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On Strategic Tasks Of The Use Of Renewable Energy Sources And The Development Of Legal Regulation
 
PIIS231243500022551-4-1
DOI10.18572/2410-4396-2020-4-84-89
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 4
Pages84-89
Abstract

The development of the national scientific and technological potential, creation and application of advanced technologies in the power industry, including the technologies related to the use of renewable energy sources, are defined in the Energy Security Doctrine of the Russian Federation as the main tasks of ensuring technological independence and raising competitiveness of the fuel and energy complex. Renewable energy sources and energy storage units are referred to breakthrough technologies that may trigger structural and technological changes in the management and functioning of power systems and facilitate the transition of the power industry to a new technological basis (the so called “energy transition”). The above-mentioned strategic tasks of the further development of the power industry of the Russian Federation require financial support and due legal regulation. The paper brings forward proposals for the further development of the legal regulation of renewable energy sources on the legislative level enabling to fill in the gaps in the current legal regulation.

Keywordsenergy law, legal regulation of breakthrough technologies in the power industry, legal regulation of the use of renewable energy sources
Received06.11.2020
Publication date05.12.2020
Number of characters18149
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1 According to the Energy Security Doctrine of the Russian Federation approved by Order of the President of the Russian Federation No. 216 of May 13, 2019, the energy security risks include insufficient development of the regulatory framework, which hinders the deployment of innovative technologies, including the technologies related to the use of renewable energy sources, distributed powergeneration, and digital technologies in the power industry. The development of the national scientific and technological potential, creation and application of advanced technologies in the power industry including the technologies related to the use of renewable energy sources are defined in the Energy Security Doctrine of the Russian Federation as the main tasks of ensuring technological independence and raising competitiveness of the fuel and energy complex.
2 Pursuant to the Energy Strategy of the Russian Federation until 2035 approved by Order of the Government of the Russian Federation No. 1523-р of June 9, 2020, renewable energy sources and energy storage units are referred to breakthrough technologies that may trigger structural and technological changes in the management and functioning of power systems and facilitate the transition of the power industry to a new technological basis (the so called “energy transition”).
3 The above-mentioned strategic tasks of further development of the power industry in the Russian Federation require due legal regulation. A.G. Lisitsyn-Svetlanov notes that one of the arising tasks is the determination of the legal policy parameters in the power industry. In this case, the systematic approach, combining adoption of public and private legal acts and ensuring a balance of private and public interests, is needed. Meeting these conditions is required for energy law being the central chain of regulation in the power industry. [1]
4 M.I. Kleandrov, in his review of the strategic development of green power use, studies the legal means to be referred to in order to achieve the named improvement: tough means, administrative coercion, or soft power, primarily through financially-oriented encouragement. [2] It should be noted that many issues of legal regulation of the use of renewable energy sources become an increasingly frequent research subject. [3]
5 Representatives of the Renewable Energy Development Association note that 2019 became an extremely important year for the Russian renewable energy sector, export of solar panels of manufactured in Russia was launched, the first multimegawatt wind parks were commissioned, enterprises producing the key elements of wind turbines started mass production, first specialists majoring in RES completed the educational programs. [4]
6 The common feature of support of the use of renewable energy sources abroad is primarily financing of the subjects of relationships arising in the use of renewable energy sources. In addition, the corresponding statutory regulation is in place abroad in respect of strategic RES development tasks.
7 BloombergNEF (BNEF) has published the data on global investments in RES in 2019: investments in the renewable energy sector (excluding large hydroelectric power stations) reached USD 282.2 billion last year, which exceeds the amount of 2018 by 1%. The volume of investments on the world’s largest market (China) reduced, while the second largest market (USA) set a new record. China again turned out to be the largest investor in renewable energy sources having invested USD 83.4 billion in 2019, however it was by 8% less than in 2018 and the lowest value since 2013. The PRC investments in the wind industry grew by 10% and reached USD 55 billion, while the ones in the solar energy decreased by 33% making USD 25.7 billion which equaled just a third of Chinese investments in the solar energy in the recordsetting 2017. Notwithstanding the decrease in the volume of investments in renewable energy sources, Great Britain invested USD billion, which did not prevent clean energy from besting hydrocarbons in electric energy generation. According to the data presented by BloombergNEF (BNEF), offshore wind industry showed a record-breaking growth of investments, which reached USD 29.9 billion exceeding the velues of 2018 by 19%. [5]
8 Order of the Government of the Russian Federation No. 2749-р of October 24, 2020, approved changes to Order of the Government of the Russian Federation No. 1-р of January 8, 2009, increasing the term for the Main Areas of the State Policy in Raising the Energy Performance of the Power Industry Based on the Use of Renewable Energy Sources from 2024 to 2035.
9 Order of the Government of the Russian Federation No. 1-р of January 8, 2009, still indicated the following reasons for the slow pace of the development of power industry based on RES:
10 Non-competitiveness of projects stipulating the use of renewable energy sources in the existing market environment compared to projects based on the use of mineral fuel types;
11 Institutional barriers related to the absence of the required statutory acts encouraging the use of renewable energy sources in the power industry, absence of any federal and regional programs supporting the large-scale use of renewable energy sources;

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1. Lisitsyn-Svetlanov A.G. Parameters of the Legal Policy in the Power Industry / A.G. Lisitsyn-Svetlanov // Energy Law Forum. 2020. No. 2. P. 7–15.
2. Kleandrov M.I. On the Development Vector of the Legal Regulation of the “Green” Finance of the “Green” Power Industry / M.I. Kleandrov // Energy Law Forum. 2020. No. 1. P. 26–33.
3. Popondopulo V.F. Renewable Energy Sources in the Power Industry / V.F. Popondopulo, O.A. Gorodov, D.A. Petrov // Energy Law. 2011. No. 1. P. 23–29. ; Simvolokov O.A. Legal regulation of the Development of Technologies Related to the Use of Renewable Energy Sources / O.A. Simvolokov // Russian Law Journal. 2020. No. 9. P. 53–67. ; Kologermanskaya E.M. Peculiarities of the Legal Regulation of the Use of Renewable Energy Sources in the BRICS Member States / E.M. Kologermanskaya // Energy Law Forum. 2019. No. 3. P. 59–65.
4. Reports of the Renewable Energy Development Association. URL: https://rreda.ru/reports. 
5. Sidorovich V. The Global Volume of Investments in RES Increased by 1% in 2019 / V. Sidorovich // RenEn. 2020. January 16. URL: https://renen.ru/the-amount-of-global-investment-in-renewable-energy-in-2019-  increased-by-1-per-cent/
6. Norwegian DNV GL Has Created a Venture Foundation to Support Innovations in the Power Industry // Tass. 2020. March 3. URL: https://tass.ru/ekonomika/7891967. 
7. URL: https://renen.ru/apple-set-up-a-300-million-fund-in-china-to-invest-in-res/ 
8. URL: https://neftegaz.ru/news/finance/201002-rosatom-investiruet-3-mlrd-rub-v-venchurnyy-fond-v-t-  ch-dlya-razvitiya-vie-i-umnoy-energetiki/
9. Rosatom Invests RUB 3 Billion in a Venture Foundation, i.a., for the Development of RES and Smart Energy. URL: https://zen.yandex.ru/media/id/5ca1fafd1b3a6c00b329205a/komitet-gosdumy-po-energetike-  rekomenduet-priniat-zakonoproekt-o-mikrogeneracii-5dee05f486c4a900b03d3d65.
10. The Government Has Improved Renewable Energy Project Support Mechanisms in Retail Markets // Ministry of Energy. 2020. September 1. URL: https://minenergo.gov.ru/node/18708. 
11. The State Duma Energy Committee Has Held a Round Table Discussion on Renewable Energy Sources: The Status of Russian Laws, Development Prospects, and Ways of Improvement, Including on the Example of Power Supply of Isolated Territories. URL: http://komitet2-13.km.duma.gov.ru/Novosti-Komiteta/  item/23077170/.

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