司法鉴定商品在预防零售电力市场违法行为中的作用

І. Petrova, V. Fesiunin, O. Dontsova
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摘要

文章强调,能源设备的损坏和盗窃、电能的盗窃、电网的自发连接等事实的威胁动态每年都在增加,这不仅会导致个别地区的电力工业的不平衡和破坏,而且会导致整个国家的电力工业的破坏。值得注意的是,监管法律行为旨在遏制这种危险的动态,这些法律行为在能源部门进行国家监管,不幸的是,这并不能确保该领域的稳定安全。据指出,来自不同电力供应商的专家准备了所有必要的材料,以便根据《乌克兰刑法》第1881条提起刑事诉讼,向调查当局提交请愿书,说明需要进行某些调查行动,但是,违规者不受起诉。调查发现,使这些违法行为的肇事者承担刑事责任的主要障碍是警察单位在调查盗窃电能事实的刑事诉讼以及法院审议这些诉讼的做法方面缺乏方法论材料和技能。事实证明,由于缺乏确定能源综合体产品市场价格所必需的具有完整初步数据清单的方法材料,导致专家的结论存在差异。在法医商品检验过程中确定能源产品市场价格的新方法将有助于解决在专家实践中评估能源综合体产品的问题。建议确定法医鉴定的主体、任务、研究对象;概述评估其价值的可能途径和方法;建立在世界和乌克兰这个市场上形成的商品分类;明确商品专家的能力界限。需要强调的是,确定电力的市场价格及其提供的服务成本超出了商品专家的能力范围,因为这类产品的定价机制(关税)由国家控制,并由监管机构-国家能源和公用事业管理委员会批准。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Place of forensic commodity expertise in the prevention of offenses in the retail electricity market
 The article emphasizes that the threatening dynamics of the annual increase in the facts of damage and theft of energy equipment, theft of electrical energy, spontaneous connection to electrical grids can lead to imbalance anddestruction of the electrical industry not only in a separate region, but also in the country as a whole. Attention is drawn to the fact that regulatory legal acts are aimed at curbing this dangerous dynamic, that carry out state regulation in the energy sector which, unfortunately, do not ensure stable security in this area.  It is stated that specialists from different suppliers of electric energy prepare all the necessary materials to open criminal proceedings under Article 1881 of the Criminal Code of Ukraine, submit petitions to the investigating authorities about the need to carry out certain investigative actions, however, violators are not prosecuted. It was found that the main obstacle in bringing the perpetrators of these violations to criminal responsibility is the lack of methodological materials and skills in the police units in the investigation of criminal proceedings on the facts of theft of electrical energy and the practice of their consideration by courts. It has been proved that the lack of methodological materials with a complete list of initial data that are necessary to determine the market price of products of the energy complex leads to discrepancies in conclusions of experts. New methods for determining the market price of energy products during forensic commodity examinations will help to resolve the issue of assessing the products of the energy complex in expert practice. It is proposed to determine the subject, tasks, object of research of this forensic examination; outline possible approaches and methods for assessing their value; establish the assortment of goods that has formed in this market in the world and in Ukraine; clearly identify the boundaries of competence of commodity experts. It is emphasized that the determination of the market price for electricity and the cost of services for its provision goes beyond the competence of commodity experts, since the mechanism for setting prices (tariffs) for this type of product is controlled by the state and approved by the Regulator – National Energy and Utilities Regulatory Commission. 
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