Energy infrastructure: an overview of regulatory and doctrinal approaches

The energy sector is recognized as one of the most important components of the national resilience system. In recent years, the Russian Federation has carried out targeted actions aimed at destroying Ukraine’s energy infrastructure, with various power plants, networks, gas storage facilities, and other facilities being damaged. The modernization and development of energy infrastructure are key areas for achieving the strategic goals of national development and for fulfilling tasks related to the restoration of infrastructure facilities. The term ‘energy infrastructure’ is actively used in legislation. Although current Ukrainian legislation contains its legal definition, it is rather limited, which leads to different approaches to its interpretation and complicates the formation of a unified terminological base in both rule-making and law enforcement activities. Based on the results of the study, an analysis was conducted of regulatory and doctrinal approaches to defining the concept of “energy infrastructure”, as well as other terms similar in meaning and legal nature. The author proposes a definition of “energy infrastructure” that covers various facilities intended for the extraction, conversion, transportation, distribution, storage, and supply of energy resources and energy, as well as for ensuring the security, stability, and continuity of the functioning of the state’s energy system. It is argued that the official establishment of the definition of “energy infrastructure” at the legislative level would unify law enforcement practice, ensure legal certainty, and promote the harmonization of regulatory and legal acts in the fields of energy and critical infrastructure. Given the current regulatory framework, it would be most appropriate to enshrine this concept in the Law of Ukraine “On Critical Infrastructure.” At the same time, a more detailed description and classification of energy infrastructure should be provided in strategic documents. It is also noted that, in the event of a conceptual renewal of legislation, such a definition could be incorporated into possible new legislative acts, for example, the Law of Ukraine “On Energy” or the Law of Ukraine “On the Basic Principles of Ensuring the Energy Security of Ukraine.”