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Concept And Peculiarities Of The Legal Framework Of Energy Facilities Of The Oil And Gas Sector
 
PIIS231243500022181-7-1
DOI10.18572/2410-4390-2018-4-65-69
Publication type Article
Status Published
Authors
Vyacheslav Gusyakov 
Occupation: associate Professor
Affiliation: Sevastopol state University
Address: Russian Federation
Journal nameEnergy law forum
EditionIssue 4
Pages65-69
Abstract

The legal framework of the energy facilities in the oil and gas sector is currently forming. At the same time, there are gaps in the laws indicating that it is necessary to continue work on unification of provisions establishing uniform concepts of and requirements for these facilities as the objects of design, construction, and operation, and as the objects of relations concerning sale and purchase, lease, pledge, etc. Differences in the content of the legal framework of the energy facilities in the oil and gas industries are primarily due to their functional purpose. It should be noted that there are still not very many legal studies in this area. However, taking into account relevance of use of these energy facilities for extraction, processing, transportation, and storage of energy resources, their peculiarities related to the need for legal support of anti-terrorist protection, and industrial safety, it seems relevant to research the current state of legal regulation with due account for judicial practice. The author believes that the study of the legal framework of oil production facilities deserves special attention, the objects for oil collection and treatment also have peculiarities since the current legal regulation requires substantial improvement.

Keywordsenergy law, energy facilities, legal framework of the energy facilities, legal regulation of the oil and gas industry
Received03.11.2018
Publication date21.12.2018
Number of characters17679
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1 Various aspects of the legal framework of the energy facilities justly become the subject of legal research. Thus, the works by V.V. Romanova [1] disclose the concept of the energy facility as the object of relations concerning construction and modernization, and the author comes to the conclusion that the concept of the energy facility as the object of construction and modernization needs to be formalized in the laws. The energy facility as the object of construction means an item of property created in accordance with the requirements of current laws, including urban planning laws, intended for extraction, treatment, production, processing, and transmission of various types of energy.V.V.Romanovaproposes tounderstand the energy facility as the object of construction as an item of property created in accordance with the requirements of the current laws, including urban planning laws, intended for extraction, treatment, production, processing, and transmission of various types of energy. V.V. Romanova rightly notes that the peculiarities of the legal framework of the energy facilities apply to the entire “life cycle” of these facilities, including design, construction, operation, modernization, reconstruction, repair, and decommissioning stages. [2]
2 Works by D.E. Medvedev also present results of research of public relations arising upon construction of oil and gas wells, and other oil and gas producing facilities, and offer to use the model of civil regulation in the sphere of construction of these facilities. [3]
3 The current laws set forth peculiarities of the legal framework of the energy facilities in the oil and gas industry, including those related to antiterrorist protection, including upon their designing, construction, and operation. Thus, clause 9, Article 2 of Federal Law No. 256-ФЗ dated July 21, 2011, On Safety of the Fuel and Energy Complex Facilities does not contain a general concept of the Fuel and Energy Complex facilities, but it defines that the facilities of the electric power, oil producing, oil refining, petrochemical, gas, coal, shale, and peat industries as well as the oil product, heat and gas facilities shall pertain to the Fuel and Energy Complex facilities.
4 The concepts and types of individual facilities used in business activities by the subjects of the Fuel and Energy Complex (hereinafter referred to as the FES) in general and in certain areas of the FEC are contained in regulations of different levels. Since there is no special law on activities in the oil industry, the definitions of the concepts of oil production facilities are found in subordinate regulatory legal acts. Thus, Resolution of the Government of the Russian Federation No. 90 dated February 17, 2011, On the Procedure for Connection of Oil Extraction Facilities to Trunk Oil Pipelines in the Russian Federation and Recording of Business Entities Engaged in Oil Extraction contains definitions of the “trunk oil pipeline” and the “oil extraction facility” concepts. The trunk oil pipeline means a set of technologically interconnected facilities that provide transportation of oil that complies with the requirements of the laws of the Russian Federation from the places of its acceptance to the places of delivery or transshipment to other types of transport. And the oil extraction facility means a unified property and technological complex, including structures, technological installations and equipment and ensuring production, collection, preparation, and transportation of oil for delivery to the trunk oil pipeline. Resolution of the Government of the Russian Federation No. 451 dated May 16, 2014, On Approval of the Rules for Oil Accounting contains definitions of such objects as the “oil deposit”, the “oil and gas mixture”, and the “facilities for oil collection and treatment”.
5 Federal Law No. 69-ФЗ dated March 31, 1999, On Gas Supply in the Russian Federation defines such facilities as the gas supply system and the gas distribution system.
6 The above concepts of the facilities used in the field of gas supply also require revision, in our opinion.
7 The oil and gas industry uses such facilities as the trunk oil pipelines, the trunk gas pipelines, the oil extraction facilities, the facilities for oil collection and treatment, the gas supply systems, and the gas distribution systems.
8 The systems of trunk oil and gas pipelines fall within the scope of federal regulation. Therefore, the legal framework of these facilities is determined at the federal level. In Resolution of the Government of the Russian Federation No. 816-p dated May 6, 2015, On Approval of the Scheme of Territorial Planning of the Russian Federation in the Field of Federal Transport (as Related to Pipeline Transport), it was noted that location of new facilities of trunk oil pipelines is based on development of oil production in the country in 2012-2020, development of new oil production centers, and an increase in oil recovery at the fields being developed in traditional areas. Accordingly, the Scheme of Territorial Planning of the Russian Federation in the Field of Federal Transport (as Related to Pipeline Transport) was approved. This scheme contains a map of the planned location of federal facilities related to federal transport (as related to pipeline transport).

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