Current Tasks Of Energy Law As A Science And An Academic Discipline

Quite a lot of problems are facing energy law today. First of all, these are fundamental problems: legal regulation of the balance of interests of energy resource suppliers and consumers, legal regulation of access the energy networks, legal regulation of pricing in the energy sector, legal protection of rights of energy market players. Legal regulation development trends at the national level are determined by tasks of energy security legal regulation in the Russian Federation. No less pressing are problems of international law regulation in the energy sector. This applies to both international private and international public law relations. Currently, there is a trend towards intensification of energy law studies. Areas of scientific research are conditioned primarily by the most pressing tasks, problems of legal regulation in the energy sector, existing gaps. Areas of law studies conducted by scientists within their thesis research include the following: specific features of the legal status of energy companies in different energy sectors, legal regulation of corporate governance in state-owned energy companies, challenges of legal regulation of natural gas exports, challenges of legal regulation of the use of renewable energy sources, legal regulation of procurements, challenges of legal regulation of energy companies’ access to foreign markets. The article also addresses education development objectives in the energy law sector for students at all levels. It seems appropriate to develop international cooperation on energy law in both scientific and educational processes, to create educational programs including foreign energy law courses, in particular, considering students’ areas of research, experience sharing, comparative law studies. Such cooperation will contribute to development of international law regulation in the energy sector necessary to implement international projects, as well as development of national regulation in practical activities of energy companies, authorized state bodies, in training of legal staff with field-specific expertise.

Keywords

energy law; energy legislation; occupational standards; areas of scientific energy law research; energy law academic courses

Received

06.05.2020

Publication date

03.06.2020

Number of characters

10297

Cite Download pdf

GOST	Romanova V. Current Tasks Of Energy Law As A Science And An Academic Discipline // Energy law forum – 2020. – Issue 2 C. 76-79 [Electronic resource]. URL: https://mlcjournal.ru/S231243500022443-5-1 (circulation date: 26.04.2024). DOI: 10.18572/2410-4396-2020-2-76-79
MLA	Romanova, Viktoria V "Current Tasks Of Energy Law As A Science And An Academic Discipline." Energy law forum 2 (2020):76-79. DOI: 10.18572/2410-4396-2020-2-76-79
APA	Romanova V. (2020). Current Tasks Of Energy Law As A Science And An Academic Discipline. Energy law forum (2), pp.76-79 DOI: 10.18572/2410-4396-2020-2-76-79


1	Such scientists as A. P. Vershinin, O.A. Gorodov, M.I. Kleandrov, P.G. Lakhno,
2	A.G. Lisitsin-Svetlanov, V.F. Popondopulo,
3	V.V. Romanova, R.N. Saliyeva, L.I. Shevchenko,
4	V.F. Yakovlev, etc., have made a vital contribution to creation and development of energy law studies. [1]
5	Scientists have focused on issues of the legal nature of relations regulated by energy law, principles, methods of energy law, sources of energy law, addressed various aspects of contractual regulation, self-regulation, international law regulation.
6	Currently, there is a trend towards intensification of energy law studies. Areas of scientific research are conditioned primarily by the most pressing tasks, problems of legal regulation in the energy sector, existing gaps. It seems possible to call attention to law studies on problems of legal regulation of energy markets, protection of rights of energy market players, legal regulation of energy security. [2]
7	Areas of law studies conducted by scientists within their thesis research include the following: specific features of the legal status of energy companies in different energy sectors, legal regulation of corporate governance in stateowned energy companies, challenges of legal regulation of natural gas exports, challenges of legal regulation of the use of renewable energy sources, legal regulation of procurements, challenges of legal regulation of energy companies’ access to foreign markets. [3]
8	Energy law faces quite a lot of problems today. First of all, these are fundamental problems: legal regulation of the balance of interests of energy resource suppliers and consumers, legal regulation of access the energy networks, legal regulation of pricing in the energy sector, legal protection of rights of energy market players. Legal regulation development trends at the national level are determined by tasks of energy security legal regulation in the Russian Federation.
9	In the current unfavorable epidemiological situation, many problems of legal regulation in the energy sector have become even more prominent. This includes legal regulation of the balance of interests of energy market players, a growing debt to the companies supplying energy resources.
10	To support energy consumers, Decree of the Government of the Russian Federation No. 424 on Special Features of Provision of Utility Services to Owners and Users of Premises in Apartment Blocks and Residential Houses dated April 2, 2020, established a moratorium on penalties for delayed payment of utility charges until January 1, 2021. [4]
11	As per Clause 3 of this Decree of the Government of the Russian Federation, provisions of agreements executed under the laws of the Russian Federation on gas, electricity, heat supply, water supply and discharge establishing public utility providers’ right to charge penalties or fines for delayed payment and/or failure to pay for utility services in full by the entities managing apartment blocks do not apply until January 1, 2021.
12	These measures seem extremely welltimed. As consumers lack the necessary funds, a significant increase in the debt for energy resources and public utilities is anticipated and has already begun. This leads to an increase in the debt to power grid operators and generating companies. Representatives of energy companies point out that it could “disrupt implementation of investment programs, scheduled and emergency repairs in the industry, jeopardize preparation for the autumn and winter period of 2020-2021, complicate timely payment of wages in companies of all these sectors resulting in a decrease in tax payments.” [5]
13	Therefore, it seems that the issues of legal regulation of tariff setting, pricing on energy markets, striking a balance between the interests of all energy market players and protection of their interests are becoming ever more pressing.
14	Problems of legal regulation of energy companies’ activities considering specific features of their legal status are just as relevant. The President of the Russian Federation highlighted that “leading companies of the national fuel and energy complex are systemic companies, and performance of various economy sectors depends on their stable operation, at the same time, we must maintain reliability of these cooperation, production connections, in particular, we must prevent fuel deficiency on the domestic market, limited energy supply of companies, settlements of the country.” [6]
15	It is not a coincidence that the conducted research on legal standing of state-owned energy companies [7] led to a conclusion that it would be useful to develop a specific federal law regulating the legal status of energy companies stemming from an apparent social focus of their activities combined with their economic significance and capabilities. This unification can be industryspecific, considering that energy law of each specific energy sector has its own distinctive features. Our collaborative law study can be useful for further academic and research activities.

Readers community rating: votes 0

1. Vershinin A.P. Energy Law / A.P. Vershinin. Saint Petersburg : SPbSU Publishing House, 2007. P. 243; Gorodov O.A. Introduction to Energy Law : Textbook / O.A. Gorodov. Third edition, updated and revised. Moscow : Prospekt, 2015. P. 222; Kleandrov M.I. Better Tomorrow for Energy Law / M.I. Kleandrov // Energy Law Forum. 2018. No. 2. P. 9–11; Lakhno P.G. Energy Law of the Russian Federation: Establishment and Development : Monograph / P.G. Lakhno. Moscow: Publishing House of the Moscow University, 2014. P. 477; Lisitsin-Svetlanov A.G. Energy Law: Tasks of Further Development of the Industry / A.G. Lisitsin-Svetlanov // Legal Regulation in the Spheres of Electricity and Heat Supply: Materials of an International Scientific and Practical Conference (Moscow, December 13, 2013) : collection of scientific articles. Moscow : Yurist Publishing House, 2013. P. 117; Romanova V.V. Energy Law Order: Current State and Tasks / V.V. Romanova. Moscow : Yurist Publishing House, 2016. P. 255; Shevchenko L.I. Contractual Relations in the Energy Sector / L.I. Shevchenko. Moscow : MGIMO-University, 2015. P. 220.

2. Energy Markets: Problems and Challenges of Legal Regulation : Monograph / edited by V.V. Romanova. Moscow : Yurist Publishing House, 2018. P. 238; Problems and Tasks of Legal Regulation of Energy Security and Protection of Rights of Energy Market Players : Monograph / edited by V.V. Romanova. Moscow : Yurist Publishing House, 2019. P. 264.

3. Tubdenov V.V. Legal Status of Oil and Gas Producing Companies : Thesis of PhD (Law) / V.V. Tubdenov. Moscow, 2018. P. 388; Akimov N.A. Powers of Rosatom State Atomic Energy Corporation in Construction of Nuclear Facilities / N.A. Akimov // Energy Law Forum. 2019. No. 3. P. 22–30; Babich S.A. Legal Regulation of Relations in Nuclear Fuel Supply to European Union Member States / S.A. Babich // Energy Law Forum. 2019. No. 4. P. 38–44; Gorshkov M.S. Peculiarities of the Legal Status of Rosseti, PJSC / M.S. Gorshkov // Energy Law Forum. 2019. No. 4. P. 45–53; Saushkina S.M. Challenges of Legal Regulation of Energy Companies in Procurement of Goods of Foreign Origin, Works, Services Rendered by Foreign Entities / S.M. Saushkina // Energy Law Forum. 2019. No. 4. P. 31–37.

4. Official Web Portal of Legal Information http://www.pravo.gov.ru. April 6, 2020.

5. Energy Companies Ask for a State-Owned Fund to Solve the Problem of Debts Due to Coronavirus // Peretok.ru. URL: https://peretok.ru/news/strategy/22010/.

6. Fuel and Energy Complex on the Go: Putin Urged not to Allow Fuel Deficiency during the Pandemic // Izvestia. 2020. April 29.

7. Topical Issues and Tasks of Corporate Law : Monograph / edited by V.V. Romanova. Moscow : Yurist Publishing House, 2020.

8. Heffron Raphael J. Energy Law: An Introduction / Raphael J. Heffron. London : Springer, 2015. 90 p. ; Talus Kim. Introduction in EU Energy Law / Kim Talus. Oxford University press, 2016. 208 p. ; Talus Kim. EU Energy Law and Policy: A Critical Account . Oxford University press, 2013. 317 p. ; Sacker F.J. Der Independent System Operator: Ein Neues Institutionelles Design Fuer Netzbetreiber? / F.J. Sacker. Peter Lang AG, 2007. 215 p. ; Handrlica J. Hurdles Towards the Pyramids of the Nuclear Age: Undergronds Responsitories as an Enigma of International Nuclear Law / J. Handrlica // Czech Yerabook of public and private international law. 2019. Vol. 10. P. 285–297.

9. European and International Energy Law (MBL). URL: https://www.masterstudies.com/European-and- International-Energy-Law-(MBL)/Germany/TU-Campus-EUREF/; University of Aberdeen: Energy Law with Dissertation. URL: https://www.postgrad.com/university-of-aberdeen-school-of-law-energy-law-with-dissertation/ course/; University of Birmingham: Energy and Environmental Law. URL: https://www.postgrad.com/university- of-birmingham-birmingham-law-school-energy-and-environmental-law/course/; City, University of London: International Energy Law and Regulation. URL: https://www.postgrad.com/city-university-of-london-the-city-law- school-international-energy-law-and-regulation/course/; University of Dundee:International Energy Law and Policy (LLM). URL: https://www.postgrad.com/university-of-dundee-school-of-social-sciences-international-energy- law-and-policy-llm/course/; Energy Law, Online Master Degree – MJEL. URL: https://www.onareastudies.com/ Energy-Law-Online-Master-Degree-%E2%80%93-MJEL/USA/TulsaLaw/; International Environment and Energy Law (programme option). URL: https://www.uio.no/english/studies/programmes/pubint-master/programme- options/environment/index.html ; Osgoode Hall Law School of York University:Energy and Infrastructure Law. URL: https://www.llmstudy.com/osgoode-hall-law-school-of-york-university-continuing-legal-education-graduate- studies-energy-and-infrastructure-law/course/; MSc Programs in Energy Law in Greece 2020. URL: https://www. masterstudies.com/MSc/Energy-Law/Greece/.