Dzhumaheldiyeva G. Legal regulation of energy saving

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0512U000345

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

17-04-2012

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Research object: public relations, arising up at the booty of energoresursov, their use for the production of energy, moving of energy to the users and its use in an economic turn. Research purpose: development of the scientifically grounded conception of perfection of the legal providing of energy-savings in the field of booty of energoresursov, their use for the production of energy, moving of energy to the users and its use in an economic turn on the basis of analysis of legislation, materials of economic practice and generalization of results of theoretical researches. Research methods: historical, analitiko synthetic, legalistically logical, logіko legal, system structural, comparatively legal. Theoretical and practical value: dissertation contains scientific positions and scientifically grounded results, which in an aggregate settle important scientifically the applied problem economic legal science in relation to the legal providing of energy-savings, rational use of energoresursov and energy in an economic turn. Research results are inculcated in activity: State agency on energoeffektivnosti and energy-savings of Ukraine; LTD on a gas-supplying and gasification of "Doneckoblgaz"; "The Donetsk managing company" LTD; "Metal Transit" LTD in-process the Economic court of Autonomous Republic Crimea; in economic activity of general contractor on building and guarantee maintenance of stadium "Miner" "Donbass-Arena" of "ENKA" LTD; By a department on energoeffektivnosti of the Statutory broker on standardization of Republic Byelorussia; at preparation § 2 chapters 9 monographs the "Power right for Russia and Germany: comparatively-legal research". Scientific novelty: A complex approach to legal regulation of relations in the field of efficient use of energy and energy resources was proposed. The fact, that efficient use of renewable and non-renewable energy resources of domestic growth as well as energy which was produced from these energy resources is one of the elements of legal mechanism for protection Ukrainian people's property, was substantiated. The dissertation emphasizes the importance of energy saving as a factor which ensures national security, as a key aspect of energy policy and promising direction of environmental sanitation as well as priority method of stabilizing the economy of Ukraine. Strengthening of state influence on consumption of energy by establishing internally consistent legislation on energy saving, which should be based on the act of national strategic planning, was proved. The proposals concerning harmonization of energy legislation with the norms of tax legislation which are directed to the improvement of energy efficiency were submitted. There are arguments for extending general procedure of stimulation the development of alternative energy on relations connected with using gas (methane) of coal deposits. Involvement of energy suppliers into wholesale electricity market was proposed in the thesis. The dissertation suggests the structural reform of the specialized management in energy saving. Moreover, there are proposals concerning the unification of procedure in exercising of state supervision in the field of energy saving and in application of increased payments, which are collected by the State Agency on Energy Saving and Energy Efficiency of Ukraine, in violation of contractual and regulatory regimes of energy consumption. Sphere of the use: subjects of initiation of bill; public authorities; organs of local self-government; subjects organizationally economic plenary powers; higher educational establishments.

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