Creation of the National Energy and Utilities Regulatory Commission was unconstitutional – CCU

The National Energy and Utilities Regulatory Commission was created by the decree of Petro Poroshenko No.694 dated August 27, 2014. September 22, 2016 – the Verkhovna Rada adopted the Law “On the the National Energy and Utilities Regulatory Commission”, which stipulated that the National Energy and Utilities Regulatory Commission is a permanent independent state collegiate body, whose members are appointed and dismissed by the President.

The Constitutional Court of Ukraine (CCU) recognized that the National Regulatory Commission, was created in an unconstitutional way, its status and the way of its formation do not comply with the Constitution. Dzerkalo Tyzhnya reports it.

The CCU ruled that the President went beyond his constitutional powers, forming the 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.

The National Energy and Utilities Regulatory Commission was also accused of making decisions in the interests of the ex-president, his entourage and certain oligarchic groups, in particular the introduction of the Rotterdam + formula (approved by the National Energy and Utilities Regulatory Commission in March 2016), which resulted in the implementation of high tariffs for the population and industry.

Source: dt.ua

 

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

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