The Development of the Legal Regulation of Innovative Relationships in the Energy Sector of Economy

Considering that the problem of innovations is “open-ended” for any branch of the economy including the energy one and that the Russian energy branch objectively is export-oriented, its substantial development, as well as the legal regulation, should be built taking into account the international tendencies of innovations in energetics and the principle of coordination of national and international law. Russian energetics can flourish in case of the advanced development of technologies in all of its branches. Russian energetics staying on the technological level of the West, let alone lagging behind, means the loss of its independence and thus a blow to the national security. The external market exists in the conditions of tough competition between companies of the same sector, for example, oil and gas, as well as between companies operating in various sectors, i.e., energetics based on non-renewable and renewable energy sources. The appearing competition in international markets has now no adequate international law regulation.

Keywords

energy law, innovative development of the fuel and energy complex, legal regulation of strategic tasks in energetics

Received

16.01.2021

Publication date

01.03.2021

Number of characters

12752

Cite Download pdf

GOST	Lisitsin-Svetlanov A. The Development of the Legal Regulation of Innovative Relationships in the Energy Sector of Economy // Energy law forum – 2021. – Issue 1 C. 64-67 [Electronic resource]. URL: https://mlcjournal.ru/S231243500022502-0-1 (circulation date: 29.04.2024). DOI: 10.18572/2410-4396-2021-1-64-67
MLA	Lisitsin-Svetlanov, Andrey G "The Development of the Legal Regulation of Innovative Relationships in the Energy Sector of Economy." Energy law forum 1 (2021):64-67. DOI: 10.18572/2410-4396-2021-1-64-67
APA	Lisitsin-Svetlanov A. (2021). The Development of the Legal Regulation of Innovative Relationships in the Energy Sector of Economy. Energy law forum (1), pp.64-67 DOI: 10.18572/2410-4396-2021-1-64-67


1	Issues of the innovative development of national economy are rooted in the Soviet perestroika era. In was in that period, that the bases of present-day intellectual property laws were laid. The statutory regulation of contractual relationships of transfer of intellectual deliverables is reflected in the contemporary Russian history in part IV of the Civil Code of the Russian Federation and has become one of the few examples for the world practice. Such certainty in the legal policy has given rise to confidence in the further successful innovative development of all economy sectors including the energy sector. However, the expectations did not materialize.
2	More than two decades have passed, the concepts of the “knowledge-driven economy”, “nanotechnologies”, “digital economy” have been proclaimed followed by their supreme form, the “economy/era of ‘artificial intelligence’”, but the problem of the national innovative development still remains relevant. This concerns the majority of the economy spheres, and energetics is not an exception.
3	Almost all Russian government authorities are puzzled by the absence of due innovative development. Business that faces limitations in the use or acquisition of foreign equipment, is forced to significantly review its program projects. Technological restrictions in respect of Russian enterprises are viewed by foreign governments as optimal measures notwithstanding that they are damaging economic interests of their own companies.
4	The existing situation can be explained by a number of factors, among which the legal ones are of essence. One should distinguish general measures, for example, tax and customs regulation in the legal regulation of innovative relationships aimed at their development. The special regulation covers the issues of creation, protection and transfer of intellectual deliverables. The complementary regulation covers, inter alia, the issues of the status of innovative process participants, license regulation, technical standards, natural resource use and other public legal regulation spheres. The role of the state on all the innovative process stages and export and import regulation in energetics acquires special importance for the national energy law. [1]
5	It is worth noting that the state is constantly taking measures aimed at encouragement of innovative relationships including the ones in energetics. A distinctive feature of the legal regulation of the energy complex in the Russian Federation is the recurrent adoption of program documents by the state aimed at ensuring the intensive development of energetics. Such practice can be explained taking into account the role of energetics in the Russian economy. What is particular noticeable is that the tasks of the innovative development of energetics are specifically highlighted in such documents. They are not only an essential condition of the economic development in the modern world but also ensure national security. Among the latest strategic planning documents, the Energy Strategy of the Russian Federation for the Period until 2035, approved by Resolution of the Government of the Russian Federation No. 1523–р of June 9, 2020, is worth noticing. It is designed to ensure the implementation of a number of earlier adopted program documents including the Energy Security Doctrine of the Russian Federation approved by the Order of the President of the Russian Federation of May 13, 2019.
6	The provisions of the Strategy and the Doctrineconcerningtheinnovativedevelopment issues are aimed at the improvement of the legal regulation of innovative relationships in terms of law making and in the contractual practice on the national and international levels. With no prejudice to the importance of the above documents, one should note that the determination of some tasks in strategic planning documents is not a guarantee of their achievement. [2]
7	The tasks of the legal regulation of innovations may be viewed from at least two standpoints. Firstly, as legal regulation of the whole innovative relationship chain: from the development of a new idea to the sale of finished products or services produced/ rendered using new technologies. Secondly, the use of law as an incentive for the innovative development of economy in general and its energy sector in particular. The fulfillment of these tasks requires special legal regulation.
8	In the first case, Russian laws technically have the full set of statutory acts required for the regulation of the whole innovative relationship chain. However, this regulation cluster has for years shown its low efficiency in all economy branches except for the military industrial complex (the criticism is mostly related to the issues of production of dual-use goods).
9	In the second case, one should rather refer not to the consistency of the legal regulation, but to the qualitative characteristics of the law able to intensify innovative processes. The energetics being the driving force of the Russian economy, requires the regulation that can solve this very problem.

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