Current Tasks of Legal Regulation of Energy Security

On May 13, 2019, Order No. 216 of the President of the Russian Federation approved the Energy Security Doctrine of the Russian Federation. The Energy Security Doctrine specifies goals, principles, basic direction, and objectives of ensuring energy security, definitions of concepts of energy security, threats, challenges, and risks in the sphere of energy security. When we talk about legal risks in the field of energy security, we primarily mean the possibility of disputable situations, disagreements related to uncertainty of legal regulation, presence of gaps and contradictions in legal regulation, and imbalance of the legal status of various parties in public relations. Herewith, great importance is attached to monitoring of legal regulation of energy security. The system of legal regulation of energy security should include monitoring of enforcement not only of national laws, results of pre-judicial and judicial resolution of disputes in the energy sector, but also monitoring of legal regulation of energy security at the international level with due account for the concluded international treaties, results of resolution of foreign economic disputes in the energy sector. Based on the results of law enforcement monitoring, recommendations can be prepared with regard to further development of legal regulation of energy security. Ideally, it would be advisable to finalize both the basic document of strategic planning in the energy sector and normative legal acts following the results of this monitoring of legal regulation of energy security. Training of highly qualified personnel in energy law is also fairly topical task.

Keywords

energy law, legal regulation of energy security, law enforcement monitoring

Received

20.09.2022

Publication date

01.09.2019

Number of characters

18692

Cite Download pdf

GOST	Romanova V. Current Tasks of Legal Regulation of Energy Security // Energy law forum – 2019. – Issue 3 C. 66-70 [Electronic resource]. URL: https://mlcjournal.ru/S231243500022140-2-1 (circulation date: 19.04.2024). DOI: 10.18572/2410-4396-2019-3-66-70
MLA	Romanova, Viktoria V "Current Tasks of Legal Regulation of Energy Security." Energy law forum 3 (2019):66-70. DOI: 10.18572/2410-4396-2019-3-66-70
APA	Romanova V. (2019). Current Tasks of Legal Regulation of Energy Security. Energy law forum (3), pp.66-70 DOI: 10.18572/2410-4396-2019-3-66-70


1	The concept, objectives, threats, risks, terms and conditions of ensuring energy security are specified in the strategic planning documents, including: the Strategy of National Security of the Russian Federation , the Strategy of Economic Security of the Russian Federation for the Period up to 2030, the Strategy for Scientific and Technological Development of the Russian Federation, Fundamentals of National Policy of the Russian Federation in the Field of Industrial Safety up to 2025 and in the Future Period and other strategic planning documents, and they are detailed in a special strategic planning document titled Energy Security Doctrine of the Russian Federation.
2	The Strategy of National Security of the Russian Federation specifies that one of the main directions of ensuring national security in the economic field for the long term is to increase the level of energy security, which includes sustainable securing of domestic demand for energy sources of standard quality, increase in energy efficiency and conservation, and the competitiveness of domestic energy companies and producers of energy resources, prevention of shortage of fuel and energy resources, creation of strategic stocks of fuel, spare capacities, production of complete sets of equipment, stable functioning of energy and heat supply systems. [1]
3	The necessary conditions for ensuring energy security in accordance with the Strategy of National Security of the Russian Federation are increase in efficiency of state management of the fuel and energy complex, reliability and uninterrupted supply of energy resources to the consumers, ensuring the country’s technological sovereignty in the global energy market, introduction of promising energy-saving and energy-efficient technologies, increase in the degree of energy processing, and prevention of discrimination against Russian energy suppliers in foreign markets and Russian mining companies in the development of hydrocarbon fields outside the Russian Federation, opposition to attempts of a number of countries to regulate energy markets on the basis of political rather than economic feasibility, development of promising energy-saving technologies and international sharing thereof.
4	On May 13, 2019, Order No. 216 of the President of the Russian Federation approved the Energy Security Doctrine of the Russian Federation. The Energy Security Doctrine of the Russian Federation (hereinafter referred to as the Energy Security Doctrine) specifies that the energy sector of the Russian Federation, which is based on the fuel and energy complex, makes significant contribution into the national security, and social and economic development of the country. Russia is included in the number of world leaders in terms of reserves of hydrocarbon raw materials, the volume of production and export of energy resources as well as development, use and export of technologies of the nuclear energy sector.
5	The Energy Security Doctrine specifies goals, principles, basic direction, and objectives of ensuring energy security, definitions of concepts of energy security, threats, challenges, and risks in the sphere of energy security.
6	It seems very important that the principles of ensuring energy security include legality, priority of the domestic market, stability of tax policy and legal regulation in the energy sector, provision of organizations of the fuel and energy complex with raw materials, funds and human resources, rational nature management and energy efficiency, state private partnership, consideration of interests of all subjects of energy security and the population.
7	In the consideration of issues of legal regulation of energy security, it should be noted that the following challenges and threats to energy security are specified among other things: changes in the international legal regulation in the energy sector, insufficient efficiency of mechanisms for prevention of discrimination against Russian companies of the fuel and energy complex, the excessive financial burden on the companies of the fuel and energy complex as a result of increase in the tax, customs and other payments, redundant requirements with regard to ensuring environmental safety in the performance of activities in the sectors of the fuel and energy complex, underdevelopment of the regulatory framework restraining introduction of innovative technologies, including technologies of use of renewable energy sources, distributed generation of electricity and digital technologies in the energy sector, lack of highly-qualified personnel in the companies of the fuel and energy complex.
8	Priority tasks relating to improvement of state management in the field of ensuring energy security include improvement of the legal framework on issues of ensuring safe, reliable and sustainable operation of the infrastructure and energy facilities, provision of stable legal regulation in the energy sector, longterm and balanced regulation of prices (tariffs) for the goods and services of natural monopoly entities, improvement of the pricing policy in the energy sector in the domestic market with due account for social responsibility of organizations of the fuel and energy complex, introduction of a new model of state regulation in the field of industrial safety.

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1. Order No. 683 of the President of the Russian Federation dated December 31, 2015, On the National Security Strategy of the Russian Federation // Collection of Laws of the Russian Federation. 2016. No. 1. Part II. Article 212

2. Parliamentary Assembly of the Collective Security Treaty Organization. URL: http://www.paodkb.ru/docs/approved/par- lamentskoy_assambleey_odkb/

3. Draft Energy Strategy of the Russian Federation for the Period up to 2035 (revision dated February 1, 2017) // Official Website of the Ministry of Energy of the Russian Federation. URL: https://minenergo.gov.ru/node/1920

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