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The Legal Regulation of the Use of Renewable Energy Sources under the Laws of the Eurasian Economic Union Member States
 
PIIS231243500022458-1-1
DOI10.18572/2410-4396-2021-1-90-95
Publication type Article
Status Published
Authors
Vladislav G. Tubdenov 
Affiliation: Kutafin Moscow State Law University
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 1
Pages90-95
Abstract

The article reviews challenging aspects of the legal regulation of the use of renewable energy sources taking into account the results of the law enforcement practice and the focus on digitization of the electric grid complex. The author justifies the expediency of the introduction of comprehensive legal grounds for the use of MicroGrid systems with RES generation elements by grid operators. It is suggested to give a legal definition of MicroGrid considering the possibility to include RES generation and electric energy accumulators in such system as well as the admissibility of their use by grid operators to carry out their primary activities of electric energy transfer within a specific electric power supply reliability category (MicroGrid as a means of upgrading at a consumer’s request); carry out their primary activities of technological connection when an alternative in the form of construction or reconstruction of the existing grid is impossible from the engineering standpoint and/or economically ineffective.

Keywordsenergy law, legal regulation of the use of renewable energy sources, digitization of the electric grid complex
Received16.01.2021
Publication date01.03.2021
Number of characters20618
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1 The Eurasian Economic Union member states have a well-developed system of legal acts regulating the relationships of the use of renewable energy sources. Each state has adopted strategic planning documents, separate acts on the use of renewable energy sources on the legislative level, and regulations. It should be noted that the adoption of the corresponding laws separately regulating the use of RES took place in all EAEU states except for the Russian Federation before the entry into force of the main Eurasian economic integration documents, i.e. from 2004 to 2010. The development of the legal framework in each of the EAEU member states in continuing. [1]
2 Thus, a study and an analysis of the main provisions of statutory acts of the EAEU member states can show tendencies of the development of the use of renewable energy sources and identify the provisions that can be used in the national laws of the Russian Federation.
3 Besides, researchers note that the EAEU has a deficiency of common unified documents on the legal regulation of the use of renewable energy sources, [2] thus, the analysis of laws of the EAEU member states becomes especially relevant from the standpoint of unification of laws of the EAEU member states.
4 Armenia
5 Today, it is the Republic of Armenia that has the oldest applicable legal act on renewable energetics of all EAEU member states, Law of the Republic of Armenia No. НО-122-N of November 9, 2004, On Energy Saving and Renewable Energy. According to Art. 1 of this law, its goal is the determination of state policy principles on the implementation of energy saving, the development of renewable energy sources and mechanisms of their implementation aimed at: consolidation of the economic and energy independence of the Republic of Armenia; raising the level of the economic and energy security of the Republic of Armenia, reliability of the energy system; energy saving; the creation of new products facilitating the development of renewable energetics; the organization of services; the reduction of manmade impact on the environment and human health.
6 Article 2 of the Law gives a definition of renewable energy sources understood as the aggregate of energy sources from renewable energy sources of wind, sun, water, geothermal energy, biomass that may be consumed. It is further stated that renewable energetics is the area focusing on obtaining energy out of renewable energy sources. Article 5 lists, in its turn, the state policy principles, among which one should highlight the following: the creation and application of legal and economic mechanisms facilitating the development of renewable energetics; the assurance of the growth and development of the use of renewable energy sources and the use of new technologies facilitating this process; the assurance of the effective (economical) use of natural resources and protection of the environment by the measures aimed at the development of renewable energetics; encouragement of cooperation between autonomous energy producers using renewable energy sources with the electrical power system on the conditions of electrical energy exchange; the implementation of state (national) target energy saving and renewable energy source programs. [3]
7 Among the areas of state management of RES, the development, adoption and implementation of state (countrywide, targeted) programs in the sphere of renewable energy sources; the assurance of the development and implementation of economic and legal mechanisms facilitating priority and effective use of own renewable energy sources in the legally establishedprocedure; financing, organizationof trainings, support of international cooperation, are worth noticing. The provisions of great importance are the ones in Art. 20 of the Law, the “transitional provisions”, establishing the application of 0% customs duty on import of the required equipment; the small hydro-electric power station development pattern (including in part of simplification of the process of obtaining land tenure rights and other required permissions); the implementation of a longterm tariff policy facilitating the accelerated development of renewable energetics and ensuring the implementation of principles established by Art. 5 of the Law. Finaly, the annex to the Law describes the mechanism of electrical energy exchange (flow) between autonomous producers and distributing organizations establishing the guarantees of payment for electrical energy generated by autonomous producers and compensations to autonomous producers.
8 Among the strategic planning documents in the Republic of Armenia, the Strategic Plan of the Energy Sector Development in the Republic of Armenia (until 2040) approved by Resolution of the Government of the Republic of Armenia No. 650-Л of May 16, 2019, is worth noting. This document highlights the importance of the maximum use of the potential of renewable energetics provided that it constitutes a part of the plan of the development of production capacities of electrical energy at minimum costs and is the key priority of the development of the energetics sphere. The construction of solar energy stations is the most economically beneficial for Armenia taking into account the available resources and the world tendencies of the development of this technology, and it will be a priority as compared to other energy sources considering the limitations caused by the system reliability and security indices. [4]

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