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Objectives Of Further Development Of The Legal Regulation Of Energy Resource Usage For Energy Law And Order Enhancement
 
PIIS231243500022511-0-1
DOI10.18572/2410-4396-2020-3-69-72
Publication type Article
Status Published
Authors
Viktoria V. Romanova 
Occupation: Head of the Department of Energy Law
Affiliation: Kutafin Moscow State Law University (MSAL)
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 3
Pages69-72
Abstract

The nature of the legal regime of energy resources, requirements for their quality, metering, extraction, production, delivery, transportation, storage, pricing, customs regulation are fundamental problems of energy law. Certainty in the legal regulation of the use of energy resources as the key object of social relations within the scope of energy law has a direct impact on securing the balance of interests between energy law subjects at national and international levels. The level of the international unification of provisions on the legal regime of energy resources remains low, with the exception of unified provisions on the use of nuclear power. Due to the specific nature of energy resources, both national and international unification is performed primarily using an industry-based approach. Further development of the legal regulation of the use of energy resources, the improvement of the legal regime of energy resources, in particular, factoring in the need to apply innovative energy saving, energy efficient technologies, ensuring anti-terrorism security, and industrial safety of the energy infrastructure require legal studies in this area. Comparative legal studies of provisions on the legal regime of energy resources in other countries will be especially valuable. This article can be useful for further research into the subject matter, for education purposes.

Keywordsenergy law, legal regime of energy resources, social relations within the scope of energy law
Received06.08.2020
Publication date04.09.2020
Number of characters9579
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Table of contents

Current State and Objectives of the Legal Regulation of the Use of Energy Resources
State of International Legal Unification
Conclusion
1

Current State and Objectives of the Legal Regulation of the Use of Energy Resources
2 The nature of the legal regime of energy resources, requirements for their quality, quantity, metering, extraction, production, delivery, transportation, storage are fundamental problems of energy law.
3 The state of energy law and order depends on adequate legal regulation of the use of energy resources [1].
4 Certainty in the legal regulation of the use of energy resources as the key object of social relations within the scope of energy law has a direct impact on securing the balance of interests between energy market stakeholders at national and international levels.
5 The principles of using energy resources shall balance interests of different energy market stakeholders. The key principles of using energy resources are:
6 Availability of energy resources for the consumers,
7 Metering of the used energy resources at all stages, including extraction, production, delivery, transportation, handover, storage,
8 Adequate pricing of energy resources,
9 Use of energy saving, energy efficient technologies,
10 Safe use of energy resources,
11 Proper condition of the energy infrastructure, including the fulfillment of the industrial safety and anti-terrorism security requirements.
12 Due to the specific nature of energy resources, both national and international unification is performed primarily using an industry-based approach.
13 At the moment, there is no unified regulatory document establishing the requirements for legal regimes of energy resources. The peculiarities of the legal regime of energy resources, depending on what kind of relations the energy resources are involved in, are established by various regulatory documents governing private law or public law relations, and are determined in accordance with the terms and conditions negotiated by the parties to the corresponding contracts.
14 Key general regulations governing relations in this sphere include, but are not limited to: the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Tax Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, Law of the Russian Federation No. 5003-1 “On the Customs Tariff” dated May 21, 1993, Federal Law No. 147-ФЗ “On Natural Monopolies” dated August 17, 1995, Federal Law No. 135-ФЗ “On Competition Protection” dated July 26, 2006, etc.
15 General provisions establishing requirements for energy metering, energy saving, energy efficiency are stipulated by the Federal Law “On Energy Saving, Energy Efficiency Improvement, and Amendments to Certain Laws of the Russian Federation”.
16 The peculiarities of the legal regime of particular energy resources are established by the following federal laws: “On the Electric Power Industry”, “On Gas Supply”, “On Heat Supply”, “On Nuclear Power Use”, “On the State Regulation of Coal Extraction and Use”, “On the Peculiarities of the Social Protection of Coal Industry Workers”. An exception is legal regulation in the oil sector, where there is still no specific federal law. The peculiarities of the legal regime for oil, including as an object of domestic market supply relations, of exchange trading, of transportation, shipment relations, of foreign trade transactions, have been established by the above general regulations, as well as at the level of subordinate legislation, local regulations of exchanges, in international agreements.
17 Legal studies aptly note the need for the improvement of legal regulation in the use of energy resources [2].
18 Stating the necessity of further development of energy laws, A.G. Lisitsin-Svetlanov noted that the importance of energy legislation for Russia was comparable with that of fundamental laws, and drew an analogy “with the anticipation of the adoption of the Civil Code of the Russian Federation which, at the initial stage of market-oriented reformation of the Russian legislation, was christened Second Constitution in the 90s” [3].
19 The Federal Law “On Energy Saving, Energy Efficiency Improvement, and Amendments to Certain Laws of the Russian Federation” is the fundamental regulatory document governing relations involving the use of energy resources. This federal law defines the term energy resource, establishes requirements for the metering of the used energy resources, principles of legal regulation in the field of energy saving and energy efficiency improvement, powers of state bodies in this area, provisions on state regulation, energy survey procedures, energy efficiency requirements. In furtherance of this federal law, some subordinate regulations have been adopted.
20 Provisions on the metering of energy resources are of crucial significance for payments for the used energy resources. In this regard, it should be noted that, apart from general provisions on energy metering, there is also specialized regulation in the energy laws stipulating the use of smart metering systems and imposing the responsibility to procure, install and replace electric power meters and/or other equipment as necessary to ensure fiscal metering of electric power (capacity) on energy companies.

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1. Romanova V.V. Energy Law Order: Current State and Tasks / V.V. Romanova. Moscow : Yurist Publishing House, 2016. P. 255.
2. A.G. Lisitsin-Svetlanov. Energy Law: Objectivesof Further Developmentofthe Sector/A.G. Lisitsin-Svetlanov// Legal Regulation in the Spheres of Electric Power and Heat Supply : materials of an international scientific and practical conference (Moscow, December 13, 2013) : collection of scientific articles. Moscow : Yurist Publishing House, 2013. P. 10–15 ; Popondopoulo V.F. Challenges of Generation Based on Renewable Energy Sources in Russia / V.F. Popondopoulo, O.A. Gorodov, D.A. Petrov // Law Power. 2018. No. 3. P. 194–204 ; Romanova V.V. Energy Law Order: Current State and Tasks / V.V. Romanova. Moscow : Yurist Publishing House, 2016. P. 255 ; Romanova V.V. Problems and Tasks of the Legal Regulation of Exchange Energy Trading in the Russian Federation and the Eurasian Economic Union / V.V. Romanova // Energy Law Forum. 2019. No. 1. P. 9–17 ; Salieva R.N. Legislative Support of Rational Subsoil Use in the System of Energy Security Achievement Means / R.N. Salieva // Energy Law Forum. 2018. No. 3. P. 16–2.
3. A.G. Lisitsin-Svetlanov. Energy Law: Objectives of Further Development of the Sector / A.G. Lisitsin- Svetlanov // Legal Regulation in the Spheres of Electric Power and Heat Supply : materials of an international scientific and practical conference (Moscow, December 13, 2013) : collection of scientific articles. Moscow : Yurist Publishing House, 2013. P. 10–15.
4. The Energy Committee of the State Duma held a round table on the topic Energy Saving and Energy Efficiency Improvement in the Russian Federation: Enforcement Practice and Development Opportunities of Federal Laws // Energy Committee of the State Duma, State Duma of the Federal Assembly of Russia. 2020. July 13.
5. Romanova V.V. Energy Law Order: Current State and Tasks / V.V. Romanova. Moscow : Yurist Publishing House, 2016. P. 255 ; Saliev I.R. Energy Saving and Energy Efficiency: Civil Law Aspect of Regulation in Russia and the CIS / I.R. Saliev, R.N. Salieva, Z.M. Fatkudinov // Eurasian Law Journal. 2014. No. 8. P. 58–65 ; Shevchenko L.I. Contractual Relations in the Energy Sector / L.I. Shevchenko. Moscow : MGIMO- University Publishing House, 2015. P. 183–196.
6. Romanova V.V. Energy Law Order: Current State and Tasks / V.V. Romanova. Moscow : Yurist Publishing House, 2016. P. 255.
7. A.G. Lisitsin-Svetlanov. The Role of Law in the Modernization of the Russian Economy / A.G. Lisitsin- Svetlanov. Moscow : Institute of State and Law of the Russian Academy of Sciences, 2011. P. 202.
8. Romanova V.V. Energy Law Order: Current State and Tasks / V.V. Romanova. Moscow : Yurist Publishing House, 2016. P. 255 ; Romanova V.V. Current State and Development Trends of Legal Regulation in the Sphere of Nuclear Energy Use / V.V. Romanova // Problem Issues and Trends of Legal Regulation in the Sphere of Nuclear Energy Use : monograph / edited by V.V. Romanova. Moscow : Yurist Publishing House, 2017. P. 223.

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