated 29.12.2014) N 466-FZ) (Spanged by Federal Law dated 29.12.2014). N 466-FZ) The main regulations of the operation of retail markets and other regulatory functions (pricing) of wholesale and retail markets are mandatory for regulatory documents The parties to the public treaty from the date of their entry into force shall also apply to relations that have arisen from previously concluded treaties, unless the said legal instruments establish a different time limit for their entry into force. Legal entities, individual entrepreneurs, as well as affiliated persons within the boundaries of the same price zone of the wholesale market are prohibited from combining electricity transmission and (or) operational control in the electricity industry with the production and (or) sales of electric energy. (...) (...) N 401-FZ) In order to enforce these requirements, legal persons, individual entrepreneurs, as well as affiliated persons within the boundaries of the same price zone of the wholesale market are prohibited from having the same rights at the same time property or other property, as provided for by federal laws, which is directly applicable to the operation of the electrical energy transfer activity and the (or) operational control in the electricity industry and property, directly involved in the implementation of Production and (or) sales of electric energy. (...) (...) N 401-FZ The requirements of this article on separation by type of activity do not apply to: (In the wording of Federal Law dated 26.07.2010. N 187-FZ )economic entities operating in technologically isolated territorial power systems, in the absence or restriction of competition, as well as economic entities, The operation of electric power facilities that are technologically unconnected with the Unified Energy System of Russia or technologically related solely through the power systems of foreign states; economic entities engaged in transfer activities electric power and power control in the power industry solely for their own production needs; territorial network organizations in the event that they are required by law The Russian Federation has been given the status of a guaranteeing energy supplier; exploiting organizations that operate under licences to operate in the field of nuclear energy and part of the property of which is the grid Safe operation of nuclear power plants; economic entities that carry out activities specified in this article using proprietary or other property rights under federal laws based on power plants and other electric power facilities directly related to each other and (or) to their own power-receiving devices, mainly to satisfy their own of production needs, subject to the observance of such OF THE PRESIDENT OF THE RUSSIAN FEDERATION class="ed"> antitrust authority. The affiliation of persons performing the requirements of this article to ensure division by type of activity with the entities referred to in this paragraph is allowed in the electric power industry, primarily for its own production needs. (...) (...) N 401-FZActivity of individual entrepreneurs-business entities, if they have not met the requirements of this article within the specified time limit, shall be terminated in court Order. An appeal to the arbitral tribunal with a request to terminate the activities of individual entrepreneurs-economic entities is carried out by the competition authority. (...) (...) N 401-FZ) Legal entities-economic entities that fail to comply with the requirements set out in this article within a specified time period are subject to forcible reorganization (in the form of separation or separation) by decision OF THE PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) N 401-FZ) In case of compulsory reorganization of joint-stock companies, the shares of joint stock companies created in such reorganization are distributed to the shareholders of the reorganized societies in proportion to their share in the charter of organized societies. If forced reorganization (in the form of separation or allocation) of a legal entity cannot meet the requirements of this article relating to affiliated persons, competition authority: appeals to court for forced sale of property owned by a legal person and directly used in the activity of the law enforcement agency. the production and/or sale of electric energy; refers to the court for the involuntary avoidance of contracts (contracts) under which the legal person has rights to property directly used in the case of Implementation of production and (or) sales activities Electric Energy. (Part added-Federal Law of 06.12.2011) N 401-FZ)If the court, on the basis of the application of the antitrust authority provided pursuant to paragraph 13 of this article, establishes that it is not possible to sell the property, directly involved in the operation of the production and (or) buying and selling of electric energy or the impossibility of the avoidance of contracts (contracts) on the basis of which the legal person has rights to property, directly used in the implementation of the (or) Electrical energy sales, antimonopoly authority: Appeals to court for compulsory sale of property owned by a legal person and directly used in the implementation of the law Electric power transmission and/or dispatcher control in the electricity industry; appeals to court for termination of contracts (contracts) on the basis of which the legal person has rights to property directly used in the implementation of Electric power transmission and (or) operational control in the power industry. (Part added-Federal law dated 06.12.2011 N 401-FZ)The property to be forced to sell can only be transferred as a result of an open auction. The auctions for the sale of rights to such property are carried out by the authorized Government of the Russian Federation by the federal executive authority in accordance with the procedure established by the Government of the Russian Federation. Pending the establishment of such an order by the Government of the Russian Federation, the auction for the sale of such property shall be carried out in accordance with the procedure established by the Federal Act of 21 December 2001 on the privatization of public and municipal rights. Property ". (Part of the addition is the Federal Law of 6 December 2011. N 401-FZ When auctioning the sale of rights to the specified property, the requirements of this article must be met by persons who are the result of the auction acquire the right to the property being sold. To this end, the requirement for participation in the auction for the sale of rights to the property in question is the existence of a decision by the competition authority to negotiate the acquisition of the property by the person in question in the event that such transactions are subject to OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Part of the addition is the Federal Law of 6 December 2011. N 401-FZ )Prices for products (work, services) of economic entities that combine these activities on the day of the entry into force of the Federal Law "On electric power" In accordance with the legislation of the Russian Federation on state regulation of prices (tariffs). The Government of the Russian Federation may, in accordance with federal laws, establish other features of business entities that have failed to comply with the requirements set out in this article. Control of compliance by economic entities with the requirements of this article, including the monitoring of compliance with the peculiarities of the functioning of economic entities, is carried out by the authorized Government of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Article as amended by the Federal Law of 04.11.2007) N 250-FZ) Article 7. In the wholesale market price zones, from 1 January 2011: the sale of electrical energy (capacity) by each subject of the wholesale market-the supplier of electrical energy (power) is carried out free (unregulated) prices, except for cases for which this Federal Act and other federal laws provide for state regulation of prices (tariffs) for electric energy (power); power base organizations, energy supply organizations sell Electric energy (power) consumers at free (unregulated) prices (excluding the amount of electric energy (power) supplied to the population and equated to it by the decision of the Government of the Russian Federation or its Commissioner of the federal executive branch). (Article as amended by the Federal Law of July 26, 2010). N 187-FZ) Article 8. The Organization for the Management of One National (All-Russian) Electric Network and the System Operator are the subsidiaries of open joint-stock companies of the Russian Open Joint Stock Company of Energy and Electrification of the Single Energy The Russian system " established under the following conditions: in the payment of the authorized capital of the organization for the management of a unified national (all-Russia) electric network is made property belonging to the right of ownership to the Russian Federation. Open Joint-Stock Company of Energy and Electrification "Unified Energy System of Russia" in accordance with Article 7 of the Federal Law "On the Electricity Industry" (all-Russia) electric grid; , in the payment of the system operator's authorized capital, is the property owned by the Open Joint Stock Company "Central Movement Control of the Single Energy Company" of the Russian Federation ", and part of the property belonging to owned by the Russian Open Joint Stock Company of Energy and Electrification of the Unified Energy System of Russia and used in the process of dispatch control in the electric power industry. Participation of the Russian Federation in the authorized capital of the organization for the management of a single national (all-Russia) electrical network of at least 52% is achieved no later than the end of the transition. Power reform period. The participation of the Russian Federation in the charter capital of the system operator in the amount of at least 100 per cent is provided no later than the date of the end of the transition period of the electricity sector reform. (In the wording of the Federal Law of 04.11.2007) N 250-FZ) Before the specified amount of participation of the Russian Federation in the authorized capital of the organization for the management of a single national (Russian) electric network and in the authorized capital of the system operator The alienation of their shares and (or) property (except cash) made in payment of their charter capital is not permitted (except for the alienation of these shares in favor of the Russian Federation and the transfer to the municipal authorities). Property of the housing stock, social and Engineering infrastructure). (In the wording of Federal Law of 04.11.2007) N 250-FZ) Later in the period, the Russian Federation controls the management of a single national (all-Russian) electrical network by direct or indirect possession of the Russian Federation The Federation has a share of at least 50 percent plus one voting share in its authorized capital. (In the wording of the Federal Law No. N 35-FZ) Article 9. (Part One has lost power-Federal Law of 05.02.2007 N 13-FZ) In the process of transforming the Russian open joint stock company in energy and electrification of the Unified Energy System of Russia, the share of the Russian Federation is not allowed to decline (if the share is represents more than 50 per cent) in the authorized capital: joint-stock companies holding property rights or otherwise authorized by the federal laws to operate on the day of entry into force strength of this Federal Law; organizations (or successors), to which the said joint-stock companies are subsidiaries. When creating generating companies on the basis of power stations put into operation until the day of the entry into force of the Federal Law The power industry "is not allowed to be included in the property of any of the said companies generating equipment consisting of 35 per cent or more of the installed generating capacity within the price zone of the wholesale market. Article 10. The wholesale market rules provided for in article 21 of the Federal Act on Electricity are not effective until 1 July 2005. The Government of the Russian Federation is monitoring the implementation of the electricity sector reform and the reorganization of the Russian Open Joint Stock Company of Energy and Electrification of the Unified Energy System of Russia. Russian Federation Government informs the State Duma of the Federal Assembly of the Russian Federation and the Federation Council of the Federal Assembly every six months. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 11. In order to ensure state control over the activity of the Board of the market for the operation of the wholesale electricity market (power), the authorized Government of the Russian Federation Executive power: (In the wording of the Federal Law of 04.11.2007) N250-FZ) has the right of veto over the decisions of the governing bodies of the board of the market; (In the wording of Federal Law dated 04.11.2007. N250-FZ { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } directs { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } The advice of the market for which the solution of these issues is addressed; (In the wording of the Federal Law 04.11.2007 N250-FZ) makes a decision on the issues to be addressed to the Council of the market in the event that the authorities do not take a decision on them within 45 days. From the date of the entry into force of the Federal Law "On Electric Power" and during the transition period of the electricity sector reform in the The following representatives participate in the Supervisory Board of the Council : (Federal Act from 04.11.2007 N 250-FZ) Eight representatives, authorized by the Government of the Russian Federation and appointed from among the members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the State Duma Representatives of the Federal Assembly of the Russian Federation, representatives of the federal executive authorities and experts in the electric power industry; (In the wording of the Federal Law from 04.11.2007 N 250-FZ)four representatives of electrical energy sellers; 04.11.2007 N 250-FZ Four representatives of electric energy customers; (Paragraph added-Federal law from 04.11.2007 N 250-FZ)four representatives of business and technological infrastructure organizations. (The paragraph is supplemented by the Federal Law of 04.11.2007). N 250-FZ) The number of business and technological infrastructure representatives is equal. (Part added is the federal law of April 4, 2007. N 250-FZ) Article 12. The cost of services for the operation and development of the unified energy system of Russia will be charged until the end of the transition period of the electricity sector reform. The procedure and conditions for the charging of such fees shall be determined by the Government of the Russian Federation in accordance with federal laws. As of January 1, 2003, the investment component, which is part of the fee for the organization of the operation and development of the Unified Energy System of Russia, is spent on the development of the objects of electric grid and objects OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 13. Thermal power plants, which are the main thermal energy producers in the service region and produce electricity not in demand in the electricity market, within three years from the end of the transition period Electric power reforms may be decommisled only by the decision of the relevant executive authority of the constituent entity of the Russian Federation, in coordination with the Government Plenipotentiary of the Russian Federation The executive branch. In the event of a failure to withdraw the specified capacity, it is simultaneously decided that the necessary arrangements for the conversion of such power plants into boiler rooms or for the construction of alternative sources of heat in the region shall be taken. The financing of these activities can be financed from the budgets of the constituent entities of the Russian Federation or from local budgets or by a special temporary individual price (tariff) at the maximum available generating capacity. Article 14. This Federal Law shall enter into force on the date of its official publication, with the exception of article 3. Article 3 of this Federal Law shall enter into force on 1 January 2004. President of the Russian Federation Vladimir Putin Moscow, Kremlin 26 March 2003 N 36-FZ