Penalties as a form of economic-legal liability in the energy sector

In the article, the current state of research on the application of penalties as a form of economic-legal liability is analysed, both generally and specifically in the energy sector. The specificity of applying this form of economic-legal liability in the energy sector is studied, along with existing problematic issues related to its application, and proposals for their resolution are provided. The enforcement practices of the Supreme Court regarding the application of this form of economic-legal liability are examined. The role of the National Energy and Utilities Regulatory Commission in regulating the application of penalties among participants in energy markets is studied. Ways to improve the legal regulation of penalty application in the energy sector are proposed, including minimizing the likelihood of participants in energy markets committing similar violations in the future and fostering a high level of adherence to current legislation. The aim of the work is to identify the patterns and essential characteristics in the application of penalties as a form of economic-legal liability; to define what constitutes penalties in economic legal relations; to determine the specific features of this form of liability in the energy sector; to uncover the grounds and key characteristics applied in the energy sector under the current conditions following the establishment of energy markets in Ukraine (natural gas and electricity markets). The study also aims to determine the main features and distinctions between liquidated damages, fines, and penalties. The following materials were used in the research: legal acts that define the grounds for applying penalties; works of scholars conducting scientific and practical research in the field of economic-legal liability; and domestic court practices. The study identified the main patterns in the application of such a form of liability as penalties, both generally and in the energy sector. The grounds and key characteristics of penalty application in the energy sector are revealed, and examples of the application of such penalties to economic entities-participants in energy markets-are provided. The research employed methods of theoretical generalization and grouping, formalization, analysis and synthesis, and logical generalization of results (formulating conclusions).