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Legal Support of Energy Facilities Construction by Russian Companies Abroad: Topical Tasks of Energy Law Science
 
PIIS231243500022165-9-1
DOI10.18572/2410-4396-2019-4-67-71
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 4
Pages67-71
Abstract

Today, it is hard to imagine Russian energy policy without investments in energy facilities construction abroad. Quality legal support of such construction is becoming crucial as a solid basis for solving strategical tasks of Russia’s presence on the foreign energy markets, broadening its geopolitical influence, integration in global economic chains, and strengthening both economic and cultural relations with other countries through exchanging experts and training foreign specialists in Russia.

One may note an evident trend of increasing the Asian projects’ share in the Russian foreign investment portfolio. In the modern multipolar world, Asia is becoming an increasingly influential pole of attraction both politically and economically on a global scale, so the trend is rather justified offering more stability to Russian external energy policy in a tense and geopolitically volatile situation. In this connection, construction of nuclear energy facilities abroad by Russian energy companies may be illustrative. The article analyses legal studies dedicated to issues of legal support of energy facilities construction. The author comes to the conclusion that it is necessary to research legal regulation of energy facilities construction stipulated by the laws of those foreign states where Russian energy companies intend to build energy facilities.

 

Keywordsenergy law, energy legislation, legal regulation of energy facilities construction by Russian companies abroad
Received12.09.2019
Publication date01.12.2019
Number of characters13030
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1 Public relations arising in connection with energy facilities construction (including overseas projects) belong to the subject of the energy law [1].
2 The most comprehensive analysis of problematic aspects of legal regulation of energy facilities construction is given in writings of V.V. Romanova which cover issues of legal regulation of the private law and public law relations arising in energy facilities construction [2–4].
3 As V.V. Romanova justly notes, “efficiency of the energy law order, which is the law order manifested in the interaction of all participants of public relations in the sphere of energy, including relations in the fields of energy resources searching, extraction, supply, transportation, transfer, storage and energy facilities construction, depends to a large extent on efficiency of the system of legal regulation of public relations in the key economic sector, legal regulation system’s elements, and their interrelation” [5].
4 Today, it is hard to imagine Russian energy policy without investments in energy facilities construction abroad. Quality legal support of such construction is becoming crucial as a solid basis for solving strategical tasks of Russia’s presence on the foreign energy markets, broadening its geopolitical influence, integration in global economic chains, and strengthening both economic and cultural relations with other countries through exchanging experts and training foreign specialists in Russia.
5 One may note an evident trend of increasing the Asian projects’ share in the Russian foreign investment portfolio. In the modern multipolar world, Asia is becoming an increasingly influential pole of attraction both politically and economically on a global scale, so the trend is rather justified offering more stability to Russian external energy policy in a tense and geopolitically volatile situation.
6 In this connection, construction of nuclear energy facilities abroad by Russian energy companies may be illustrative. One of topical tasks is Russia’s participation in the international legal cooperation in this sphere, since such construction is associated with potential transborder risks in case of an accident at such facilities, and, consequently, building such a facility may not belong to internal affairs of a particular country and should be based on a developed system of international legal regulation of the corresponding operations.
7 Analyzing legal bases, current state, and tasks of the international energy law order, V.V. Romanova notes that “the international energy law order is based on the system of international legal regulation in the sphere of energy, which consists of various elements establishing the procedure for interaction of participants of international relations in the sphere of energy, their liability for damage that may be caused through energy facilities operation, requirements for energy and industrial safety, and anti-terrorist security of energy facilities” and underlines that “international treaties are the key instrument ensuring functioning of the international energy law order” [6].
8 As M.N. Lysenko correctly notes, Russia is an active participant of the global nuclear energy market leading in terms of the number of nuclear power plants being constructed abroad [7].
9 State Atomic Energy Corporation ROSATOM (hereinafter referred to as “Rosatom State Corporation”) actively performs international activity, including engagement in international organizations and forums, and other international platforms aiming at promotion of Russian nuclear technologies in the international market. Ensuring preparation of intergovernmental agreements and interagency understandings also receives its special attention. For instance, according to data provided by the State Corporation, in 2017, 16 interagency understandings and 11 major intergovernmental agreements were signed. In particular, in order to lay the basis for bilateral cooperation in the nuclear sphere between the Russian Federation and the Kingdom of Cambodia, Republic of Paraguay, Republic of Sudan, Republic of Tajikistan, and Republic of Uzbekistan, five “framework” intergovernmental agreements were signed. Successful entering into an intergovernmental agreement requires diligent and thoughtful work with foreign partners. Rosatom State Corporation is developing a network of its foreign representative offices to refine this process. Thus, by the end of 2017, representative offices of Rosatom State Corporation had been operating in 10 countries worldwide based on Russian embassies and trade missions, as well as at the permanent delegation of the Russian Federation under international organizations in Vienna, Austria’s capital [8].
10 Today, Atomstroyexport, CJSC (ASE, CJSC) is the leading engineering company of Rosatom State Corporation engaging in construction of nuclear energy facilities abroad. The Tianwan NPP in China is one of its major projects implemented. This NPP is considered the biggest object of economic cooperation between the People’s Republic of China and the Russian Federation. Particularly, “the intergovernmental agreement on cooperation in building a nuclear power plant in the PRC was entered into on December 18, 1992. Construction on the site started in 1998, followed by commissioning of the facility in 2007. On September 12, 2009, the twoyear warranty operation of units 1 and 2 of the Tianwan NPP ended. On April 15, 2010, final acceptance statements were signed for units 1 and 2 of the Tianwan NPP. The rated contract power of each power unit is 1,060 MW. Each power unit includes a reactor installation featuring a reactor of the WWER-1000/428-type and a turbine of the K-1000-60/3000 type with ТВВ-100002Y3 generator. On September 27, 2010, during Russian President’s visit to the People’s Republic of China, a contract was signed for development of a detail design for the second construction stage of the Tianwan NPP [9].

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1. 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 p. 21.
2. Romanova V.V. Contractual Regulation of Energy Facilities Construction and Modernization. Moscow : Yurist Publishing House, 2010. 160 p.
3. Romanova V.V. State Regulation and Self-Regulation of Energy Facilities Construction and Modernization in the Russian Federation. Moscow : Yurist Publishing House, 2011. 171 р.
4. Romanova V.V. Legal Regulation of Energy Facilities Construction and Modernization. Moscow : Yurist Publishing House, 2012. 425 р.
5. Romanova V.V. Energy Law Order: Current State and Tasks. Moscow : Yurist Publishing House, 2016. p. 20.
6. Romanova V.V. Energy Law Order: Current State and Tasks. Moscow : Yurist Publishing House, 2016. p. 196–197.
7. Problem issues and trends of legal regulation in the sphere of nuclear energy use. Moscow : Yurist Publishing House, 2017. p. 46 .
8. Information on International Cooperation Published on the Official Website of Rosatom State Corporation [Electronic Resource] // URL.: https://www.rosatom.ru/about/international/ 
9. Russia’s Participation in NPP International Projects. Reference Information by RIA Novosti [Electronic Resource] // URL.: https://ria.ru/20110316/354475611.html 
10. Petelin E., Perfilyev N. The Nuclear Panda: China in Search of Energy Security // Security Index. Vol. 14. No. 2. P. 88.
11. Goncharuk A.V. PRC’s Reactor Range: Past and Future // Innovations. 2012. No. 2. P. 64
12. Nikitin V.V. Agreements in Construction Involving Foreign Parties // Bulletin of Arbitration Practice. 2016. No. 3. P. 25–33.
13. Romanova V.V. Legal Regulation of Energy Facilities Construction and Modernization. Moscow : Yurist Publishing House, 2012. P. 133–144.
14. Kudrina N. Overseas Projects Need a System // Nuclear Expert. 2017. No. 8.

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