PROBLEM ASPECTS OF RESOLVING ADMINISTRATIVE MATTERS WITH THE PARTICIPATION OF PUBLIC ADMINISTRATION BODIES CARRYING OUT STATE REGULATION IN THE SPHERES OF ENERGY

Abstract

Introduction. The modern development of economic relations in Ukraine leads to an increase in the role of public administration bodies in the implementation of legal regulation of certain spheres of economic activity, including the energy sector. In this regard, the problem of resolving administrative cases with the participation of such bodies is of particular relevance. Administrative proceedings in the relevant category of disputes are an important mechanism for ensuring legality, protecting the rights of business entities and controlling the activities of government institutions. At the same time, the issue of resolving administrative cases with the participation of public administration bodies that carry out legal regulation in the energy and utilities sector has not received proper scientific research.

Purpose. The purpose of the study is to reveal the applied aspects of resolving administrative cases with the participation of public administration bodies that carry out state regulation in the energy and utilities sector.

Materials and methods. The materials of the study are: 1) regulatory and legal support for resolving administrative cases with the participation of bodies that carry out state regulation in the energy and utilities sector; 2) works of scientists who have studied issues in the field of state regulation in the energy sector, the legal status and powers of bodies that carry out such regulation, including the National Commission that carries out state regulation in the energy and utilities sector.

The following scientific methods were used in the research process: empirical method (provided an opportunity to collect the necessary data to study the issues of resolving administrative cases with the participation of public administration bodies that carry out state regulation in the energy sector); observation (allowed us to study judicial practice in cases with the participation of public administration bodies that carry out state regulation in the energy sector); logical generalization of results (provided an opportunity to formulate conclusions).

Results. The scientific article reveals problematic aspects of the participation of the National Commission for State Regulation in the Energy and Utilities Sectors in administrative cases, including the recognition of its decisions, actions, and inaction in the field of setting tariffs for energy services as unlawful, and violations of the Licensing Conditions for Conducting Economic Activities in the Energy Sector; indicates the ambiguity of the interpretation in judicial practice of the nature of the discretionary powers of the National Commission for setting tariffs for energy services; reveals cases of the National Commission's participation in administrative proceedings as a plaintiff. It is noted that the right of the National Commission for State Regulation in the Energy and Utilities Sectors to file an administrative claim is determined by the relevant law, and not by the Code of Administrative Procedure of Ukraine, which is a deficiency in legislative technique that should be eliminated.

Discussion. In further scientific research, it is proposed to focus on the specifics of resolving administrative cases with the participation of other public administration bodies that carry out state regulation in the field of energy and utilities.