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Peculiarities of Regulation of the Legal Regime of Protective Zones of Electrical Energy Production Facilities
 
PIIS231243500022499-6-1
DOI10.18572/2410-4396-2021-4-128-133
Publication type Article
Status Published
Authors
Sergey Yu. Bobrov 
Occupation: Chief Specialist for General Legal Support of the Legal Directorate of Mosenergo, PJSC
Affiliation: Mosenergo, PJSC
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 4
Pages128-133
Abstract

This article is dedicated to peculiarities and problems of the legal regulation of the regime of protective zones of electrical energy production facilities. The author analyzes the applicable laws establishing prohibitions and restrictions in respect of the use of land plots located within the boundaries of protective zones of electrical energy production facilities, pays attention to legal conflicts that significantly reduce the efficiency of enforcement of special provisions regulating the regime of a protective zone of electrical energy production facilities by authorized executive authorities for the purposes of elimination and prevention of possible violations of the indicated regime by land users of land plots adjacent to the generation facilities. Besides, the author points out the absence of any legal mechanisms facilitating prevention/suppression of identified violations of the regime of a protective zone of an electrical energy production facility. As a result of the identified conflicts in the current legal acts and the absence of any efficient mechanisms of influence on the persons having committed the violation of the regime of a protective zone of an electrical energy production facility, the author has developed proposals for the development of the legal regulation and creation of efficient measures to suppress and prevent any violations of the abovementioned regime.

 

Keywordsenergy law, energy security; security of facilities of the fuel and energy complex, protective zones of electrical energy production facilities
Received01.12.2021
Publication date20.12.2021
Number of characters20940
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1 Problems of the legal support of energy securityincludevariousaspectsincluding security of facilities of the fuel and energy complex. The carried out legal studies seem relevant as they involve strengthening of the energy law and order considering various internal and external challenges and threats. The efficiency of the energy law and order directly depends on the efficiency of the system of the legal regulation in the energy industry that consists of a multitude of elements, each of which represents an aggregate of provisions establishing rules, regimes, procedures for objects, subjects or private and public law relations in the energy industry [1]. The legal regime of energy facilities refers to the key elements of the system of the legal regulation in the energy industry establishing the energy law and order [2]. The improvement of the regulatory framework in terms of ensuring of secure, reliable and stable functioning of the energy infrastructure and facilities refers to the primary tasks in ensuring energy security, so the carried out studies including the ones on challenging aspects of the legal support of security of facilities of the fuel and energy complex [3] are required for the further development of the legal regulation.
2 Until 2011, Russian laws contained no legal acts regulating the sphere of ensuring security of facilities of the fuel and energy complex. Legal relations in the mentioned sector were regulated by legal acts common for all branches of the economy (the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation) and special legal acts: Federal Law No. 116-FZ of July 21, 1997 On Industrial Security of Dangerous Production Facilities, Federal Law No. 7-FZ of January 10, 2002 On Environmental Protection, Federal Law No. 35-FZ of March 6, 2006 On Terrorism Combating, etc.
3 The mentioned legal acts failed to fully consider the specifics of ensuring secure functioning of facilities of the fuel and energy complex in general and electrical energy production facilities in particular.
4 Taking into account the special significance of facilities of the fuel and energy complex for the economy, subsistence and defense capacity of the country, the legislator adopted Federal Law No. 256-FZ of July 21, 2011 On the Security of Facilities of the Fuel and Energy Complex; the subject of the legal regulation of this law is as follows:
  1. Establishment or organizational and legal bases for ensuring security of facilities of the fuel and energy complex in the Russian Federation for the purposes of prevention and avoidance of any illegal interference;
  2. Appointment of authorized executive authorities in the sphere of ensuring security of facilities of the fuel and energy complex as well as rights, obligations and liability of subjects of the fuel and energy complex.
5 For the purposes of the implementation of Clause 1, Article 7 of Federal Law No. 256-FZ of July 21, 2011 On the Security of Facilities of the Fuel and Energy Complex stipulating the establishment by the Government of the Russian Federation of requirements for ensuring anti-terrorist protection and security of facilities of the fuel and energy complex obligatory by subjects of the fuel and energy complex, the Government of the Russian Federation approved the Rules for Ensuring Security and Anti-Terrorist Protection of Facilities of the Fuel and Energy Complex (“ATP Rules”) by Resolution No. 458dsp of May 5, 2012.
6 ATP Rules set the number of specific requirements for ensuring security and antiterrorist protection of facilities of the fuel and energy complex (including electrical energy production facilities) depending on the assigned facility danger category.
7 By virtue of Subclause 3, Clause 9, Part 2 of the Provision on the Federal National Guard Troops Service of the Russian Federation approved by Order of the President of the Russian Federation No. 510 of September 30, 2016, Clause 22, Part 1, Article 9 of Federal Law No. 226-FZ of July 3, 2016 On the National Guard Troops of the Russian Federation, the Federal National Guard Troops Service of the Russian Federation exercises the federal state control (supervision) over ensuring security of facilities of the fuel and energy complex.
8 In addition to the adoption of the above listed legal acts aimed at the prevention of illegal interference with electrical energy production facilities, the legislator has also reviewed the issue of the establishment of the legal regime of protective zones of electrical energy production facilities aimed at ensuring secure functioning and exploitation of the latter.
9 Federal Law No. 257-FZ of July 21, 2011 On Amendments to Separate Legal Acts of the Russian Federation in Terms of Ensuring the Security of Facilities of the Fuel and Energy Complex introduced amendments to Paragraph 4, Clause 2, Article 89 of the Land Code of the Russian Federation aimed at the specification of the legal regime of protective zones of electrical energy production facilities, determination of the procedure for the establishment thereof and imposition of functions of supervision over the compliance with the regime of protective zones on the Federal Service for Environmental, Technological and Nuclear Supervision.

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