Legal mechanisms for ensuring Ukraineʼs energy security during martial law in the context of natural resource and environmental protection

Анотація

The aim of the study was to develop a systematic approach to improving the legal mechanisms for ensuring Ukraineʼs energy security in a state of martial law, based on a balance between the stateʼs security and environmental interests. The methodological basis of the study consisted of systemic-structural, comparative-legal and formal-legal methods used to study national legislation, international regulatory acts and the practical experience of European countries. The main shortcomings of legal regulation were identified: the lack of specialised regulatory and legal acts on the restoration of energy infrastructure taking into account environmental standards, insufficient coordination between authorities and incomplete implementation of European environmental standards. The legislative basis for the successful experience of European countries has been analysed: Germanyʼs achievement of a 45.4% share of renewable energy sources in the electricity sector, Franceʼs implementation of a programme to reduce the share of nuclear energy to 50%, Swedenʼs implementation of a strategy for a complete transition to renewable energy sources by 2040, Denmarkʼs achievement of generating more than 50% of its electricity from wind and solar power, and Polandʼs implementation of a programme to diversify its energy balance with a plan to increase the share of renewable energy sources to 23% by 2030. Based on European practices, comprehensive proposals have been developed to improve Ukrainian legislation: amendments to the Law “On the Legal Regime of Martial Law”, the creation of a special Law “On Energy Security”, the formation of a single coordination centre under the National Security and Defence Council of Ukraine, and the introduction of mechanisms to stimulate renewable energy through a system of “green” tariffs and simplified administrative procedures. The results of the study provide a theoretical and practical basis for improving state policy in the field of energy security and environmental protection in the context of martial law and post-war reconstruction in Ukraine

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