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Ensuring Environmental Safety as a Principle of Formation of Common Energy Markets of the EAEU Countries
 
PIIS231243500022142-4-1
DOI10.18572/2410-4396-2019-3-71-74
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
Pages71-74
Abstract

In the context of formation of common energy markets, there is a need for formation of uniform approaches to rights respectively. In this regard, it seems appropriate to draft a joint agreement on unified scientific and technical policy and main areas of scientific and technical cooperation of the EAEU countries, especially in the field of scientific and technical cooperation on problem issues of the fuel and energy complex. In such an Agreement, it would be practical to determine the principles of scientific and technical cooperation of the states included in integration associations, the main areas of research, organizational forms of cooperation, basic concepts of scientific and technical policy, and scientific and research activities. Within the framework of such an Agreement, it is possible to arrange for research on elaboration of issues in the field of protection of human life and health, environment and cultural values within the framework of the principle of ensuring environmental safety in the sectors of the fuel and energy complex in the context of formation of common energy markets of the EAEU states. The study was financially supported by the Russian Foundation for Basic Research within the framework of scientific project No. 18-29-15034.

Keywordsenergy law, energy markets, energy security, environmental safety
Received09.07.2019
Publication date01.09.2019
Number of characters12505
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1 One of the principles set forth in the Treaty on the Eurasian Economic Union as well as in the adopted agreements on formation of common energy markets (electricity, oil, gas) is the principle of ensuring environmental safety.
2

Ensuring environmental safety, in particular, in the oil sector [1] has the following contents:

  • the member states focus on the use of the best international practices in the field of environmental safety of the oil sector, protection of the natural environment, life and health of citizens and consumer rights.
  • the member states seek to unify the requirements and harmonize their laws in the field of environmental safety of the oil sector, protection of the natural environment, life and health of citizens and consumer rights.
  • the provisions related to environmental safety are included in the international treaty on formation of common markets for oil and petroleum products of the Union.
3 In general, the sphere of ensuring environmental safety covers such aspects of public relations as protection of environment, life and health of citizens, and consumer rights.
4 Under conditions of formation of common energy markets, there is a need for formation of uniform approaches to legal regulation aimed at ensuring security and protection of the environment, life and health of citizens and consumer rights respectively. Common principles and terminology in the laws should contribute to creation of systemic legislation that ensures strengthening of environmental and energy security, including security at the regional level, and elimination of legal disputes arising due to defects of laws in the sphere under consideration.
5 The concept of “safety” is an interbranch concept that is used both in different branches of law and in the economic, political and social fields of science. In the legal doctrine on definition of the concept of “safety”, there are different points of view. Definitions of the concepts of “safety”, “environmental safety”, “energy safety”, “industrial safety” are contained in regulatory legal acts of various levels.
6 The main terms on environmental safety are contained, in particular, in the Model Laws of the Member States of the Commonwealth of Independent States On Environmental Safety [2], On Strategic Environmental Assessment [3].
7 Thus, the Model Law on Environmental Safety determines that environmental safety is a system of political, legal, economic, technological, and other measures aimed at ensuring guarantees of protection of environment and vital interests of an individual and citizen against possible negative impact of economic and other activities and threats of natural and man-caused emergencies at present and in future.
8 The Constitution of the Russian Federation establishes the basic provisions on ensuring safety and the possibility of restricting rights in order to ensure safety.
9 The Order of the President of the Russian Federation No. 176 dated April 19, 2017, On the Environmental Safety Strategy of the Russian Federation for the Period up to 2025 specifies that environmental safety of the Russian Federation (hereinafter referred to as the environmental safety) is an integral part of national security. The strategy specifies the main challenges and threats to environmental safety, goals, tasks, and mechanisms for implementation of state policy in the field of ensuring environmental safety.
10 The Federal Law On Security defines the basic principles and content of activities relating to ensuring state security, public security, environmental safety, personal safety, other types of security provided for by the laws of the Russian Federation as well as the powers and functions of federal public authorities, public authorities of the constituent entities of the Russian Federation, municipalities in the field of security, the status of the Security Council of the Russian Federation. Thus, in particular, activities relating to ensuring security cover legal regulation in the field of security; taking of special economic measures to ensure security; arrangements for scientific activities in the field of security, etc. Special economic measures are provided for in a number of regulatory legal acts: Federal Law No. 281-ФЗ dated December 30, 2006, On Special Economic Measures; Federal Law No. 165-ФЗ dated December 8, 2003, On Special Protective, Anti-Dumping and Countervailing Measures in the Import of Goods; Order No. 560 of the President of the Russian Federation dated August 6, 2014, On Application of Certain Special Economic Measures to Ensure Security of the Russian Federation. The Foreign Policy Concept of the Russian Federation stipulates that the highest priority of Russia’s foreign policy is to protect interests of the individual, society and the state. In civil law, security is ensured by special rules aimed at regulating property relations related in one way or another to the risk of harming human life and health, protection of nature and cultural values.

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1. Decision No. 23 of the Supreme Eurasian Economic Council dated December 6, 2018, On Formation of Common Oil and Petroleum Products Markets of the Eurasian Economic Union // Official Website of the Eurasian Economic Union. URL: http://www.eaeunion.org/  (date of visit: December 7, 2018).
2. Model Law on Environmental Security (New Edition). (Adopted in Saint Petersburg on November 15, 2003, by Decree 22-18 at the 22nd plenary meeting of the Interparliamentary Assembly of the CIS Member States) // ConsultantPlus Reference Legal System.
3. Model Law on Strategic Environmental Assessment. (Adopted in Saint Petersburg on May 16, 2011 by Decree 36-7 at the 36th plenary meeting of the Interparliamentary Assembly of the CIS Member States) // ConsultantPlus Reference Legal System.
4. Directive No. 2009/73/EC of the European Parliament and of the Council of the European Union Concerning Common Rules for the Internal Market in Natural Gas and Repealing Directive 2003/55/EC [Russian, English] (Together with Measures for Protection of Consumers, Correlation Table) (Adopted in Brussels on July 13, 2009) // ConsultantPlus Reference Legal System.

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