乌克兰电力工程领域自然垄断主体活动规制原则行政法律体系界定问题

A. V. Berlach
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引用次数: 1

摘要

本文分析了现代科学观点对法律规制发展原则内容确定的影响。作者特别研究了乌克兰电力工程领域自然垄断实体活动的行政和法律监管问题。作者的这种方法可以通过乌克兰电力生产部门关系的特殊性来解释。这些特点包括:规范电力市场竞争的必要性,防止腐败和其他垄断的负面后果,以及电力部门投资吸引力的增加。作者认为,本研究的相关性取决于该行业立法的动态发展以及电力领域法律关系的条件,特别是新实体进入电力市场。报告显示,乌克兰现行立法确定了电力市场运作的相关标准,涉及对这一经济部门国家政策内容的一般做法。同时,有人强调,对电力领域自然垄断活动主体进行行政和法律管制的原则制度有待进一步调查。详细分析了电力行业部门立法和界定自然垄断主体法律地位的反垄断立法的内容。报告显示,目前打算对这些原则进行立法的当局只是在这一领域的某些行政和法律规定领域中确立了这些原则,没有采取适当的系统的和有科学根据的办法。根据作者的想法,这种情况可能会使执法实践复杂化,因为适用某一特定原则系统的问题仍然模糊不清。作者提出了关于需要改进部门立法的结论,这将确保电力制造商和消费者之间的利益平衡,同时考虑到国家的整个经济制度。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Issues on the Definition of Administrative-Legal System of Principles for Regulation of Natural Monopoly Subjects’ Activities in the Sector of Electric Power Engineering in Ukraine
The article deals with the analysis of modern scientific views on determining the content of the principles for legal regulation development. In particular, the author investigates issues of administrative and legal regulation of natural monopoly entities activity in the field of electric power engineering in Ukraine. Ths way of author’s approach can be explained by the peculiarities of relations in the sector of electric energy production in Ukraine. These peculiarities include: the necessity to regulate competition on electricity market, prevention of corruption and other negative consequences of the monopoly, as well as the increasing of investment attractiveness in the electric power sector. Th author shows that the relevance of this research is determined by the dynamic development of legislation within this industry along with conditions of legal relations in the field of electricity, in particular, the launch of new entities into the electricity market. There it is shown that the current legislation of Ukraine defines the relevant standards of functioning of the electricity market, concerning general approaches to the content of state policy in this sector of economy. At the same time, it was emphasized that the system of principles for administrative and legal regulation of the subjects of natural monopolies activity in the field of electricity is subject to further investigation. The content of sectoral legislation governing the electricity sector and anti-monopoly one that defines the legal status of natural monopoly entities are analyzed in detail. It is shown that at present time the authorities that are to legislate these principles have established them just in some certain areas of administrative and legal regulation in this field without proper systematic and scientifically grounded approach. According to the author’s idea, such a situation may complicate the law enforcement practice, since the question of the application of a particular system of principles remains dim. Th author has formulated the conclusion on the need for improvement of sectoral legislation, which would ensure balance of interests between manufacturers and consumers of electricity, taking into account the whole economic system of the country.
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