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

Anna Viktorivna Berlach

Abstract


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.


Keywords


administrative and legal regulation; public administration authorities; principles; theory; practice; improvement; natural monopolies; electric energetics

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References


Averyanov V., Administrative Law of Ukraine, vol. 1, Kyiv 2004.

Kandurka O., Management within the Internal Affairs Authorities of Ukraine, Kharkiv 1998.

Berlach A., Administrative Law of Ukraine, Kyiv 2005.

Berlach A., Principles of legal enforcement in the context of administrative reform in Ukraine, “Crimean Legal Newsletter” 2008, vol. 1(2).

Berlach A., Deshko l., Radyshevska O., State audits in modern Ukraine: Issues, challenges, perspectives, “Public Policy and Administration” 2019, vol. 2(18).

Bolotsky T., Principles and methods of state regulation and control within the electric power industry, “Bulletin of the Institute of Economic Research” 2019, vol. 2(14).

Galunko V., Dikhtiyevskiy P., Kuzmenko O., Stetsenko S. et al., Administrative Law of Ukraine, Kherson 2018.

Gurzhii T., Public consultations in Ukraine: Topical legal issues, “rocznik Administracji Publicznej” 2017, no. 3.

Gurzhii T., Gurzhii A., Seliukov V., Public administration of personal data protection in modern Ukraine, “Political Sciences” 2018, vol. 21(2).

Kuzmenko O., Thoretical Grounds for Administrative Process, Kyiv 2005.

Kuzmenko O., The Course of Administrative Law of Ukraine, Kyiv 2018.

Kіvalov S., Bіla l., Administrative Law of Ukraine, Odessa 2002.

Melnik R, Bevzenko V., Common Administrative Law, Kyiv 2014.

Petrishin O., Pogrebniak S., Smorodinski V., Theory of State and Law, Kharkiv 2015.

Pukhtetska A., Principles of Administrative Law: Administrative Law and Legal Integration Aspects on Content and Practice of Application, Kyiv–Kharkiv 2016.

Riabchenko O., State and Economy: Administrative and Legal Aspects of Cooperation, Kharkiv 1999.

Sytnichenko O., Administrative and Legal Principles the Internal Affirs Authorities as for Secure the Sanitary and Epidemic Well-Being of the Population of Ukraine, kyiv 2014.

Teremetsky V., The principles and functions of administrative-legal regulation of taxation relationships, “Law and Security” 2011, vol. 4(41).

Zaychuk O., Legal principles in the context of theory of law and state development, “The Almanac of Law” 2012, no. 3.




DOI: http://dx.doi.org/10.17951/ppa.2019.2.11-21
Date of publication: 2020-11-29 01:04:03
Date of submission: 2020-01-09 15:25:42


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