Since 27.02.2022 during the martial law in Ukraine the order of the Ministry of power engineering of Ukraine N 91 forbids distribution system operators to cut off and/or limit the power supply to critical infrastructure.
Given the difficult conditions in which the pig farming industry found itself with the outbreak of war, some operators have also encountered financial difficulties, as a consequence not all had the opportunity to pay for the electricity supply. According to paragraph 4 of Article 9 of the Law of Ukraine "On Critical Infrastructure", food supply belongs to the vital functions and/or services, violation of which leads to negative consequences for the national security of Ukraine. Taking into account the fact that pig breeding is a kind of activity under the SCE 01.46 (pig breeding), we can say that pig farms are critical infrastructure objects, i.e. fall under the order of the Ministry of Energy of Ukraine ¹ 91 as of 27.02.202.
If you received a notice about the disconnection of the enterprise from the power supply, the lawyers advise to use the following algorithm of actions:
1) Send an official letter to the territorial body of the power grid with a description of the above facts and an indication of the circumstances that led to the emergence of debt for power supply, a description of the possible negative consequences that will be caused in the event of disconnection from the power supply of the enterprise.
2) Send a letter to the regional state administration regarding the prevention of the power distribution operator from disconnecting the enterprise from the power supply, indicating similar data contained in the previous appeal.
These letters will be an official proof of the fact that the enterprise has addressed both to the service provider and OVA (which is the actual manager of the critical infrastructure object in accordance with Paragraph 3, Part 1, Art. 7 of the Law of Ukraine "On Critical Infrastructure").
It is important for positive solution of this issue to negotiate with the power supply operator, because inactivity in this matter will lead to disconnection of the enterprise from power supply. It should also be noted in the appeal a possible schedule/timeframe for payment of existing debts, which in turn may improve the "chances" of a positive resolution of the issue for the company.
Attention should be paid to the draft law (still being finalized after the president's amendments) prohibiting the enforcement of court decisions to collect debts for utilities from individuals and many enterprises and institutions, including companies servicing the defence industry and belonging to important sectors of the economy - activities of which are connected with crop cultivation and animal husbandry: itd.rada.gov.ua
The Association of Ukranian Pig Breeders is a non-profit, voluntary organization founded by domestic pork producers. The main objectives of the association are representation and protection of rights and interests of the association farms, assistance in the development and introduction of new technologies for the efficient production of pork, expansion of markets, protection of domestic sales market.