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Concept and Types of Energy Facilities in the Oil Industry
 
PIIS231243500022043-5-1
DOI10.18572/2410-4396-2019-1-83-88
Publication type Article
Status Published
Authors
Nikita S. Sapozhnikov 
Affiliation: Kutafin Moscow State Law University
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 1
Pages83-88
Abstract

The article is devoted to the peculiarities of the legal regime of energy facilities in the oil industry, the concept of such facilities, their types, and possible classification. The article discusses the current state of the regulatory framework that establishes the legal regime of the energy facilities in the oil industry. The author examines the rules of the current laws, which contain the basis for classification of the energy facilities, in particular, the judicial practice has been analyzed. The article analyzes the legal nature of public relations arising in the oil industry. The public relations arising in the oil industry include without limitation public relations that are formed in the process of exploration, production, oil refining, transportation of oil, petroleum products, oil supply, supply, sale and purchase of petroleum products. Therefore, the energy facilities of the oil industry mean facilities intended for exploration, production, transportation, storage, and sale of oil and petroleum products. The author proposes a classification on the following grounds: by function; by attribution to movable or immovable property; by attribution to divisible or indivisible property; by attribution to hazardous production facilities; and by anti-terrorist security.

Keywordsenergy law, energy facility, legal regime of the energy facilities in the oil industry, classification of energy facilities in the oil industry
Received05.02.2019
Publication date01.03.2019
Number of characters18858
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1 In the modern economy of the Russian Federation, the oil industry plays a significant part. Of all goods exported from the country, oil and petroleum products make up the majority (approx. 49% as of 2018), and this fact alone gives the right to assert the importance of the energy sector as a whole and the oil industry for the state. That is why the legal support of the oil industry deserves special attention.
2 Currently, there is no unified act regulating public relations in the oil industry. As a result of the absence of such a law and application of separate subordinate acts, there is no legislative definition of the energy facilities of the oil industry. There are not many legal studies on the legal regime of the energy facilities in the oil industry yet. Various aspects of the legal regime of the energy facilities in the oil industry are considered in the works of V.Yu. Gusyakov, K.V. Korepanov, V.V. Romanova, and R.N. Salieva.
3 V.Yu. Gusyakov examines the peculiarities of the legal regime of the oil and gas industry. [1]
4 K.V. Korepanov explores the peculiarities of the content of the legal regime of trunk pipelines for transportation of oil and gas. [2]
5 While considering the legal regime of the energy facilities, V.V. Romanova examines the conceptual apparatus, the peculiarities of the legal framework of these facilities for various reasons, and also emphasizes that the peculiarities of the legal regime of the energy facilities apply to the entire “life cycle” of these facilities, including the stages of design, construction, operation, modernization, reconstruction, repair, and decommissioning. [3]
6 While considering the peculiarities of the legal regime of the energy facilities, R.N. Salieva notes that “the systemic regulation of the energy facilities based on the uniform concepts of the energy facilities has not yet been established, but in certain energy sectors, regulatory legal acts defining the types and legal regime of specific facilities have been adopted”. [4]
7 Public relations in the oil industry are governed by various sources of law. The following should be noted among them: the Civil Code of the Russian Federation, the Code of the Russian Federation on Administrative Offenses, the Land Code of the Russian Federation, the Criminal Code of the Russian Federation, the Tax Code of the Russian Federation, the Urban Development Code of the Russian Federation; Law of the Russian Federation No. 2395-1 dated February 21, 1992, On Subsoil, Federal Law No. 256-ФЗ dated July 21, 2011, On Safety of the Fuel and Energy Sector Facilities, Federal Law No. 187-ФЗ dated November 30, 1995, On the Continental Shelf of Russia Federation, Federal Law No. 225-ФЗ dated December 30, 1995, On Production Sharing Agreements, Federal Law No. 116-ФЗ dated July 21, 1997, On Industrial Safety of Hazardous Production Facilities, international treaties of the Russian Federation as well as many sublegislative regulatory legal acts.
8 In 2010, the Ministry of Energy prepared a draft of the new Federal Law On the Fundamentals of State Regulation of Production, Refining and Transportation of Oil and Petroleum Products. However, as a result, the document was returned for revision, and was never adopted.
9 However, this draft contains provisions that are of interest for us in the context of the subject matter under consideration, namely, it contained a rather broad conceptual apparatus including many remarkable definitions. These definitions have not yet been fixed in a normative way, and setting in the law would help to clearly analyze the issue of classifying the facilities in the oil industry in more detail. For example, a very good definition of the oil refinery was given according to the draft law, it is “a single property and technological complex including facilities, structures, installations, and equipment and ensuring implementation of primary and/or secondary processes to refine petroleum products, stable condensate and a wide fraction of light hydrocarbons for production of the petroleum products that comply with the laws of the Russian Federation on technical regulation”. A similar definition is contained in Decree of the Government of the Russian Federation No. 1039 dated December 21, 2009, On the Procedure for Connection of Oil Refineries to Trunk Oil Pipelines and/or Petroleum Product Pipelines and Accounting of Oil Refineries in the Russian Federation. However, it uses the term “plant”, and it is impossible to say with absolute certainty that this Resolution can be referred to while defining the refinery as a single property and technological complex.
10 If we compare the legal support of the oil industry with other branches of the energy sector, we can see that the laws are incoherent: in some cases, the concept of the energy facility is used and a list of them is given, while the others contain only a list, and the term is missing in them. For example, the Federal Law On the Electric Power Industry specified a list of energy facilities. The legislator understands them as meaning those facilities that are used at all stages of industrial processes of the electric power industry (production, transmission and dispatching control) as well as the facilities used in the electric grid sector. That means, based on this definition, that the construction facilities are power plants, power units, electric power installations, power transmission lines, etc. Likewise, in the Federal Law On the Use of Nuclear Energy, the nuclear energy facilities are understood to mean all structures, buildings, vessels, and other vehicles containing nuclear reactors as well as nuclear installations and other facilities.

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1. Gusyakov V.Yu. Concept and Peculiarities of the Legal Framework of Energy Facilities of the Oil and Gas Sector. Energy Law Forum. 2018. 4. P. 14–19.
2. Korepanov K.V. Legal Regulation of Oil and Gas Transportation by Trunk Pipelines. Thesis of Candidate of Legal Sciences. Moscow. 2016. P. 69–89.
3. Energy Law. General Part. Special Part. Textbook edited by V.V. Romanova, Doctor of Law. Second edition, revised and updated. Moscow : Yurist Publishing House. P. 98–108, s. 361–369.
4. Legal Regulation in the Energy Sector. Textbook / Salieva R.N., Saliev I.R., Popov A.A., Fatkudinov Z.M., Chizhikov Yu.N. Kazan : Publishing House of the Academy of Sciences of the Republic of Tatarstan. 2015. P. 73.
5. Jungement of the Volga-Vyatka District Commercial Court dated May 23, 2008, on case No. A29-3550/2007 // Garant Information System.
6. Jungement of the Sixteenth Commercial Court of Appeal dated August 5, 2009, on case No. A22-1177/08/14-153 // http://ras.arbitr.ru/ 
7. Jungement of the Astrakhan Region Commercial Court dated December 26, 2014, on case No. A06-10109/201 4// http:// ras.arbitr.ru/
8. Jungement of the Moscow District Commercial Court dated March 23, 2016, on case No. A40-1715/2015 // http://ras.arbitr.ru/

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