РЕГУЛЮВАННЯ ЕНЕРГЕТИЧНОЇ СФЕРИ УКРАЇНИ В ПЕРІОД ЄВРОПЕЙСЬКОЇ ІНТЕГРАЦІЇ: НОРМАТИВНО-ПРАВОВІ ЗАСАДИ

Abstract

The article defines the aspects of the regulatory foundations of the regulation of the energy sector of Ukraine, which are possible conditions for the European integration of the state. Investigating the issue of regulation of the energy security system of the state, it is worth noting the complete lack of systematicity, as well as the lack of orderliness of regulatory and legal documents that ensure regulation of the energy sector. Regulatory and legal acts of the specified industry function under conditions of lobbying by individual subjects, under conditions of inconsistency in the priority directions of their development; the existence of regional energy markets, isolation of security positions of energy enterprises, ecological and technological requirements, standardization, licensing, etc. An essential aspect of forming physical protection of energy facilities is relying on business entities. The costs of ensuring the appropriate security are included in the gross costs upon prior agreement with the Regulator of Energy Markets. However, the Regulator currently does not have the legal authority to take into account such categories of expenses, which makes it impossible to legitimize the source of defense funding. It is worth noting that the energy infrastructure is not protected at the departmental level beforehand without appropriate coordination and coordination with other priority strategies and measures to ensure national security. The mentioned circumstances testify to threats to the energy security system due to the non-regulation of the legislative basis and foresee the need for significant improvement of mechanisms and tools of protection from the side of regulatory and legal support. The current circumstances of the economic system of Ukraine have caused changes in the energy legislation. At the moment, a new energy environment is being formed, which cannot be clarified by rigid regulatory documents. The implemented changes affect not only the peculiarities of the relationship between energy market subjects (producers, consumers, and the state) but also put pressure on the principles of regulation of the latter's activities; it refers to the application of EU approaches, the rejection of administrative levers for regulating the activity of markets and state paternalism, etc. The result is the emergence of new threats to the uninterrupted functioning of the country's energy sector due to the use of energy methods as an analog of "energy weapons." In turn, the previously accepted mechanisms and tools of management activity in the energy security system should be reviewed.