1. Energy Regulatory Partnership Program of the National Association of Regulatory Utility Commissioners with the National Commission Exercising State Regulation in the Sphere of Energy The fifth visit in the framework of the Partnership Program PROCESS OF APPEALING DECISIONS OF THE REGULATORY BODY – the senior specialist – lawyer- of legal support department and expertise Olga Zhitchenko Energy Regulatory Partnership Program of the National Association of Regulatory Utility Commissioners with the National Commission Exercising State Regulation in the Sphere of Energy The fifth visit in the framework of the Partnership Program PROCESS OF APPEALING DECISIONS OF THE REGULATORY BODY 21-25.05.2012 Kiev, Speaker – the senior specialist – lawyer- of legal support department and expertise Olga Zhitchenko

2. Regulatory-legal base for appealing decisions of the regulatory body The Constitution of Ukraine, where it is determined that justice in Ukraine is carried out exclusively by courts whose jurisdiction covers all legal relations, which appear in the state; The Constitution of Ukraine, where it is determined that justice in Ukraine is carried out exclusively by courts whose jurisdiction covers all legal relations, which appear in the state; The Code of Administrative Court Proceedings of Ukraine, which determines the order, the procedure and terms for appealing decisions of the regulatory body; The Code of Administrative Court Proceedings of Ukraine, which determines the order, the procedure and terms for appealing decisions of the regulatory body; Regulations on NERC, where it is determined that decisions of the Commission can be appealed according to the legally set procedure; Regulations on NERC, where it is determined that decisions of the Commission can be appealed according to the legally set procedure; Explanations of Supreme Specialized Courts of Ukraine, which are not of imperative nature, but which are taken into consideration when judicial bodies make their decisions. Explanations of Supreme Specialized Courts of Ukraine, which are not of imperative nature, but which are taken into consideration when judicial bodies make their decisions.

3. Procedure and order of appealing decisions of the regulatory body Absolutely all decisions of the regulatory body can be appealed only in a judicial proceeding. Absolutely all decisions of the regulatory body can be appealed only in a judicial proceeding. Decisions of the regulatory body are appealed by means of filing a complaint to a court of first instance. Decisions of the regulatory body are appealed by means of filing a complaint to a court of first instance. A reason for appealing the decision can be either violation of the procedure of its issuance, or the very essence of the decision, or both – the procedure and the essence of the decision at the same time. A reason for appealing the decision can be either violation of the procedure of its issuance, or the very essence of the decision, or both – the procedure and the essence of the decision at the same time. For appealing decisions of the regulatory body a six month period is set starting from the moment such a decision is made, or from the time the decision came into legal effect. For appealing decisions of the regulatory body a six month period is set starting from the moment such a decision is made, or from the time the decision came into legal effect.

4. For the period of judicial examination of the issue of legality of the decision made by the regulatory body its execution is suspended exclusively if the court issues a decision on securing the claim. For the period of judicial examination of the issue of legality of the decision made by the regulatory body its execution is suspended exclusively if the court issues a decision on securing the claim. After the first instance court issues a decision, the party of the dispute, which disagrees with the decision, within 10 days has the right to file an appeal to a court of appeal. After the first instance court issues a decision, the party of the dispute, which disagrees with the decision, within 10 days has the right to file an appeal to a court of appeal. If such a complaint has not been filed, the decision of the court of first instance is considered to be the one that came into legal effect. If such a complaint has not been filed, the decision of the court of first instance is considered to be the one that came into legal effect. Meanwhile, the side that does not agree with the decision issued by the court of appeal has the right within 20 days from the moment of its issuance to file and complaint to a cassational court. Meanwhile, the side that does not agree with the decision issued by the court of appeal has the right within 20 days from the moment of its issuance to file and complaint to a cassational court. The decision of the cassational court comes into effect from the moment it is issued. The decision of the cassational court comes into effect from the moment it is issued.

5. Decisions of the cassational court can be appealed in the Supreme Court in exceptional cases. Decisions of the cassational court can be appealed in the Supreme Court in exceptional cases. In case when based on the results of examination of a dispute a decree is issued on recognizing as invalid the decision of the regulatory body, which came into legal effect, the latter has to cancel it. In case when based on the results of examination of a dispute a decree is issued on recognizing as invalid the decision of the regulatory body, which came into legal effect, the latter has to cancel it. Meanwhile, rights, freedoms and interests of the complainant recognized by the court as being infringed as a result of the decision made by the regulatory body have to be restored in the fullest extent. Meanwhile, rights, freedoms and interests of the complainant recognized by the court as being infringed as a result of the decision made by the regulatory body have to be restored in the fullest extent.

6. THANK YOU FOR ATTENTION! Olga Zhitchenko