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Legal Regulation Of Energy Saving And Energy Efficiency In Russia And In Certain Foreign Countries
 
PIIS231243500022057-0-1
DOI10.18572/2410-4390-2018-3-80-85
Publication type Article
Status Published
Authors
Lyubov I. Shevchenko 
Affiliation: Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation (MGIMO University)
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 3
Pages80-85
Abstract

Addressing of the problems related to the development of legal tools aimed at ensuring of energy resources preservation and improvement of their energy efficiency is becoming particularly relevant for economy of any country in the contemporary period. Presently, an integral system of regulatory legal acts is being formed in the Russian Federation to perform the state regulation of the energy supply and energy efficiency activity. The issues of legal regulation of energy supply and energy efficiency have been receiving an increased attention in the foreign legal systems for a long time. Thus, for the purposes of reasonable and thrifty use of energy resources, many European countries have developed dedicated national programs of the fuel and energy resources thrifty use including a whole package of measures aimed at a more efficient use and consumption of energy carriers, a more efficient use of recycled materials, and performing of monitoring and metering operations in the energy resources consumption. The article mentioned gives a general outline of the Russian and foreign laws defining the legal basis for the energy saving and energy efficiency activity, the application of legal measures to encourage it, and state monitoring of compliance with the laws in the said sphere.

Keywordsenergy law, energy law principles, legal regulation of the activity on energy saving and enhancement of energy efficiency.
Received06.08.2018
Publication date30.09.2018
Number of characters19359
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1 The legal regulation of energy security and legal regulation of energy efficiency constitute the main principles of energy law.
2 V.V. Romanova correctly notes that energy security is the key category of energy law since its legal regulation testifies to the observance of the main principles of energy law: the legal regulation of the balance of interests of the parties of social (private-law and public-law) relations in the sphere of energy and, first of all, of the balance of interests of the energy resources suppliers and consumers, the legal regulation of the protection of the rights and interests of the parties of social relations in the sphere of energy, etc. [1]
3 The legal regulation in the sphere of energy saving and enhancement of energy efficiency are the crucial tasks of energy law order. [2]
4 For the purposes of revealing particular features of regulation of the group of the energy relations concerned, one has to identify, first of all, the notions of “energy saving” and “energy efficiency” in the laws and scientific literature.
5 Within the Russian legal system, the notions concerned have been documented in Federal Law dd. November 23, 2009, No. 261-ФЗ On Energy Saving and Enhancement of Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation (hereinafter referred to as the Law on Energy Saving). The said Law understands energy saving as implementation of the organizational, legal, technical, technological, economic, and other measures aimed at reducing of the amount of the energy resources used while preserving the corresponding useful effect of their use (including the amount of the products made, work performed, and services provided). The notion “energy efficiency” includes the characteristics reflecting the ratio of the useful effect of the energy resources use to the energy resources produced in order to obtain such effect as applied to products, a technological process, a legal entity, and an individual entrepreneur.
6 The notion “energy efficiency” has been documented in foreign laws as well. For example, the US law treats energy efficiency as the ratio of the useful effect of the use of consumer properties of a certain product to the energy spent on the use of such product. The standard amounts of the energy resources used by a product are established in accordance with special testing techniques. [3].
7 The legal doctrine describes various approaches to understanding of these categories: based on the similarity of the given notions and their interrelation (and, consequently, on the necessity to unify the two); and, on the other part, based on their differentiation [4, 5]. Abandonment of one of the notions, “energy saving”, as an activity of no special value was suggested, while energy efficiency enhancement was understood as an activity to ensure the most thrifty use of the energy resources at the disposal of the entities in the sphere of energy, that is why preserving of only one term, “energy efficiency”, in laws was suggested. At the same time, the debates on this issue resulted in the conclusions that both of the notions considered have their own mission, which was reflected in the current Federal Law on Energy Saving [6]. It seems that, applying the notions “energy efficiency” and “energy saving”, one implies performing of the activity of the energy resources use able to bring a useful effect, including the decrease in (reduction of) the energy used and its saving in calculation of the amount necessary and actually spent on performing of an activity in the sphere of energy. At the same time, the Russian energy legislation lacks the notion “useful effect”. GOST 31607-2012 (International Standard. Energy conservation. Norm-method securing. Basic concept. Brought into effect by Order of the Federal Agency for Technical Regulation and Metrology dd. November 23, 2012) contains the notion “useful energy” understood as the energy and its amount necessary for services provision, work performance, or completion of a given operation under ideal conditions.
8 The necessity to include the notion “useful effect” in this standard is connected with its documenting in an international document, Energy Terminology Multi Lenguia Glossary, to indicate the thrifty resources consumption and the concurrent use of renewable energy sources in the activity of business entities.
9 Presently, an integral system of regulatory legal acts is being formed in the Russian Federation to perform the state regulation of the activity of energy supply and energy efficiency. Apart from the basic legislative act, the Law on Energy Saving, Decree of the President of the Russian Federation dd. June 4, 2008, No. 889 On Certain Measures to Enhance the Energy and Environmental Efficiency of Russian Economy and the Regulation of the Government of the Russian Federation dd. December 18, 2014, On the Preparation and Distribution of the Annual State Report on the Condition of Energy Saving and Enhancement of Energy Efficiency in the Russian Federation are crucial for determining the measures aimed at performing of the tasks in this field.

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