Legal regulation of ensuring competition in the electricity market of Ukraine in the context of integration with the energy markets of the European Union

Abstract

Problem setting. Ukraine has long paid significant attention to creating legal prerequisites for the existence and ensuring competition in the Ukrainian electricity market. This is emphasized in a number of regulatory legal acts, the main of which is the Law of Ukraine "On the Electricity Market" dated April 13, 2017 No. 2019-VIII. At the same time, as of now, the formation of a fully competitive electricity market in our country has not been completed. Thus, there is a need to study the issue of legal regulation of ensuring competition in the electricity market of Ukraine, the main prerequisites, reasons and advantages of the transition to a competitive electricity market, as well as the importance of European integration processes for the appropriate legal regulation of these social relations.            Analysis of recent research and publications. Some separate aspects of the issue of ensuring competition in the electricity market of Ukraine are addressed in the works of Rekova N.Yu., Bilenka Yu.O. [11], Pavlov K.V., Pavlova O.M., Romanyuk R.V. [10], Zrobok O.O. [13] and others. At the same time, the issue of using the regulatory framework and instruments to create and ensure competition in the electricity market of Ukraine requires more detailed research as a separate phenomenon, including in the aspect of harmonizing Ukrainian legislation with EU directives in the relevant field.            Purpose of the research is to study the issue of regulatory and legal regulation of ensuring competition in the electricity market of Ukraine, the main prerequisites, reasons and advantages of the transition to a competitive electricity market, including in the aspect of European integration processes and relevant obligations undertaken by 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. Ensuring competition in the electricity market of Ukraine is an important task of the state, not only in view of the obligations assumed before the European Union, but also in order to ensure diversification, sustainable development and well-being of the population. Of course, given the significant destruction of the energy infrastructure, the primary goal at present is its restoration and stabilization. However, even in the presence of these circumstances, the issue of the legal basis for ensuring competition in the electricity market of Ukraine during the post-war recovery period remains quite important.  The article is devoted to the study of the issue of legal regulation of ensuring competition in the electricity market of Ukraine, the main prerequisites for the introduction of appropriate legal regulation in Ukraine. In addition, the issue of the influence of European integration processes, as well as the synchronization of the Ukrainian power system with the European Network of Transmission System Operators, on the formation of an appropriate legal framework regulating the issues of guaranteeing and ensuring competition in the electricity market was investigated. The advantages of creating and maintaining a competitive electricity market in Ukraine are investigated, as well as the main challenges facing our state on the path to completing the creation of a corresponding competitive market.Conclusions and prospects for the development. In Ukraine, along with regulatory provisions, the implementation of activities (except for energy transmission and distribution) in the electric power industry has been declared on a competitive basis, and a number of market mechanisms and instruments have been provided to ensure such competition and prevent abuse of a monopoly position. Considerable attention to this issue is explained by a number of reasons, including socio-economic (ensuring the well-being of the population, embedding the price of electricity in the cost of most goods, works and services, etc.), as well as international obligations assumed by Ukraine within the framework of the Treaty establishing the Energy Community and the Association Agreement between Ukraine, of the one part, and the European Union, the European Atomic Energy Community and their Member States, of the other part.