Адміністративне правo і процес
ISSN: 2227-796X (Print), ISSN: 2617-8354 (Online)

Науково-практичний журнал‚ заснований Київським національним університетом імені Тараса Шевченка

Purpose of the paper is to provide the legal analysis of correlation of regulation and competition to determine the role of regulatory authorities in the promotion of competition in the public utilities sector. Methods. The analysis of notions of the relations between regulation and competition, as well as form of competition in the public utilities sector is based on the formal logical and deductive methods. Results. The first part is focused on the analysis of different approaches to the correlation of regulation and competition in network industries. Different notions of the relations between regulation and competition are considered, namely such notions as deregulation, re-regulation, regulation-of-competition, regulation-for-competition and meta-regulation. The second part highlights forms of competition in the public utilities sector, including separation of vertically integrated monopolies and yardstick competition. The author refers to several approaches to restructuring of utilities and their regulation and concludes that yardstick competition facilitated by regulatory authorities has a great potential in the public utilities sector. The third part deals with the role of regulatory authorities in promotion of competitive mechanisms in the public utilities sector of Ukraine. Based on the analysis of the legal framework the author comes to the conclusion that Public Utilities Regulator in Ukraine may promote competition through performing monitoring over competitive segments of the market, regulation of access to networks and incentive-based regulation that includes different forms of yardstick competition. Conclusions. First, regulation and competition are not exclusive, but complementary and non-competing mechanisms that can co-exist within one market. Second, introduction of direct and indirect forms of competition in the public utilities sector expands a toolbox of the regulatory authorities by empowering regulators to perform monitoring over potentially competitive markets, access regulation and incentive-based regulation. Third, the Energy and public utilities regulator in Ukraine is responsible for promotion of competition that expands its functions far beyond core regulation ones; striking a careful balance between core regulatory and monitoring functions gains extraordinary importance.

 

Rohoza Y. E. Development of the principles of openness and transparency in European legal doctrine

    The article deals with analysis of the principles of openness and transparency in public administration. The evolution of these principles in European doctrinal tradition is analyzed. Development of the principles of openness and transparency in the constitutional and legislative context are reviewed.

    The wide and narrow concepts of openness are examined. Different defi nitions of the categories «openness» and «transparency» are proposed. The scientifi c approaches by foreign scientists are divided into two groups considering the substantive and procedural aspects of openness and transparency.

    The article also provides different forms of normative regulation regarding these principles. The differentiation between the requirements of openness and transparency are formed.

    The suggestions as to the forms and methods concerning administrative legal regulation of the defi ned principles in the national doctrine are made. It is justifi ed that adoption  of the Ukrainian Code of Good Administration and the Administrative Procedure Code would improve the implementation of the principles of openness and transparency in public administration in both Ukrainian legislation system and national legal doctrine.

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