SAEE Statute

ADOPTED 
with Resolution of the Cabinet of Ministers 
№ 676 of 26 November 2014

 

REGULATION 
on the State Agency for Energy Efficiency and Energy Saving of Ukraine

1. The State Agency for Energy Efficiency and Energy Saving of Ukraine (SAEE) is the central executive body whose activities are directed and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Energy and Environmental Protection, and which implements state policy in the field of efficient use of fuel and energy resources, energy saving, renewable energy sources and alternative fuels.

2. In its activities SAEE is governed by the Constitution and laws of Ukraine, decrees of the President of Ukraine and resolutions of the Verkhovna Rada of Ukraine, adopted in accordance with the Constitution and laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, other acts of legislation and this Regulation.

3. SAEE’s main tasks are:

1) implementation of the state policy in the field of efficient use of fuel and energy resources, energy saving, renewable energy sources and alternative fuels;

2) ensuring an increase in the share of renewable energy sources and alternative fuels in the energy balance of Ukraine;

3) provision of administrative services in the relevant sphere;

4) submitting proposals to ensure development of the state policy in this area to the Minister of Energy and Environmental Protection.

4. Under its tasks SAEE:

1) generalizes practices of application of legislation on matters within its competence, develops proposals for improvement of legislative acts, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine and the Ministry of Energy and Environmental Protection (MEEP) and submits them to the Minister of Energy and Environmental Protection;

2) develops, coordinates and controls implementation of state target programs in the field of efficient use of fuel and energy resources, energy saving, renewable energy sources and alternative fuels; coordinates sectoral, regional and local programs in this sphere;

3) implements public-private partnership in the field of efficient use of fuel and energy resources, energy saving, renewable energy sources and alternative fuels;

4) ensures qualification of cogeneration units;

5) issues documents certifying that a fuel is an alternative fuel;

6) ensures creation and operation of the state system of monitoring of indicators of the energy balance of Ukraine;

7) conducts a state expert examination on energy saving in accordance with the procedure established by the legislation;

8) ensures creation and operation of energy audit and introduction of energy management;

9) monitors the effective use of fuel and energy resources, renewable energy sources and alternative fuels;

10) ensures development of state norms, rules, technical regulations in the field of efficient use of fuel and energy resources, energy saving, renewable energy sources and alternative fuels;

{Sub-clause 11 of clause 4 is excluded on the basis of Resolution of the Cabinet of Ministers No. 643 of 23.08.2017}

12) keeps the register of alternative fuels;

13) participates in development of sustainability criteria for liquid and gaseous fuels produced from biomass;

14) develops technical requirements for production and use of biofuels and bioliquids with reduced emissions of greenhouse gases;

15) ensures the operation of the system of energy labelling of household electrical equipment;

16) participates in preparation of international treaties of Ukraine and, in accordance with the law, ensures their implementation; in accordance with the law concludes inter-agency level international treaties of Ukraine; ensures adaptation of the national legislation to the EU legislation on matters within its competence; within the limits of the powers envisaged by law, performs measures for implementation in national legislation of provisions of international treaties to which Ukraine is a party; carries out international cooperation on matters within its competence;

17) takes part, within the scope of its powers, in establishing cooperation between Ukraine and the European Union, in particular as regards implementation of the Association Agreement between Ukraine, on one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, in the field of effective use fuel and energy resources, energy saving, renewable energy sources and alternative fuels;

18) carries out awareness raising activities on popularization of economic, ecological and social advantages of effective use of fuel and energy resources, energy saving, renewable energy sources and alternative fuels;

19) participates in organization of training and prepares proposals for improvement of the system of training and retraining of specialists in the field of efficient use of fuel and energy resources, energy saving, renewable energy sources and alternative fuels;

20) develops proposals concerning:

introduction of a mechanism for stimulating energy saving, efficient use of fuel and energy resources, renewable energy sources and alternative fuels, and monitoring their application;

improvement of energy efficiency of buildings;

provision of energy services and monitoring of their effectiveness;

implementation of international experience, in particular that of EU member states, in the field of efficient use of fuel and energy resources, energy saving, renewable energy sources and alternative fuels;

21) within the limits of powers stipulated by law, provides creation of state support funds in the field of efficient use of fuel and energy resources, energy saving, renewable energy sources and alternative fuels;

22) carries out consideration of petitions of citizens on issues related to SAEE activities, as well as petitions of enterprises, institutions and organizations belonging to its sphere of management;

23) carries out other powers specified by law.

5. In order to organize its activities, SAEE:

1) ensures, within the limits of powers envisaged by the law, the implementation of measures for prevention of corruption and control over their implementation in SAEE, enterprises, institutions and organizations belonging to its sphere of management;

2) carries out selection of personnel for SAEE and to managerial positions in enterprises, institutions and organizations belonging to the sphere of its management, organizes work on training, retraining and advanced training of civil servants and employees of SAEE;

3) organizes planning and budgeting work in the administrative office of SAEE, at enterprises, institutions and organizations belonging to the sphere of its management, exercises control over the use of financial and material resources, ensures organization and improvement of accounting in the manner prescribed by law;

4) within the limits of powers stipulated by law, together with relevant central executive authorities, ensures control over the targeted and effective use of state funds provided for implementation of projects and programs;

5) acts as the public procurement authority for scientific research on matters that fall within its competence;

6) acts as the public contracting authority for scientific research on matters that fall within its competence;

7) organizes keeping of records and archives in accordance with the established rules.

6. For purposes of implementation of its tasks, SAEE has the right to:

1) receive information, documents and materials necessary for performance of its tasks from state authorities and bodies of local self-government, enterprises, institutions and organizations, irrespective of the form of ownership, and their officials, as well as citizens and their associations;

2) hold scientific conferences, seminars, exhibitions in Ukraine and abroad on matters that fall within its competence;

3) use relevant information databases of state bodies, the government system of intra-government communications and other technical means.

{Clause 7 is excluded on the basis of Resolution of the Cabinet of Ministers No. 4 of 14.01.2015}

8. When performing its tasks, SAEE interacts with other state bodies, subsidiary bodies and services created by the President of Ukraine, temporary advisory, consultative and other subsidiary bodies formed by the Cabinet of Ministers of Ukraine, local self-government bodies, citizens' associations, CSOs , relevant bodies of foreign states and international organizations, trade unions and organizations of employers, as well as enterprises, institutions and organizations.

9. SAEE, within the scope of its powers, on the basis of and pursuant to the Constitution and laws of Ukraine, acts of the President of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted in accordance with the Constitution and laws of Ukraine, acts of the Cabinet of Ministers of Ukraine and orders of MEEP, issues orders of organizational and administrative nature, organizes and controls their implementation.

10. SAEE is chaired by the Head who is appointed and dismissed by the Cabinet of Ministers of Ukraine based on the proposal of the Commission on the Issues of the Senior Civil Service.

The Commission on the Issues of the Senior Civil Service submits proposals to the Cabinet of Ministers of Ukraine for appointment to the position of the Head of the State Agency for Energy Efficiency and Energy Saving of Ukraine based on results of the contest in accordance with the law on civil service.

11. The Head of SAEE:

1) leads SAEE, manages its activities, represents it in relations with other bodies, enterprises, institutions, organizations in Ukraine and abroad;

2) organizes and controls the implementation of the Constitution and laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, decrees of MEEP, on issues within the competence of SAEE, in the SAEE administrative office;

3) makes proposals to the Minister of Energy and Environmental Protection as regards shaping of the state policy in the field of efficient use of fuel and energy resources, energy saving, renewable energy sources and alternative fuels, in particular prepared by SAEE draft laws, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, orders of MEEP, as well as its opinions regarding drafts prepared by other ministries

4) submits its work plans to the Minister of Energy and Environmental Protection for subsequent approval;

5) ensures implementation by SAEE of orders of MEEP and instructions of the Minister of Energy and Environmental Protection on issues falling within the competence of SAEE;

6) reports to the Minister of Energy and Environmental Protection on implementation of SAEE work plans and its tasks, on elimination of violations and shortcomings detected during inspections of SAEE, as well as on holding officials accountable for their violations;

{Sub-clause 7 of Clause 11 is excluded on the basis of Resolution of the Cabinet of Ministers No. 4 of 14.01.2015}

{Sub-clause 8 of Clause 11 is excluded on the basis of Resolution of the Cabinet of Ministers No. 4 of 14.01.2015}

9) establishes, liquidates, reorganizes enterprises, institutions, organizations, approves their regulations (statutes), in the prescribed manner appoints and dismisses their heads, exercises within his/her powers other functions for management of state-owned objects belonging to the sphere of SAEE's management;

10) encourages and disciplines heads of enterprises, institutions and organizations belonging to the sphere of SAEE's management;

{Sub-clause 11 of Clause 11 is excluded on the basis of Resolution of the Cabinet of Ministers No. 4 of 14.01.2015}

12) ensures the interaction of SAEE with the structural unit of MEEP, responsible for the interaction with SAEE, as designated by the Minister of Energy and Environmental Protection;

13) ensures observance of the procedure of information exchange between MEEP and SAEE, as established by the Minister of Energy and Environmental Protection, and timeliness of information submission;

14) appoints and dismisses, in accordance with the procedure provided by the legislation on civil service, civil servants of the SAEE administrative office (unless law provides otherwise);

15) appoints and dismisses, in accordance with the procedure provided by the labour legislation, SAEE employees;

16) makes a submission, in accordance with the established procedure, regarding honouring of SAEE civil servants and employees with state awards;

17) in accordance with the established procedure, resolves issues concerning promotion and disciplining of SAEE civil servants and employees, assigns them with the rank of civil servants, unless otherwise provided by law;

18) establishes departmental incentive honours and decides on awarding them;

{Sub-clause 19 of Clause 11 is excluded on the basis of Resolution of the Cabinet of Ministers No. 643 of 23.08.2017}

{Sub-clause 20 of Clause 11 is excluded on the basis of Resolution of the Cabinet of Ministers No. 643 of 23.08.2017}

21) allocated duties among his/her deputies;

22) approves regulations on SAEE autonomous structural units;

{Sub-clause 23 is excluded on the basis of Resolution of the Cabinet of Ministers No. 4 of 14.01.2015}

24) establishes commissions, working and exert groups;

25) convenes and holds meetings on matters within its competence;

26) signs SAEE orders;

27) gives, within the limits of powers stipulated by law, instructs obligatory for performance by SAEE civil servants and employees;

28) in accordance with the established procedure, decides on allocation of budgetary funds, which are managed by SAEE;

29) ensures the implementation of state policy on state secrets, control over their preservation at the SAEE administrative office;

30) engages civil servants of SAEE and, upon consent of relevant heads, civil servants and employees of ministries, other central executive bodies, local authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies, enterprises, institutions and organizations in consideration of issues related to SAEE competence;

31) exercises other powers, established by law.

12. The head of SAEE has two deputies, including one of first deputy, who are appointed by the Cabinet of Ministers of Ukraine on the basis of proposals from the Commission on Issues of Senior Civil Service after upon results of the competition in accordance with the legislation on civil service.

SAEE deputy heads are dismissed by the Cabinet of Ministers of Ukraine on the basis of proposals from the Commission on Issues of Senior Civil Service in accordance with the legislation on civil service.

13. SAEE may establish a board to prepare recommendations for implementation of its tasks.

Decisions of the board can be implemented by issuing a respective order of SAEE.

Other permanent or temporary consultative, advisory and other subsidiary bodies may be established to consider scientific recommendations and conduct expert consultations on issues important for SAEE.

Head of SAEE shall decide on establishment or liquidation of the board, other permanent or temporary advisory, consultative or other subsidiary bodies.

Quantitative and personal composition of the board, other permanent or temporary advisory, consultative and other subsidiary bodies, their regulations are approved by the Head of SAEE.

14. The maximum number of civil servants and employees of SAEE is approved by the Cabinet of Ministers of Ukraine.

The structure of the SAEE administrative office is approved by its Head in consultation with the Minister of Energy and Environmental Protection.

SAEE's staff schedule and its budget are approved by its Head, in consultation with the Ministry of Finance.

15. SAEE is a legal entity of public law, has a stamp depicting the State Emblem of Ukraine and its name, its own forms, accounts with bodies of the Treasury.