Adopted by
the State Duma
on March 10, 1995
(in the wording of Federal Laws No. 33-FZ dated February 11, 1999,
No. 6-FZ dated January 10, 2003, No. 38-FZ dated March 26, 2003,
No. 125-FZ dated July 7, 2003, No. 122-FZ dated August 22, 2004,
No. 211-FZ dated December 30, 2004, No. 147-FZ dated December 02, 2005,
No. 184-FZ dated December 26, 2005, No. 199-FZ dated December 31, 2005)
The present Federal Law determines economic, organizational and legal fundamentals of state regulation of electric and thermal energy tariffs in the
Article 1. Fundamental Notions
In this Federal Law the following fundamental notions are used:
tariffs for electric and thermal energy means a system of price rates at which settlements for electric energy (power) and thermal energy (power) are made; for the purposes of this Federal Law, the said notion shall be used proceeding from the sense and particular content of the legal norm;
(in the wording of Federal Law No. 38-FZ dated March 26, 2003)
power supplying organization means a commercial organization that sells generated or purchased electric and (or) thermal energy to consumers;
(in the wording of Federal Law No. 199-FZ dated December 31, 2005)
consumer means a natural person or a legal person that uses electric energy (power) and (or) thermal energy (power);
federal (all-Russia) wholesale electric energy (power) market (hereinafter, the wholesale market) means a sphere where a special commodity - electric energy (power) is traded within the Unified Energy System of Russia within the boundaries of the unified economic space of the Russian Federation with the participation of large producers and large buyers of electric energy that have received the status of wholesale market entities and act on the basis of the wholesale market rules;
(in the wording of Federal Law No. 125-FZ dated July 07, 2003)
wholesale market entities mean legal entities that purchase and sell electric energy (power) and (or) provide services at the wholesale market.
(in the wording of Federal Law No. 125-FZ dated July 07, 2003)
Article 2. Essence of State Regulation of Tariffs
State regulation of electric and thermal energy (power) tariffs (hereinafter also referred to as tariffs) shall be exercised on the basis of principles set forth in this Federal Law by establishing economically justified tariffs (prices, fees for services) for electric and thermal energy and (or) their limits.
(Part I in the wording of Federal Law No. 38-FZ dated March 26, 2003)
The validity period for the set tariffs and (or) their limits shall be not less than one fiscal year if otherwise is not provided by Federal Law or Resolution of the Government of the Russian Federation.
(Part II in the wording of Federal Law No. 199-FZ dated December 31, 2005)
Limits of tariffs for electric and thermal energy supplied by power supplying organizations to consumers, including tariff boundaries for population, shall be established by the Government of the Russian Federation, specifying boundaries for population each year before the State Duma of the Federal Assembly of the Russian Federation adopts a draft federal law on federal budget for the next fiscal year in the first reading and shall be enacted as from the beginning of the said year in accordance with the procedure established by this Federal Law. The said tariff limits may be established by the Government of the
(in the wording of Federal Laws No. 6-FZ dated January 10, 2003, No. 125-FZ dated July 07, 2003, No. 147-FZ dated December 02, 2005)
Bodies of executive power of the constituent entities of the Russian Federation responsible for state regulation of tariffs shall set tariffs for electric and thermal energy supplied by power supplying organizations to consumers, including the population, for the next fiscal year within the said limits before the law of a constituent entity of the Russian Federation on the budget of that constituent entity of the Russian Federation is adopted.
(Part IV is enacted by Federal Law No. 6-FZ dated January 10, 2003)
The said tariffs may not be changed during a fiscal year without simultaneous submission of a draft federal law (law of a constituent entity of the Russian Federation) by the Government of the Russian Federation (body of executive power of the constituent entity of the Russian Federation) for consideration of the State Duma (legislative (representative) body of the constituent entity of the Russian Federation) on introduction of amendments and supplements to the federal law (law of a constituent entity of the Russian Federation) on federal budget (budget of a constituent entity of the Russian Federation) for the current fiscal year.
(Part V is enacted by Federal Law No. 6-FZ dated January 10, 2003)
If the amount of prices (tariffs) for electric energy supplied to population, for the services of natural monopoly entities set by bodies of executive power of the constituent entities of the Russian Federation exceed the limits set by the Government of the Russian Federation, consolidated budgets of the constituent entities of the Russian Federation shall incur the additional costs of consumers financed from the budgets of the respective levels and the costs connected with payment of additional subsidies to the population.
(Part VI is enacted by Federal Law No. 38-FZ dated March 26, 2003)
While regulating tariffs for electric and thermal energy, bodies of state regulation shall take into account the costs of power supplying organizations, including the costs for ensuring current assets, based on the procedure for settlements for electric and thermal energy.
(Part VII is enacted by Federal Law No. 38-FZ dated March 26, 2003)
Payment for electric and thermal energy shall be made for the quantity of electric and thermal energy actually received by a consumer in accordance with the data of electric and thermal energy accounting, unless otherwise provided for by federal laws, other normative legal acts or an agreement of the parties.
(Part VIII is enacted by Federal Law No. 38-FZ dated March 26, 2003)
Payment for electric energy shall be made by consumers before the 15th day of the current month unless otherwise is established by an agreement of the parties.
(Part IX is enacted by Federal Law No. 38-FZ dated March 26, 2003)
State regulation of tariffs may be exercised separately in respect of electric energy supplied to the population within the limits of the social consumption norms and above the social consumption norms.
(Part X is enacted by Federal Law No. 38-FZ dated March 26, 2003)
Whenever beneficial electric and thermal energy tariffs regulated in accordance with this Federal Law are set for individual consumers, rise of electric and thermal energy tariffs for other consumers is not allowed.
(Part XI in the wording of Federal Law No. 38-FZ dated March 26, 2003)
Article 3. Purposes of State Regulation of Tariffs
State regulation of tariffs is realized with the purposes of:
(in the wording of Federal Law No. 38-FZ dated March 26, 2003)
protecting economic interests of consumers against monopolistic increase of tariffs;
creation of a mechanism to reconcile interests of producers and consumers of electric and thermal energy;
formation of a competitive environment in the electric energy industry to improve the efficiency of its functioning and minimize tariffs;
creation of economic incentives that ensure the use of power saving technologies in production processes;
ensuring equal access to the wholesale market for legal entities generating electric energy (power), irrespective of organizational legal forms.
(in the wording of Federal Law No. 125-FZ dated July 7, 2003)
Article 4. Principles of State Regulation of Tariffs
State regulation of tariffs shall comply with the following basic principles:
ensuring the balance of economic interests of suppliers and consumers of electric and thermal energy on the basis of availability of the said energy types while ensuring economically substantiated rate of return on the investment capital invested in generation and transmission of electric and thermal energy and activities related to operational dispatch control in the electric energy industry;
(in the wording of Federal Law No. 38-FZ dated March 26, 2003)
determining the economic substantiation of planned (settlement) cost prices and profit when calculating and approving tariffs;
ensuring openness and accessibility of information for consumers, including population, concerning the procedure of consideration and approval of tariffs in accordance with information disclosure standards established by the Government of the Russian Federation and setting forth the mandatory nature of publication of disclosed information in the official mass media in which official materials of the bodies of state power are published in accordance with federal laws and laws of the constituent entities of the Russian Federation;
(in the wording of Federal Law No. 38-FZ dated March 26, 2003)
ensuring the economic substantiation of costs incurred by commercial organizations for generation, transmission and distribution of electric and thermal energy;
providing commercial organizations in the sphere of generation, transmission and distribution of electric and thermal energy with financial funds for development of production, scientific, technical and social development, including funds allocated for power saving and ensuring energy, technical and environmental safety (including nuclear and radiation safety) of the Russian Federation, which is carried out by attracting borrowed funds, private investments, funds of commercial organizations (investment funds, insurance funds, research and development funds) and other funds;
creating conditions for attracting domestic and foreign investments;
determining the amount of funds allocated for payment of labor in accordance with branch tariff agreements;
selection of power equipment suppliers and contractors for energy and electric energy grid construction on a competitive basis;
accounting the results of activities of power supplying organizations based upon the results of work during the validity period of previously approved tariffs;
the paragraph has lost its force. - Federal Law No. 211-FZ dated December 30, 2004.
Article 5. Authorities of Federal Bodies of Executive Power in the Field of State Regulation of Tariffs
(in the wording of Federal Law No. 38-FZ dated March 26, 2003)
In the field of state regulation of tariffs, the Government of the
(in the wording of Federal Law No. 122-FZ dated August 22, 2004)
approve normative methodological basis of activities of bodies of executive power in respect of state regulation of tariffs;
establish pricing fundamentals for electric and thermal energy in the territory of the Russian Federation, including the procedure for determining the price of electric energy sold in the wholesale electric energy (power) market at regulated prices, taking into account regional specific features of tariff formation in the wholesale market;
approve state regulation rules and use of tariffs for electric and thermal energy;
determine the procedure for consideration of dissent arising among bodies of executive power of the constituent entities of the Russian Federation, organizations that conduct regulated types of activities and consumers, as well as the amount of and procedure for payment of the levy payable while submitting the said dissent for consideration;
establish the procedure for determining a fee for technological connection to electric grids;
establish criteria for determining electric energy producers that have the right to sell it at nonregulated prices;
develop and approve a unified system of classification and separate accounting of costs by type of activities of power supplying organizations as well as a system of reports to be submitted to the federal body of executive power responsible for tariff regulation;
(in the wording of Federal Law No. 122-FZ dated August 22, 2004)
determine the marginal volume of and procedure for selling electric energy (power) in the wholesale electric energy (power) market at nonregulated prices;
draw up a consolidated projected balance of generation and supplies of electric energy (power) within the Unified Energy System of Russia by constituent entities of the Russian Federation taking into account the projected fuel balance, trends of power industry development for the needs of housing and public utilities, specific features of supplying products (commodities) to areas with restricted supply deadlines, and other factors;
exercise control of using investment resources included in tariffs regulated by the state;
(in the wording of Federal Law No. 199-FZ dated December 31, 2005)
determine a list of services related to organizing the functioning and development of the Unified Energy System of Russia, set the amount of subscription fee for the said services and determine the procedure for their payment;
set tariffs for services related to organizing the functioning the electric energy (power) wholesale market trading system;
set prices (tariffs) for services related to ensuring the system reliability;
set a fee for technological connection to electric grids, referred to the unified national (all-Russia) power-supply system;
(in the wording of Federal Law No. 199-FZ dated December 31, 2005)
set tariffs for electric energy transmission services and their marginal (minimum and (or) maximum) levels in the procedure established by this Federal Law;
set tariffs for operating dispatch control services in the electric power industry;
set tariffs or their marginal (minimum and (or) maximum) levels for electric energy sold by producers in the wholesale electric energy (power) market, except for selling electric energy by them at nonregulated prices in the volume and in the procedure that are established by the Government of the Russian Federation;
set marginal (minimum and (or) maximum) levels of prices for electric energy sold by producers in the wholesale electric energy (power) market at nonregulated prices in the cases and in the procedure that are established by the Government of the Russian Federation;
determine the volume of funds required to ensure the safety of functioning and development of nuclear electric energy plants, which is taken into account while setting tariffs or their marginal (minimum and (or) maximum) levels for electric energy sold by producers possessing the said nuclear electric energy plants in the wholesale electric energy (power) market;
establish limit (minimum and (or) maximum) levels of tariffs for electric energy supplied by power supplying organizations to consumers, including electric energy sold at noncontrollable prices;
set marginal (minimum and (or) maximum) levels of tariffs for thermal energy generated by power plants cogenerating electric and thermal energy;
consider controversies arising among bodies of executive power of the constituent entities of the Russian Federation in the field of state regulation of tariffs, organizations conducting regulated types of activities and consumers, and adopt binding decisions;
perform control of application of state regulated prices (tariffs) and audit business of organizations carrying out activities in the sphere of regulated pricing, to the extent of ascertaining whether the amount of the said prices (tariffs) is substantiated and their application is correct;
(in the wording of Federal Law No. 125-FZ dated July 7, 2003)
agree decisions of bodies of executive power of the constituent entities of the
(this paragraph is enacted by Federal Law No. 125-FZ dated July 7, 2003)
establish limit (minimum and (or) maximum) levels of tariffs for thermal energy, except for thermal energy generated by power plants cogenerating electric and thermal energy.
(this paragraph is enacted by Federal Law No. 184-FZ dated December 26, 2005)
The Government of the
(in the wording of Federal Law No. 122-FZ dated August 22, 2004)
Article 6. Authorities of Bodies of Executive Power of Constituent Entities of the
(in the wording of Federal Law No. 122-FZ dated August 22, 2004)
(in the wording of Federal Law No. 38-FZ dated March 26, 2003)
Bodies of executive power of the constituent entities of the
set tariffs for electric energy transmission services via distribution grids within the marginal (minimum and (or) maximum) levels of tariffs set by the federal body of executive power responsible for regulation of tariffs for electric energy transmission services via distribution grids as well as tariffs for thermal energy transmission services;
(in the wording of Federal Laws No. 122-FZ dated August 22, 2004, No. 199-FZ dated December 31, 2005)
set supply-related markups of guaranteeing suppliers of electric energy;
establish tariffs for thermal energy, except for that generated by power plants cogenerating electric and thermal energy, within the limits of marginal (minimum and (or) maximum) levels of tariffs set by the federal body of executive power responsible for regulation of tariffs for thermal energy, except for that generated by power plants cogenerating electric and thermal energy;
(in the wording of Federal Law No. No. 184-FZ dated December 26, 2005)
establish tariffs for thermal energy generated by power plants cogenerating electric and thermal energy, within the limits of marginal (minimum and (or) maximum) levels of tariffs set by the federal body of executive power responsible for regulation of tariffs for thermal energy, generated by power plants cogenerating electric and thermal energy;
(in the wording of Federal Law No. 122-FZ dated August 22, 2004)
establish tariffs for electric energy supplied by power supplying organizations to consumers, within the limits of marginal (minimum and (or) maximum) levels of tariffs set by the federal body of executive power responsible for regulation of tariffs, except for electric energy sold at noncontrollable prices;
(in the wording of Federal Law No. 122-FZ dated August 22, 2004)
exercise control of application of prices (tariffs) regulated by them and carry out verifications of business activities of organizations conducting activities in the sphere of regulated pricing to the extent of ascertaining whether the amount of the said prices (tariffs) is substantiated and their application is correct;
participate in forming a consolidated projected balance of generation and supplies of electric energy (power) within the Unified Energy System of Russia by constituent entities of the
establish fee for technological connection to distribution electric grids;
(the paragraph is enacted by Federal Law No. 199-FZ dated December 31, 2005)
in accordance with the procedure defined by the Government of the
(the paragraph is enacted by Federal Law No. 199-FZ dated December 31, 2005)
The said tariffs shall be regulated in accordance with the pricing fundamentals for electric and thermal energy in the territory of the Russian Federation, rules for state regulation and application of tariffs for electric and thermal energy and other normative legal acts and methodological instructions approved by the Government of the Russian Federation or the federal body of executive power in the field of regulation of tariffs. A decision of the body of executive power of the constituent entity of the Russian Federation in the field of state regulation of tariffs on approval by it of tariffs whose level exceeds the maximum level or is lower than the minimum level established by the Government of the Russian Federation or an authorized federal body of executive power, shall be agreed upon with the federal body of executive power regulating tariffs, which shall be executed in the procedure established by the rules for state regulation and application of tariffs for electric and thermal energy before the said decision is adopted by the body of executive power of the constituent entity of the Russian Federation. The aforesaid decision shall be agreed upon by the federal body of executive power regulating natural monopolies no later than within 30 calendar days from the date of request of the body of executive power of the constituent entity of the
(in the wording of Federal Laws No. 125-FZ dated July 7, 2003, No. 122-FZ dated August 22, 2004, No. 199-FZ dated December 31, 2005)
The body of executive power of the constituent entity of the
Appointment to and removal from the office of the head of the body of executive power of the constituent entity of the Russian Federation in the field of state regulation of tariffs shall be carried out upon agreement with the federal body of executive power in the field of regulation of tariffs.
(in the wording of Federal Law No. 122-FZ dated August 22, 2004)
Local self-government bodies in accordance with the law of the constituent entity of the Russian Federation can be authorized to exercise the state regulation of tariffs for thermal energy (except for that generated by power plants cogenerating electric and thermal energy) supplied directly by thermal energy sources that ensure the supply of thermal energy to consumers situated in the territory of one municipal entity.
(in the wording of Federal Law No. 122-FZ dated August 22, 2004)
A decision of a body of local self-government adopted in exercise of the authority transferred to it in accordance with this Article and contradicting the legislation of the Russian Federation on the electric energy industry or made in excess of the competence granted to it shall be subject to cancellation by the respective body of executive power of the constituent entity of the Russian Federation in the procedure established by the Government of the Russian Federation.
Part VII has lost its force. - Federal Law No. 211-FZ dated December 30, 2004.
Part VIII of article 6 becomes effective since January 1, 2006 (Federal Law No. 211-FZ dated December 30, 2004).
Bodies of local self-government shall set markups to the tariffs for electric and thermal energy supplied by power supplying organizations to consumers (markups to prices (tariffs) for the consumers of commodities and services provided by the public utility organizations), markups to the tariffs for commodities and services provided by the public utility organizations producing commodities and services in the field of electric and (or) thermal energy supply, for the subscription tariffs of these organizations and for the subscription tariffs of utilities infrastructure systems in the field of electric and (or) thermal energy supply in accordance with the legislation of the Russian Federation defining the fundamentals for the regulation of tariffs of public utility organizations.
(Part VIII is enacted by Federal Law No. 211-FZ dated December 30, 2004)
Part IX of article 6 becomes effective since January 1, 2009 (Federal Law No. 211-FZ dated December 30, 2004).
The cost of electric and thermal energy for consumers calculated with account for the said tariffs and markups referred to in part eight of this Article may exceed limits of tariffs for electric and thermal energy set in accordance with Article 2 of this Federal Law as well as other tariff limits (prices) set in accordance with the legislation of the Russian Federation.
(Part IX is enacted by Federal Law No. 211-FZ dated December 30, 2004)
Article 7. Financing the Federal Body of Executive Power in the Field of Regulation of Tariffs and Bodies of Executive Power of Constituent Entities of the
(in the wording of Federal Law No. 122-FZ dated August 22, 2004)
(in the wording of Federal Law No. 38-FZ dated March 26, 2003)
The federal body of executive power in the field of regulation of tariffs and bodies of executive power of the constituent entities of the Russian Federation in the field of state regulation of tariffs shall be financed at the expense of funds envisaged for these purposes by the federal budget and budgets of the constituent entities of the Russian Federation, respectively.
(in the wording of Federal Law No. 122-FZ dated August 22, 2004)
Part II has lost its force. - Federal Law No. 122-FZ dated August 22, 2004.
Article 7.1. Resolution of Disputes, Arising in Exercising State Regulation of Tariffs for Electric and Thermal energy
(is enacted by Federal Law No. 125-FZ dated July 7, 2003)
Disputes connected with exercising state regulation of tariffs for electric and thermal energy shall be considered in the arbitration court.
Articles 8 - 15. Excluded. - Federal Law No. 38-FZ dated March 26, 2003.
Article 16. Bringing Normative Legal Acts in Compliance with the present Federal Law
Legal acts of the President of the Russian Federation, Government of the Russian Federation, normative legal acts of federal bodies of executive power, normative legal acts of the constituent entities of the Russian Federation on issues of state regulation of tariffs shall be brought in compliance with this Federal Law within three months from the day of its coming into effect.
Article 17. Entry of the present Federal Law into Force
This Federal Law shall come into force from the day of its official publication.
President
of the
April 14, 1995
No. 41-FZ