Improvement Of Energy Laws In The Post-Sanctions Era: Future Considerations

 
Код статьиS231243500023568-2-1
DOI10.18254/S231243500023567-1
Тип публикации Статья
Статус публикации Опубликовано
Авторы
Аффилиация: Институт государства и права РАН
Адрес: Российская Федерация, Москва
Название журналаПравовой энергетический форум
ВыпускВыпуск №4
Страницы8-14
Аннотация

Being sure that sanctions turbulence in economic and, first of all, energy relations, both on the international and Russia scale, will not last for decades, the author reviews the problems of energy law, which will remain in the post-sanctions era. At the same time, a number of basic provisions in the energy sector will remain unchanged, but the changes, in general, will be drastic, as the world order will change. According to the author, we need to be ready to address the problems of improving energy law and legislation of the post-sanctions era, which will require appropriate scientific support, first of all, the efforts of scholars capable of solving fundamental problems, whom we need to train today. The author believes that these steps shall be part of a federal target comprehensive program that we need to start developing.

Ключевые словаenergy law, sanctions turbulence, post-sanctions relations, scientific personnel training, target program
Получено23.12.2022
Дата публикации27.12.2022
Кол-во символов19787
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1 The energy sector of the economy has recently experienced numerous multidirectional, profound, and extensive changes not only in our country but all over the world. In fact, this is geopolitical turbulence, which, of course, also affected legislative and other statutory regulation at the national level, in foreign countries, and at the international level.
2 It is difficult to predict how long this turbulence will last, especially for the author of this article, who is a judge with many years of judicial experience (because this is mostly about politics, and judges, as we know, try to stay away from politics), but it is obvious that this period is unlikely to last for decades. We “survived” all kinds of foreign sanctions and pressure on our country, primarily. in the economic, and what is more important, energy sector, right after the Civil War, after the Great Patriotic War, and during the Cold War. The reasons for the sanctions were clearly fabricated: for example, in November 1962 the U.S. imposed an embargo on the supply of large-diameter pipes to the USSR (which was acceded by Germany and France) for the reason of a “military threat” from Moscow in the form of rapid oil and gas supplies to Western Europe; in June 1982 the U.S. imposed an embargo on supplies of not only US companies’ products, but also equipment manufactured abroad under the US licenses to the USSR, and the occasion was the construction of the Urengoy-Pomary-Uzhgorod gas pipeline, etc. These circumstances did not hinder the steady development of our economy, especially in the 21st century, which was greatly facilitated by the powerful energy sector of our economy.
3 Presently, as of August 17, 2022, there are 11,812 anti-Russian sanctions in total, of which 9,117 sanctions were introduced after February 24 (for comparison, as of August 17, 2022, there are 9,167 sanctions against Iran, 2,665 sanctions against Syria, 2,697 sanctions against North Korea, and 1,113 sanctions against Belarus).
4 At the same time, it is obvious that the world economy and the world, in general, will no longer be the same once the said turbulence ends. It is not only about international trade and other economic relations. It seems that the entire multi-layered complex of international and interstate relations will be different, restructured, and based on different worldview principles of international law. But this is a geopolitical point of view. However, we will preserve hydrocarbon reserves (and this is our timeless wealth stored in the most secure natural bank, which belonged to our ancestors, belongs to our generation, and will belong or already belongs to our descendants; this is our global advantage, which, unfortunately, we do not use properly; instead of exporting hydrocarbons, it is better to export petrochemicals subjected to a number of technological processing operations), energy sector facilities of the national economy, highly qualified energy specialists, etc. The problem of green energy will also remain and will directly affect the green economy, and, primarily, not in our country but in leading Western countries.
5 The problems of environmental safety in the energy sector, the problems of energy consumption alignment throughout our country, the problems of minimizing energy costs in various industries, etc. will remain significant to a greater or lesser extent.
6 In terms of science, in the field of fundamental science, researches aimed at discovering new physical laws and new types of energy (quantum, chrono...) (by the way, a prototype nuclear fusion reactor has been launched in China recently) will remain relevant. Finding an answer to the central question: who owns the undiscovered (geologically) reserves of raw hydrocarbons and other strategic values in the Earth’s subsoil (here we should document the answer to this question in the Constitution of the Russian Federation, which is currently not present in the Constitution of the Russian Federation) will still be an important problem of fundamental legal science in energy relations.
7 Unfortunately, if no decisive steps are taken, national troubles will also remain: underfunding of fundamental science, inconsistency of scientific research management, brain drain (both to non-scientific national sectors and other countries), imitation of vigorous scientific activity without real results, while the achieved results cannot be properly applied in the real-world economy sector, public sphere, etc.
8 At the same time, Deputy Prime Minister D. Chernyshenko’s words at the plenary session “What Needs to be Done to Achieve the Technological Sovereignty of Russia” of the 9th Technoprom International Forum of Technological Development in August 2022 make me hopeful. He said, “We will also have a new institution: by December deputies for scientific and technological development will be appointed in federal ministries and departments... Sectoral centers of competence will be created under ministries and will be supervised by the deputies...” (Search, August 26, 2022, No. 34-35).

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