Energy Regulator in Ukraine: Legal Aspects of the Independence in the Light of the EU Requirements

Abstract

Energy sector is a strategic sphere of each country and one of the most important directions of cooperation between the EU and Ukraine. Ukraine is a full-fledged member of the Energy Community since February 1, 2011. The Protocol Concerning the Accession of Ukraine to the Treaty Establishing the Energy Community was signed on September 24, 2010 and ratified by Law of Ukraine № 2787-VI of 15.12.2010. Pursuant to Decision of the Ministerial Council of the Energy Community D/2011/02/MC-EnC of 06.10.2011, Ukraine shall bring into force the laws, regulations and administrative provisions necessary to comply with the legislative acts of the EU Third Energy Package, in particular, with Directive 2009/72/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC and Directive 2009/73/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC. These Directives, inter alia, stipulate the requirements on the legal status of national regulatory authorities in the spheres of electricity and natural gas. Constitutional and administrative reforms are currently taking place in Ukraine. Therefore, the researchers, primarily, the representatives of Constitutional and Administrative Law sciences, shall provide the efficient solutions regarding the optimization of the system of state bodies. Based on the analysis of the EU legislation, the researches on the legal status of independent regulators and the legal framework for the energy regulator in Ukraine, the author provides recommendations on the enhancement of the legislation of Ukraine to encourage the adequate level of the independence of the Ukrainian energy regulator and fulfill the EU requirements. In particular, the author recommends the development of the special law on independent regulatory authorities, the appointment of the chairman and the members of the independent regulatory authorities jointly by  the Parliament of Ukraine and by the President of Ukraine, the clear determination ofthe relations of the energy regulator with other state bodies.