Publication date: 11.07.2024
The procedure for obtaining an energy licence
The energy sector is one of the most important sectors of the economy, providing the population and businesses with the necessary resources for life and work. In Ukraine, energy activities require a licence. The licensing procedure ensures control over the quality and safety of energy services, as well as compliance with the law. In this article, we will review the main aspects of the procedure for obtaining an energy licence, the regulatory framework, requirements for applicants and the application procedure.
Legal and regulatory framework
The process of obtaining an energy licence in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Electricity":
- Defines the legal, economic and organisational principles of the electricity industry, sets out requirements for the provision of electricity services, and the rights and obligations of consumers and suppliers.
Law of Ukraine "On the Natural Gas Market":
- Regulates the legal framework for the functioning of the natural gas market, establishes the rights and obligations of market participants, and the conditions for the provision of natural gas supply services.
Law of Ukraine "On Licensing of Economic Activities":
- Regulates licensing of economic activities, including energy activities. The Law establishes general requirements for licensees, the procedure for submitting and reviewing applications for licences, and the grounds for cancellation of licences.
TheLaw of Ukraine "On Heat Supply":
- Defines the legal framework for the operation of heat supply systems, establishes requirements for the provision of heat supply services, and the rights and obligations of consumers and suppliers.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Licensing of Economic Activities for the Production, Transmission and Supply of Electricity":
- Establishes the licensing procedure for electricity generation, transmission and supply activities, requirements for business entities wishing to obtain a licence, and the application procedure.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Licensing of Natural Gas Transportation, Distribution and Supply":
- Sets out the procedure for licensing the transportation, distribution and supply of natural gas, the requirements for business entities wishing to obtain a licence and the application procedure.
Regulation on the Procedure for State Supervision of Compliance with Energy Legislation:
- Defines the procedure for state supervision over compliance with energy legislation, establishes mechanisms for control and liability for violations of the law.
Types of licences for energy activities
There are several types of licences for energy activities in Ukraine, depending on the nature and scope of the activity:
Electricity generation licence:
- A permit to carry out electricity generation activities, including generation at thermal, nuclear, hydroelectric power plants and other facilities.
Electricitytransmission licence:
- A permit to carry out activities related to the transmission of electricity through high-voltage power grids.
ElectricitySupply Licence:
- A permit to carry out activities related to the supply of electricity to consumers, including retail and wholesale supply.
Natural Gas Transmission Licence:
- A permit to carry out activities related to the transportation of natural gas through the gas transmission system.
Natural Gas Distribution Licence:
- A permit to carry out activities for the distribution of natural gas through medium and low pressure networks.
Natural Gas Supply Licence:
- A permit to carry out activities related to the supply of natural gas to consumers, including retail and wholesale supply.
Heat production licence:
- A permit to carry out activities related to the production of heat for the needs of the population and enterprises.
Requirements for applicants
In order to obtain an energy licence, a business entity must meet a number of requirements set by law. The main requirements include:
Organisational and legal form:
- Only legal entities registered in accordance with the laws of Ukraine can obtain an energy licence.
Material and technical base:
- The business entity must have the necessary material and technical base to carry out energy activities, including production facilities, networks, equipment, etc.
Staff qualifications:
- The business entity must have qualified employees with the necessary knowledge and experience to carry out energy activities. The staff must have appropriate education, training and certificates.
Nocriminal record:
- Managers and employees of the business entity should not have any convictions for serious crimes, crimes against life and health, as well as other crimes provided for by law.
Compliance with environmental and sanitary requirements:
- The business entity's activities must comply with the requirements of environmental and sanitary legislation, including safety and labour protection regulations.
The procedure for applying for a licence
The procedure for applying for an energy licence includes several stages:
Preparation of documents:
- The applicant must prepare a package of documents required to obtain a licence. This package includes:
- Application for a licence in the prescribed form.
- Copies of constituent documents (for legal entities).
- A copy of the state registration certificate.
- Documents confirming the availability of the material and technical base.
- Qualification documents of employees.
- Certificate of no criminal record for managers and employees.
- Documents confirming compliance with environmental and sanitary requirements.
- Application for a licence in the prescribed form.
Submission of theapplication:
- The application together with the package of documents is submitted to the relevant licensing authority (for example, the National Energy and Utilities Regulatory Commission). The documents can be submitted in person, by mail or electronically through specialised portals. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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