Regulatory control over the electricity market in Ukraine: the problem of duplication of powers

S. Fedorenko
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Abstract

The purpose of this article is to substantiate the existence of the problem of duplication of powers in the system of regulatory control over the electricity market in Ukraine and to determine ways to solve it. This research task should be carried out using, first of all, the formal-dogmatic method within the framework of a critical assessment of the relevant legislative provisions, perceiving them being detached from the environment of their application, as well as relying on the method of legal and institutional modeling to outline the organizational and legal contours of the system of regulatory control over the electricity market in Ukraine. Results: the subject matter of regulatory control (supervision) over the electric power industry carried out by the State Energy Supervision Inspectorate of Ukraine covers the production, transmission, distribution of electric energy, energy storage, as well as the use of energy for their own needs by market participants in part of technical operation of power plants and networks, energy equipment, testing and repair of power plants and networks, performance of works on the design of power plants and networks, while the National Energy and Public Utilities Regulatory Commission carries out regulatory control over compliance by economic entities carrying out activities in the fields of energy with legislation in this area as well as with the licensing conditions by conducting scheduled and unscheduled on-site, as well as off-site inspections in accordance with the control procedures approved by this commission. Conclusions: the optimal institutional reform designed to ensure the exclusivity and indivisibility of powers regarding regulatory supervision (control) over the electric power market appears to be the concentration of these powers in the field of competence of the National Energy and Public Utilities Regulatory Commission as an independent market regulator with a complete and self-sufficient complex of control and supervision measures, which can be enriched with the prepared proposals on reforming the procedures of activity of the State Energy Supervision Inspectorate of Ukraine.
乌克兰电力市场的监管:权力重叠问题
本文旨在证实乌克兰电力市场监管体系中存在权力重复问题,并确定解决该问题的方法。在开展此项研究任务时,首先应在对相关法律条款进行批判性评估的框架内采用形式--教条主义方法,将这些条款与其应用环境相分离,同时依靠法律和制度模型方法勾勒出乌克兰电力市场监管体系的组织和法律轮廓。结果:乌克兰国家能源监督监察局对电力行业的监管(监督)范围包括电能的生产、传输、分配、储能,以及市场参与者为满足自身需求而使用电能,包括电厂和电网的部分技术操作、能源设备、电厂和电网的测试和维修、同时,国家能源和公用事业监管委员会根据该委员会批准的监管程序,通过定期和不定期的现场和非现场检查,对在能源领域开展活动的经济实体遵守相关法律和许可条件的情况进行监管。结论:旨在确保电力市场监管监督(控制)权力的专属性和不可分割性的最佳体制改革似乎是将这些权力集中在国家能源和公用事业监管委员会的职权范围内,该委员会是一个独立的市场监管机构,拥有一套完整和自给自足的控制和监督措施,可以通过已准备好的关于改革乌克兰国家能源监督监察局活动程序的建议加以充实。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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