SAEE Statute

ADOPTED 
by the Resolution of the Cabinet of Ministers of Ukraine 
№ 676 as of November 26, 2014

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

{In the text of the Regulation, the words "Vice Prime Minister of Ukraine - Minister of Regional Development, Construction and Housing and Communal Services" in all cases are replaced by the words "Minister of Energy and Environmental Protection" in the corresponding case, and the words "Ministry of Region" in all cases - by the word "Minekoenergo" in accordance with Resolution of the Cabinet of Ministers No. 847 dated September 18, 2019}

{In the text of the Regulation, the words "Minister of Energy and Environmental Protection" in all cases are replaced by the words "Minister of Energy" in the corresponding case, and the word "Minekoenergo" by the word "Minenergo" in accordance with Resolution of the Cabinet of Ministers No. 507 of 06.17.2020}

{In the text of the Regulation, the words "Minister of Energy" in all cases are replaced by the words "Minister of Community Development, Territories and Infrastructure" in the corresponding case, and the word "Minenergo" is replaced by the words "Ministry of Infrastructure", the words ", renewable energy sources" are excluded in accordance with the Resolution of the Cabinet of Ministers No. 153 dated 14.02.2023}

2. SAEE is guided in its activities 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 these Regulations.

3. The main tasks of the SAEE are:

1) implementing state policy in the sphere of effective use of fuel and energy resources, energy saving and alternative types of fuel;

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

2¹) ensuring an increase in the level of energy efficiency in all sectors of the national economy;

3) providing administrative services in the relevant sphere;

4. SAEE in accordance with the tasks assigned to it:

2) develops, agrees and supervises the implementation of state target programs in the sphere of effective use of fuel and energy resources, energy saving and alternative types of fuel, agrees sectoral, regional and local programs in this sphere;

3) implements public-private partnership in the sphere of effective use of fuel and energy resources, energy saving and alternative types of fuel;

4) conducts the qualification of cogeneration plants;

5) issues a document on whether the fuel belongs to an alternative fuel;

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

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

8¹) ensures implementation and functioning of energy management in accordance with the Procedure for implementation of energy management systems;

9) monitors the effective use of fuel and energy resources and alternative types of fuel;

10) ensures the development of state norms, rules, technical regulations in the sphere of effective use of fuel and energy resources, energy saving and alternative types of fuel;

10¹) carries out with the aim of popularizing the activity of ensuring the energy efficiency of buildings:

development of methodological recommendations, training and dissemination of information on the importance of increasing the energy efficiency of buildings, the economic feasibility of implementing energy-efficient measures, technical aspects of their implementation, the influence of the energy efficiency of buildings on the ecological state of settlements, global trends and global experience in the field of increasing the energy efficiency of buildings, the need timely payment of consumed fuel and energy resources;

development and distribution of methodical materials on improving the energy efficiency of buildings;

dissemination of experience in the implementation of projects in the sphere of ensuring the energy efficiency of buildings in Ukraine and abroad;

popularization of state support mechanisms for energy efficient measures;

12) maintains a register of alternative types of fuel;

13) participates in the development of sustainability criteria for liquid fuel produced from biomass;

14) participates in the development of technical requirements for the production and use of biofuels and bioliquids;

15) ensures the functioning of the system of energy labeling and eco-design of energy-consuming products;

15¹) approves or refuses to approve relevant essential terms of energy performance contracts (ESCO) regarding state-owned objects;

15²) on the basis of information provided by the National Commission for State Regulation of Energy and Public Utilities and local self-government bodies regarding the tariffs they set for thermal energy produced using natural gas for the needs of the population, institutions and organizations financed from the state or local budget, as well as tariffs for its transportation and supply calculates and publishes weighted average tariffs for further establishment by authorized bodies of tariffs for thermal energy produced using alternative energy sources for the needs of the population, institutions and organizations financed from the state or local budget, as well as tariffs for its transportation and supply;

15³) ensures, within the limits of authority, the functioning of the system of energy certification of buildings;

15⁴) ensures independent monitoring of energy certificates;

15⁵) monitors the state of equipment of buildings with commercial accounting of heat energy and water supply;

15⁷) participates in the consideration and selection of investment projects and projects of environmental direction in the field of effective use of fuel and energy resources, energy saving and alternative types of fuel, monitors their implementation;

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

17) participates within the limits of its authority in the establishment of cooperation between Ukraine and the European Union, in particular regarding the implementation of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, in the field effective use of fuel and energy resources, energy saving and alternative types of fuel;

18) conducts informational activities to popularize the economic, ecological and social advantages of effective use of fuel and energy resources, energy saving and alternative types of fuel;

19) participates in the organization of training and prepares proposals for improving the system of training and retraining of specialists in the sphere of effective use of fuel and energy resources, energy saving and alternative types of fuel;

20) develops proposals regarding:

implementation of a mechanism to stimulate energy saving, effective use of fuel and energy resources and alternative types of fuel and monitoring of their use;

increasing the energy efficiency of buildings;

providing energy services and monitoring their effectiveness;

implementation of international experience, in particular of EU member states, on effective use of fuel and energy resources, alternative types of fuel and energy saving;

introduction and development of the green bond market in the sphere of efficient use of fuel and energy resources, alternative types of fuel and energy saving;

21) ensures, within the limits of the powers provided by law, the creation of state support funds for activities in the sphere of effective use of fuel and energy resources, energy saving and alternative types of fuel;

22) reviews citizens' appeals on issues related to the activities of the SAEE, as well as enterprises, institutions and organizations belonging to the sphere of its management;

22¹) ensures, within the limits of its powers, the implementation of the state policy on effective household waste management;

22²) ensures, within the limits of its authority, the implementation of the policy on increasing energy efficiency in the heat supply;

22³) ensures, within the limits of its authority, the restoration of residential objects and public buildings, as well as the infrastructure of heat supply systems in compliance with the principles of increasing the level of energy efficiency;

23) exercises other powers defined by law.

5. In order to organize its activities, the SAEE:

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

2) carries out the selection of personnel for the SAEE and for management positions at 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 the SAEE;

3) organizes planning and financial work in the SAEE, enterprises, institutions and organizations belonging to the sphere of its management, carries out control over the use of financial and material resources, ensures the organization and improvement of accounting in accordance with the procedure established 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 contracting authority for scientific research on issues within its competence;

6) ensures, within the limits of the powers stipulated by the law, the implementation of the tasks of mobilization preparation and mobilization readiness of the state;

7) organizes record keeping and archives in accordance with 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 and local authorities, 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. While performing its tasks, the SAEE interacts in the established manner with other state bodies, auxiliary bodies and services established by the President of Ukraine, temporary consultative, advisory and other auxiliary bodies established by the Cabinet of Ministers of Ukraine, local self-government bodies, citizen associations, public unions, relevant bodies of foreign states and international organizations, trade unions and employers' organizations, as well as enterprises, institutions and organizations.

9. The SAEE, within its powers, based on and in compliance with 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 the Ministry of Infrastructure, issues orders of an organizational and administrative nature, organizes and controls their implementation.

10. The SAEE is chaired by the Head, who is appointed and dismissed by the Cabinet of Ministers of Ukraine in accordance with the legislation on civil service.

11. The Head of the SAEE:

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

2) organizes and monitors the implementation of the Constitution and laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, orders of the Ministry of Infrastructure on issues within the competence of SAEE, in the SAEE administrative office;

9) forms, liquidates, reorganizes enterprises, institutions, organizations, approves their regulations (statutes), appoints and dismisses their managers in accordance with the established procedure, performs other functions of managing state-owned objects within the limits of their authority to the sphere of SAEE's management;

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

14) appoints and dismisses civil servants of the SAEE (unless otherwise provided by law), concludes and terminates civil service contracts with them in accordance with the procedure prescribed by the Cabinet of Ministers of Ukraine;

15) hires and dismisses SAEE employees in accordance with the procedure provided for by labor legislation;

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;

21) distributes duties among the deputies;

22) approves regulations on independent structural subdivisions of the SAEE;

24) establishes commissions, working and exert groups;

25) convenes and conducts meetings on issues within competence;

26) signs SAEE orders;

27) gives,within the limits of the powers provided for by law, mandates that must be executed by civil servants and employees of the SAEE;

28) adopts, in the prescribed manner, a decision on the distribution of budget funds, the administrator of which is the 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 the SAEE has three deputies, including one deputy, who are appointed and dismissed by the Cabinet of Ministers of Ukraine in accordance with the legislation on civil service.

13. A collegium may be formed to prepare recommendations for the implementation of tasks at the SAEE.

Decisions of the collegium can be implemented by issuing a corresponding order of the SAEE.

Other permanent or temporary consultative, advisory and other auxiliary bodies may be formed to consider scientific recommendations and carry out expert consultations on the main issues of activity in the SAEE.

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

The quantitative and personal composition of the collegium, other permanent or temporary consultative, advisory and other auxiliary bodies, regulations on them are approved by the Head of the SAEE.

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

The Head of the SAEE approves the staff list and its budget in agreement with the Ministry of Finance.

15. The State Agency for Energy Efficiency and Energy Saving of Ukraine is a legal entity under public law, has a stamp depicting the State Emblem of Ukraine and its name, its own forms, accounts in the bodies of the Treasury.