Received 07.05.2025, Revised 07.06.2025, Accepted 30.06.2025
Currently, energy law is a complex system of rules covering the entire flow of the energy cycle – from resource extraction to energy consumption. Although a significant part of these relations is related to the use of natural resources and is traditionally considered within the framework of natural resource law, there are compelling reasons to recognise energy law as an independent branch. This issue becomes particularly relevant in light of the upcoming restoration of Ukraine's energy infrastructure after the war. This process will have unique aspects and problems that require separate, systematic and clear legal regulation that is not limited to the framework of natural resource law. The purpose of the study is to analyse the genesis of the separation and establishment of energy law as a separate branch of law and to substantiate the importance of this process. To achieve this goal, the author used the methods of analysis and synthesis, induction and deduction, comparative, historical, systemic, formal-logical, formal-legal (dogmatic), comparative legal methods and the method of interpretation of legal provisions. Thus, the work analyses an important theoretical issue of legal science – the process of origin, separation and formation of energy law as an independent branch, and also substantiates the practical significance of this process for the development of the legal system. As a result, the theory of studying the objective and subjective prerequisites for the formation, development and functioning of energy law as an independent branch of the national legal system of Ukraine has been further developed, and unlike existing approaches, it contains a comprehensive justification of such a process in terms of historical trends in the development of natural resource law, compliance with theoretical approaches to the definition of independent branches of law, and is substantiated by theoretical analysis of the key elements and criteria for defining energy law and The practical value of the study is the formation of a set of provisions regarding the current structure and problems of energy law, forecasting the future development of energy law, improving legislation and law enforcement practice, developing the science of energy law, and improving the quality of legal education.
energy law, natural resource law, branch of law, distinction of energy law, elements of energy law definition, criteria for defining energy law
https://doi.org/10.31359/1993-0909-2025-32-2-138
Retrieved from Journal NALSU №2, 2025 year
Pages 138-156