Shtoda D. Administrative and legal regulation of relations in the field of use of alternative energy sources

The administrative-legal regulation of relations in the field of the use of alternative energy sources is defined as «administrative-legal influence of authorized subjects. It is substantiated that the administrative and legal regulation of relations in the field of the use of alternative energy sources is based on a system of general, branch and special legal principles. It has been established that the investigated issues are the subject of scientific research by representatives of many branches of law, among which works on natural resources and economic law. It is proposed to define under the object of administrative and legal relations in the field of use of alternative energy sources a set of public needs and interests. According to the criterion of generalization and scope of public interests, general, generic, specific and direct objects of administrative and legal relations in the field of use of alternative energy sources are distinguished. It is determined which public needs and interests are included in each of these levels of objects. The subject of administrative legal relations in the field of the use of alternative energy sources is determined - alternative energy sources, objects of alternative energy, other tangible and intangible values. The concepts of «alternative energy sources» and «secondary energy resources» have been improved. It has been proven that the subjects of administrative-legal relations in the field of the use of alternative energy sources are the participants of such relations who are endowed with administrative legal personality and take an active part in them, exercising subjective rights and/or fulfilling subjective duties. The concept of «forms of administrative and legal regulation of relations in the sphere of the use of alternative energy sources» is defined. It is substantiated that the main legal form of administrative-legal regulation of the studied relations is the issuance of normative-legal acts. The author's vision of regulatory acts as a form of administrative and legal regulation of relations in the field of use of alternative energy sources is proposed. The concept of individual legal acts as a legal form of administrative-legal regulation of relations in the field of use of alternative energy sources is defined. International treaties are characterized as a legal form of administrative and legal regulation of relations in the sphere of the use of alternative energy sources. It has been proven that administrative contracts are a promising legal form of administrative-legal regulation of relations in the researched area. Examples of their application in practice are given. It was concluded that the methods of administrative-legal regulation of relations in the field of the use of alternative energy sources are a set of methods, techniques and means defined by the norms of administrative law for the implementation by authorized subjects within their competence of purposeful influence on objects of management. Direct methods of administrative and legal regulation of the studied relations are characterized. A tendency to weaken the imperative nature of regulation of the field of alternative energy has been revealed. Proposals for improving the legal support for licensing electricity production from renewable energy sources have been formulated. The expediency has been meaningfully proven and the conditions for maintaining the «green» tariff as a method of state regulation of the alternative electricity sector have been determined. Attention is focused on the impracticality of introducing excise tax in the researched area. Amendments and additions to Chapter VII of the Tax Codex of Ukraine are proposed in terms of the object and basis of carbon dioxide emissions tax, as well as exemption from taxation of carbon dioxide emissions obtained from the use of alternative energy sources. «Green» bonds are characterized as a tool of indirect influence of the state on the field of alternative energy. The role of international and regional intergovernmental organizations in ensuring the functioning of the mechanism of international cooperation in the field of alternative energy is highlighted. It was concluded that at present there is a process of changing the role of Ukraine in international cooperation in the field of alternative energy from passive to active. Aspects of the field of alternative energy, voiced by the EU in REPowerEU in the context of ensuring energy security, which Ukraine can already take into account. Attention is focused on potentially possible measures for the mass introduction of energy production from solar energy. The expediency the development of the National program «Solar Roofs of Ukraine» in Ukraine. Variants of interaction between the state, local authorities, energy communities and home owners in terms of the development of alternative energy at the local level are highlighted.