PARTICIPANTS OF THE ELECTRIC ENERGY MARKET AS SUBJECTS OF LEGAL RELATIONS IN THE ELECTRIC ENERGY FIELD
DOI:
https://doi.org/10.17721/1728-2195/2023/2.126-9Keywords:
energy, economic relations, economic legal relations, energy legal relations, signs of legal relations in the field of electricity, entity, individual entrepreneur, consumer, active consumer, electric power enterprise, economic activity, entrepreneurship, mechanism of self-production of electric energy, activity on the electricity marketAbstract
Background. One of the features of relations in the field of electric power industry should be considered their special subject composition. In the electric power industry, there was a reform related to the introduction of a competitive electricity market, which qualitatively changed the rules for the organization and functioning of the electricity market, which determines the relevance of the study. The purpose is to study market participants who are part of a special composition of subjects of legal relations. The objectives of the study are to clarify the correlation of the concepts of economic relations in the field of electricity and the electricity market; correlation between the concepts of a participant in the electricity market and a participant in relations in the field of electricity; sectoral nature of legal relations in the electricity market; peculiarities of the conceptual and terminological apparatus of the Law of Ukraine "On the Electricity Market"; which entities are participants in the electricity market and the peculiarities of their legal status; specifics of the legal status of an active consumer as a participant in the electricity market.
Methods. The research is based on the use of systemic, structural methods, methods of analysis and synthesis, induction and deduction, formal-legal and logical-legal methods of scientific research.
Results. The results of the study consist of the formulation of theoretical provisions and practical proposals for improving the legislation of Ukraine.
Conclusions. Conclusions are drawn about the non-identity of the concepts of economic relations in the field of electric power industry and the electricity market. Subjects of organizational and economic powers are not recognized as participants in the electricity market. The concept of participants in the electricity market is covered by the general concept of participants in relations in the field of electricity. Legal relations in the market are complex, the core of which is economic legal relations. The conceptual and terminological apparatus of the Law of Ukraine "On the Electricity Market" has close structural links with the general concepts of economic law, which are normatively enshrined in the Commercial Code of Ukraine. The general list of market participants enshrined in the law is not exhaustive. It is proposed to supplement it with an aggregator. Market participants – business entities – are classified into two groups. An active consumer has the right to carry out activities for the production of electricity under the mechanism of self-production, which is not an economic activity, as well as the right to sell this electricity or provide other services on the basis of contracts.
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