Development of Russian Energy Law Science: Achievements and Topical Tasks

 
PIIS231243500022163-7-1
DOI10.18572/2410-4396-2019-4-63-66
Publication type Article
Status Published
Authors
Affiliation: Kutafin Moscow State Law University (MSAL)
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 4
Pages63-66
Abstract

Since its establishing six years ago, the Department of Energy Law of the Kutafin Moscow State Law University has completed many of its tasks, in which connection, and in order to move forward, one can briefly list the main scientific results and summarize the efforts made.

Presently, the main scientific results include the following:

— theoretical theses on the subject, methods, principles, and sources of energy law have been developed and scientifically substantiated; scientific conclusions on the essence of the legal treatment of energy resources and facilities, as well as specific features of the legal status of private law relations parties, corporate governance, contractual regulation system, and specific features of state regulation have been formulated;

— an integrated study of the problems of legal regulation of energy facilities construction and modernization has been conducted; scientifically substantiated conclusions and theses have been developed regarding the balance of private and public interests in the sphere of energy facilities construction and modernization;

— based on the integrated study of the current situation, key tasks of the modern energy law order, and legal support for the energy markets and energy security, the tasks of energy law science have been formulated in the field of energy law order ensuring and developing, energy markets’ functioning, and energy security ensuring, as well as suggestions on unification of the rules of law governing public relations in the sphere of energy have been developed.

It seems that the research monographies and textbooks published based on the studies conducted will be useful for research scientists, lawyers practicing in the sphere of energy, experts engaged in energy companies, public officials, and members of judge community. The works formulate topical tasks of energy law and specific fields of priority studies.

The author would like to acknowledge the efforts of everyone who supports development of energy law in the Russian Federation and wish them success and well-being.

 

Keywordsenergy law, energy legislation, problems of legal regulation in the sphere of energy, monitoring of energy legislation enforcement
Received24.10.2019
Publication date01.12.2019
Number of characters12026
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1 Since its establishing six years ago, the Department of Energy Law of the Kutafin Moscow State Law University has completed many of its tasks, in which connection, and in order to move forward, one can briefly list the main scientific results and summarize the efforts made. Today, the Department of Energy Law of the Kutafin Moscow State Law University (MSAL) is the only one in Russia to study energy law as a science and educational subject for all levels of education. The main scientific results include, among other things, the following:
  • theoretical provisions on the subject, methods, principles, and sources of energy law have been developed and scientifically substantiated; scientific conclusions on the essence of the legal treatment of energy resources and facilities, as well as specific features of the legal status of private law relations parties, corporate governance, contractual regulation system, and specific features of state regulation have been formulated;
  • an integrated study of the problems of legal regulation of energy facilities construction and modernization has been conducted; scientifically substantiated conclusions and theses have been developed regarding the balance of private and public interests in the sphere of energy facilities construction and modernization;
  • based on the integrated study of the current situation, key tasks of the modern energy law order, and legal support for the energy markets and energy security, the tasks of energy law science have been formulated in the field of energy law order ensuring and developing, energy markets’ functioning, and energy security ensuring, as well as suggestions on unification of the rules of law governing public relations in the sphere of energy have been developed.
2 In 2013, the textbook Energy Law. General Part by V.V. Romanova was written and published [1]. The textbook covers general theoretical issues of energy law, including those dealing with the legal nature of the public relations being the subject matter of energy law, its methods, principles, and sources. The book offers conclusions on specific features of the legal treatment of energy resources and facilities, on specific features of the legal status of energy companies, contractual regulation system in the sphere of energy, and specific features of legal regulation of public relations in the sphere of energy.
3 In 2014, the textbook Energy Law. General Part. Special Part edited by V.V. Romanova, LL.D., was published [2]. The book takes into account the main theses considered in the work Energy Law. General Part authored by V.V. Romanova. The textbook consists of the General Part and the Special Part. The General Part analyses the issues of the subject matter, notion, and sources of energy law, the legal treatment of energy resources and energy facilities, legal status of the parties of the private law relations in the sphere of energy, contractual legal regulation, state regulation, and self-regulation. Sections of the Special Part are dedicated to legal regulation in specific branches of the energy sector: the gas, oil, and coal sectors, power energy sphere, heat supply, and nuclear energy use. The year of 2015 saw the publication of the second edition of the Energy Law textbook edited by V.V. Romanova, LL.D. [3]. The textbook was reissued to include the significant changes in legal regulation of private law relations, the system of state regulation, and in the sphere of self-regulation.
4 In 2015, the textbook Topical issues of energy law edited by V.V. Romanova, LL.D., was published [4]. The book considers modern development trends in energy law on the national and international levels, studies the issues of legal regulation of private law and public law relations in the sphere of energy, including gas and oil industries, power energy sector, and heat supply.
5 In 2016, both textbooks edited by V.V. Romanova were published in English [5–6].
6 Also in 2016, V.V. Romanova’s monograph Energy Law Order: Current State and Tasks was issued [7]. The work analyses the problematic aspects of legal regulation of public relations in the sphere of energy, including both private law and public law relations. Based on the integrated study of the current situation and key tasks of the modern energy law order on the national and international levels, the author identifies specific features of legal support for the energy law order’s elements in various branches of energy sector and formulates the tasks of energy law science in energy law order ensuring and developing and suggestions on the unification of the rules of law governing public relations in the sphere of energy.
7 The system of branch-specific legal regulation in key branches of the energy sector has predetermined the main institutes forming that branch of law. Due to specific features of legal regulation of public relations in various branches of the energy sector, the provisions on branch-specific legal regulation were referred to a special section of energy law. The differences between the legal models of branch-specific regulation and the law enforcement practice of the recent decades require a thorough study and comparative legal analysis in order to develop the provisions aimed at eliminating contradictions, gaps, and problems of the legal regulation. Nuclear law is one of the most developed institutes of energy law.

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3. Energy Law. General Part. Special Part : Textbook / Edited by V.V. Romanova, LL.D. 2nd edition, revised and updated. In English. Moscow : Yurist Publishing House, 2016. 677 p.

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8. Problem issues and trends of legal regulation in the sphere of nuclear energy use. Moscow: Yurist Publishing House. 2017. 233 p.

9. Energy Markets: Problems and Tasks of Legal Regulation : monograph / edited by V.V. Romanova. Moscow : Yurist. 2018. 238 p.

10. Problems and Tasks of Legal Support of Energy Security and Protection of Rights of Energy Market Participants : monograph / edited by V.V. Romanova. Moscow : Yurist. 2019. 263 p.

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12. Lisitsyn-Svetlanov A.G. Energy Law: Tasks for Further Development of the Branch / A.G. Lisitsyn-Svetlanov // Legal regulation in the sphere of electric power industry and heat supply : proceedings of the international applied research conference (Moscow, December 13, 2013) : collection of scientific articles. Moscow : Yurist, 2013. 117 p. P. 11.

13. Kleandrov M.I. Bright Future for energy law science / M.I. Kleandrov // Energy Law Forum, 2018. No. 2. P. 9–11.

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