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The State Policy of the Russian Federation in Maintenance of the Fuel and Energy Complex Sustainable Operation and Development under Sanctions Pressure
 
PIIS231243500022355-8-1
DOI10.18254/S23124350021647-3
Publication type Article
Status Published
Authors
Vadim V. Shabunya 
Occupation: Assistant Professor of the Department of Administrative and Energy Law
Affiliation: Gubkin Russian State University of Oil and Gas
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 3
Pages34-39
Abstract

The Fuel and Energy Complex of Russia occupies a significant place in the country’s economy and plays the role of the basic infrastructure and the generating basis for revenues of the budget system of the Russian Federation and the largest customer for other industries. Since the beginning of the special operation, a whole range of regulations of various levels has been adopted to counter sanctions in the Russian Federation. The mechanisms of anti-sanctions regulation will be improved many times in the near future, and the system of domestic anti-sanctions laws will also be improved. Taking into account the developed measures and changes in target indicators, the Energy Strategy and a number of other strategic planning documents will be subject to adjustment.

At the same time, the energy law should face the challenge to develop the doctrinal approaches to issues of anti-sanctions regulation in the Fuel and Energy Complex.

Keywordsenergy law, state energy regulation, legal regulation of the fuel and energy complex under sanctions
Received24.05.2022
Publication date30.09.2022
Number of characters23500
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1 A few months ago, the Western world actually declared a war of annihilation on Russia in violation of the established principles of international relations and the provisions of international law, as well as universal norms of morality and humanism.
2 As V.V. Putin, the Russian President, used to repeatedly emphasize that the collective West is not satisfied with the existence of a strong and independent Russia. According to the majority of authoritative Russian politicians, the alliance should be victorious by disintegrating Russian Federation into many sovereign weak, both economically and militarily, states that do not influence international politics in any way, as well as the loss of signs of national self-identification, culture and faith by the population of Russia.
3 Right now, unprecedented sanctions pressure on our country, the revision and perverse interpretation of historical events with its participation, the introduction of bans and restrictions on the Russian culture and language in unfriendly countries, as well as the total denial of everything connected with the Russian nation, clearly demonstrates that Russia is victimized by the Western world as the alleged “cancelling” nation (“cancel culture” from English).
4 The global degradation and destruction of universal values, economic ties, international institutions and the legislative and legal framework of international relations, including trade, represent a stable trend in the current world. The gross violation of the norms of international law and the unilateral imposition of collective sanctions indicate a sense of exclusivity and impunity on the part of Western countries.
5 Numerous reservations of Western politicians, including US President Joe Biden, about the fight against the “Putin regime”, indicate attempts of direct Western interference in the sovereignty and political structure of our state.
6 In this regard, from a legal point of view, the use of unilateral economic sanctions causes fair reproaches in domestic legal science in view of sovereign equal principles of states, non-interference in internal affairs, potential violation of human rights, extraterritorial application of national law, etc. [1].
7 In this regard, the clear position of our state is reflected in the Foreign Policy Concept of the Russian Federation, which expressly states that the Russian Federation intends to contribute to the exclusion from the practical international cooperation of any illegal unilateral coercive measure taken in violation of the UN Charter and other norms of international law.
8 In historical retrospect, it should be noted that even in the post-Soviet period, Russia’s relations with the West were not always “painless”; however, the adoption of the so-called “Magnitsky Law” in the United States in December 2012 has actually triggered an increasing sanctions pressure on the Russian Federation.
9 A large package of economic sanctions against Russia began to be introduced after unification of the Russian Federation and the Republic of Crimea in 2014, based on the results of a referendum. Subsequently, the collective West used any ongoing events as a pretext for sanctions against Russia; i.e., the crash of the Malaysian Airlines Boeing 777 over Ukraine, the alleged interference of the Russian special services in the 2016 US presidential election, the construction of the Crimean Bridge, the poisoning of the Skripal family and A. Navalny.
10 After the Russian Federation launched a special military operation on demilitarization and denazification in the territory of Ukraine, the United States, the European Union and a number of countries that joined them put into effect a significant new sanctions against Russia, including:
11 -Restrictive measures against the financial and banking system of Russia;
12 -Restrictions or prohibition on investments in the Russian economy;
13 -Technological isolation, i.e., a ban on the supply of high-tech products and software;
14 -Personal sanctions against domestic politicians and businessmen;
15 -Mass expulsion of Russian diplomats; and
16 -Ban on flights of Russian airlines over the territory of the European Union and a number of other states.
17 The Fuel and Energy Complex of Russia occupies a significant place in the country’s economy and plays the role of the basic infrastructure and generating basis for revenues of the budget system of the Russian Federation and the largest customer for other industries.
18 In this regard, one of the key tasks of Western sanctioned pressure on the energy industry is to destabilize its sustainability and development, Russia’s withdrawal from international energy markets, deformation of the national economy and a significant deterioration of the living standards of all Russians.
19 This year, the European Union has implemented the following package of economic sanctions against Russia since February, affecting the energy industry of the Russian Federation:
20 -Ban on new investments in the Russian energy industry;

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1. Gevorgyan, K.G., “Unilateral Sanctions” and International Law. International Life, 2012, No. 8. Available at: https://interaffairs.ru/jauthor/material/720  (Accessed January 28, 2021).
2. Available at: https://ac.gov.ru/publications 
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4. Starzhenetsky, V.V., Butyrina, V.A., Kuritsyna, K.S. Russian Anti-Sanctions Regulation: Current State and Ways of Improvement. Law, 2021, No. 3, pp. 119-142
5. Luneva, E.V., State Policy in Ensuring Rational Use of Natural Resources. Lex Russica, 2018, No. 12, pp. 67-82
6. Available at: https://minenergo.gov.ru/node/7693 
7. Available at: https://kodeks.ru/news/read/minnergo-razrabotalo-antikrizisnyy-plan-dlya-tk 
8. Available at: https://www.kommersant.ru/doc/5357104 
9. Romanova, V.V., Energy Security: National Laws and International Legal Regulation. Russian Justice, 2014, No. 2, pp. 15-17
10. Problemy i zadachi pravovogo obespecheniya energeticheskoy bezopasnosti i zashchity prav uchastnikov energeticheskikh rynkov [Challenges and Objectives of Legal Provision of Energy Security and Protection of the Rights of Participants in Energy Markets]. Monograph edited by Romanova V.V., LL.D. Moscow, Lawyer Publishing Group, 2018, pp.14-49

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