Some problems of legal regulation of the activities of authorized bodies in the sphere of ensuring competition in the electricity market of Ukraine

Abstract

Problem setting. Ukraine has long paid considerable attention to the creation of legal prerequisites for the establishment and operation of relevant institutions authorized to protect and ensure competition in the electricity market of Ukraine. This is highlighted in several regulatory legal acts. However, as of now, the formation of a fully competitive electricity market in our country has not been completed, which is associated, among other things, with some problems in the activities of relevant authorized bodies in this area. Thus, there is a need to study the issue of legal regulation of the activities of bodies authorized to ensure the protection of competition in the electricity market, identify the main problematic issues and make proposals for improving legislation in this area. Analysis of recent research and publications. Some individual aspects of the issue of ensuring competition in the electricity market of Ukraine have been given attention in the works of Ukrainian scientists. S. Hlibko, A. Chupryna, I. Podrez-Ryapolova studied the problems of sustainable innovative development of the energy system and the role of investment funds in stimulating investments in energy-efficient, renewable, and innovative technologies, which corresponds to Ukraine’s European integration aspirations. D.K. Tkach considered the directions of reforming the electricity market, which began in July 2019, etc. Of course, foreign scientists also paid attention to the issues of the electricity market in the work of Bowen W., Hill E., Thomas A., Liu R., Henning M. the issue of the impact of deregulated electricity markets on consumer prices using the example of individual states of the United States of America was studied. However, despite the large number of publications on this issue, there remain a number of issues that require further development, in particular, legal regulation of the definition of the powers of relevant bodies in ensuring the development and protection of competition in the electricity market in Ukraine. Purpose of the research is to research into the main problems of regulatory and legal regulation of the activities of authorized bodies the Antimonopoly Committee of Ukraine and the National Commission for State Regulation in the Energy and Utilities Sectors, in the field of ensuring competition in the electricity market of Ukraine. The article was carried out within the framework of the fundamental research topic “Theoretical and legal foundations of innovative development of the energy system of Ukraine”, state registration number 0124U005149. Article’s main body. In Ukraine, a number of regulatory provisions stipulate that the main body in the field of competition protection is the Antimonopoly Committee of Ukraine, which is endowed with relevant powers, including in the field of electricity. Another body that, in accordance with the legislation, has some powers to ensure competition in the electricity market of Ukraine is the National Commission for State Regulation in the Energy and Utilities Sectors. The article is devoted to the study of the issue of legal regulation of the powers of the above-mentioned authorized bodies and their delimitation. The main aspects and some examples of the implementation of the powers of the Antimonopoly Committee of Ukraine and the National Commission for State Regulation in the Energy and Utilities Sectors in the field of competition protection in the electricity market are presented. The main problematic points in terms of legal regulation of the functions, rights and obligations of the Antimonopoly Committee of Ukraine and the National Commission for State Regulation in the Energy and Utilities Sectors are identified. Examples of the negative impact on law enforcement practice of some problems of legal regulation of the powers of state bodies in the field of competition protection in the electricity market are given. Conclusions and prospects for the development. One of the most important elements of ensuring competition in the electricity market are the relevant state institutions. The authorized bodies in ensuring the development and protection of competition in the electricity market in Ukraine are the Antimonopoly Committee of Ukraine and the National Commission for State Regulation in the Energy and Utilities Sectors. At the same time, for a long time, in the issue of the activities of the above-mentioned bodies, there have been problems related to avoiding duplication of powers by both bodies, or vice versa preventing the risk of being removed from resolving specific problematic issues in the field of protection of competition in the electricity market, transferring responsibility to another body. This situation does not contribute to the proper protection of competition in the studied industry, and therefore requires detailed regulatory regulation.