Parameters Of The Energy Law Policy

Considering inevitable new challenges facing the legislator and structures responsible for the foreign policy, it is essential to determine law policy parameters both on the national level and internationally. One of the tasks at hand is to determine parameters of the energy law policy. An efficient law policy cannot be developed simply by adopting a number of regulations consistent with the tasks established by strategies and doctrines. In this case, a systemic approach is required combining adoption of public and private law regulations with striking a balance between private and public interests by law. These conditions have to be fulfilled for energy law, the core of regulation in the power sector. What is the strategic role of energy law in ensuring effective market relations? It would be naive to believe that market relations are self-sufficient. The market as a form of existence of economy is self-sufficient only when the law guarantees that its existence is free of misuse, unscrupulousness, monopolization, and collusions, including price fixing. Thus, regulation of both private law and public law relations is an objectively necessary prerequisite for existence of the market as such. It is also evident that Russian energy law needs a focus to ensure not only national security, but foreign policy interests, since the cumulative potential energy capacity of Russia exceeds the demand of its population of 140 to 150 million people, and real international relations tend to become increasingly conflict-ridden rather than aspiring to equal cooperation in a multipolar world.

Keywords

energy law, energy strategy, energy law science objectives, energy law and order

Received

06.05.2020

Publication date

03.06.2020

Number of characters

25644

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GOST	Lisitsin-Svetlanov A. Parameters Of The Energy Law Policy // Energy law forum – 2020. – Issue 2 C. 63-69 [Electronic resource]. URL: https://mlcjournal.ru/S231243500022440-2-1 (circulation date: 02.05.2024). DOI: 10.18572/2410-4396-2020-2-63-69
MLA	Lisitsin-Svetlanov, Andrey G "Parameters Of The Energy Law Policy." Energy law forum 2 (2020):63-69. DOI: 10.18572/2410-4396-2020-2-63-69
APA	Lisitsin-Svetlanov A. (2020). Parameters Of The Energy Law Policy. Energy law forum (2), pp.63-69 DOI: 10.18572/2410-4396-2020-2-63-69


1	Development of public relations in each country and globally is a continuous process. The changing world we live in poses new challenges for the society, but it is not unusual. What is important is how the society responds to these challenges. Now, when most countries believe themselves to be states governed by the rule of law, it is natural to raise the issue of development of law as a public relations regulator.
2	Law as a social phenomenon is rather conservative. Development and implementation of new institutions meeting the new requirements is a process that objectively requires time and overcoming certain controversies: those between different classes, social groups, elites, traditions, stereotypes, etc.
3	Considering inevitable new challenges fraught with these controversies facing the legislator and structures responsible for the foreign policy, it is essential to determine law policy parameters both on the national level and internationally. One of the tasks at hand is to determine parameters of the energy law policy.
4	In the Russian Federation, energy law policy parameters require certain corrections. It can be explained as follows.
5	First, the energy sector as an integral part of the country’s economy is still at the stage of transition to sustainable market relations.
6	Second, the position of Russia as the owner of a unique variety and quantity of energy resources requires continuous efficiency monitoring of legal regulation of the energy markets, and creation of the corresponding law institutions to ensure their development and interaction.
7	Third, there is a general trend toward technologically advanced and environment friendly production that has to be wholeheartedly addressed by the Russian energy industry based on hydrocarbons and nuclear power. In the current state, it requires a major upgrade, not only in terms of technology and the environment, but also in terms of legal regulation of the corresponding markets.
8	Forth, the Russian energy sector was initially linked to the foreign energy market and is receptive to all its fluctuations and noneconomic factors. Disruptiveness emerging at the international level is taking a toll on the country’s economy as a whole. The main task of legal regulation is to strike a balance between interests of energy companies the activities of which are largely related to the export market, and the national public interests associated with adequate energy supply for the population that sees energy resources as their national treasure.
9	Principles of law policy development, as well as the regulatory framework of the 90s were changed materially by the Energy Strategy of Russia for the period up to 2030 approved by Decree of the Government of the Russian Federation No.1715-р dated November 13, 2009, and subsequent regulations. Objectives of legal regulation in the energy sector have been repeatedly addressed by legal studies and not without reason. [1]
10	The draft New Energy Strategy approved by the Government of the Russian Federation [2] covers the period up to 2035 and is designed to consider both deficiencies of the previous plan and economic, technical, political, and social changes in the country and the world. It should also be noted that two Energy Security Doctrines of the Russian Federation were adopted a year before, enacted by Decrees of the President of the Russian Federation No. Пр-3167 dated November 29, 2012, and No. 216 dated May 13, 2019, respectively. Both doctrines are primarily designed to ensure energy security of Russia and protect it from external threats relying on secure economic stability of the country.
11	A detailed elaboration of issues associated with the energy sector development described in these documents allows us to assert that they establish certain parameters of technical and economic development of the energy sector of economy. As for the security doctrines, in some cases, they also establish the areas that require legal regulation of the planned measures to ensure energy security. It should also be noted that the strategies are approved by Government decrees, while the doctrines are enacted by decrees of the Russian President, i.e., imperative regulations. Their provisions are parameters for state administration bodies requiring them to act within the prescribed course. However, provisions of these documents are of a program nature and cannot ensure the enforceability thereof independently. Any program document can only be implemented with adequate legal regulation of the relations described in it. Therefore, strategies and doctrines should be regarded as the first step towards development of law policy parameters. An efficient law policy cannot be developed simply by adopting a number of regulations consistent with the tasks established by strategies and doctrines. In this case, a systemic approach is required combining adoption of public and private law regulations with striking a balance between private and public interests by law. These conditions have to be fulfilled for energy law, the core of regulation in the power sector.

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1. Romanova V.V. Energy Law Order: Current State and Tasks / V.V. Romanova. Moscow : Yurist Publishing House, 2016. P. 255; Lisitsin-Svetlanov A.G. Problems of International Legal Regulation in the Energy Sector (On the Example of the Hydrocarbon Complex) / A.G. Lisitsin-Svetlanov // Energy Law Forum. 2014. No. 3. P. 15–17.

2. The Government of the Russian Federation Approved the Energy Strategy of Russia for the period up to 2035 // The Ministry of Energy of the Russian Federation. URL: https://minenergo.gov.ru/node/17491.

3. Romanova V.V. General Overview of sources of Energy Law. Energy Law. Textbook / Edited by V.V. Romanova, Doctor of Law. 2nd edition, revised and updated. Moscow : Yurist Publishing House, 2016. P. 33–34.

4. Romanova V.V. International Treaties as a source of Energy Law. Energy Law. Textbook / Edited by V.V. Romanova, Doctor of Law. 2nd edition, revised and updated. Moscow : Yurist Publishing House, 2016. Р. 45–50.

5. Romanova V.V. Energy Law Order: Current State and Tasks / V.V. Romanova. Moscow : Yurist Publishing House, 2016. P. 255.

6. Matviyenko Proposed a Unified State Electricity Pricing Policy // TASS. https://tass.ru/ekonomika/7860691.

7. Non-economic Aspects of Economy. Unexplored Interrelation : Scientific and Journalistic Notes of Social Scientists : Collected Articles / Cross-Disciplinary Project Manager and Science Editor O.T. Bogomolov; Deputy Cross-Disciplinary Project Manager B.N. Kuzyk. Moscow : Institute for Economic Strategies, 2010. P. 796.

8. Säcker F.J. Energy Law as a Complex Branch of German Law / F.J. Säcker ; translated by Timofeyeva E.V. // Energy Law of Russia and Germany: a Comparative Law Study / edited by P.G. Lakhno, F.J. Säcker. Moscow : Yurist Publishing House, 2011. P. 88–106.

9. Energy Law of Russia and Germany: A Comparative Law Study / edited by P.G. Lakhno, F.J. Säcker. Moscow : Yurist Publishing House, 2011. P. 1076.

10. Romanova V.V. Current State and Tendencies of the Development of Legal Regulation in the Sphere of Nuclear Energy Use : Monograph / edited by V.V. Romanova. Moscow : Yurist Publishing House, 2017. P. 9–32.

11. Matviyenko Proposed a Unified State Electricity Pricing Policy // TASS. https://tass.ru/ekonomika/7860691.

12. Romanova V.V. Problems, Strategies Goals and Tasks of Legal Regulation of Energy Security : Monograph / edited by V.V. Romanova. Moscow : Yurist Publishing House, 2019. P. 14–49.