Energy state of emergency: what it means and why Ukraine isn't ready

So I'm reading that a state of emergency will be introduced in the energy sector.

And immediately the question arises: does anyone know what a state of emergency in the energy sector is? What is the management model under such a state? What gets cut, and what is allowed? Who gains additional powers and responsibilities, and who loses them? 

"And most importantly: what legal and regulatory acts provide for such a model?"

The answer: it doesn't exist and nothing provides for it.

Back in 2014, Yatsenyuk submitted a bill to parliament that provided for the possibility of introducing a state of emergency in the energy sector. 

In 2014, the problems in the energy sector were much smaller than now, and primarily it was about the risks of stopping energy resource supplies to Ukraine. Accordingly, the drafts of what a state of emergency would be were simpler. But to say that bill was ideal would be wrong.

In July 2014, it was adopted as a basis. But then there were elections, a new composition of parliament, and the bill had to be submitted again. However, later the situation in the energy sector normalized. And thus the questions of the legal and regulatory foundations of a state of emergency in the energy sector remained open. 

"So we have no model whatsoever for a state of emergency in the energy sector."

The absence of a prescribed management model is a risk of complete chaos and anarchy. Who will be vested with corresponding powers and why? And what will these powers be? Well, unless we proceed on the basis that anarchy is the mother of order... And we'll all go together to dig up Father Makhno.

State authorities must act within the limits and in the manner determined by the Constitution and laws of Ukraine. And accordingly, the model of a state of emergency in the energy sector must be defined in law.

Any attempts now to hastily write a law on a state of emergency is a risk of creating an ineffective model.

P.S. I didn't provide a detailed analysis of Yatsenyuk's bill. But if a new fresh document of this kind is born among us, I'll have to elaborate.

Source

About the author. Andrian Prokip, energy analyst at the Ukrainian Institute of the Future.

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