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The Concept and Legal Regulation of Energy Security as the Basis of the Energy Law Order
 
PIIS231243500022453-6-1
DOI10.18572/2410-4396-2021-1-79-83
Publication type Article
Status Published
Authors
Lyubov I. Shevchenko 
Affiliation: Moscow State Institute of International Relations (University) of the Ministry of Foreign Relations of the Russian Federation
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 1
Pages79-83
Abstract

The research of the issues related to the development of legal mechanisms aimed at the assurance of global energy security acquires especial significance in the modern period due to the increased importance of the energy component of the modern economy, its influence on the development of the system of international relations, world economy and geopolitics. The analysis of national laws, national and foreign doctrines will make it possible to determine the general features characterizing the understanding of energy security, single out its essential attributes, identify the main factors significantly affecting safe functioning of the fuel and energy complex. Solution of these issues is a necessary step in the further development and improvement of the legal regulation of relationships in energetics including the statutory consolidation of the complex of required measures assuring its security, which will undoubtedly facilitate strengthening of the energy law order on the global scale.

Keywordsenergy law, energy security, national security, energy law order
Received16.01.2021
Publication date01.03.2021
Number of characters13472
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1 The assurance of guaranteed energy security is viewed by each state as the main strategic development task while the understanding of energy security is related to the fact that the latter is one of the most importance components of the national security of the country. However, such approach gives no opportunity for a full determination of the understanding of energy security, showing its essential attributes to be used as a basis for the development of the corresponding concept applicable for statutory consolidation, which should serve as a basic factor defining the legal and economic ground of the state energy security assurance mechanism.
2 The energy security assurance concept, tasks and conditions are worded in the following strategic documents: the National Security Strategy of the Russian Federation for the Period until 2030, the Economic Security Strategy of the Russian Federation for the Period until 2030, the Strategy of the Scientific and Technological Development of the Russian Federation, the Fundamentals of the State Policy of the Russian Federation in Industrial Security for the Period until 2025 and Thereafter, and in the specialized document, the Energy Security Doctrine approved by an Order of the President of the Russian Federation of May 13, 2019. A detailed analysis of the aims, principles, main areas and tasks of energy security assurance as well as modern energy law order tasks worded in these documents is given by V.V. Romanova. [1]
3 The mentioned documents reflect approaches towards the understanding of energy security. Thus, the National Security Strategy of the Russian Federation notes that the main content of energy security is the stable satisfaction of the demand in the required amount of energy carriers of standard quality, the effective use of energy resources by raising competitiveness of national producers, the prevention of possible deficit of fuel and energy stock, establishment of strategic reserves of fuel and components and assurance stability of energy supply. The energy security concept is defined in the Energy Security Doctrine of the Russian Federation through such categories as challenges, threats and risks in the energy sphere.
4 The complex of relationships assuring effective functioning of the energy industry, its energy security is generally based on fundamental constitutional law provisions obligating government and local selfgovernment authorities as well as economic entities to treat land and natural resources in due manner, ensure their protection, sparing use of energy sources, not allowing violation of the corresponding environmental and technological integrity conditions (Articles 9, 36, 58, 71 of the Constitution of the Russian Federation).
5 Energy security is mentioned in the Federal Law On Security of Objects of the Fuel and Energy Complex (Article 2), but this law reviews energy security in a narrow sense, only in relation to objects of the fuel and energy complex.
6 It is worth mentioning that the basic energy security concepts are not duly systematized in the applicable statutory acts of Russia, such documents have no clear and uniform understanding of energy security and mechanisms of its assurance.
7 The issue of understanding of energy security is a subject of scientific discussions both in the economic and legal science. The opinions submitted on this issue present a variety of approaches. Scientists assigning different meanings to this concept, often use this term to attach deeper significance or relevance to some energy problems that in their essence not always cover the issues directly related to energy security. [2]
8 Many Russian researchers define energy security as the state and level of protection of the system consisting of separate citizens, the society and economy in general against threats to uninterrupted and reliable energy supply.
9
  1. Tatarkin notes that energy security in this quality is a regulated system of reliable and safe movement of fuel and energy resources and accompanying production factors on a global scale assuring stable economic and social development in the world. [3]
10 Thus, energy security is most often defined by the Russian authors as the state of protection of citizens, the society, state, economy against the following threats:
  1. Failure to meet justified demands in energy, energy resources, uninterrupted energy supply in the conditions of economically reasonable and justified prices on fuel and energy resources;
  2. Deficit of energy carriers, economically available energy resources;
  3. Energy supply interruptions, etc.
11 It seems that such narrow approaches to the understanding of energy security and its component parts (risk, threat, danger) can lead to its imprecise interpretation and use in law making and in practice. It cannot go unnoticed that the understanding of energy security as the state of protection against threats is hardly sufficient, such measures need to be aimed not only and not so much at protection against various threats as primarily at their prevention and averting.

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