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To Amend Article 6 Of The Federal Law "on 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

Original Language Title: О внесении изменения в статью 6 Федерального закона "Об особенностях функционирования электроэнергетики в переходный период и о внесении изменений в некоторые законодательные акты Российской Федерации и признании утратившими силу некоторых законодательных

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RUSSIAN FEDERATION FEDERAL LAW amending Article 6 of the Federal Law " On the peculiarities of the functioning of the electricity industry during the transition period and about the introduction changes in some Russian Federation legislative acts and the recognition of certain legislative acts of the Russian Federation in connection with the adoption of the Federal Act Electricity " Adopted by the State Duma on 15 March 2006 "Approved by the Federation Council on 24 March 2006 Article 6 of the Federal Law of March 26, 2003 N 336-FZ " peculiarities of the functioning of the electric power industry during the transitional period and the amendments to some legislative acts of the Russian Federation and the recognition of certain legislative acts of the Russian Federation in connection with the adoption of the law. Federal Electricity Act (Legislative Assembly Russian Federation, 2003, 1178; 2005, N 1, est. (4) The change, as follows: " Article 6. During the transition period, the power sector reform to the power of the Government of the Russian Federation includes: the establishment of the limit of electricity, the sale of which is permitted on a free basis (unregulated) prices for each actor of the wholesale market-the supplier of electric energy; to determine the list of wholesale market zones (hereinafter referred to as price zones of the wholesale market), which coincide with the territory of one or more constituent entities of the Russian Federation, in the limits of which all electric power actors are entitled Implementation of the purchase and sale of electrical energy at free (unregulated) prices. The state regulation of prices (tariffs) remains in relation to the rest of the volume of electricity until the end of the transition period of the electricity sector reform. Before the end of the transition period of the electricity sector reform, the wholesale market of electric energy (power) and the retail market of electric energy function according to the rules of the transition period, which include Establish the characteristics of the participation of suppliers in the wholesale electricity market (capacity) related to the conditions of fuel purchase (the degree of monopolization of the fuel market, regulation of fuel prices). The transitional rules are approved by the Government of the Russian Federation. During the transition period, electric power producers, as determined by the Government of the Russian Federation, are obliged to conclude long-term contracts for the supply of electric energy to the guaranteeing Electric power suppliers that enter into force from the end of the transition period of the electricity sector reform and operate for a period of three years. The Government of the Russian Federation defines the conditions of long-term contracts for the supply of electricity to the guaranteeing suppliers of electric energy, taking into account the following requirements: The necessary amount of electric power under these contracts to ensure the consumption of electricity by the population and to provide public services; on the sale of electrical energy to one or more guaranteeing to suppliers of electrical energy up to 35 per cent Electric energy produced by each manufacturer. The amount specified is determined by the proportion of generating companies in the actual electricity production balance of the previous year's contract; on the determination of the initial price of electric energy, supply under these treaties, in the amount not lower than the tariff for the generating company at the time the contract was concluded by the State Tariff Authority (tariffs); according to the specified contracts, from the average price of electric energy in the wholesale market, with an annual reduction in the difference between the said prices. Since 1 April 2006, legal entities and individual entrepreneurs are prohibited from combining electricity and traffic control activities in the electricity industry with production activities and buying and selling of electric energy, and from the end of the transition period, reforming the power industry to groups of people and affiliated persons within the boundaries of one price zone of the wholesale market. In order to ensure the realization of these requirements, as of 1 April 2006, it is not permitted to have at the same time property rights or otherwise provided for under federal law Implementation of electric power transmission and control activities in the electricity industry and property directly used in the production and buying and selling of electric power. The requirements of this article do not apply to: economic entities operating in technologically isolated territorial power systems, in the absence or restriction of competition, and Also, the economic entities responsible for the operation of electric power facilities, which are technologically not related to the Unified Energy System of Russia or technologically connected to it solely through the electric power systems of foreign countries, States; Electric power transmission and power control activities in the electricity industry solely for their own production needs; territorial network organizations in the event that In accordance with the law of the Russian Federation, they are given the status of guaranteeing the electric energy supplier; and part of property which are grid objects that provide a safe operating regime for nuclear power plants; economic entities that carry out the activities specified in this article using their own The right of ownership, or otherwise provided by federal laws, of power plants and other electric power facilities directly related to each other and (or) to their own power-receiving devices, preferentially to meet their own production needs, The conditions of compliance by such entities of the Government of the Russian Federation with the peculiarities of the functioning of economic entities and subject to their notification of the use of these electric power facilities in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION The activities of individual entrepreneurs-business entities, if they have not met the requirements set out in this article within the specified time limit, shall be terminated by a court of law. The appeal to the arbitration court with a request to terminate the activity of individual entrepreneurs-economic entities is carried out by the authorized Government of the Russian Federation by the federal executive authority. Legal entities-economic entities that have failed to meet the requirements of this article within a specified time period are subject to forced reorganization (in the form of separation or selection) upon the decision of the Commissioner OF THE PRESIDENT OF THE RUSSIAN FEDERATION In case of compulsory reorganization of joint-stock companies, it is planned to distribute the shares of joint-stock companies created during the reorganization among the shareholders of the reorganized societies in proportion to their share in the authorized capital in the restructured societies. Prices for products (work, services) of economic entities that are on the day of the entry into force of the Federal Law "On electric power" Combo these activities, they are subject to state regulation 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 A federal executive body in the order established by the Government of the Russian Federation. ". President of the Russian Federation Vladimir Putin Moscow, Kremlin 31 March 2006 N 54-FZ