The rules for natural gas supply, approved by the National Commission for State Regulation of Energy and Utilities (Resolution No. 2496 dated September 30, 2015, registered with the Ministry of Justice of Ukraine on November 6, 2015, No. 1382/27827), provide that if a consumer incurs debt under a gas supply agreement, a repayment schedule may be agreed upon between the parties (supplier and consumer). This schedule is executed as an appendix to the existing Agreement or as a separate Debt Restructuring Agreement.
If there is no active repayment schedule, the supplier has the right to apply any funds received from the consumer during the current billing period toward the repayment of existing debt according to the order in which it was incurred.
Entering into and complying with an agreed repayment schedule does not release the consumer from fulfilling current obligations under the agreement.
Clause 4.10 of the Standard Gas Supply Agreement for Household Consumers, approved by NKREKP Resolution No. 2500 dated September 30, 2015, registered with the Ministry of Justice of Ukraine on November 6, 2015, No. 1386/27831, states that if a consumer incurs debt for gas supply services under the Agreement, the consumer may submit a request to the Supplier to create a repayment schedule for a period of up to 12 months and, upon the Supplier’s request, provide documents confirming the consumer’s inability to pay. The repayment schedule is formalized as a separate debt restructuring agreement. Entering into and complying with this schedule does not release the consumer from making current payments under the Agreement.
Conclusions:
1. Under current Ukrainian legislation, gas suppliers have the right—but not the obligation—to enter into a debt restructuring agreement with consumers for consumed natural gas;
2. Entering into a debt restructuring agreement is possible only if the consumer is unable to pay for gas supply services and strictly complies with the obligations under the standard gas supply agreement for household consumers.
