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Modern Tasks Of Development Of Legal Regulation Of Energy Security As An Essential Prerequisite For Implementation Of The National Technological Initiative
 
PIIS231243500021978-3-1
DOI10.18572/2410-4390-2018-2-64-68
Publication type Article
Status Published
Authors
Viktoria V. Romanova 
Occupation: Head of the Energy Law Department
Affiliation: Kutafin Moscow State Law University (MSAL)
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 2
Pages64-68
Abstract

The tasks of implementation of the National Technological Initiative, the national goals and strategic objectives of development of the Russian Federation up to 2024 are closely interrelated with the conditions for ensuring energy security, while assuming a pronounced innovative component that relates to use of digital technologies in the energy sector. The issues of legal regulation of application of digital technologies in the energy sector have not yet been the subject of separate legal studies. There are practically no rules regulating application of digital technologies in the energy sector. This is recognized as and referred to legal restrictions in implementation of the National Technological Initiative, which is expressly stated in Resolution No. 830-р of the Government of the Russian Federation dd. April 28, 2018 On Approval of the Action Plan (“Road Map”) for Improvement of Legislation and Removal of Administrative Barriers to Ensure EnergyNet National Technology Initiative. A legal analysis of the content of the set strategic tasks gives evidence of the need to develop a legal framework, on the basis of which the digital technologies will be applied in accounting of the mined, produced, supplied, transmitted, transported, and stored energy resources, operation of energy systems and facilities, activity and interaction of players in the energy markets in contractual regulation and in consideration of disputes. To further develop the Legal Regulation of energy security, it is necessary to perform fundamental research on the problems of formation and functioning of the system of legal regulation of application of digital technologies in order to develop scientific provisions, on the basis of which the system of legal regulation of application of digital technologies in the energy sector is formed and operated. Legal restrictions in the functioning of energy markets may be eliminated, the procedure for interaction between the state and other players in these markets may be simplified, and positions of Russian energy companies at the international level may be strengthened with the help of these provisions.

Keywordsenergy law, legal regulation of energy security, legal regulation of application of digital technologies in the energy sector, National Technology Initiative
Received06.05.2018
Publication date30.06.2018
Number of characters13412
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1 According to the National Security Strategy of the Russian Federation approved by the Decree of the President of the Russian Federation No. 683 dd. December 31, 2015, energy security includes sustainable provision for national demand for energy resources of standard quality, increase in energy efficiency and energy saving, competitiveness of domestic energy companies and energy producers, prevention of deficit of fuel and energy resources, creation of strategic fuel reserves, reserve capacities, manufacture of associated equipment, and stable operation of energy and heating systems.
2 The necessary conditions for ensuring energy security include improvement of efficiency including reliability and security of supplies of energy resources to the consumers, ensuring the country’s technological sovereignty in the world energy market, introduction of promising energy-saving and energy-efficient technologies, and increase in the level of processing of energy resources.
3 In accordance with the Economic Security Strategy of the Russian Federation approved by Decree No. 208 of the President of the Russian Federation dd. May 13, 2017, the main tasks for ensuring sustainable growth of the real sector include integrated development of the energy infrastructure, introduction of promising energy-efficient technologies, improvement of the efficient processing of energy resources, and diversification of their export with due account for the world trends of transition to the low-carbon economy.
4 Different problem aspects of the legal regulation of energy security have been and continue to be subjects of legal research. [1-4]
5 For the energy law, energy security is a key category since its legal provision demonstrates compliance with the basic principles of energy law: Legal Regulation of the balance of interests of participants in public relations (private and public law) in the energy sector and, above all, the balance of interests of the suppliers and the consumers of energy resources, legal groundwork for protection of rights and interests of participants in public relations in the energy sector, etc. Legal regulation of energy security is a set of rules regulating relations, including those between the suppliers and the consumers of energy resources, setting requirements to quality of energy resources, their price, and requirements to energy efficiency and saving, legal regimes of the energy systems, power generating equipment, establishing powers of public authorities and delineation of their powers, regulating the legal status of energy companies, specifying the procedure for performance of investment activity, providing for the procedure for protection of participants in public relations in connection with production, supply, transportation, storage of energy resources, and construction and modernization of energy facilities within the country and abroad. [5]
6 The tasks of implementation of the National Technological Initiative, the national goals and strategic objectives of development of the Russian Federation up to 2024 are closely interrelated with the conditions for ensuring energy security, while assuming a pronounced innovative component that relates to use of digital technologies in the energy sector.
7 Weak innovation activity, a gap in development and implementation of new and promising technologies (including digital economy technologies), insufficient qualification and key competencies of domestic specialists are among the main economic security challenges and hazards in accordance with the Economic Security Strategy of the Russian Federation for the period up to 2030 approved by Decree No. 208 of the President of the Russian Federation dd. May 13, 2017.
8 The issues of legal regulation of application of digital technologies in the energy sector have not yet been the subject of separate legal studies. There are practically no rules regulating application of digital technologies in the energy sector. This is recognized as and referred to legal restrictions in implementation of the National Technological Initiative, which is expressly stated in Resolution No. 830-р of the Government of the Russian Federation dd. April 28, 2018 On Approval of the Action Plan (“Road Map”) for Improvement of Legislation and Removal of Administrative Barriers to Ensure EnergyNet National Technology Initiative. [6-7]
9 The principal directions of the EnergyNet plan are promotion of products and services in the field of distribution networks, distributed energy (including generation), and the system of sales.
10 The tasks of application of digital technologies in the energy sector are an integral part of the strategic planning tasks for the accelerated introduction of digital technologies in the economy and the social sphere.
11 In accordance with Decree No. 204 of the President of the Russian Federation dd. May 7, 2018 On National Objectives and Strategic Tasks for the Development of the Russian Federation forthe Period up to 2024, the national objectives for development of the Russian Federation include without limitation ensuring accelerated introduction of digital technologies in the economy and social sphere.

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