The letter of the National commission of regulation of power industry of Ukraine from 29.12.2005 of No. 03-34-09/6204.
The national commission of regulation of power industry of Ukraine on inquiry from 03.11.2005 N 24/5123 and from 15.11.2005 N 24/5306 concerning realization of privileges on payment for the consumed electric energy employees of agro-industrial complex and within the competence reports the following about granting explanations of the current legislation of Ukraine.
By article 12 of the Law of Ukraine "About priority of social development of the village and agro-industrial complex in a national economy" it is defined that rural dwellers and the employees of agro-industrial complex living in settlements of city type, use the electric power on reduced rates. The quantity of the electric power which is paid for reduced rates, is established by the Government.
These privileges extend also on pensioners whom before a retirement not less than 15 years worked in agricultural production and the social sphere of the village and have personal account on housing use, and also workers of country (farmer) farms, state farms, collective and other agricultural enterprises who live in the cities of regional and regional submission.
According to point 1.6. An order of application of electricity tariffs which is released to the population and the settlements, approved by the resolution of the National commission of regulation of power industry of Ukraine from 10.03.1999 N 309 (in resolution NKRE edition from 10.07.2002 N 758 and registered in the Ministry of Justice of Ukraine 10.03.1999 for N 152/3445 (further – the Order), electric power holiday to employees of agro-industrial complex who live in settlements of city type, to workers of country (farmer) farms, state farms (gosxozov), collective and other agricultural enterprises which live in the cities of regional and regional submission, and also to pensioners whom before a retirement not less than 15 years worked in branch of agricultural production and the social sphere of the village and have the personal account on housing use, is carried out on a tariff of 12,0 kopeks. for 1 kVt.chas (except the houses equipped with kitchen electric stoves, electroheating installations) and on a tariff of 10,0 kopeks for 1 kVt.chas – in the houses equipped with kitchen electric stoves, electroheating installations.
Considering given standards of the current legislation of Ukraine, it is possible to draw a conclusion that existence of personal account on housing use at application of tariffs at a rate of 12,0 kopeks for 1 kVt.chas (10,0 kopeks for 1 kVt.chas respectively) is one of indispensable conditions only for pensioners.
The paragraph of the third point 31 of Instructions for use electric energy for the population, approved by the resolution of Cabinet council of Ukraine from 26.07.1999 N 1357, is established that the consumer who has some privileges, can elect one, a big privilege after the size.
Besides, by Point 1.7 of the Order it is also provided that under a condition if the subscriber has the right to some privileges at the same time, one of privileges at its choice is provided to it only.
Thus consider expedient to pay attention, that it is necessary to understand a tariff as a reduced rate taking into account a percentage discount from the established tariff for electric energy within the norms provided by the current legislation, for separate categories of citizens.
So, for example, Laws of Ukraine "About the status of veterans of war, guarantees of their social protection", "About the status and social protection of citizens which suffered owing to Chernobyl accident" established privileges in the form of certain percentage discounts for using utilities, in particular by electric energy, for accurately certain separate categories of persons.
Thus, the privileges established by the current legislation for consumption of electric energy to employees of agro-industrial complex who live in settlements of city type, to workers of country (farmer) farms, state farms (gosxozov), collective and other agricultural enterprises which live in the cities of regional and regional submission, and also to pensioners whom before a retirement not less than 15 years worked in the field of agricultural production and the social sphere of the village and have personal account on housing use on which on their status action of the relevant laws also extends, should be provided proceeding from a tariff established for this category of persons, i.e. 12,0 kopeks for 1 kVt.chas (10,0 kopeks for 1 kVt.chas).
Besides, it is necessary to notice that by provisions of the mentioned Laws of Ukraine it is provided that privileges (the corresponding percentage discounts of a payment for using electric energy) are provided within average norms of consumption; within norms established by the legislation.
So, provisions of the resolution of Cabinet council of Ukraine from August 1 1996g. N 879 "About setting standards of using by housing-and-municipal services by citizens which have privileges on their payment" are established norms within which the privileges provided by the legislation, in particular for consumption of electric energy for household needs are provided to citizens.
Considering stated, provisions of this resolution of Cabinet council of Ukraine are applied at establishment of privileges to category of the persons defined in point 1.6 specified above Order.
At the same time we report that relatively realization of privileges on payment for the consumed electric energy according to the resolution of Cabinet council of Ukraine from August 1, 1996 of N 879 the State committee on housing and communal services and Ministry of Fuel and Energy of Ukraine should carry out an explanation within the competence.
YU. KIYASHKO, member of the commission.