It is necessary to amend the law on the National Energy and Utilities Regulatory Commission until 2020 – CCU

The Constitutional Court of Ukraine, which declared unconstitutional a number of provisions of the law “On the National Energy and Utilities Regulatory Commission”, ruled that it would become inoperative from December 31, 2019.

“Considering that the legal consequence of declaring unconstitutional certain provisions of the law there will be significant gaps in the legislation..., which may make its functioning impossible..., the CCU recognized it necessary to postpone the termination of the relevant provisions of the law to bring the current legislation in this part in line with the requirements of the Constitution”, the court said.

Recall that the Constitutional Court of Ukraine recognized the National Energy and Utilities Regulatory Commission was created in an unconstitutional way, its status and the way of forming does not comply with the Constitution. 

The CCU ruled that the President went beyond his constitutional powers, forming the National Energy and Utilities Regulatory Commission, as the powers do not provide for his right to form such bodies. The Constitution also does not give the President the right to appoint and dismiss members of the Commission.

The Constitutional Court also ruled that the status of the National Energy and Utilities Regulatory Commission does not comply with the Constitution. In terms of its functions, tasks and powers, the National Energy and Utilities Regulatory Commission is essentially the central executive body, and therefore, in accordance with the Constitution, the law must determine its status, which provides for the incorporation of the National Energy and Utilities Regulatory Commission into the system of executive bodies and management of its work by the Cabinet of Ministers.

Source: reform.energy

Tags: The Cabinet of Ministers, contracts, tariffs, court, legislation, electricity, NEURC

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