ADMINISTRATIVE LEGAL RELATIONS IN THE FIELD OF SOLAR ENERGY AND THEIR IMPACT ON ENERGY EFFICIENCY IN UKRAINE

Abstract

The article examines administrative legal relations in the field of solar energy in Ukraine and their impact on the country’s energy efficiency under the conditions of martial law and ongoing European integration reforms. The relevance of solar energy development is substantiated as one of the key factors for ensuring energy security and resilience of the power system in the context of protracted armed aggression, destruction of critical infrastructure, and the need to reduce dependence on fossil fuels. It is shown that solar generation, which reached about 10 GW of installed capacity by 2022, has become an essential component of Ukraine’s energy balance and a crucial element in the implementation of national renewable energy policy. Based on the analysis of Ukrainian legislation, by-laws, decisions of the National Energy and Utilities Regulatory Commission (NEURC), case law of the Supreme Court, EU legal acts and policy documents, as well as scientific and analytical sources, the paper characterizes the regulatory and institutional framework governing solar energy. The main directions of administrative legal regulation are identified: licensing of electricity production, regulation of feed-in tariffs and auction-based support schemes, establishment of a special regime for the collection of penalties under martial law, and determination of the legal status of energy storage installations and distributed generation. Particular attention is paid to the legal implications of NEURC Resolution No. 332 of 25 February 2022 and Supreme Court decisions in cases related to the application of the moratorium on penalties, electricity imbalances, inflation losses and 3 % annual interest. The study reveals that, despite substantial progress in forming a modern regulatory framework, the development of solar energy is constrained by a number of barriers: regulatory instability, complex grid connection procedures, administrative delays in the implementation of tax incentives, insufficient legal clarity regarding agrivoltaics, energy cooperatives and storage systems. It is argued that decentralization of electricity generation, the spread of rooftop solar installations, energy cooperatives and hybrid systems with storage contribute to increased energy efficiency, reduced network losses and greater resilience of local communities to infrastructure attacks. The authors conclude that administrative legal relations in the solar energy sector are a key instrument for achieving Ukraine’s strategic objectives on increasing the share of renewables, meeting the targets of the National Energy and Climate Plan and aligning domestic regulation with EU law. Promising avenues for further research are outlined, including the improvement of the legal framework for auction-based support mechanisms, the legal status of energy communities, renewable energy certificates and the integration of solar generation into grid infrastructure in the post-war period.