Some problems of adaptation of Ukrainian renewable energy sources an legislation in the field of alternative energy sources to the EU acquis

Abstract

Problem setting. For our state, the development of renewable energy sources has acquired special importance and weight in view of military actions, the destruction of critical infrastructure by the aggressor, the seizure of a nuclear power plant, etc. At the same time, one of the key aspects aimed at forming a legal framework for stimulating and developing alternative energy sources also remains the obligations taken by Ukraine within the framework of European integration processes. The formation of a system of effective energy legislation is, on the one hand, a long-term and multi-stage process, and on the other hand, interdependent on the level of development of social relations, politics, and the economy of the state. Thus, there is a need to study the issue of legal regulation and identify the main problematic aspects of adapting Ukrainian legislation in the field of renewable energy sources to European legislation. Analysis of recent research and publications. Several both Ukrainian and foreign scientists have studied the issues of proper regulatory regulation of legal relations in the energy sector in general and in individual areas. In particular, the issues of legal support for the sustainable development of the energy system of Ukraine under martial law and post-war recovery were analyzed in their work by I.V. Podrez-Ryapolova. Lenger Ya.I. Demchuk A.M., Chumachenko I.E., studied the issues of the genesis of European energy policy, international legal regulation of alternative energy, etc. Particular attention was paid to the issues of considering the directions of accelerated development of renewable energy in the European Union in the work of Díaz-Cuevas P., Pérez-Pérez B., Lopes H.L., & Ferreira P. on the example of Portugal. Purpose of the research is to research into the main current problems of approximating the Ukrainian regulatory framework in the field of renewable energy sources to the provisions of European Union law. 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. The article is devoted to the study of the main trends in the legal regulation of energy issues at the international level in general and in the European Union in the field of renewable energy. Attention is paid to the main guiding documents of the European Union in this area. The general problems of adapting the provisions of such documents by the Member States of the European Union are analyzed. A conclusion is made regarding the presence of similar problems while adapting Ukrainian legislation to EU law, and the specific difficulties of such approximation for our state are also highlighted. The draft Law of Ukraine “On Amendments to Certain Laws of Ukraine on the Implementation of European Union Legislation in the Field of Renewable Energy Sources” dated December 3, 2025, No. 14271 is analyzed, the purpose of which is to implement European Union legislation in terms of bringing the national regulatory framework in the field of renewable energy sources into line with the requirements of European legislation, in particular, Directive (EU) 2018/2001. Based on the results of this analysis, the main risks, and benefits of the said draft law were identified, and the corresponding conclusions were drawn. Conclusions and prospects for the development. The process of humanity’s transition to the use of alternative energy sources is long, consistent, and inevitable. These aspirations are approved both at the level of international legal regulation and in the legislative acts of individual states. For Ukraine, the issue of stimulating the production and use of alternative energy sources is of particular importance given the difficult situation with the energy infrastructure caused by Russian attacks, as well as the European integration obligations undertaken. Currently, our country is gradually approximating its legislation to EU law in the field of renewable energy sources. At the same time, one of the documents designed to ensure such approximation was the draft Law No. 14271. At the same time, even though the provisions of the draft are generally close to European guiding documents, special attention needs to be paid to the need to harmonize them with current regulatory legal acts in related areas and the Ukrainian legal system.