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Problems and Tasks of the Legal Support of Digitalization of the Oil Industry
 
PIIS231243500022412-1-1
DOI10.18572/2410-4396-2021-3-49-55
Publication type Article
Status Published
Authors
Vyacheslav Gusyakov 
Occupation: Deputy Chairman of the International Union of Lawyers
Affiliation: International Union of Lawyers
Address: Russian Federation
Journal nameEnergy law forum
EditionIssue 3
Pages49-55
Abstract

Theauthorsinglesoutthemainareasofdigitalizationoftheoilindustryandidentifiescertainproblems of the legislative support based on an analysis of the content of program documents, regulatory acts, special literature. In particular, general theoretical problems include the establishment of the uniform key terms and concepts in the legal regulation field: “digital economy”, “digitalization”, “digital technologies”, “objects of the critical information infrastructure”, “digital rights”, as well as the scientific justification of the creation of aconsistentsystemofthelegalregulationofdigitalizationoftheeconomyingeneral,aswellasofindividualbranches. It is proposed to reveal the content of the “digital economy” term based on the performed analysis. It is proposed to supplement the powers of the Ministry of Economic Development of Russia with the functions of coordination of the activities of government authorities in the sphere of digitalization in various branches of the economy and coordination of corporate governing bodies in branches of the economy that implement intra- departmental digitalization programs, in particular, in the branches of the fuel and energy complex in relation to objects of the critical information infrastructure. It is also expedient to create a special structure for improving the federal laws in terms of the creation of the single interconnected system for the legal support of the digital economy policy.

Keywordsenergy law, energy legislation, legal support of digitalization of the oil industry
Received01.09.2021
Publication date30.09.2021
Number of characters20888
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1 Information technology is actively implemented in the development of systems of control over production and technological processes used in the fuel and energy complex. The issues of digitalization in the oil industry including the implementation and improvement of decision-making systems and business processes using information technology and thus the issues of the legal regulation of relations arising in connection with the digitalization become relevant in the conditions of the general digitalization of the economy. The need to accelerate the digital transformation of the real sector of the economy is noted in the Address of the President of the Russian Federation to the Federal Assembly of January 15, 2020 [1].
2 The areas of digitalization of the economy in general and its individual branches are defined in program documents, including in the Decrees of the President of the Russian Federation, government orders. Obviously, they apply to the oil industry. So, it is noted in the Decree of the President of the Russian Federation No. 642 of January 12, 2016 (hereinafter referred to as Presidential Decree No. 642) that the priority areas of the scientific and technological development of the country in the near future will be the areas that will allow to improve the efficiency and create innovative technologies contributing to the development of the internal market and creating a stable status of the country on the external market.
3 According to the directives of the government, these vectors of the scientific and technological progress are designed to ensure the transition of the society and all its elements to digitalization, i.e., to advanced digital, intellectual and production technologies, robotization of various systems, new materials, design methods, the creation of large data volume processing systems, machine learning and artificial intelligence as well as “the transition to the environmentally friendly and resource-saving electric power industry” [2], etc.
4 The global foreign and domestic policy strategy in relation to digitalization is worded in the Strategies for the Development of the Information Society in the Russian Federation for 2017 to 2030, which are clearly focused on the creation of an information society in the country, the national digital economy as well as ensuring state interests of Russia and implementing its strategic priorities in the rapidly changing surrounding geopolitical environment [3]. This document notes that “the digital economy is an economic activity, where the key production factor is digital data, large data volume processing and the use of the analysis results that can significantly increase the efficiency of various types of production, technologies, equipment, storage, sale, delivery of goods and services compared to the traditional economy management forms”. There has recently been worded a definition in the knowledge system generalizing the said processes: “the digital economy ecosystem”. This is understood as the partnership of various organizations and their technological platforms, Internet services, analytical systems and information systems of the government authorities of the Russian Federation as well as organizations and citizens.
5 Among the strategic documents ensuring digitalization of the economy, one should also note the Decision of the Council of Heads of Governments of the CIS Member States On the Strategy for Ensuring Information Security of the Members of the Commonwealth of Independent States [4], which, as indicated in the general provisions, is the state position on the essence and content of cooperation of the CIS member states to ensure information security.
6 The Law On the Security of the Critical Information Infrastructure of the Russian Federation was developed and adopted in order to raise the efficiency of the legal regulation in the sphere of digitalization and the use of information technology in the Russian Federation. In accordance with this legislative document, the following objects refer to the critical information infrastructure: information systems, information and telecommunication networks, automated systems of control over subjects of the critical information infrastructure. These objects, in addition to government authorities and state institutions, should include Russian legal entities and (or) individual entrepreneurs who possess, on an ownership or lease basis, or on other legal grounds, information systems, information and telecommunication networks, automated control systems that operate in various spheres including but not limited to the fuel and energy complex, the mining industry. The subjects also include Russian legal entities and (or) individual entrepreneurs that ensure the interaction between the mentioned systems or networks. Obviously, the provisions of this law apply to legal entities in the oil industry if such legal entities use information systems, information and telecommunication networks, automated control systems when carrying out economic activities.

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