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Specific Features of the Legal Status of ROSSETI PJSC
 
Код статьиS231243500022173-8-1
DOI10.18572/2410-4396-2019-4-87-92
Тип публикации Статья
Статус публикации Опубликовано
Авторы
Горшков Михаил Сергеевич 
Аффилиация: Kutafin Moscow State Law University
Адрес: Russian Federation, Moscow
Название журналаПравовой энергетический форум
ВыпускВыпуск № 4
Страницы87-92
Аннотация

Legal support of the electric grid sector is one of the priority spheres of energy law. The structural changes in the Russian electric grid sector were aimed at uniting the main and distribution grids, setting up a common center of responsibility to shareholders, increasing efficiency of coordination efforts in investment operations, as well as, in particular, developing unified quality standards and indicators. Today, the state-owned major holding company, ROSSETI PJSC, is the key entity in the electric grid sector. This Article analyses specific features of the legal status of ROSSETI PJSC, conducts a rather-legal analysis of the legal status of ROSSETI PJSC and that of the State Atomic Energy Corporation Rosatom, studies the current state of legal support of ROSSETI PJSC’s operations considering the tasks outlined in the Development Strategy for the Electric Grid Sector of the Russian Federation approved by Order No. 511-р of the Government of the Russian Federation dd. April 3, 2013.

Ключевые словаenergy law, energy legislation, legal status of energy companies, legal regulation of the electric grid sector
Получено13.11.2019
Дата публикации01.12.2019
Кол-во символов19746
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1 In terms of market economy development, the energy sector occupies a special status generating most of the income for the federal budget. Energy law sees legal support for the electric grid sector as one of its priorities. Considering the main elements of the legal regulation system in the sphere of energy forming the energy law order, V.V. Romanova correctly notes that specific features of the legal status of entities participating in public relations in the sphere of energy depend primarily on the need in energy systems’ functioning. [1]
2 On November 22, 2012, V.V. Putin signed Decree No. 1567 On ROSSETI Public JointStock Corporation in order to develop unified management principles for the Russian electric grid sector and implement a common investment, financial and economic, and human resources policy.
3 The structural changes in the electric grid sector of the Russian Federation were aimed at uniting the main and distribution grids, setting up a common center of responsibility to shareholders, increasing efficiency of coordination efforts in investment operations, as well as, in particular, developing unified quality standards and indicators. Today, the state-owned major holding company, ROSSETI PJSC, is the key entity in the electric grid sector (hereinafter referred to as “ROSSETI PJSC”).
4 Bases of the legal status of ROSSETI PJSC are defined in the Civil Code of the Russian Federation (hereinafter referred to as “CC RF”), Federal Law No. 208-FZ On Joint-Stock Companies dd. December 26, 1995 (hereinafter referred to as the “Joint-Stock Companies Law”), Federal Law No. 135-FZ On Protection of Competition dd. July 26, 2006, Decree No. 1567 of the President of the Russian Federation On ROSSETI Public Joint-Stock Corporation dd. November 22, 2012 (hereinafter referred to as “Decree No. 1567”), Order of the Government of the Russian Federation No. 526 On Reforming the Electricity Sector of the Russian Federation dd. July 11, 2001 (hereinafter referred to as “Order No. 526), and Order of the Government of the Russian Federation No. 511-р On Approval of the Development Strategy for the Electric Grid Sector of the Russian Federation dd. April 3, 2013. ROSSETI PJSC operates on the basis of its Articles of Association and corresponding by-laws.
5 According to Article 2 of the said Articles of Association, the company is a legal entity and public joint-stock company.
6 At the same time, the essence of the legal status of ROSSETI PJSC evokes numerous questions when analyzing its specific features in the context of rules of the laws in effect. Let us take a detailed look at these aspects.
7 First, it is necessary to identify features distinguishing ROSSETI PJSC from other public jointstock companies.
8 Public joint-stock companies are set up by a resolution of the founders (a founder), and such a resolution is made by the foundation meeting or the sole founder. In contrast, ROSSETI PJSC was set up under Order No. 1567, with Russia’s contribution to the authorized capital of ROSSETI PJSC being 79.64 % of state-owned shares in FGC UES, JSC.
9 Today, the Russian Federation, represented by the Federal Agency for State Property Management (Rosimushchestvo), owns 0.59% shares in FGC UES, PJSC. ROSSETI PJSC, as the controlling shareholder, and Rosimushchestvo signed an agreement on the procedure for FGC UES, PJSC shares managing and voting governing shareholders’ interaction regarding their rights in relation to FGC for the purposes defined in Decree of the President of the Russian Federation No. 1567 dd. November 22, 2012.
10 The company’s interaction with the state as a shareholder has procedural specific features defined by regulations of the President and the Government of the Russian Federation. Particularly, the state’s agents in the company’s management bodies are obliged to vote in accordance with the Government’s instructions regarding a particular range of issues. [2]
11 Presently, the Russian Federation, represented by Rosimushchestvo, owns 88.04% of shares in ROSSETI PJSC.
12 Accordingly, the first difference of ROSSETI PJSC from other public joint-stock companies is the procedure of its founding.
13 Regarding the operations goals of public joint-stock companies and the company in question, one should pay attention to the fact that any public joint-stock company’s goal is deriving profit as a result of its business operations. While when looking at the mission of ROSSETI PJSC, based on its constituent instruments, it can be pointed out that, apart from deriving profit, ROSSETI PJSC’s operations primary goals include management of the electric grid sector (hereinafter referred to as the “EGS”), ensuring the Russian Federation’s control over operations of territorial grid organizations set up in the process of restructuring joint-stock companies operating in the energy and electrification sectors and operations of the organization managing the unified national (all-Russian) power grid, as well as provision of reliable functioning and development of the EGS. Thus, the conclusion is made that ROSSETI PJSC, in addition to achieving the profit-deriving task of a commercial entity, also completes tasks in the sphere of state regulation and control. The question is, whether such specific features vest public functions, and, eventually, powers of state authority in ROSSETI PJSC. Today, ROSSETI PJSC’s public powers are not established statutorily. ROSSETI PJSC acts in an administrative and supervisory capacity through corporate mechanisms based on the Articles of Association and corresponding bylaws (Article 3.1. of ROSSETI PJSC’s Articles of Association).

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1. Romanova V.V. Energy Law Order: Current State and Tasks. Moscow : Yurist Publishing House. 2016. 255 p.
2. Corporate governance. URL: http://www.fsk-ees.ru/shareholders_and_investors/corporate_governance/ 
3. Bratus S.N. Legal Entities in Modern Civil Law : Notion, Types, Public Legal Entities / S.N. Bratus // Scientific Works. Iss. 12. Moscow : Legal Publishing House of the USSR Ministry of Justice. 1947. 364 p.
4. Kulagin M.I. State-Monopoly Capitalism and a Legal Entity / M.I. Kulagin. Moscow : Publishing House of the University of People’s Friendship. 1987. 175 p.
5. Chirkin V.E. Legal Entity under Public Law / V.E. Chirkin. Moscow : Norma. 2007. 351 p.
6. International cooperation. URL: https://rosatom.ru/about/international/  (Международное сотрудничество. URL: https://rosatom.ru/about/international/). 
7. ROSSETI, CEEC, and SGCC signed cooperation agreements. URL: https://www.vestifinance.ru/Articles/110996 
8. IDGC of the North-West will invest RUB 430 million in the 2nd stage of the smart grids building project in the Novgorod Region. URL: http://novgorodenergo.mrsksevzap.ru/cs/Satellite?c=Page&cid=1384338590258&d=Touch&feed=13843  37280844&news=1384349051295&pagename=f_Novgorodenergo%2FPage%2FAffiliateDetail&style=print

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