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Problematic Aspects Of Legal Groundwork For Energy Law Order In The Electric Power Market
 
PIIS231243500021944-6-1
DOI10.18572/2410-4396-2018-1-82-87
Publication type Article
Status Published
Authors
Ashitkova Tatyana V. 
Occupation: Leading Research Scientist
Affiliation: Academy of the Prosecutor General’s Office of the Russian Federation
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 1
Pages82-87
Abstract

Various public bodies are authorized to exert control (supervision) in the electric power industry. Certain powers to supervise compliance with the laws in the electric power market are exercised by the bodies of the prosecutor’s office. The need for meticulous implementation of the rules governing relations in the electric power market offers certain challenges for the bodies of the prosecutor’s office. The bodies of the prosecutor’s office systematically exercise supervision over compliance with the laws in the electric power market. The prosecutors monitor reports on restrictions and cut-offs of energy supply to the public and social facilities, emergencies at vital facilities; during inspections, the prosecutors assess ensuring of antiterrorist security and safety of energy facilities. Prosecutors ensure safety of electric power facilities by exercising supervision over precise and steady compliance with the laws on proper operation of electric power facilities, energy saving, tariff regulation, and protection of the rights of electrical consumers. A goal-oriented analysis of information on violations allows a prosecutor to timely identify and schedule for verification of legality specific authorities and bodies, municipal authorities, and business entities, and specify a range of issues to be clarified. The specified activity is aimed at ensuring the energy law order in the electric power industry.

Keywordsenergy law order, prosecutor’s supervision, operation of electric power facilities, safety of electric power facilities, tariff regulation, protection of the rights of electrical consumers
Received06.02.2018
Publication date30.03.2018
Number of characters20883
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1 One of the key elements of the system of legal regulation in the electric power industry ensuring energy law order is public control (supervision). [1] Various public bodies are authorized to exert control (supervision) in the electric power industry. Certain powers to supervise compliance with the laws in the electric power market are exercised by the bodies of the prosecutor’s office. The need for meticulous implementation of the rules governing relations in the electric power market offers certain challenges for the bodies of the prosecutor’s office “as arrangements for uninterrupted power supply ensures stable functioning of public and municipal authorities, and critical facilities of the social infrastructure, and creates normal conditions for human life activities”. [2]
2 The adoption of Federal Law No. 196ФЗ “On Amendments to the Federal Law “On the Electric Power Industry” as Related to Improvement of Requirements to Ensuring Reliability and Safety of Electric Power Systems and Facilities” dd. June 23, 2016 (hereinafter referred to as Federal Law No. 196-ФЗ) was of great importance for improvement of the legal groundwork for safety of the electric power facilities.
3 The fact that until recently there were no unified compulsory technological rules in the electric power industry often led to uncoordinated, piecemeal actions of the owners of electric power facilities, including related ones that are part of the unified energy system, which significantly reduced reliability of the electric power regime. In implementation of the provisions of Federal Law No. 196-ФЗ, in its Resolution No. 244 dd. March 2, 2017, the Government of the Russian Federation authorized the Ministry of Energy of Russia to establish requirements for ensuring reliability of electric power systems, reliability and safety of electric power and powerconsuming facilities. These requirements were envisaged in order of the Ministry of Energy of Russia No. 968 dd. October 16, 2017.
4 Therefore, Federal Law No. 196-ФЗ established legal mechanisms to ensure safety of operation of electric power facilities and reliability of electric power supply to the consumers.
5 The law clarifies the subject of the federal state energy supervision, which is currently limited to the safety of electric power facilities only.
6 The bodies of the prosecutor’s office systematically exercise supervision over compliance with the laws in the electric power market. The prosecutors monitor reports on restrictions and cutoffs of energy supply to the public and social facilities, emergencies at vital facilities; during inspections, the prosecutors assess ensuring of antiterrorist security and safety of energy facilities.
7 Information is constantly exchanged with regional regulatory and supervisory agencies, and executive bodies on detection and suppression of violations, work of law enforcement agencies is being coordinated to identify abuses in the activities of executive bodies of public authority and energy supply enterprises. Complex inspections of targeted and effective use of budgetary funds allocated for modernization and development of this sphere are being organized.
8 The need to ensure safety of industrial facilities including electric power facilities required more attention of the bodies of the prosecutor’s office to these issues, and, as a result, a department was formed as a part of the Main Directorate for Supervision over Enforcement of Federal Laws of the Prosecutor General’s Office of the Russian Federation. One of the main objectives of this department is supervision over enforcement of laws in the sphere of industrial safety. The main tasks of the prosecutor’s supervision in this sphere are to ensure legality upon exercising by the regulatory authorities of the powers granted to them in the sphere of safety at electric power facilities; and legality of legal acts issued by authorized bodies and officials of executive authority and energy supply entities and enterprises. At the same time, prosecutors are authorized not only to verify compliance with the laws of legal acts published by these entities, but also to establish the very fact of their adoption if it is provided for by law as the public and municipal authorities often improperly implement the tasks assigned to them with regard to legal regulation of the sphere of electric power supply to territories within their jurisdiction. Thus, for example, in the absence of a normative list of facilities that shall not be disconnected from electric power supply in the Karachay-Cherkess Republic, it was the basis for making by the prosecutor’s office of submission to the head of the republic. [3] Prosecutors ensure safety of electric power facilities by exercising supervision over precise and steady compliance with the laws on proper operation of electric power facilities, energy saving, tariff regulation, and protection of the rights of electrical consumers.
9 The objects of supervision in the sphere of relations under consideration for prosecutors are:

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