Vashchenko Y. State Regulation in Energy Sector of Ukraine: Administrative Law Aspect.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0516U000083

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

27-01-2016

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

The Administrative Law issue on the development of the complex State Energy Regulation Concept in Ukraine has been resolved in the thesis. The theoretically-legal framework of the State Energy Regulation has been presented. The correlation between the Energy Government and Energy Regulation was explored, the notion and the main features of the Energy Regulator were developed, the legal dimensions of its independence were discovered, the legal issues of the encouragement of energy security and the right to access to modern energy services in the context of the State Energy Regulation were analysed. It is concluded that the independence of the regulator in the system of public authorities should be encouraged by the special place in the system of public bodies (ideally - by separation from all traditional branches of power - legislative, executive, and judicial), special (arm-length) relations with other public authorities, the special procedure of the establishment, reorganization and liquidation of such authorities, as well as of the appointment and dismissal of the heads and the members of the collegial managerial bodies. In order to stress the humanitarian dimension the civil energy security has been separated among the range of the main types of energy security, together with global energy security, national (state) energy security, and regional energy security. It is recommended to stipulate the right to access to modern energy services as a separate Human Right or as a separate part of the right to adequate standard of living both at international and national levels (primarily in the constitutions).

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