OECD Energy Investment Policy Review of Ukraine
This Review assesses Ukraine's investment climate vis-à-vis the country's energy sector reforms and discusses challenges and opportunities in this context. Capitalising on the OECD Policy Framework for Investment and other relevant instruments and guidance, the Review takes a broad approac...
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| Autor Corporativo: | |
| Formato: | Libro electrónico |
| Idioma: | Inglés |
| Publicado: |
Paris :
Organization for Economic Cooperation & Development
2021.
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| Ver en Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991009705111106719 |
Tabla de Contenidos:
- Intro
- Foreword
- Table of contents
- Acronyms and abbreviations
- Executive summary
- 1 Assessment and Recommendations
- Stocktaking of Ukraine's policy framework for investment in the energy sector
- Policy framework for investment
- The protection of investment in Ukraine
- Energy infrastructure in Ukraine
- Investment promotion and facilitation
- Public governance in Ukraine's energy sector
- RBC in Ukraine's energy sector
- 2 Stocktaking of Ukraine's Policy Framework for Investment in the Energy Sector
- Introduction
- Energy Profile of Ukraine
- Investment in Ukraine's energy sector takes an important place in the country's FDI
- Energy production and consumption
- Regulatory analysis of Ukraine's energy subsectors
- Upstream Oil and Gas sector
- Natural Gas Market
- Coal Extraction
- Electricity Generation and Transmission
- Wholesale Electricity Market
- Energy Pricing
- Crude Oil and Gas Condensate
- Natural gas
- Electricity
- Heat
- The government's energy strategy and future energy investment requirements
- Key trends for investors in Ukraine´s energy sector
- Direct private participation in Ukraine´s energy sector
- Public procurement, auctions and privatisation in the energy sector
- Increased public-private synergies in oil and gas exploration and production
- Fragmented land reforms to advance energy projects
- Securing sustainable energy investments in a challenging global reality
- Investing in the energy sector and the COVID-19 crisis
- Renewable energy potential and opportunities in Ukraine
- Amendments to the regulatory framework for renewable energy
- International co-operation to advance energy projects
- Support to advance energy reforms and the integration of Ukraine into the EU energy system
- Support to advance private investments in the energy sector.
- Outlook and policy recommendations
- Notes
- References
- 3 The Policy Framework for Investment
- Introduction
- Ukraine has a legal regime conducive to the attraction of investment in its energy sector
- Protection of foreign investors
- Non-discrimination in domestic regulations applying to investors in the energy sector
- Non-discrimination in the natural gas market
- Non-discrimination in the electricity market
- Investment promotion
- Transparency requirements
- Ukraine is open to foreign investors
- Measures affecting foreign investment in the energy sector in Ukraine
- Purchase of state-owned land remains restricted for foreign investors
- Restrictions with respect to ownership of agricultural land
- Privatisation
- Natural monopolies restricting foreign investment in the energy sector
- Concessions
- Public-Private Partnerships
- National security concerns
- Efforts to reduce administrative burden are producing results and should be pursued
- Outlook and policy recommendations
- Note
- References
- 4 The Protection of Investment in Ukraine
- Introduction
- The domestic legal framework for the protection of investors
- Strong guarantees against expropriation
- Intellectual Property rights
- Ukraine should continue reinforcing its levels of IP protection and enforcement
- Legal and institutional framework for judicial contract enforcement
- Transparency through publication of court judgments
- Reform efforts to strengthen the judiciary
- Alternative Dispute Resolution
- The need for mediation in Ukraine
- Investment treaties
- Treaty use: ISDS claims under Ukraine's investment treaties
- Reconsidering Ukraine's investment treaty policy
- Vague provisions referring generally to "fair and equitable treatment" generate risks and costs, and should be addressed where possible.
- Most-favoured nation (MFN) treatment provisions in Ukraine's investment treaties may have a range of unintended consequences
- Vague provisions referring to protection for indirect expropriation should be clarified where possible
- Ukraine's investment treaties contain relatively few specifications or clarifications in dispute settlement provisions
- Other possible aspects of investment treaty reform
- Clearer specification of investment protection provisions would help to reflect government intent and ensure policy space for government regulation
- Investment treaties can be used as tools to liberalise domestic investment regimes
- Opportunities for investment treaties to address investor responsibilities
- Addressing the unique approach to claims for reflective loss in ISDS
- Evaluating overlaps between investment treaties
- Developing approaches to prevention of ISDS claims and ISDS case management
- Procedural considerations: exit and renegotiation
- Outlook and policy recommendations
- Notes
- Annex 4.A. Overview of Ukraine's investment treaties
- References
- 5 Energy Infrastructure in Ukraine
- Introduction
- Financing availability for energy infrastructure projects
- Public Private Partnerships and Concessions as mechanisms to spur investments in energy infrastructure
- Property rights for energy infrastructure projects
- Transparency in energy infrastructure
- Specific infrastructure investment: the example of heat transmission
- Outlook and policy recommendations
- Notes
- References
- 6 Investment Promotion and Facilation
- Introduction
- Investment Promotion
- The institutional set-up: UkraineInvest and the consolidation of an investment promotion agency (IPA)
- UkraineInvest's contribution to enhancing the overall investment climate
- National image-building
- Investment generation in the energy industry.
- Investment facilitation and administrative simplification efforts
- Success with investment climate reforms but challenges remain
- Promotion tools designed for foreign investors
- Investor servicing
- Investment incentives and tax systems for energy companies
- Inventory of incentive regimes
- Ongoing tax reform
- Ukraine's regulatory policy to improve the investment climate in the country
- Administrative simplification efforts
- Regulatory policy-making and quality
- Outlook and policy recommendations
- Notes
- References
- 7 Public Governance - Reducing Corruption and Mitigating Risk in the Energy Sector
- Introduction
- Reforms positively affecting Ukraine's energy sector public governance have advanced
- Ukraine has established an institutional and legal anti-corruption framework but anti-corruption agencies' work and law enforcement remain a challenge
- Risks of corruption and policy capture of Ukraine's energy sector remain an issue from investors' perspective
- Judicial reform has advanced but important challenges need to be addressed
- Public procurement in the energy sector continues to be perceived as vulnerable to corruption and collusion
- Outlook and policy recommendations
- Notes
- References
- 8 Responsible Business Conduct in Ukraine's Energy Sector
- Introduction
- Scope and importance of RBC
- Efforts to promote policy coherence on RBC in Ukraine
- National Human Rights Strategy and Action Plan
- Concept on Corporate Social Responsibility
- Linking RBC with Ukraine's energy strategies
- RBC policy frameworks applicable to Ukraine's energy sector
- Anti-corruption efforts in Ukraine's energy sector
- Corruption in Ukraine's energy sector
- Anti-corruption efforts
- Anti-corruption and public procurement in the energy sector
- Efforts to combat corruption in energy SOEs.
- Environmental issues in Ukraine's energy sector
- Environmental risks in Ukraine's energy sector
- Environmental Impact Assessment
- Environmental inspections
- Disclosure and transparency in Ukraine's energy sector
- Transparency and disclosure requirements in Ukraine's energy sector
- Disclosure practices in Ukraine's energy companies
- Labour rights
- Challenges in enforcing legislation to protect labour rights
- Labour rights challenges in the energy sector
- Opportunities for achieving a just transition
- Human rights in Ukraine's energy sector
- Overview of human rights issues in Ukraine
- Human rights challenges in energy companies operating in non-government controlled territories
- Women's employment in Ukraine's energy sector
- Outlook and policy recommendations
- Notes
- References.
