Ukraine is gradually forming a new model of energy space, which provides for the departure from the monopolization of energy markets by large producers, diversification of energy sources, reduction of fossil fuel use and operation of outdated energy generation technologies associated with increased environmental risks and depletion of natural resources. Currently, one of the leading directions of transformation of relations in the energy sector of the country is to develop energy production from renewable sources, which includes biomass. This development means not only an increase in the capacity of renewable energy in general and bioenergy in particular, which allows solving purely energy problems, but also a significant improvement in the environmental and social characteristics of the energy sector. The available legal means do not allow a comprehensive approach to this issue, because the degree of adaptation of Ukrainian legislation in the field of renewable energy sources to the principles and requirements of sustainability remains quite low. In this regard, the search for legal ways to harmonize the mechanism for stimulating bioenergy with the priorities of sustainable development is becoming a very important scientific and practical task.

The aim of the research is to substantiate conceptual approaches and scientific and practical proposals on legal ways to increase the effectiveness of stimulating bioenergy on the basis of sustainability in the context of the peculiarities of the social and economic situation in Ukraine.

It is demonstrated that the impact of the sustainability factor on the mechanism for stimulating the development of the bioenergy sector in Ukraine is weak and insufficiently pronounced. The authors emphasized that the lack of special requirements for sustainability of biofuels in Ukraine makes impossible the environmental and climate transformation of the feed-in tariff, “green” auctions, tax, credit benefits and other forms of bioenergy support. This paper formulated a theoretical position stating that the framework ofsustainability clearly defined in the legislation should be considered as the limits of state support for bioenergy projects, which will ensure a real environmental orientation of the incentive mechanism in the bioenergy sector.

The consideration of the sustainability and the greenhouse gas emissions saving criteria established by the legislation of the European Union during the assessment of state aid admissibility for biomass use with the introduction of appropriate changes to the Criteria for assessing the admissibility of state aid to economic operators for environmental protection is argued. The authors specified that the implementation of these criteria can be fully or partially postponed at least for the period of martial law, taking into account institutional, technical, economic and other challenges, as well as the primary needs of ensuring the country’s energy security. This deviation from the European course of “green” energy transformation is forced, short-term and will not lead to changes in long-term development priorities of Ukraine.

Bibliography

Authored books

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2. Hryhorieva Kh, ‘Derzhavne stymuliuvannia alternatyvnoi enerhetyky: porivnialnopravovyi analiz’ (2021) 4 Yurydychnyi visnyk 109–17 (in Ukrainian).

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Websites

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