Navigator Maynytske LLC

General Terms and Conditions of Supply

Rights and Obligations of a Natural Gas Consumer

Rights and Obligations of a Natural Gas Supplier

Minimum Standards and Requirements for the Quality of Consumer Service and Natural Gas Supply

Navigator Maynytske LLC is guided by the norms of current legislation when conducting business activities on the gas market of Ukraine. General Terms and Conditions of Supply, Rights and Obligations of the Supplier and Consumer are determined by the Natural Gas Supply Agreement

The Parties will try to resolve all disagreements arising between the Parties under this Agreement or related to it through negotiations between the Parties and through the use of pre-trial dispute resolution methods. Detailed information can be found in the Dispute Resolution section

Determined individually

Law of Ukraine No. 329-VIII “On the Natural Gas Market” dated 09.04.2015   >>>

This Law defines the legal framework for the functioning of the natural gas market of Ukraine, based on the principles of free competition, proper protection of consumer rights and security of natural gas supply, as well as capable of integration with the natural gas markets of the Energy Community member states, including through the creation of regional natural gas markets.

Law of Ukraine No. 1540-VIII “On the National Commission for State Regulation in the Energy and Utilities Sectors” dated 22.09.2016  >>>

This Law defines the legal status of the National Commission for State Regulation in the Energy and Utilities Sectors, its tasks, functions, powers and the procedure for their implementation.

Resolution of the National Commission for the Regulation of the National Energy and Utilities Commission No. 201 dated 16.02.2017 “On Approval of Licensing Conditions for Conducting Economic Activities in the Natural Gas Market” >>>

The Licensing Conditions have been developed in accordance with the laws of Ukraine “On Natural Monopolies”, “On Licensing of Types of Economic Activities”, “On the Natural Gas Market” and “On the National Commission for State Regulation in the Spheres of Energy and Utilities”.

These Licensing Conditions are mandatory for business entities, regardless of their organizational and legal form and form of ownership, that conduct or intend to conduct economic activities in the transportation of natural gas (hereinafter referred to as economic activities in the transportation of natural gas, licensed activities).

Resolution of the National Commission for the Regulation of the National Energy and Power Sector of Ukraine No. 2496 dated 30.09.2015 “On Approval of the Rules for the Supply of Natural Gas” >>>
These Rules have been developed in accordance with Clause 17 of Part Three of Article 4 of the Law of Ukraine “On the Natural Gas Market” and regulate the relations that arise between suppliers and consumers of natural gas, taking into account their relations with operators of the gas distribution system/gas transportation system (hereinafter referred to as the GDS/GTS Operators). These Rules apply to suppliers, consumers of natural gas - individuals (household consumers), individuals - entrepreneurs, legal entities and GDS/GTS Operators.

Resolution of the National Commission for the Regulation of the Energy and Utilities of Ukraine No. 2493 dated 09.30.2015 “On Approval of the Code of the Gas Transportation System” >>>
This Code has been developed in accordance with the Laws of Ukraine “On the Natural Gas Market”, “On Metrology and Metrological Activities”, “On Pipeline Transport”, “On Oil and Gas”, “On Natural Monopolies” and other regulatory legal acts. The Code is a regulation of the functioning of the gas transportation system of Ukraine and defines the legal, technical, organizational and economic principles of the functioning of the gas transportation system of Ukraine.

This Code applies to all entities of the natural gas market of Ukraine: operators of adjacent systems, gas production enterprises, customers, consumers and suppliers of natural gas, regardless of subordination and form of ownership.

Resolution of the National Commission for the Regulation of the Energy and Utilities of Ukraine No. 2494 dated 09.30.2015 “On Approval of the Code of the Gas Distribution Systems” >>>

This Code has been developed in accordance with the Law of Ukraine “On the Natural Gas Market”. The Code defines the relationship between the gas distribution system operator and natural gas market entities, and also defines the legal, technical, organizational and economic principles of the functioning of gas distribution systems, in particular the conditions for ensuring:

1) reliable and safe operation of gas distribution systems and a guaranteed level of distribution (movement) of natural gas to/from adjacent natural gas market entities of appropriate quality;

2) commercial, including instrument metering of natural gas in the gas distribution system and determination of its volumes and volumes of transmission to/from the gas distribution system, including in terms of natural gas market entities;

3) access of customers to the gas distribution system for connecting their construction facilities or existing facilities to it (technical access conditions);

4) access of natural gas market entities to the gas distribution system for the actual transmission (distribution/consumption) of natural gas belonging to them to/from the gas distribution system (commercial access conditions);

5) mechanisms for interaction between the gas distribution system operator and operators of adjacent systems and other natural gas market entities.

All disputes and disagreements that may arise regarding the interpretation and application of the Natural Gas Supply Agreement or in connection with it, or other disputes that may arise during the interaction between the Supplier and the Consumer will be resolved through negotiations and consultations. In the event that the Parties cannot reach an agreement during the negotiations and consultations, the Parties have the right to apply for dispute resolution to the Regulator or its territorial unit and/or refer the dispute to the commercial courts of Ukraine. Disputes are resolved by the Regulator or its territorial unit in accordance with the procedure approved by the Regulator. Appealing to the Regulator or its territorial unit does not deprive the Parties of the right to resolve the dispute in court.

Functions and powers of the Regulator

The Regulator ensures the protection of the rights and legitimate interests of consumers of goods (services) produced (provided) by business entities operating in the energy and utilities sectors, consideration of appeals of such consumers and settlement of disputes, provision of explanations on the application of regulatory legal acts of the Regulator;

Consideration of complaints and settlement of disputes

1. The Regulator considers consumer complaints regarding the violation of their rights and interests by business entities operating in the energy and utilities sectors, and also resolves disputes arising between business entities operating in the energy and utilities sectors on the following issues:

1) access/connection to electricity, heat and gas networks, oil and product pipelines, centralized water supply and drainage networks;

2) compliance by business entities with licensing conditions;

3)   quality of goods and services provided to consumers in the energy and utilities sectors;

4)  other issues, the consideration of which is attributed by law to the competence of the Regulator.

2.    The Regulator considers consumer complaints in accordance with the Law of Ukraine "On Citizens' Appeals". Disputes arising between business entities operating in the energy and utilities sectors are resolved in accordance with the procedure approved by the Regulator.

3.    When considering complaints and resolving disputes, the Regulator has the right to require business entities operating in the energy and utilities sectors to provide copies of documents, explanations and other information necessary to establish the factual circumstances of the case and resolve disputes.

4. Before making a decision on the merits of the disputed issue, the Regulator may hold preliminary hearings with the involvement of interested parties and, if necessary, conduct unscheduled inspections.

The procedure for conducting preliminary hearings is determined by the Regulator.

5. Based on the results of consideration of the complaint and resolution of disputes, the Regulator shall make a decision on:

1)    termination of the violation by the business entity operating in the energy and utilities sector of the legislation in the relevant sector;

2)    termination of the violation by the business entity operating in the energy and utilities sector of the licensing conditions;

3)     imposition of a fine on the business entity operating in the energy and utilities sector, in accordance with the established procedure;

4) termination of consideration of the applicant's application.

The Regulator's decision shall be provided to the business entity operating in the energy and utilities sector by sending or handing it over against receipt. The decision adopted by the Regulator during the pre-trial consideration of the dispute shall be binding on the parties to the dispute and may be appealed in court.