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Legal Regulation of Construction of Energy Facilities by Russian Companies Abroad: Problems and Prospects
 
PIIS231243500022144-6-1
DOI10.18572/2410-4396-2019-3-75-78
Publication type Article
Status Published
Authors
Svetlana Vasilkova 
Affiliation: St. Petersburg State University of Economics
Address: Russian Federation, Saint Petersburg
Journal nameEnergy law forum
EditionIssue 3
Pages103-107
Abstract

This article discusses the problems of legal regulation of construction of energy facilities by Russian companies abroad, examines the problems of legal regulation in this field at the national and international levels. The problems of legal regulation cover issues of legal regulation with due account for the requirements of the national laws of the states, in which the energy facilities are constructed, the requirements of international treaties, and the peculiarities of contractual regulation. Russian companies engaged in construction of Russian energy facilities abroad are forced to take into account a wide range of international legal rules in force in the relevant field: multilateral interstate agreements, recommendations of the IAEA, intergovernmental and interdepartmental agreements. The study of the peculiarities of contractual regulation of construction of energy facilities by Russian companies abroad requires considerable attention to the specific nature of the procedure for conclusion of these agreements in accordance with the laws of various foreign countries, the requirements to their execution, the procedure for amendment of the agreements, and the procedure for their termination. Considering the role of the national laws of the states, in which the energy facilities are constructed, the author concludes that it is advisable to conduct comparative legal studies of the regulatory framework in foreign countries in the field of construction of energy facilities.

Keywordsenergy law, energy law order, legal regulation of construction of energy facilities by Russian companies abroad
Received14.06.2019
Publication date01.09.2019
Number of characters12963
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1 It is difficult to overestimate the strategic importance of expansion of Russian presence in the energy sector of foreign countries, export of domestic high-tech production in this area concurrently stimulating growth in the nonresource sector of the national economy of Russia as well as strengthening of international cooperation in the energy sector in the context of volatile energy markets and geopolitical turbulence. Herewith, the increased attention of legal science to international legal and foreign economic aspects of development of the energy sector is justified [1].
2 It is no coincidence that integration into the global energy system was mentioned as one of the main vectors of the prospective development of the sectors of the fuel and energy complex provided for by the Energy Strategy of Russia for the period up to 2020 (which is currently no longer valid). At the same time, “lack of developed and stable legislation that fully takes into account the specific nature of functioning of the fuel and energy enterprises” was specified as one of the key factors restraining development of the fuel and energy complex.
3 In the Energy Strategy of Russia for the period up to 2030, the foreign economic vector of development of the energy system is also mentioned as one of the most important. In particular, it is noted that “the main external challenge lies in the need to overcome the threats associated with instability of world energy markets and volatility of world energy prices as well as to ensure contribution of the country’s energy sector into improvement of efficiency of its foreign economic activity and strengthening of Russia’s position in the global economic system.
4 However, at the same time, the tasks of legal regulation of development of the energy sector are still not achieved in full.
5 In the draft Energy Strategy of Russia for the period up to 2035 posted on the website of the Ministry of Energy of the Russian Federation, the international vector for development of the energy sector is considered as one of the most important, while “support of Russian companies in acquisition by them of energy assets in the segment of production, processing and marketing abroad, assistance in protection of Russian investments” as well as “support of Russian companies in implementation of international infrastructure projects in the energy sector” [2] are specified among the measures in this field.
6 Currently, many sectors of the energy sphere actively interact with foreign counterparties, including construction of energy facilities abroad.
7 For example, Gazprom, PJSC, expands its presence abroad. Thus, according to the company’s information, “in 2019, construction of a combined-cycle heat and power plant (HPP) commenced in Pan evo (the Republic of Serbia); herewith, the Pan evo HPP with an electric capacity of about 200 MW will be the first project of Gazprom Energy Holding Group implemented outside the Russian Federation and the first combined-cycle heat and power plant in Serbia. The HPP is constructed in an industrial area on a site with the area of about 2 hectares in the immediate vicinity of the Pančevo oil refinery (refinery), which belongs to NIS a.d. Novi Sad (Gazprom Neft Group). The generated heat will be used to meet the needs of the Pančevo refinery, and electricity will be sold in Serbia and neighboring countries. Commissioning of the Pančevo HPP is scheduled for 2020” [3].
8 Rosatom State Corporation implements a largescale program for construction of nuclear power plants both in the Russian Federation and abroad. 6 power units are currently under construction in Russia, while the portfolio of foreign orders includes 36 units, which clearly demonstrates the demand for Russian specialists and technologies in the field of construction of energy facilities. In particular, Rosatom State Corporation currently constructs the following energy facilities abroad: Akkuyu NPP (Turkey), Belarusian NPP (Belarus), El-Dabaa NPP (Egypt), Kudankulam NPP (India), Paks-2 NPP (Hungary), Ruppur NPP (Bangladesh), Tianwan NPP (China), and Hanhikivi-1 NPP (Finland), 36 power units in total [4].
9 Rosneft, PJSC, is actively presented abroad. The company positions itself as a global energy company, whose target areas of presence are South America, North and East Africa, the Middle East, and the AsiaPacific region. Herewith, in the development of foreign assets, the company often carries out construction of certain necessary facilities. For example, according to the company, “Petromiranda S.A. joint venture was established in Venezuela in 2010 for implementation of the project at Junin-6 block, where phase 1 providing for additional exploration of the field and design of infrastructure facilities is implemented. At the block, pilot development of the priority area is carried out in order to determine the characteristics of the reservoir. In 2014, PetroVictoria S.A. joint venture was founded to implement the Carabobo 2/4 project. Under the Carabobo 2/4 project, in 2017, production drilling was started at the early production site. As a part of the additional exploration program, sites were built and the first drilling rig was mobilized to start drilling wells. Permanent infrastructure is designed and construction of temporary infrastructure is underway” [5].

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