In 2023, for the first time, the concept of self-production and the legal norms governing relations regarding its functioning were enshrined in the legislation of Ukraine. Thus, a new model for the participation of active consumers in the electricity market was introduced for the Ukrainian electric power industry. The novelties of the national legislation require scientific research in order to create a theoretical concept of consumer participation in the electricity market using the mechanism of self-production. The mechanism of self-production as a component of distributed generation is important for the energy system of Ukraine in the current conditions of its functioning during a full-scale war, as well as in the light of further prospects for the post-war period. Due to the novelty of the normative material, there are currently no Special legal research is devoted to this issue.

The purpose of the study is to define the concept of the mechanism of self-production of electric energy by active consumers; to determine the elements of such a mechanism of self-production, their characteristics and to identify the features of their legal regulation.

As a result of the scientific research, a scientific and theoretical definition of the concept of the mechanism of self-production through the category of legal relations has been formulated.

The elements of the mechanism of self-production, which determine the features of its legal regulation, include: 1) subject composition; 2) types of activities of the parties to legal relations; 3) the purpose of the mechanism; 4) composition of property of active consumers (third parties); 5) contract as the basis for the emergence of legal relations; 6) rules for settlements between an active consumer and an electricity supplier.

It is proposed to divide the participants of the self-production mechanism into basic and additional. The main entities are those that are necessary and sufficient participants in the mechanism of self-production and are in legal relations with each other, namely: 1) active consumer; 2) electricity supplier (including universal service supplier). Additional participants are third parties who are in legal relations with active consumers.

The normative definition of the concept of self-production mechanism, enshrined in Part 1 of Article 1 of the Law of Ukraine “On Alternative Energy Sources”, is not complete and is identified with the scheme of support for active consumers, which, however, refers to the rules of settlements between an active consumer and an electricity supplier and is one of the elements of the selfproduction mechanism.  It is proposed to amend the Procedure for the sale of electricity produced by active consumers and payments for it.

Bibliography

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