Risk-oriented approach to the licensing of natural gas supply

Authors

DOI:

https://doi.org/10.31617/3.2025(140)04

Keywords:

energy sector, natural gas market, licensing, issues, legislative shortcomings, regulator.

Abstract

A wide range of issues dedicated to identifying problems and prospects for improving the licensing of activities in the field of natural gas supply in Ukraine has been highlighted. The relevance of the study is due to the practical and legal imperfection of the mechanisms for licensing activities in the natural gas market, considering the existing problems with the transparency of procedures, excessive bureau­cracy, ambiguity in the interpretation of legislative norms, as well as insufficient control over the imple­mentation of licensing conditions. These factors create risks for the functioning of the market and reduce trust from both consumers and potential investors. Therefore, conducting an analysis of the problems of the current licensing system and identifying ways to improve it is especially relevant. The study has practical significance for the formation of an effective legal framework that will ensure the stability of natural gas supply and promote the development of a competitive market. This study is based on the hypothesis that in the conditions of a full-scale war in Ukraine, the licensing issues in the natural gas market not only remained relevant, but have also intensified due to a number of specific factors related to security, the economy and state coordination. To verify and confirm this hypothesis, a system of general and special legal methods was applied. The involvement of analytical methods, such as deduction, induction, and comparison, made it possible to outline the existing legal shortcomings in the field of licensing activities in the natural gas market. The systematic approach was used in identifying the relationships between the elements of the licensing system. The formal and legal method was used as the basis for determining some features of the licensing system for activities in the natural gas market under martial law. Based on the empirical method, the practice of applying responsibility to licensing entities has been studied. The forecasting method made it possible to outline the prospects for the development and reform of the industry. The results obtained in the course of the research confirmed the hypothesis of this study.

Author Biography

Nataliia DOBRIANSKA, Educational and Scientific Humanitarian Institute of V. I. Vernadsky Taurida National University

PhD (Law), Professor, Associate Professor at the Department of Public and Private Law

References

Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in natural gas and repealing Directive 2003/55/EC (2009). https://energysecurityua.org/ua/pereklad-zakonodavstva-es/dyrektyva-2009-73-yes-yevropeyskoho-parlamentu-i-rady/

Law of Ukraine "On licensing types of economic activity" No. 222-VIII (2015). https://zakon.rada.gov.ua/laws/main/222-19#Text

Law of Ukraine "On the National Commission for State Regulation in the Spheres of Energy and Public Utilities" No. 1540-VIII (2016). https://zakon.rada.gov.ua/laws/show/1540-19#Text

Law of Ukraine "On the natural gas market" No. 329-VIII (2015). https://zakon.rada.gov.ua/laws/show/329-19#Text

Podrez-Riapolova, I. V. (2018). Features of the legal regulation of licensing of economic activities related to the supply of natural gas. https://ndipzir.org.ua/conference/2018/12/14/RozvytokPidprVUkr18-36.pdf

Resolution of the Supreme Court (2021), in case No. 280/160/20 (2021, July 28). https://reyestr.court.gov.ua/Review/98614634

Resolution of the Supreme Court No. 380/744/20 (2021, July 28). https://reyestr.court.gov.ua/Review/98614663

Resolution of the National Commission for Regu-lation in the sphere of Energy and Public Utilities "On the approval of the Code of Gas Distribution Systems" No. 2494 (2015). https://zakon.rada.gov.ua/laws/show/v0428874-18#Text

Resolution of the National Commission for Regula¬tion in the sphere of Energy and Public Utilities "On approval of the Procedure for monitoring compliance by licensees engaged in activities in the spheres of energy and public utilities with legislation in the relevant areas and licensing conditions" No. 428 (2018). https://zakon.rada.gov.ua/laws/show/v0428874-18#Text

Resolution of the National Commission for Regu-lation in the Field of Energy and Public Utilities "On approval of the Licensing Conditions for conducting economic activities in the natural gas market" No. 201 (2017). https://zakon.rada.gov.ua/laws/show/v0201874-17#n14

Resolution of the National Commission for Regu-lation in the sphere of Energy and Public Utilities "On the Application of Sanctions" No. 827 (2025, June 3). https://www.nerc.gov.ua/timeline?&type=acts

Pushak, G. I., & Vasyliv, M. Yu. (2021). Problems of developing the natural gas market in Ukraine on a competitive basis. Bulletin of Economic Science of Ukraine, (2), 76-83. https://doi.org/10.37405/1729-7206.2021.2(41).76-83

Regulation of the European Parliament and of the Council (EU) No. 2017/1938 of October 25, 2017, on measures to ensure the security of gas supply and repealing Directive (EU) No. 994/2010 (2017). https://zakon.rada.gov.ua/laws/show/984_039-17#Text

Treskov, A. V. (2017). Theoretical foundations of state regulation of the development of the fuel and energy complex in the context of ensuring energy security. Bulletin of the National University of Civil Protection of Ukraine. Series: Public Administra¬tion, 1(6), 375-381.

Published

2025-09-16

How to Cite

[1]
DOBRIANSKA Н. 2025. Risk-oriented approach to the licensing of natural gas supply. Foreign trade: economics, finance, law. 140, 3 (Sep. 2025), 45–53. DOI:https://doi.org/10.31617/3.2025(140)04.