Berlach H. Administrative and legal regulation of the electric energy market in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100507

Applicant for

Specialization

  • 081 - Право. Право

15-03-2021

Specialized Academic Board

ДФ 26.055.018

Kyiv National University of Trade and Economics

Essay

The dissertation is an independent completed scientific work studies of mechanism of administrative and legal regulation of the electricity market in Ukraine. To achieve this goal, the paper analyzes the theoretical and legal bases of regulation of the electric energy market in Ukraine, in particular, the essence of the electric energy market, highlighting its structural elements, clarified the legal nature of public relations, justified and given the corresponding author's definitions of the concepts of "electric energy», "natural monopoly on the electricity market". It is shown that the main goal of the new electric energy market is to introduce competitive mechanisms for the functioning of this market, free choice of counterparties and ensuring the consumer's right to freely choose an electric energy supplier. Research on the regulation of the electricity market was reviewed, theoretical and practical issues identified that have remained out of the attention of scientists and require scientific understanding. On the basis of the analysis of characteristic features of electric energy, notions of «monopoly», «natural monopoly» formulated the author’s definition, the concept of «natural monopoly in the market of electric energy» as a specific type of monopoly market in which a licensed economic entity is entitled to carry out production, transfer and distribution activities, Purchase and sale of electrical energy to meet the needs of consumers (domestic, non-domestic), develop market relations, minimize the cost of supplying electric energy and negative impact on the environment. Based on the analysis of foreign experience of regulation of the economy of the electric energy market, it is established that it was implemented through the improvement of legislation, effective implementation of energy policy, creation of an attractive investment climate in the electric energy market, state support for efficient small and medium-sized electric power companies. It is noted that the aim of administrative and legal regulation of the electric energy market is to ensure stability, balance and efficiency of functioning of the electric energy market and the electric power industry of Ukraine. Based on the analysis of scientific approaches, the conclusion that the function of administrative and legal regulation of the electricity market is an external manifestation of the properties of the regulatory entity, characterized by autonomy, carried out by specific methods depending on the object of regulation (a certain sphere of public relations) in order to achieve certain results. Analyzing the principles of administrative and legal regulation of the electric energy market, it is noted that there is no unified concept to define these principles, which is due to: 1) absence in the law of Ukraine "on the electric energy market"; 2) the fact that the relevant industry regulations fix various principles in this area. Study of the system of subjects of administrative and legal regulation of the electrical energy market. Description of the status of public authorities and its implementation in the electricity sector. It is noted that certain steps have now been taken: first, the creation of an effective system of subjects of administrative and legal regulation in this area; secondly, the creation of a comprehensive regulatory framework, the norms of which regulate the activities of these subjects. The essence of the forms and methods of administrative and legal regulation that should be applied in the implementation of Public Administration of the electric energy market. A detailed analysis of the system of factors that affect the effectiveness of regulation of the electric energy market clearly demonstrates systemic shortcomings in the existing mechanism for implementing the state energy policy of Ukraine, as well as the reasons for slowing down the reforms of the electric energy market. It is established that one of the main directions of improving the regulation of the electric energy market is the improvement of regulatory legal acts, the norms of which regulate the administrative and legal regulation of the electric energy market. The provisions of scientific novelty formulated based on the results of this study and all the results of the work were obtained on the basis of personal study and analysis of normative legal acts, theoretical provisions, as well as law enforcement and judicial practice.

Files

Similar theses