Ensuring Energy Independence of the State and Constitutional Human Rights (Problems of Research Methodology)

Abstract

The purpose of this article is the scientific justification of the energy independence of the state based on a comprehensive analysis, interdisciplinary and interdisciplinary approaches, various research methods. This involves solving a number of tasks, namely: the doctrinal study of the nature and essence of the energy independence of the state, as well as other related categories, the peculiarities of ensuring the energy independence of the state in modern conditions, the interdependence of mechanisms for ensuring constitutional human rights and energy independence, sovereignty and security of the state. Research methodology. Given the variety of methodological tools of modern jurisprudence, in order to achieve the set goal, first of all, the use of interdisciplinary and interdisciplinary approaches, along with many others, became expedient. The conceptualization of energy independence presupposes the accumulation of existing assets of historical, legal, economic science, national security and public administration, ecology, etc., as well as the methodology inherent in them. On the basis of numerous principles and approaches, relevant methods, namely, systemicity and complexity, multifacetedness, standardization, strategizing, hermeneutics and comparativistics, modeling, forecasting, etc. a comprehensive analysis of the investigated phenomena (energy independence of the state, the mechanism of its provision, energy security, energy sustainability, their constitutional guarantees, human rights in this area etc.) was carried out. Results of the research. The study of the new for modern science category «energy independence» presupposes the generalization of theoretical achievements of representatives of various branches of domestic and foreign science. Clarifying the relationship between energy independence of the state and energy security, energy sovereignty, energy sustainability demonstrates that these are not the same and mutually subordinate, but complementary phenomena. The normative and legal basis for ensuring Ukraine's energy independence appears to be quite contradictory and fragmented, which includes a significant number of by-laws and requires adaptation to EU legislation, establishing effective guarantees for ensuring the energy independence of the Ukrainian state, energy security and energy sovereignty. The approach to distinguishing, in the context of the constitutional right to a sufficient standard of living (standard), the right to access to energy services, the right to energy security as a human right, the corresponding obligations, in particular, the efficient consumption of energy resources, etc., seems justified. Practical significance. The events of recent years, in particular, the energy crises and armed aggression against Ukraine, which led to the destruction of energy infrastructure facilities, violations and restrictions of numerous human rights and freedoms, actualize the attention of scientists and legislators, other legal subjects of the legislative initiative on the separation and proper regulation, ensuring effective mechanisms for the realization of the right to access to energy services, the right to energy security, along with the existing constitutional rights and freedoms of a person (in particular, the right to a sufficient standard of living for oneself and one's family, which includes sufficient food, clothing, housing, etc.). It is legitimate to further study the role and functions of the state in ensuring the mentioned and other related human rights, as well as the implementation of strategic tasks to effectively ensure the energy independence of the Ukrainian state, attracting international support for the reconstruction of the energy infrastructure and holding the aggressor states accountable for the committed crimes We believe that a set of such measures will contribute to ensuring nuclear safety in the world, energy security of Ukraine and Europe.

Keywords: energy security; energy independence of the state; energy sovereignty; human rights; constitutional and legal guarantees; methodology.