Powers of State Atomic Energy Corporation Rosatom in the Field of Construction of Nuclear Facilities

In the context of development of the Russian energy industry, construction and reconstruction of energy facilities become one of the main tasks required for strategic goals of energy development. Given the strategic importance of the nuclear industry for domestic energy sector, the need to ensure sustainable development of facilities in this industry comes to the fore.

Construction and reconstruction of nuclear facilities is one of the key methods to solve state goals in the industry under consideration. In the construction of nuclear facilities, activity of the entity executing certain types of work at nuclear facilities falls under regulation of several bodies and organizations exercising public law powers in this field. The key among these entities is Rosatom State Corporation, which implements general state control in the field of nuclear energy use.

In this article, the author explores the regulations that consolidate the powers of entities regulating activities related to construction of nuclear facilities, highlights problems and tasks of improving legal regulation in the field of construction of nuclear facilities, proposes to consider inclusion of regulation of a special state register containing information on legal entities entitled to perform certain types of construction work at the nuclear facilities in the legal regulation system.

Keywords

energy law, legal regulation of construction of nuclear facilities, self-regulation

Received

27.06.2019

Publication date

01.09.2019

Number of characters

24484

Cite Download pdf

GOST	Akimov N. Powers of State Atomic Energy Corporation Rosatom in the Field of Construction of Nuclear Facilities // Energy law forum – 2019. – Issue 3 C. 79-85 [Electronic resource]. URL: https://mlcjournal.ru/S231243500022146-8-1 (circulation date: 05.05.2024). DOI: 10.18572/2410-4396-2019-3-79-85
MLA	Akimov, Nikolay A "Powers of State Atomic Energy Corporation Rosatom in the Field of Construction of Nuclear Facilities." Energy law forum 3 (2019):79-85. DOI: 10.18572/2410-4396-2019-3-79-85
APA	Akimov N. (2019). Powers of State Atomic Energy Corporation Rosatom in the Field of Construction of Nuclear Facilities. Energy law forum (3), pp.79-85 DOI: 10.18572/2410-4396-2019-3-79-85


1	Current development of the Russian energy sector is inextricably linked with strategic planning, which is implemented by state institutions and aimed at sustainable and safe development of the country’s energy sector.
2	Strategic goals of energy development are set forth in the Energy Strategy of Russia approved by Resolution of the Government of the Russian Federation dated November 13, 2009, No. 1715-р On Approval of the Energy Strategy of Russia for the Period up to 2030.
3	In particular, this strategy specifies expanded construction and modernization of energy facilities as one of the main means of achieving the strategic goals of energy development.
4	The most urgent need to implement the provisions of the Energy Strategy of Russia is experienced by the nuclear industry, which needs timely and rational development. Safe operation of facilities while meeting the needs of a wide range of entities is of global importance.
5	Legal relations between the entities of the nuclear industry have certain peculiarities since the activities of these entities are concurrently regulated by several institutes, and the activities of each of these institutes are aimed at ensuring safety of individual stages of production and use of nuclear energy.
6	However, behavior of the entities of the nuclear industry is also influenced through a special corporate regulation method [1] implemented by State Atomic Energy Corporation Rosatom (Rosatom State Corporation), which on behalf of the state is vested with special powers to perform state control of nuclear energy use and is able to perform legal regulation and issue relevant acts to regulate the nuclear energy. A wide range of powers related to ensuring full construction cycle of creation and reconstruction of nuclear facilities is distinguished among the listed powers of Rosatom State Corporation.
7	The Federal Law On Nuclear Energy Use specifies such activities among the types of activities in the field of use of nuclear energy as “location, design, construction, operation, and decommissioning of nuclear facilities, radiation sources and storage facilities, closing of radioactive waste disposal facilities, and safety assessment of nuclear facilities and/or activities in the field of nuclear energy use.
8	Summarizing the theoretical studies of the issue under consideration, construction of energy facilities can be considered in several ways: as a special type of entrepreneurial activity; as a part of investment activities; as the subject matter of a contract for construction of an energy facility; as one of the areas of state regulation; as an independent subject of self-regulation [2].
9	Taking into account the specific nature of Rosatom State Corporation, which is authorized to regulate, inter alia, relations associated with construction of nuclear facilities, and which, in fact, independently ensures implementation of state regulation of this industry, for the purposes of this study, it is advisable to consider construction as one of the main areas of state regulation.
10	Rosatom State Corporation, being a legal entity established in the form of a non-profit organization, combines in its legal status elements of a private legal entity and those of a public legal structure vested with powers and competencies that ensure influence on behavior of entities in the industry to the full extent.
11	The powers of Rosatom State Corporation and its public legal functions for state control of nuclear energy use are set forth in Article 7 of the Federal Law On State Atomic Energy Corporation Rosatom.
12	For the purposes of this study, we will mention the following powers directly related to activities in the field of construction of nuclear facilities among the listed powers of the state corporation: issue of permits for construction of nuclear facilities, permits for commissioning of these facilities; issue of permits for construction of capital construction facilities and permits for commissioning to the Corporation’s institutions, jointstock companies and subsidiaries as well as subordinate enterprises, according to the nature of activity of which, their closed administrative and territorial entities were created, in cases of construction, reconstruction of the specified facilities in the territories of these closed administrative and territorial entities; state examination of design documentation for capital construction projects of federal nuclear organizations and state examination of results of engineering surveys performed to prepare such design documentation; validation of the estimated cost of capital construction projects of federal nuclear organizations, construction of which is financed with involvement of the federal budget funds, in accordance with the laws of the Russian Federation; state construction supervision in the construction and reconstruction of facilities of federal nuclear organizations.
13	The central place in the system of authorities of Rosatom State Corporation in the field of construction is held by the powers granted by the legislator to issue permits for construction of nuclear facilities as well as permits for commissioning of these facilities in view of the following circumstances.

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