Assessing the Impact of Ukraine’s International Obligations on the Tariff Policy in the Energy Sector

• Main Authors: Kyzym Mykola O., Salashenko Tetiana I., Kyzym Glib. M.
• Format: Article
• Language: English
• Published: Research Centre of Industrial Problems of Development of NAS of Ukraine 2018-02-01
• Series: Bìznes Inform
• Subjects: energy sphere; tariff policy; international obligations; energy markets; competition
• Online Access: http://www.business-inform.net/export_pdf/business-inform-2018-2_0-pages-148_159.pdf
• ISSN: 2222-4459; 2311-116X

The article presents an analysis of the existing international legal documents in the energy sphere, which define the features of the national energy policy of Ukraine. Among the main such documents are considered the Energy Charter Treaty, the Treaty on the establishment of the Energy Community, the Association Agreement between the Ukraine and the European Union. These international treaties have primacy over the national legislation, so their provisions should be of top priority in the course of formation of the national energy policy. At the same time, international commitments to implement the national tariff policy in the energy sector are not explicitly written in international documents. This fact allowed Ukraine to implement economically inefficient, non-competitive, and anti-social tariff policy in the energy sector. A systematization together with analyzing of the international obligations of Ukraine has allowed to determine that the following principles should be laid down in the basis of the national tariff policy in the energy sphere: non-discrimination of market participants on national affiliation; full reflection of efficient, including environmental, costs in conditions of sustainable development; transparency of regulatory policy; prohibition of distortion, limitation, and prevention of competition, as well as abusing of dominant position.