Review of the monograph Problems and Tasks of Legal Support of Energy Security and Protection of Rights of Energy Market Participants edited by V.V. Romanova

 
Код статьиS231243500022161-5-1
Тип публикации Рецензия
Источник материала для отзыва PROBLEMS AND TASKS OF LEGAL SUPPORT OF ENERGY SECURITY AND PROTECTION OF RIGHTS OF ENERGY MARKET PARTICIPANTS EDITED BY V.V. ROMANOVA. MOSCOW : YURIST PUBLISHING GROUP. 2019. ISBN 978-5-94103-428-4
Статус публикации Опубликовано
Авторы
Аффилиация:
Institute of State and Law, RAS
Saint Petersburg State University of Economics
Адрес: Russian Federation, Moscow
Название журналаПравовой энергетический форум
ВыпускВыпуск № 4
Страницы56-58
Аннотация

              

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Получено13.11.2019
Дата публикации01.12.2019
Кол-во символов6227
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1 It is well known that a big part of the Russian budget’s income comes from the energy sector of economy as taxes and other statutory payments. The fact leads to the conclusion that the more efficient mechanisms ensuring energy security and protection of rights of energy market participants result in a better functioning of our energy sector and more internal revenue.
2 Some circles, including scientific ones, label such situation as ‘the curse of our oil needle”, thinking that lacking such vast natural hydrocarbon reserves we would have been forced to develop other economic sectors more. However, nobody is actually stopping us from developing those other sectors even when such abundant hydrocarbon reserves are available and produced in required amounts. And it would be unwise to refuse what was given to us by God and Nature.
3 Thus, the right (main) development line for Russian economy and its energy sector is the efficient production of hydrocarbons and their high-level processing and marketing, including abroad, with the overall costs kept as low as possible, as well as the mandatory strict compliance with energy security requirements and an enhanced efficiency of the mechanism protecting the rights and legitimate interests of the energy market participants.
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5 All of these require relevant, and more refined than the existing, legal support, which is impossible without versatile large-scale studies. In a certain way, the monograph under review addresses that challenge as a research of a topical subject of energy law having an enormous practical value.
6 On May 13, 2019, the Energy Security Doctrine was approved by Order No. 216 of the President of the Russian Federation defining threats, challenges, and risks in the sphere of energy security, as well as main areas of the energy security ensuring efforts. The monograph under review analyses the Energy Security Doctrine’s provisions and offers suggestions regarding the development of legal support in the sphere of energy security. The first paragraph of the monograph (authored by V.V. Romanova) serves as the reference part of the study and considers several areas of legal regulation in the sphere of energy security covering, first of all, the unification of the provisions on energy security in the form of a national-level legislative act. The Collective Security Treaty Organization’s model law On Energy Security of 2017 is taken as an example, with the provisions worth a more detailed analysis highlighted, including those regarding the energy security subjects and indicators of the energy security state. Second, attention is justly paid to the law enforcement monitoring in the sphere of energy security with the necessity of such monitoring substantiated, taking into account the acts adopted by the Constitutional Court of the Russian Federation, judicial practice, and gaps and contradictions identified in legal regulation of various energy sector industries. It is important that, according to the Energy Security Doctrine of the Russian Federation, the risks in the sphere of energy security include the underdevelopment of the legal framework which hinders the introduction of digital technology to the energy sector. In that connection, the suggestions regarding the development of legal support for digitalization in the sphere of energy are an undoubted advantage of the monograph.
7 The conclusions and recommendations given in the study can be used both by researchers and legislators.
8 The monograph is structured according to its goals and consists of the introduction, three chapters divided into paragraphs, and references. The topics and contents of the chapters and paragraphs address the strategic goals and objectives of energy security ensuring and consider threats, challenges, and risks in the sphere of energy security identified in the Energy Security Doctrine of the Russian Federation.
9 Chapter one studies the objectives of ensuring energy security subject to the goals and objectives stipulated by strategic planning documents, first of all, the Energy Security Doctrine of the Russian Federation. Suggestions are given on unification of the energy security provisions on a national level. Paragraph two of chapter one studies the changes in the European Union’s energy law as related to the North Stream 2 project implementation.
10 Chapter two is dedicated to problems and tasks of legal support for ensuring security of energy infrastructure. Paragraph one studies the problematic aspects of legal support for anti-terrorist security of the fuel and energy sector facilities. Paragraph two considers the issues of legal support for industrial safety of oil and gas sector extractive facilities. Paragraph three analyses the issues resulting from the uncertainty of the international law’s treatment of floating drilling rigs and fixed offshore platforms located at offshore oil and gas fields, as well as the security issues of oil and gas facilities. Chapter three of the monograph being reviewed studies the problems and tasks of legal support for the balance of interests and protection of rights of energy market participants. Paragraph one deals with the problems and tasks of legal support for the balance of interests and protection of rights of the heat energy market participants. Paragraph two analyses the theoretical and practical issues of the pre-judicial and court procedures used for resolution of disputes between the energy market’s participants and antimonopoly authorities. Paragraph three considers the problems of legal support for the balance of interests between the members of the wholesale electric power and capacity market. Paragraph four is dedicated to the problematic aspects of the rights protection for the persons operating the energy infrastructure facilities.

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