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Legal Mechanisms for Securing Technological Sovereignty in the Electric Power Industry under the Sanctions Pressure
 
PIIS231243500023548-0-1
DOI10.18254/S231243500023549-1
Publication type Article
Status Published
Authors
Petr N. Maksimenko 
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 4
Pages39-47
Abstract

The electric power industry as a fundamental branch of the Russian economy is actively developing, inter alia, through technological and digital capacity expansion. Under the increased sanctions pressure on the Russian economy, the electric power industry, as well as other areas of the fuel and energy complex, is subject to significant risks associated with the need for technology import substitution. Taking into account the significant public and legal impact on the electric power market due to its high social and economic importance, the active introduction and development of technological and digital services in the industry is limited to some extent. Therefore, special legal regulation shall be further improved to expand the civil-law freedoms of electric power industry entities, especially in view of new technological and digital solutions. The attitudes, judgments, and statements presented in this article constitute the author’s personal opinion and may not correspond to the official viewpoint of the organization that employed him or any other organization.

Keywordsenergy law, legal regulation in the electric power industry, technological sovereignty
Received23.12.2022
Publication date27.12.2022
Number of characters25695
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Table of contents

4. Regulatory Sandbox Regime.
5. Necessary Legal Mechanisms to Support the Development of Technological Sovereignty of the Electric Power Industry
6. Conclusion
1 1. Problem Setting. The twenty-first century undoubtedly represents the era of the most active development of all kinds of technologies and digital services, which fundamentally change both the operation of all economic sectors and the life of society as a whole.
2 Digital economy development is considered as a factor that has a significant impact on gross domestic product growth in the Russian Federation, which makes it advisable to actively develop national technologies for all sectors of the economy and requires proper regulatory support (clauses 39–51 of the Strategy for Information Society Development in the Russian Federation for 2017–2030 approved by Order of the President of the Russian Federation No. 203 dd. May 9, 2017).
3 Based on the fundamentals established by the Strategy, other strategic documents of the Russian Federation proceed from the needs to create technological sovereignty as a fundamental condition for further development and internal and external security support.
4 Thus, the Basic Principles of State Policy of the Russian Federation in International Information Security approved by Order of the President of the Russian Federation No. 213 dd. April 14, 2021, stipulate the need, inter alia (clause 17):
5 • to create conditions for counteracting technological domination and monopolization of information and communication technology markets by certain states;
6 • to promote equal access of all states to advanced information and communication technologies and prevent technological dependence.
7 The National Strategy for Artificial Intelligence Development for the Period up to 2030 approved by Order of the President of the Russian Federation No. 490 dd. October 10, 2019, is based on ensuring the independence in artificial intelligence (clause 19), and hence other technological aspects.
8 These goals and objectives are also reflected in industry-specific strategic documents in the energy sector.
9 According to the Energy Security Doctrine of the Russian Federation approved by Order of the President of the Russian Federation No. 216 dd. May 13, 2019, the formation of technological independence and the use of Russian technology products in the relevant sector (clauses 22 and 24) are among the main goals and areas of energy security.
10 Developing the above provisions, the Energy Strategy of the Russian Federation until 2035 approved by Order of the Government of the Russian Federation No. 1523-р dd. June 9, 2020, outlines a wide range of tasks for the development of scientific, technological, and innovative activities in all fuel and energy industries, including, inter alia, improvement of state support mechanisms, support for the localization of technological industries, and establishment of relevant production and competence centers.
11 In addition, there is a long list of technologies proposed for implementation, including:
12 • smart energy systems;
13 • energy Internet;
14 • intelligent means of equipment diagnostics and monitoring.
15 The electric power industry is traditionally a “pioneer” for many innovative, technological, and digital solutions further used by or adapted to other sectors of the fuel and energy complex.
16 Firstly, this is due to the very technical and technological nature of the electric power industry as the entire generation and supply process of electricity turnover is closely related to technology.
17 Secondly, the electric power industry can already be treated as the most technologically advanced sector of the entire fuel and energy complex; we can recall the changes made to implement smart metering systems in 2017, the provisions on the long-term planning of electric power system development, including the digital images creation, adopted in 2022, etc.
18 The above combination of circumstances turns the electric power industry into one of the most “flexible” industries in terms of technology allowing, among other things, extensive testing of new technologies and digital services, determining the level of their effectiveness, and further propagating them to other related industries.
19 For example, the introduction of smart electricity systems and meters prompted an active discussion of the legislative introduction of similar approaches in the gas industry, water supply and sanitation, and heat supply. [1]
20 At the same time, the fuel and energy complex and, in particular, the electric power industry currently face a number of factors having adverse effects on the pace of development and introduction of innovative solutions in the industry, and hence on the status of its technological sovereignty.
21 2. Impact of Sanctions. In 2022, the Russian economy suffered massive sanctions restrictions that foreign countries started to impose in 2014, which also largely affected the ability to export to the Russian Federation of technological, technical, and digital solutions of all kinds (from household to complex solutions used in specific sectors of the economy).
22 This situation like no other shows the significance of technological sovereignty, especially in such strategically important sector of the economy as the electric power industry.

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