Economic and legal aspects of state regulation of bankruptcy of energy technology recipients

Abstract

Problem setting. Public relations arising from the creation, transfer of rights and implementation of technologies are under the constant regulatory influence of the relevant state administration bodies. However, unfortunately, state regulation of relations of creation, transfer of rights and implementation of technologies in Ukraine is characterized by fragmentation and episodicity and is not holistic or complete in nature. As a result, many aspects of the regulatory regulation of relations of technology circulation have remained without adequate attention from the legislator and have been unjustifiably attributed to the sphere of dispositive regulation. Thus, in particular, issues of termination of the legal status of technology and its legal fate during the liquidation and bankruptcy of their recipients remain out of consideration within the framework of state technological regulation. At the same time, military risks, macroeconomic instability and the specifics of the electricity market increase the likelihood of financial insolvency of such enterprises. The situation is complicated by the fundamental reform of the legal system of Ukraine, namely, the loss of validity of the Economic Code of Ukraine, which requires a rethinking of economic and legal instruments of state regulation through the prism of civilist concepts and special legislation (in particular, the Code of Ukraine on Bankruptcy Procedures). The bankruptcy of a recipient of energy technologies is not just a private commercial risk, but a matter of energy and technological sovereignty of the state, since the termination of the activities of such an entity or the chaotic sale of its assets can lead to the loss of unique technological solutions and critical infrastructure. Article’s main body. The current legislation of Ukraine does not provide for the determination of energy technologies, does not provide for the legal regime for their creation, transfer and implementation, but provides for the obligation for business entities to use energy technologies in the course of carrying out economic activities in energy markets. This situation negatively affects the practice of implementing economic relations regarding the implementation of energy technologies and should be eliminated by developing and implementing relevant regulatory legal acts. This kind of situation indicates the presence of incomplete legal regulation of technology transfer relations in Ukraine, which ultimately has an extremely negative organizational impact on the scaling of the processes of technological renewal of the economic system of our country. An analysis of the main regulatory acts of the European Union allows us to establish the existence of a similar situation with the regulatory support of the processes of restoring the solvency of the recipient of energy technologies. In general, the analysis of changes in the regulatory framework of state regulation of bankruptcy of technology recipients in the EU allows us to establish that the conceptual approach to identifying the essence of the processes of restoring the solvency of technology recipients is shifting from a purely commercial model (maximization of liquidation assets) to a public-innovative model (preservation of the technological complex and ensuring energy sustainability). Based on this, it is considered appropriate to form the main directions for improving the legal regulation of relations of restoration of solvency and bankruptcy of recipients of energy technologies, based on the public-innovation model (preservation of the technological complex and ensuring energy sustainability) of the technological sector of the national economy of Ukraine. Conclusions and prospects for development. (1) The current state of development of legal and state regulation of technology transfer in Ukraine is characterized by inconsistency and fragmentation and is not holistic and systemic in nature. (2) The current legislation of Ukraine does not define any features of the implementation of procedures for restoring solvency and bankruptcy of recipients of energy technologies. (3) Such an approach negatively affects the level of scaling of technological renewal of the national economy of Ukraine. (4) Legal regulation of similar social relations within the European Union indicates the presence of similar problems. However, the general vector of reforming European Union law indicates a change in the main purpose of bankruptcy procedures, namely the introduction of an imperative principle according to which the property claims of private creditors cannot prevail over the obligation to maintain the stability and technological integrity of the energy facility. (5) The main areas of improvement of legal regulation of relations of restoration of solvency or bankruptcy of recipients of energy technologies in Ukraine should be the following: (a) introduction within the framework of the Code of Ukraine on Bankruptcy Procedures, a special procedure for restoration of solvency or recognition as bankrupt of a debtor, as part of the integral property complex of which energy technologies have been implemented (implemented); (b) consolidation of the right of the state to retransfer (repurchase) licenses and patents in the field of critical energy infrastructure at market value for their transfer to capable state enterprises; (c) establishment of restrictions on termination of license agreements during the rehabilitation procedure, if this threatens the shutdown of energy generation or distribution facilities; (d) introduction of the institution of “temporary technological management” in the event of bankruptcy of a recipient of energy technologies, which is an object of critical infrastructure.