LEGAL REGULATION OF INNOVATIVE DEVELOPMENT IN THE SPHERE OF RENEWABLE ENERGY
Journal Title: Право та інновації - Year 2017, Vol 1, Issue 17
Abstract
Problem setting. The article is devoted to the issue of the essence of innovations development in the field of renewable energy and some of the issues that arise within its legal regulation. The aim of this paper is elucidation of the essence of innovative development in the field of renewable energy and analysis of the basics of its legal regulation. The object is considered to be the innovative relations on the implementation of alternative technologies, and the specific object is the analysis of some legal issues to arise in this case. Analysis of resent researches and publications. The researches in the area of alternative energy today are normally held in the framework of economic and technical aspects by the following scientists: H. H. Heletukha, T. A. Zheliezna and others. The energy issues in legal science are analyzed by S. A. Svirkov (civil aspect of energy circulation ), A. P. Vershynin, S. D. Bilitskyi (international aspect of alternative energy regulation) and others. Article’s main body. The modern trend in the energy sector is the development of renewable energy on the basis of its innovative evolvement that means the development and dissemination of modern technologies for obtaining the energy from renewable sources. State regulation of innovation development of renewable energy provides: 1) an active introduction of innovative technologies; 2) formation of the modern innovative infrastructure. However, the legislation does not specify mechanisms for the implementation of the energy strategy, does not establish the «liability for failure to comply with the energy strategy». The new law is worth adopting in order to bring the amendments to the current legislation on strategic planning of the state and to clearly provide the means and procedures for implementation of and responsibility for the failure of fulfillment. An active development of renewable energy will encourage the formation of the innovation infrastructure, which means quick development in related industries (small and medium enterprises in the fields of plant engineering, wind power plants, thermal power stations for burning of biomass and biogas, solar thermal power plants and the like); the transition to the «smart grid» (Smart Grid). An effective basic of innovative technologies in renewable energy establishment is a public-private partnership. However, there are drawbacks that hinder the development of this institute in a proper measure: 1) the absence of transparent competitive procedures for the involvement of private partners; 2) concession legislation is not in compliance with the Law «On public-private partnership»; 3) lack of a single authority which would deal with investment issues in Ukraine. Conclusions and prospects for the development. Significant responsibility for innovation in the sphere of renewable energy lies on the state as well as on effective mechanism of legal regulation. It is essential to create the unified state energy policy, with clear responsibility for failure to comply with the energy strategy, to establish effective mechanism of implementation of technologies in the sphere of renewable energy, and to build innovation infrastructure through the development of smart grids.
Authors and Affiliations
M. M. Kuzmina
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