State Regulation in Limiting Greenhouse Gas Emissions in the context of the Transition to Low-Carbon Energy in the Russian Federation

 
PIIS231243500022354-7-1
DOI10.18254/S23124350021646-2
Publication type Article
Status Published
Authors
Affiliation: Institute of Ecology and Subsoil Use Problems of the Academy of Sciences of the Republic of Tatarstan
Address: Russian Federation, Kazan
Journal nameEnergy law forum
EditionIssue 3
Pages23-26
Abstract

In the Fuel and Energy Complex of Russia, in accordance with the Energy Strategy, one of the objectives in combating climate change is the implementation of state regulation of greenhouse gas emissions and other anthropogenic impacts of the sectors of the Fuel and Energy Complex on the climate, in view of the international obligations of the Russian Federation. In this area of public relations, state regulation, in particular, is performed through the adoption of appropriate regulations and the creation of an effective legislative framework. In general, laws aimed at regulating relations in limiting greenhouse gas emissions is at the stage of formation. When developing laws and regulations within the state regulation of those relations, it is advisable for developers of draft instruments to strive for the establishment and application of a unified terminology. A unified terminology will ensure consistent system regulation. It is also advisable to develop regional and sectoral regulation.

Keywordsenergy law, climate projects, limitation of greenhouse gas emissions
Received12.07.2022
Publication date30.09.2022
Number of characters14639
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1 Issues of environmental protection and the impact of economic activity on the environment, as well as issues of sustainable development, climate change occupy a significant place within the state regulation of economic activity in general. These issues are of particular importance in the context of the need to limit greenhouse gas emissions and transition to low-carbon energy.
2 In the Fuel and Energy Complex of Russia, in accordance with the Energy Strategy, one of the objectives in combating climate change is the implementation of state regulation of greenhouse gas emissions and other anthropogenic impacts of the sectors of the Fuel and Energy Complex on the climate, in view of the international obligations of the Russian Federation.
3 In this area of public relations, state regulation, in particular, is performed through the adoption of appropriate regulations and the creation of an effective legislative framework. It should be noted that at present there is an active formation of the legal framework, in connection with which, as Viktoria V. Romanova correctly notes, comparative legal studies of the laws of various states that establish legal regimes for climate projects, fixing requirements for participants in climate projects, regulators, and controllers are of particular relevance [1].
4 The basis for the formation and implementation of climate policy in the Russian Federation is Executive Order of the President of the Russian Federation No. 61-rp, dated December 17, 2009, “On the Climate Doctrine of the Russian Federation”. The Climate Doctrine was approved in order to implement coordinated actions aimed at ensuring the safe and sustainable development of the Russian Federation in a changing climate. Pursuant to the Executive Order of the President of the Russian Federation, a comprehensive plan for the implementation of the Climate Doctrine of the Russian Federation for the period up to 2020 was approved. In order to limit greenhouse gas emissions in industry and the energy sector, in particular, measures were planned to implement a set of measures to limit greenhouse gas emissions from the generation of energy from fossil fuels; as well as on the implementation of measures to increase the use of renewable energy sources for the generation of heat and electricity; on the introduction of innovative technologies based on the use of atomic energy; on the development and implementation of pilot projects for the construction and pilot operation of facilities in energy industry for capturing and storing CO2, etc.
5 In Executive Order of the President of the Russian Federation No. 752, dated September 30, 2013, “On Reducing Greenhouse Gas Emissions”, the Government was instructed to:
6 a) Ensure by 2020 the reduction of greenhouse gas emissions to a level of no more than 75 percent of the volume of those emissions in 1990; and
7 b) Approve, within a 6-month period, an action plan to ensure the established amount of greenhouse gas emissions, providing for the development of indicators for reducing greenhouse gas emissions by sectors of the economy.
8 By Order of the Russian Government No. 504-r dated April 2, 2014, an action plan was approved to ensure by 2020 the reduction of greenhouse gas emissions to a level of less than or equal to 75 percent of the volume of those emissions in 1990. Along with other activities, the development of procedural guidelines and guides for quantifying the volume of greenhouse gas emissions by entities engaged in economic and other activities in the Russian Federation was also envisaged; development of procedural guidelines for conducting a voluntary inventory of greenhouse gas emissions in the constituent entities of the Russian Federation; development of procedural guidelines for quantifying the volume of indirect energy emissions of greenhouse gases; development of procedural guidelines for the quantitative determination of the volume of greenhouse gas removal. It also provided for the development of the concept of the draft Federal Law “On State Regulation of Greenhouse Gas Emissions”.
9 Since the creation of a developed national system of accounting (monitoring, reporting and verification) of anthropogenic greenhouse gas emissions in the Russian Federation is a prerequisite for the development and implementation of effective state policies and measures aimed at reducing anthropogenic greenhouse gas emissions into the atmosphere and mitigating climate change in accordance with accepted international obligations, the Concept for the Development of a System for Monitoring, Reporting and Verification of Greenhouse Gas Emission Volumes in the Russian Federation was approved [2]. This Concept defines the goals, objectives, principles and stages of the introduction of reporting in entities.
10 In accordance with the requirements of the Framework Convention and the Kyoto Protocol, the Russian Federation has formed a Russian assessment system, as well as a Russian Registry of Carbon Units. In accordance with Russian Government Decree No. 278-p dated March 1, 2006 [3], the results of the assessment are reflected in the national inventory, which is submitted annually to the Secretariat of the Framework Convention [4].

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1. Romanova, V.V., On the Priority Areas of Legal Research on Energy Law, in View of the Modern Low-Carbon Agenda. Pravovoy energeticheskiy forum [Legal Energy Forum]. No. 4, 2021, pp. 13–20. (In Russian)

2. Decree of the Russian Government No. 716-r, dated April 22, 2015 (as amended on April 30, 2018), “On Approval of the Concept for the Formation of a System for Monitoring, Reporting and Verification of Greenhouse Gas Emissions in the Russian Federation”. Collection of Legislation of the Russian Federation, May 4, 2015, No. 18, Article 2737.

3. Decree of the Russian Government No. 278-r, dated March 1, 2006 (as amended on April 5, 2019), “On the Creation of a Russian System for Assessing Anthropogenic Emissions from Sources and Removals by Greenhouse Gases Sinks not Regulated by the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Montreal on September 16, 1987”.

4. The United Nations Framework Convention on Climate Change (Entered into in New York on May 9, 1992). Collection of Legislation of the Russian Federation. No. 46, November 11, 1996, Article 5204.

5. Order of the Ministry of Natural Resources and Environment of the Russian Federation No. 300, dated June 30, 2015, “On Approval of Procedural Guidelines and Guides for Quantifying Greenhouse Gas Emissions by Entities Engaged in Economic and Other Activities in the Russian Federation”. Official Internet Portal of Legal Information. Available at: http://www.pravo.gov.ru, December 17, 2015

6. Order of the Ministry of Natural Resources and Environment of the Russian Federation No. 330, dated June 29, 2017, “On Approval of Procedural Guidelines for Quantifying the Volume of Indirect Energy Emissions of Greenhouse Gases”. Official Internet Portal of Legal Information. Available at: http://www.pravo.gov.ru, October 23, 2017

7. Decree of the Ministry of Natural Resources and Environment of the Russian Federation No. 15-r, dated April 16, 2015, “On Approval of Recommended Practice for Conducting a Voluntary Inventory of Greenhouse Gas Emissions in the Constituent Entities of the Russian Federation”. SPS Konsul'tantPlyus [SPS ConsultantPlus]

8. Decree of the President of the Russian Federation No. 666, dated November 4, 2020, “On Reducing Greenhouse Gas Emissions”. Collection of Legislation of the Russian Federation, November 9, 2020, No. 45, Article 7095

9. Decree of the Russian Government No. 3052-r, dated October 29, 2021, “On Approval of the Strategy for the Social and Economic Development of the Russian Federation with Low Greenhouse Gas Emissions for the Period up to 2050”. Collection of Legislation of the Russian Federation, November 8, 2021, No. 45, Article 7556

10. Federal Law No. 296-FZ, dated July 2, 2021 “On Limiting Greenhouse Gas Emissions”. Collection of Legislation of the Russian Federation, July 5, 2021, No. 27 (Part I), Article 5124

11. State Standard GOST R ISO 14064-1-2021. National Standard of the Russian Federation. Greenhouse Gases. Part 1. Requirements and Guidelines for Quantifying and Reporting on Emissions and Absorption of Greenhouse Gases at the Entity Level (approved and put into effect by Order of Rosstandart No. 1029-st dated September 30, 2021). Moscow, FGBU “RST”, 2021

12. Draft Federal Law (modified text) “On Amendments to Part Two of the Tax Code of the Russian Federation” (prepared by the Ministry of Economic Development of the Russian Federation, Draft ID 02/04/09-21/00120010) (not included in the State Duma of the Federal Assembly of the Russian Federation, text as of October 14, 2021)

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