Teisinio reguliavimo aktualijos Lietuvos gamtinių dujų rinkoje

Abstract

The authors of the article analyze the topicalities of the legal regulation of the natural gas market of Lithuania. This issue was not chosen accidentally. Firstly, natural gas sector is one of the most important in the state. Secondly, the problems of the legal and economic regulation of natural gas market are very tricky and sensitive. Thirdly, this topic is significant both in theory and in practice. This article is divided into three parts. The conception of and the need for the legal regulation of natural gas market in the context of social changes are described in the first part. The problems related to the situation in the natural gas market of Lithuania are presented in the second part. In the third part the authors disclose the main problems of the legal regulation of the natural gas market of Lithuania and suggest possible solutions. At the end of the article reasoned conclusions are drawn and recommendations regarding the necessary changes seeking for an effective legal regulation of natural gas market and protection of the rights of customers are suggested. In the authors’ opinion, the roughness of legal regulation has a negative impact on the economic regulation of natural gas market of Lithuania, on the promotion of competition in the natural gas sector, on the maintenance of a balance between the interests of natural gas undertakings and customers. A purposeful legal regulation is necessary in order to prevent the manifestations of the imperfections of the natural gas market: misuse of significant market power in a relevant market (transmission, distribution, or supply market), non-compliance with the natural gas supply security and service quality requirements, dissymmetry of information, etc. The authors recommend to authorize the National Control Commission for Prices and Energy to do a market analysis, to regulate the market analysis procedure, to impose appropriate obligations on undertakings having significant power in a relevant market (in cases when an undertaking has economic strength affording it a power to behave, to an appreciable extent, independently of competitors, customers and ultimately consumers). The evaluation of the property used in the regulated activity of natural gas undertakings has an essential impact on their normative profit, fixing the price caps of natural gas transmission and distribution. The problem is the basis for the evaluation of property. The authors recommend amending Article 23 of the Law on Natural Gas by including the principles regarding the estimation of the value of property used in the regulated activity of natural gas undertakings into it (the principles should be determined after a comprehensive economic analysis). In this article several methods of scientific research were used: systematic analysis, document analysis, comparative analysis and professional experience methods.