DiXi Group: the new law on the NEURC defines the regulator’s status not clearly enough

The absence of a clear definition of the procedure for interaction between the Government and the energy regulator creates risks for the NEURC’s independent and professional operation.

The Law amending certain laws of Ukraine to uphold constitutional principles in the energy and utility sectors contains an insufficiently clearly defined independent status of the National Energy and Utilities Regulatory Commission (NEURC).

The foregoing is a conclusion stated in DiXi Group’s recommendations concerning the newly-adopted law on constitutionality of the NEURC.

“Article 1 defining the regulator’s status is amended by stating that the NEURC is not an independent public collegiate body but a central body of executive power (CBEP) with a special status. Therefore, the NEURC falls within the scope of application of the Law on Central Bodies of Executive Power. However, amendments to the CBEP Law mention only the inclusion of the NEURC to the list of bodies with this status and the powers of the Cabinet of Ministers of Ukraine (CMU) to appoint its members based on competitive selection results.

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