Issue: № 5, 2026
Doi: https://doi.org/10.37634/efp.2026.5.2p
The paper studies the legal aspects of implementing European experience in state regulation in the field of electricity and energy efficiency. It is noted that the regulatory and legal basis for ensuring state regulation in the field of electricity and energy efficiency in the European Union is the directives of the EU Council and the European Parliament: on common rules for the internal electricity market; on energy efficiency; regulations: on the internal electricity market; on risk preparedness in the electricity sector; on the establishment of the European Union Agency for the Cooperation of Energy Regulators; European Commission regulation establishing guidelines for capacity allocation and congestion management. These documents constitute the so-called "fourth energy package", which, together with the documents of the previous three "energy packages", forms EU energy law. The paper indicates that an important feature of EU energy law is the introduction of the obligation of EU Member States to designate one or more authorized bodies entrusted with regulatory functions in the field of electricity, while they must be able to make decisions on all issues of energy regulation and energy efficiency for the proper functioning of the internal electricity market, must be completely independent of any other public or private interests (except for judicial review of decisions of these bodies or parliamentary oversight in accordance with the constitutional law of the Member States), including in terms of budgetary autonomy. The relevant regulatory bodies exercise both powers in the field of supervision, control over the activities of energy market entities, licensing their activities, certification of energy facilities, and establishment of rules and norms aimed at improving energy efficiency, while the appointment of the heads of these bodies requires the appropriate approval of several executive bodies. The paper also analyzes the content of the draft Law of Ukraine No. 12087-d (currently the law has been adopted in the second reading and sent for signature to the President of Ukraine), according to which the powers of the National Commission for State Regulation in the Energy and Utilities Sectors as a regulatory body are changed, and a legislative basis is created for the full market integration of Ukraine as a Contracting Party to the Energy Community into the single European electricity market.
Keywords : electric power, energy efficiency, energy regulator, public administration bodies, energy audit, energy management system, electricity market, regulatory body, state regulation of economic activity
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