Licensing in the Fuel аnd Energy Complex іn Ukraine

There are both, positive and negative views regarding the need for licensing of certain economic activities. The licensing is a tool of necessity in the administrative funds system, which should be used reasonably. Moreover, the need to improve the licensing is indicated in the program of economic reforms in 2010-2014 years: «Prosperous Society, Competitive Economy, Effective State». However, full implementation is not achieved. Thus, disclosure of the theoretical and practical basis for licensing of economic activities in the fuel and energy complex in Ukraine will not only improve the licensing system, but also energy security of Ukraine. There is the following scientists in national and foreign literature that have attend to licensing: V. Averyanov, O. B andurka, D. B ahrac, E. B ekirova, V. B usel, S. Vitvitskyy, E. Gubin, Z. Ionova, S. K ivalov, P. Palchuk, I. Pastuh, N. Saniahmetova, Y. Shemshuchenko, L. Shestak and others. However, licensing in the fuel and energy complex in Ukraine was not examined in complex. The purpose of this article is to characterize in general the licensing in the fuel and energy complex in Ukraine. This article emphasis on the fact that in the Commercial Code of Ukraine, as well as other experts in the disclosure of meaning of «licensing» is used the term «means». Therefore, it is explored the essence concept of «means» and proved that the most reasonable and appropriate is understanding of licensing in the fuel and energy complex in Ukraine as a means of administrative and legal regulation of licensed activities in the fuel and energy complex in Ukraine. Besides, there was conducted comparative description of licensed relations for certain types of licensed activities in the fuel and energy complex in Ukraine. Based on these data it was found that licensing in the fuel and energy complex in Ukraine – is a mean of administrative and legal regulation of licensed activities in the fuel and energy complex in Ukraine, the content of which is the activity of competent authorities to issue, restructure, suspending the force and revoke licenses, issuance of duplicate licenses, recognition invalid license, issuing orders to eliminate violations of license conditions and orders to eliminate violations of legislation on licensing.
There is no unified state policy in the area of licensing and licensed relations in the fuel and energy complex in Ukraine. Differentiation is, in particular: a) in the amount of license fee; b) in the terms of issue of the license; c) the need to include to the license application the document confirming fee payment for issue of the license.