Ensuring Energy Security: Some Tasks of the Internal and External Legal Policy of the Russian Federation

 
PIIS231243500022475-0-1
DOI10.18572/2410-4396-2021-4-84-87
Publication type Article
Status Published
Authors
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 4
Pages84-87
Abstract

Justified singling out of serious challenges to the energy security as well as setting of tasks involving its organizational and legal support is a program step but just the first step in the legal policy that forms the legal regulation system at the domestic and international levels. Further on, the current legal policy is essentially the development of concepts of regulatory acts, identification of priorities in the use of various sources of law and building of a balance between the domestic and international legal regulation. The development and implementation of the legal policy aimed at ensuring energy security of Russia starts from the security of the energy infrastructure. The regulatory support of this sphere seems to be operating on the due level in Russia. The challenging issue is the one of ensuring the innovative development of the industry. This issue concerns the entire innovation chain: from fundamental studies to deployment technologies and from survey of energy resources to the end energy consumer.

 

Keywordsenergy law, energy security, innovative development of the energy industry
Received01.12.2021
Publication date20.12.2021
Number of characters11955
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1 Problems related to the strategy ensuring the energy security of Russia are a subject of fundamental legal research [1] and strategic acts adopted by the executive branch of the government that determine planning in the national security sphere. Such acts include: the Energy Security Doctrine of the Russian Federation approved by Order of the President of the Russian Federation No. 216 of May 13, 2019, that is the result of the development of provisions of the National Security Strategy of the Russian Federation, the Economic Security Strategy for the Period up to 2030, the Scientific and Technical Development Strategy of the Russian Federation, Fundamentals of the State Policy of the Russian Federation in the Industrial Safety Sphere for the Period up to 2050 and Further.
2 Justified singling out of serious challenges to the energy security as well as setting of tasks involving its organizational and legal support is a program step but just the first step in the legal policy that forms the legal regulation system at the domestic and international levels. Further on, the current legal policy is essentially the development of concepts of regulatory acts, identification of priorities in the use of various sources of law and building of a balance between the domestic and international legal regulation [2].
3 Russia possesses unique energy resources in terms of volume and variety. However, considerable volumes or the variety of energy sources cannot independently ensure unconditional energy security of the country. Potential problems are related to general negative factors existing in the economic and social structures of Russia as well external problems arising in conditions of international competition and age-old struggle between the countries in view of the objective economic, political, ideological, religious, national and other differences.
4 The set and acuteness of problems can vary depending on the historical period, which affects the character and forms of response reaction of the Russian state and the business community. It seems that the key challenges and threats to the energy security of Russia in modern conditions are attributable to external factors.
5 The Energy Security Doctrine of the Russian Federation approved by Order of the President of the Russian Federation No. 216 of May 13, 2019, contains a rather complete list of reasons of and threats to the energy security of Russia. Some of them have appeared due to objective processes. For example, collapse of the USSR and the economic integration of the Council for Mutual Economic Assistance (CMEA) has radically changed the position of Russia on the world economic market in general. Man-caused processes affecting the environment and climate can be referred to objective processes affecting the energy security, although the subjective factor is also in place here, being linked to the desire of rapid change of the world energy market. Thus, the problem of the speediest introduction of carbon taxes was discussed at the 14th Eurasian Economic Forum in Verona. In this respect, it is appropriate to mention the prudent position of I.I. Sechin, who noted that the introduction of carbon taxes on traditional energy resources and the need for huge investments in the “new energy industry” will result in the growth of energy prices for end consumers [3].
6 The sanctions policy pursued by the USA and their allies can serve as an example of targeted injurious actions creating an energy security threat. Finally, the factors posing threats to the energy security of Russia are: non-uniformity of the technological development and management of the energy industry in various states and inter-state unions and amendments to their domestic laws and the supranational regulation [4].
7 The listed reasons and threats are generalized. In real life, they are manifested differently and are often interrelated. This stipulates the need to develop the legal policy not only by taking into account the admissibility of possible measures of combating of some challenges and threats but also by evaluation of their efficiency from legal and economic standpoints.
8 The development and implementation of the legal policy aimed at ensuring energy security of Russia starts from the security of the energy infrastructure. The regulatory support of this sphere seems to be operating on the due level in Russia. The challenging issue is the one of ensuring the innovative development of the industry. This issue concerns the entire innovation chain: from fundamental studies to deployment technologies and from survey of energy resources to the end energy consumer. The innovative development tasks are referred both to traditional branches of the energy industry and the developed “clean” or “green” energy industry. In order to build a system of adequate legal regulation, one needs to take into account that from the technical standpoint, the innovative development in modern conditions gives examples of the growing transnational development by contrast with the legal regulation of objects of innovative activities that bear the territorial character by their nature but are used in the stream of commerce as instruments of the international competitive and political struggle on the international stage.

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