State support of bioenergy in Ukraine: legal problems

A. I. Hodovaniuk; K. A. Hryhorieva; Y. O. Platonova; O. V. Stepska; I. Y. Chumachenko

A. I. Hodovaniuk Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy" https://orcid.org/0000-0002-2577-1683
K. A. Hryhorieva Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy" https://orcid.org/0000-0001-7659-2178
Y. O. Platonova Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy" https://orcid.org/0000-0002-5688-7857
O. V. Stepska Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy" https://orcid.org/0000-0003-4402-2490
I. Y. Chumachenko Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy" https://orcid.org/0000-0003-0682-6404

Keywords: Bioenergy, biofuel production, agriculture, biomass, agroprotective law, state support, ecology.

Abstract

The article is devoted to the study of state support in the field of bioenergy production in Ukraine. It is mentioned, that it is still not clear the legal nature of agricultural bioenergy relations. However, it is quite clear that relations on state support of bioenergy production (in terms of production of biofuels from agricultural raw materials) belong to the subject of agroprotective law and are regulated by it. This is due to the fact that: first, the objects of bioenergy relations are biomass and biofuels, which are agricultural products; secondly, the subjects of bioenergy relations are mainly agricultural producers or processors; thirdly, the content of bioenergy relations is in the production and processing of agricultural products. That is, bioenergy relations at the stages of production (formation) of biomass and its processing into biofuels constitute a type of agricultural activity, the state support of which is regulated by agroprotective law. It is revealed that in terms of state support should be taken such measures as: support of processing of actually produced agricultural products by its producer; support of creation of agricultural processing cooperatives; support of bioenergy production, which is based on the process of processing biomass into biofuels. Improvement of agroprotective legislation in this area should occur by: a) foreseeing universal legal mechanisms to support processing activities in the Law of Ukraine "On state support of agriculture of Ukraine"; b) addition to the Law of Ukraine "On agricultural cooperation" of agroprotective provisions on agricultural processing cooperatives; c) adoption of the Law of Ukraine "On production and sale of biofuels".

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Author Biographies

A. I. Hodovaniuk, Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy"

PhD, Doctoral Candidate at the Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy"

K. A. Hryhorieva, Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy"

PhD, Doctoral Candidate at the Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy"

Y. O. Platonova, Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy"

PhD, Associate Professor at the Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy"

O. V. Stepska, Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy"

PhD, Associate Professor at the Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy"

I. Y. Chumachenko, Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy"

PhD, Associate Professor at the Department of Agricultural, Land and Environmental Law of the National University "Odesa Law Academy"

References

Ardelyan D.V. (2009). On the biodiesel market in Ukraine. APK economy, 7, 136-147.

Bodak O. (2017). The place of alternative energy sources in the system of objects of environmental law of Ukraine. Entrepreneurship, economy and law, 7, 58-63.

Customs Code of Ukraine. (2012). Vidomosti Verkhovnoi Rady, 46-47, 48.

Fedorovich V.I. (2015). Legal problems of using unallocated (unclaimed) land units. Legal problems of development of rural territories of Ukraine. Kyiv (p. 177).

Gorda O. (2008). The Dutch experience of using raw materials. Farmer, 9 (18), 90 - 91.

Grigorieva H.A. (2014). Legal status of agricultural processing cooperatives as subjects of bioenergy production. Actual problems of ecological, land and agrarian relations: theoretical, methodological and applied aspects. Kharkiv, 220 - 222.

Issues of Importing Energy Saving Materials, Equipment and Supplies to the Customs Territory of Ukraine under Projects of Demonstration of Japanese Technologies: Resolution of the Cabinet of Ministers of Ukraine dated March 30, 2016 No. 293. (2016). Government Courier, 72.

Kishko-Erli O. B. (2010). Institute for Legal Regulation of the Use of Renewable Energy Sources of Natural Resources Law of Ukraine. Journal of the Kyiv University of Law, 2, 251 – 254.

Kovalenko T.O. (2010). Land conservation in crop production for biofuel production: defects in legal regulation. Scientific Bulletin of NULES of Ukraine. Legal series, 156, 137 - 148.

Kulchiy I.M. (2015). Organizational and legal support of diversification of rural territories with the participation of agricultural producers. Kharkiv: Yuright (p. 210).

Latysheva V.V. (2015). Energy efficiency as means of sustainable development of rural territories: legal aspect. Legal problems of development of rural territories of Ukraine. Kyiv (p. 146).

Nekit K., Shershenkova V., Voloshyna S. (2019). Fiduciary ownership in Ukrainian legislation. Amazonia investiga, 24(8), 6-13.

Obolenska S.A. (2016). Legal issues of application of the "green" tariff for biofuels produced by agricultural producers. Constitutional principles of agrarian, land and environmental law of Ukraine: 20 years of development. Kyiv (p. 160).

On alternative energy sources: Law of Ukraine dated February, 20, 2003. Vidomosti Verkhovnoi Rady, 24, 155.

On Amendments to the Tax Code of Ukraine and Certain Legislative Acts of Ukraine on Tax Reform: Law of Ukraine dated December 28, 2014. (2015). Vidomosti Verkhovnoi Rady, 7-8, 9.

On approval of the Procedure of using the funds provided in the state budget for financial support of agricultural entities through the mechanism of cheaper loans and compensation of leasing payments: Resolution of the Cabinet of Ministers of Ukraine dated August 11, 2010 No. 794. (2010). Government courier, 172.

On approval of the Program of Development of Diesel Biofuel Production: Resolution of the Cabinet of Ministers of Ukraine dated December 22, 2006 No. 1774. (2006). Official Bulletin of Ukraine, 52, 225.

On approving the Procedure of using the funds provided in the state budget for financial support of measures in the agro-industrial complex: Resolution of the Cabinet of Ministers of Ukraine dated February 13, 2012 No. 104. (2012). Government courier, 33.

On state support for agriculture of Ukraine: Law of Ukraine dated June 24, 2004. (2004). Vidomosti Verkhovnoi Rady, 49, 527.

Pastuh A.V. (2015). On the objects of legal relations in the field of cultivation and processing of agricultural raw materials for biofuel production. State and law. Legal science, 68, 346 – 360.

Pastuh A.V. (2016). Legal problems of creation of energy cooperatives, which carry out cultivation and processing of agricultural raw materials for biofuel production. Scientific Bulletin of Kherson State University. Legal Sciences Series, 1, 117 - 119.

Pastuh A.V. (2018). Legal regulation of formation and functioning of e-commerce system for solid biofuels in Ukraine. Entrepreneurship, economy and law, 10, 68 - 72.

Romanko S. M. (2014). Energy Law - the New Institute of Natural Resources Law? Actual problems of environmental, land and agricultural legal rights: theoretical and methodological and applied aspects. Kharkiv (p.166).

Rud Y.M. (2015). Definition of the term "biomass" according to the legislation of Ukraine. Scientific Bulletin of NULES of Ukraine. Legal series, 197, 163 – 169.

Savelyeva E. N. (2017). On the prospects for the development of agricultural bioenergy relations in Ukraine. Priority areas for the development of environmental, land and agricultural law. Minsk: Publ. BSU Center (p. 191).

Siryachenko I.I. (2014). Legal aspects of the use of alternative energy sources in Ukraine. Actual problems of ecological, land and agrarian relations: theoretical, methodological and applied aspects. Kharkiv (p. 168).

Tax Code of Ukraine (2010). Vidomosti Verkhovnoi Rady, 15-16, 17.

Yermolenko V.M. (2015). Legal regulation of the use of alternative energy sources in agriculture. Legal support for economic development and environmental security of society. Vinnitsa: DonNU (p. 216).