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State Control (Supervision) over Ensuring Safety of Fuel and Energy Complex Facilities
 
PIIS231243500022152-5-1
DOI10.18572/2410-4396-2019-3-97-102
Publication type Article
Status Published
Authors
Yury V. Lipin 
Affiliation: Public Joint-Stock Company Mosenergo
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 3
Pages97-102
Abstract

This article analyzes the current regulatory legal acts regulating relations in the field of state control (supervision) over ensuring safety and anti-terrorism protection of the fuel and energy facilities. The article examines the rules governing the procedure for field and documentary, scheduled and unscheduled inspections by the body authorized to exercise state control (supervision) over ensuring safety of the fuel and energy facilities. The author analyzes the judicial practice in cases of administrative offences related to violation of the requirements of the laws on safety and anti-terrorism protection of the fuel and energy facilities. Based on the analysis of the current regulatory legal acts and judicial practice, it was proposed to amend certain regulatory legal acts in the field of safety and anti-terrorism protection of the fuel and energy complex facilities.

Keywordsenergy law, energy security, legal regulation of anti-terrorism protection of the fuel and energy facilities, subjects of the fuel and energy complex, state control (supervision) in the energy sector
Received02.07.2019
Publication date01.09.2019
Number of characters20160
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1 By Order No. 157 of the President of the Russian Federation dated April 5, 2016, Issues of the Federal National Guard Troops Service of the Russian Federation, to ensure state and public security, protection of human and civil rights and freedoms, the internal troops of the Ministry of Internal Affairs of the Russian Federation were reorganized into the Federal National Guard Troops Service of the Russian Federation (hereinafter referred to as the Federal National Guard Troops Service, the Authorized Body).
2 It is the Federal National Guard Troops Service that exercises federal state control (supervision) over ensuring safety of the fuel and energy complex (hereinafter referred to as the FEC).
3 So far, there are not very many legal studies devoted to problematic aspects in implementation of state control (supervision) over ensuring safety of the fuel and energy facilities. Herewith, many aspects deserve to be the subject of separate legal studies taking into account the results of law enforcement practice. Proper legal regulation in this area will contribute to strengthening the energy law order, as it is one of the main elements of its functioning [1].
4 These powers are granted to Federal National Guard Troops Service in accordance with clause 22, Part 1, Article 9 of Federal Law No. 226-ФЗ dated July 3, 2016, On the National Guard Troops of the Russian Federation. The procedure for implementation by the Federal National Guard Troops Service and its territorial bodies of measures for federal state control (supervision) over ensuring safety of the FEC facilities is regulated by a special act: the Rules for Implementation by the Federal National Guard Troops Service of the Russian Federation and Its Territorial Bodies of Federal State Control (Supervision) over Ensuring Safety of the Fuel and Energy Facilities approved by Decree No. 1067 of the Government of the Russian Federation dated October 20, 2016 (hereinafter referred to as Rules No. 1067).
5 Herewith, it should be borne in mind that the provisions of Federal Law No. 294-ФЗ dated December 26, 2008, On Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control do not apply to these control (supervision) relations.
6 State control (supervision) over ensuring safety of the FEC facilities is implemented by the Authorized Body through inspections (documentary and field), which may be scheduled and unscheduled.
7

Documentary Inspection.
8 When conducting this type of inspection, the Authorized Body checks the conformity of documents issued according to the results of categorization of the FEC facility (safety data sheet, inspection report on the FEC facility, and other documents) with the requirements of the laws on safety of the FEC facilities (hereinafter referred to as the Laws).
9 In accordance with Clause 29 of Rules No. 1067, the Authorized Body first reviews the documents at its disposal. Such documents include documents drawn up according to the results of categorization of the FEC facility as well as materials of previous inspections and cases of administrative offences.
10 In case of doubt about reliability of information set forth in these documents or if such information is insufficient to assess compliance by the subject of the fuel and energy complex with the requirements of the Laws, in accordance with clause 30 of Rules No. 1067, Federal National Guard Troops Service is entitled to send a request to the subject of the fuel and energy complex to submit other documents. In this case, the request should be reasoned.
11 These documents may include: an act of inspection of a FEC facility; documents governing access control and rules applied in the territory of the facility; contracts for protection of the FEC facility and its equipment using technical security equipment; title documents for the FEC facility; documents on appointment of officials responsible for ensuring anti-terrorism protection of the FEC facility, and other documents.
12 The FEC subject shall submit the relevant documents to the Authorized Body within 10 business days from the date of receipt of the relevant request (clause 31 of Rules No. 1067).
13 In practice, implementation of this clause raises the issue of calculating timelines. Shall the day of receipt of the request of the Authorized Body or the day following the receipt of the request of the Authorized Body be deemed the beginning of the ten-day period? Rules No. 1067 do not settle this issue. Herewith, according to the Authorized Body, the day of receipt of the request shall be deemed the beginning of the ten-day period.
14 However, the current judicial practice presupposes application of provisions of Article 4.8. of the Code of the Russian Federation on Administrative Offences to the specified relations. In accordance with this article, the term determined by the period shall be calculated from the day following the calendar date or occurrence of the event that determines the beginning of the term (Resolution of the Moscow City Court dated December 10, 2018, in case No. 4a-7588/2018) [2].

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1. Romanova V.V. Energy Law Order: Current State and Tasks / V.V. Romanova. Moscow : Yurist. 2016. 255 p.
2. Resolution of the Moscow City Court dated December 10, 2018, in Case No. 4а-7588/2018. URL: https://www.mosgorsud.ru/mgs/services/cases/review-supervision/details/f99c5f96-a8db-4045-b3b1-ad13100a5db3?caseNumber=4%D0%B0-7588/2018 
3. Order No. 431 of Federal National Guard Troops Service dated December 10, 2016, On Approval of Standard Forms of Documents Required in the Implementation by the Federal National Guard Troops Service of the Russian Federation and Its Territorial Bodies of Federal State Control (Supervision) over Ensuring Safety of the Fuel and Energy Facilities // Official Internet Portal of Legal Information. URL: http://www.pravo.gov.ru  (date of access: January 11, 2017)
4. Order No. 418 of Federal National Guard Troops Service dated October 3, 2017, On Approval of the Administrative Regulation of the Federal National Guard Troops Service of the Russian Federation for Performance of the State Function of Exercising Federal State Control (Supervision) over Ensuring Safety of the Fuel and Energy Facilities // Official Internet portal of Legal Information. URL: http://www.pravo.gov.ru  (date of visit: October 31, 2017)
5. Ruling No. 309-КГ16-8968 of the Supreme Court of the Russian Federation dated September 19, 2016, in Case No. А5021311/2015; Resolution No. 09АП-38288/2018 of the Ninth Commercial Court of Appeal dated October 26, 2018, in Case No. А40-165916/17; Resolution No. 09АП-8558/2017 of the Ninth Commercial Court of Appeal dated March 29, 2017, in Case No. А40-189391/16. URL: http://ras.arbitr.ru/

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