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Legal Regulation Of Rational Subsoil Management Within The System Of Energy Security Tools
 
PIIS231243500022048-0-1
DOI10.18572/2410-4390-2018-3-73-79
Publication type Article
Status Published
Authors
Roza N. Salieva 
Affiliation: Institute of Ecology and Subsoil Use Problems of the Academy of Sciences of the Republic of Tatarstan
Address: Russian Federation
Journal nameEnergy law forum
EditionIssue 3
Pages73-79
Abstract

The tasks in the field of environmental and energy security as determined in the strategic instruments are addressed not only by social and economic measures, but also by the corresponding regulatory legal acts, adopted both at the level of the Russian Federation and regional level. In general, the analysis of the laws showed that no systemic regulatory and legal base has been created ensuring an efficient and rational management of energy resources from the stage of the primary energy resources exploration and production to their sale and consumption. In practice, this results in disputable situations. The legal regulation of rational subsoil management constitutes one of the legal measures ensuring energy security in the fuel and energy complex. The rational subsoil management laws requires updating; particularly, the inclusion of notion “energy security” in the laws and documenting of the energy resources (including the primary ones) use principles, including the principle of energy security, are advisable. The notion “rational subsoil management” and its meaning need including in the law. The development and improvement of laws along this path constitute one of the legal measures to ensure energy security aimed at prevention of inefficient energy resources management.

Keywordsenergy law, energy law principles, legal regulation of energy security, rational subsoil management, energy efficiency
Received06.08.2018
Publication date30.09.2018
Number of characters24148
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1 Development of economy under the modern conditions suggests an efficient use of the nature and resource potential and the potential of the fuel and energy complex as the core branch of economy. It is evident, that, along with economic benefits, the use of natural resources for the purposes of economic activity entails a range of problems. Those include the issues of ensuring sustainable development, balancing of interests of the present and future generations, as well as ensuring of industrial, environmental, energy, and other types of security. In this connection, it seems expedient to study the issues of the legal regulation of energy security within particular fields of economy within which business entities operate, as well as identifying of the measures, forms, and methods for energy security ensuring. This article will consider the issues of legal regulation of rational subsoil management within the system of energy security tools.
2 The main lines, methods, and means to achieve the strategic goals of ensuring national security have been defined in strategic and policy documents, including Decree of the President of the Russian Federation dd. December 31, 2015, No. 683 On the National Security Strategy of the Russian Federation; Decree of the President of the Russian Federation dd. May 13, 2017, No. 208 On the Economic Security Strategy of the Russian Federation for the Period until 2030; Decree of the President of the Russian Federation dd. April 19, 2017, No. 176 On the Environmental Security Strategy of the Russian Federation for the Period until 2025.
3 The results in the sphere of ensuring national, economic, and environmental security are achieved through the consolidation of the efforts and resources of the state and local government authorities and development of their interaction with the civil society institutions, as well as through the comprehensive use of the political, organizational, social and economic, legal, informational, military, special, and other measures developed within the framework of strategic planning in the Russian Federation. The means of ensuring national (including energy) security include improvement of the government system and strategic planning in this field, development and implementation of the strategic planning documents, use of the political, organizational, social and economic, legal, informational, military, special, and other measures developed within the framework of strategic planning in the Russian Federation, and provision with qualified human resources. The rules of law, legal relations, and actual exercising of rights constitute the legal tools of ensuring security of any type. [1] Adequate and efficient laws in the field of rational subsoil management are one of the ways to achieve energy security. Certain principles are crucial for forming the law and its efficient implementation.
4 The principle of ensuring energy security is one of the fundamental principles of the state energy policy. In accordance with Decree of the President of the Russian Federation dd. December 31, 2015, No. 683 On the National Security Strategy of the Russian Federation, energy security includes: sustainable ensuring of domestic demand for energy carriers of standard quality, enhancement of energy efficiency and energy saving, competitiveness of domestic energy companies and energy resources producers, prevention of the fuel and energy resources deficit, creation of strategic fuel reserves and reserve capacities, accessory equipment manufacturing, stable functioning of the energy and heat supply systems.
5 All of the listed fields of energy security enhancement are connected, directly or indirectly, with the need for adequate provision with the primary energy resources reserves (oil, gas, coal, etc.). Obtaining of primary energy resources involves subsoil use. For the purposes of ensuring a balanced development and use of the mineral resources base for the satisfaction of the needs (including the export ones) of the country’s economy for the mineral resources, as well as to benefit the geopolitical interests of the Russian Federation in the long-term outlook, state programs for subsoil geological study are developed providing for: the reproduction of the mineral resources in the volumes compensating for their consumption taking into account the interests of the present and future generations of citizens of the Russian Federation; ensuring of the geological certainty of the territory of the Russian Federation and its continental shelf and geological environment monitoring and protection; ensuring of a more efficient and rational use of mineral resources to satisfy the current and prospective needs of the core economy branches (the fuel and energy, the agroindustrial, and the construction complexes, the atomic industry, the ferrous and non-ferrous metallurgy, and the chemical industry). Addressing of the tasks listed is connected with ensuring of rational subsoil management.
6 For the purposes of enhancement of the state regulation in the sphere of subsoil use, The Fundamentals of the State Policy in the Field of the Mineral Resources and Subsoil Use have been approved by Regulation of the Government of the Russian Federation dd. April 21, 2003, No. 494-р. The Long-Term State Program for Study of Subsoil and Reproduction of the Mineral Resources Base of Russia Based on the Mineral Resources Base Consumption-Reproduction Balance was approved by Order of the Ministry of Natural Resources and Environment of the Russian Federation dd. July 16, 2008, No. 151.

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