Fundamental Basis Of Energy Law

The purpose of science, scientific research (broadly speaking, as defined by the law) is to gain new knowledge for the good of humanity. The current situation with the fundamentals of energy law is far from perfect. It is not about the existing bibliometric method of evaluating R&D results for science as a whole that is largely defective and essentially inapplicable to social sciences. It is about general deficiencies of organizational origins of scientific research in present-day Russia: both well-known and lesser known, mostly due to faulty legal regulation of multidisciplinary science in general. In this specific segment, one of such deficiencies is the lack of purpose of legal disciplines (its vagueness or underestimation in a best case scenario). Science is crucial and R&D findings are much in demand in those spheres of public relations where the legal field is practically untouched, where there are only few scientists and scientific publications created by them (in both relative and absolute measures), the number of scientific organizations is next to nothing, and, consequently, the regulatory framework is flawed and the compliance practice is in a poor shape. A textbook example of this is the science of energy law, where the legal field is barely broken (if at all), with hardly any trails blazed… However, the practical need for large-scale, diverse scientific and legal research, both theoretical and those aimed at solving pressing practical problems, is enormous. We can be sure that the state of a branch of legal science (needless to say, this does not apply to all disciplines of legal science) reflects the state of the corresponding branch of law as well as the state of the corresponding sphere of public relations.

Ключевые слова

energy law, fundamental basis of energy law, science studies, thesis objective

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06.05.2020

Дата публикации

03.06.2020

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21567

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ГОСТ	Клеандров М. И. Fundamental Basis Of Energy Law // Правовой энергетический форум – 2020. – Выпуск № 2 C. 70-75 [Электронный ресурс]. URL: https://mlcjournal.ru/S231243500022433-4-1 (дата обращения: 28.04.2024). DOI: 10.18572/2410-4396-2020-2-70-75
MLA	Kleandrov, Mikhail I "Fundamental Basis Of Energy Law." Energy law forum 2 (2020):70-75. DOI: 10.18572/2410-4396-2020-2-70-75
APA	Kleandrov M. (2020). Fundamental Basis Of Energy Law. Energy law forum (2), pp.70-75 DOI: 10.18572/2410-4396-2020-2-70-75


1	Science studies, just like other studies, has a fundamental component, i.e., fundamental science studies as the general theory of science or a theoretical and methodological framework responsible for development of basic theoretical concepts and models of scientific knowledge, scientific research and scientific organization, as well as study and logical sequencing of formation, functioning and development patterns of science as a whole. [1]
2	In fundamental science studies, it is generally believed that science began only in the classical era with Plato and Aristotle’s epistemology of physics. This point of view is based on the fact that by that time different groups of people acquired a scope of knowledge which can be considered scientific knowledge and no proper science had existed before that: the preceding historical period is deemed pseudoscience and associated mainly with generation of prerequisites for scientific knowledge such as creating a writing system, learning to count, developing crafts… This standpoint continues to dominate educational literature on modern science studies. [2]
3	However, this view seems unreasonable with regard to the origin of science, acquiring scientific knowledge about the world. The term “science” has been defined in different ways, some definitions are witty, some grotesque, mocking, etc. But there are also serious definitions, mostly those established by law as a conceptual framework.
4	Notably, Article 2 “Basic Terms Used in the Federal Law” of Federal Law No. 127 On Science and National Research and Development Policy dated August 23, 1996 [3] (as amended on July 26, 2019) states: “Scientific research means activities aimed at acquisition and application of new knowledge”. As for fundamental scientific studies, it defines them as “experimental or theoretical activities aimed at acquisition of new knowledge on basic formation, functioning and development pattens of the humanity, society, environment”.
5	Meanwhile, Federal Law No. 253-FZ On the Russian Academy of Sciences, Restructuring of National Academies of Sciences and Amendments to Certain Laws of the Russian Federation dated September 27, 2013 [4] (as amended on July 19, 2018) states (in Article 6 Clause 1) that the goals of the Russian Academy of Sciences are “to conduct and develop fundamental scientific studies and exploratory research aimed at acquisition of new knowledge on laws of development of nature, society, humans and contributing to technological, economic, social and spiritual development of Russia”. The same objective is also mentioned first in Clause 12 (a) of the Articles of Association of the Russian Academy of Sciences approved by Decree of the Government of the Russian Federation No. 589 dated June 27, 2014 [5] (the goals remained unaffected by all subsequent amendments to the Articles of Association).
6	Thus, the purpose of science, scientific research (broadly speaking, as defined by the law) is to gain new knowledge for the good of the humanity. It is safe to say that this purpose is immutable, it is what drives progress, what underlies development of human civilization. If this is the case, why do we say that science only began after people had developed calculation, writing, crafts? Quite the opposite, these things are results of scientific research of early men.
7	Indeed, fire was discovered at the dawn of history in primitive communities by efforts of individuals (the very first scientists). Different communities (tribes, families, encampments, etc.), in different locations on the planet, thousands and tens of thousands years apart, repeatedly made a scientific discovery in the field of energy, the discovery of fire: first, from such points of origin as naturally occurring wildfires, then they learned to maintain fire (in bonfire, hearths…) using scientific methods, experiments, then they learned how to create it using rotation in wooden objects, striking a spark with flint and steel, etc. It is safe to assume that the science of energetics originated at this point, with burning, the predecessor of all exact (natural, etc.) sciences, at its core.
8	Maintaining fire (feeding it firewood, peat, etc.) with shamanistic rituals and other religious rites, then obtaining it (also with a major mystical component) accompanied by organizational measures designed to prevent early men of neighboring communities from stealing it required organization of social activities in each community, their arrangement by creating and observing tribal traditions. This is the beginning of legal regulation (understandably, not in writing), the predecessor of the sciences later on referred to as socio-humanistic sciences, more specifically, social sciences, more specifically still, legal sciences, namely, energy law studies.
9	The author has a rampant imagination and is aware of it, he can easily imagine the progression described above that extended over hundreds of thousands of years. It could not have been otherwise, had some primitive community failed to discover fire or to maintain it upon such discovery, the community itself would have vanished. It is by discovering and maintaining fire that they ensured the possibility to evolve and develop.

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