WHAT IS FAIR TAXATION IN THE GAS MARKET: THEORETICAL VIEW FROM THE LAW & ECONOMICS PARADIGM
WHAT IS FAIR TAXATION IN THE GAS MARKET: THEORETICAL VIEW FROM THE LAW & ECONOMICS PARADIGM

Summary/Abstract: The article aims to open a relatively unexplored theoretical paradigm for the Ukrainian legal discourse, which is the economic analysis of law (also called “law & economics”). By applying principles of microeconomic theory, the author would like to demonstrate the effect of possible legislative tools. In this article, one uses economic analysis to predict the consequences of specific legal terms; therefore, the piece is written more in the vein of positive law and economics. Such a theoretical toolkit was taken to reflect the legal reality surrounding such a complex topic as taxation of the gas market. As our topic deals with vast parts of economic life, such as “taxation,” “market,” and “gas”, it was decided to take the economic analysis of law as the most accurate method to evaluate the possible effect of legal novelties within the real socio-economic context. This article is written as a two parts-piece: in the first one, the report gives the reader the main views of main world-class global scholars of the field; in the second one, the author argues and interacts with these and many more authors, proposing the explication of his view what is “a fair taxation in the gas market.” Even though the article is composed of more theoretical reflections on the subject, the voiced ideas and suggestions were made perfectly coherent with reality. Namely, price discriminations are used as a price-setting tool in many energy markets worldwide.

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