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Legal Regulation of the Further Development of Procurement Digitalization in the Energy Sector
 
PIIS231243500023570-5-1
DOI10.18254/S231243500023569-3
Publication type Article
Status Published
Authors
Snezhana M. Saushkina 
Affiliation: Gazprom PJSC
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 4
Pages24-29
Abstract

Large energy companies are also actively introducing new digital technologies in their companies’ activities, which facilitates rapid information exchange, document review, and approval not only within a company but also between a holding’s branches and subsidiaries. The process of digital transformation is very complicated and time-consuming; in fact, this process involves the reorganization of the company’s business model. Procurement digitalization helps to improve the quality of process management and the transparency of decision-making when determining the competitive procurement winner, to adjust the company’s budget, and to facilitate planning processes. The article analyzes the current state of legal regulation of procurement digitalization in companies of the fuel and energy complex, identifies problems and gaps in legal regulation, and formulates proposals on how to develop legal regulation of procurement in the energy sector.

Keywordsenergy law, contractual regulation, legal regulation of procurement activities in companies of the fuel and energy complex
Received23.12.2022
Publication date27.12.2022
Number of characters18090
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1 The global pandemic has shown the significance of digitalization for modern society nowadays. It not only minimizes risks in the current epidemiological situation but also speeds up many processes by making them more transparent and allows handling only those processes “manually” that require intellectual control.
2 The Strategy for the Development of the Information Society in the Russian Federation for 2017 – 2030 (hereinafter referred to as the Strategy) was approved by Order of the President of the Russian Federation No. 203 dd. May 9, 2017 [1].
3 This Strategy stipulates that digitalization should gradually become a part of the everyday life of Russians and facilitate a gradual transition to digital technology that will solve a number of production problems. It helps to accumulate a large amount of data necessary to optimize and improve processes and forecast future situations. For example, in 2016, more than 80 million people became users of the Russian segment of the Internet. Mobile technologies, numerous communication networks, and wireless technologies are becoming more widespread throughout Russia.
4 The system for rendering state and municipal services electronically has been created, making it possible to send citizens’ requests to central and local authorities in an electronic form.
5 Such trends require changes in the current laws, new laws adoption, and new technologies implementation. At the same time, we cannot rule out the existing procedures completely. This concerns, first of all, the older generation, who will not be able to master new technologies. Therefore, the legislator needs to make provisions for equal legal force for all procedures and allow citizens to exercise their rights the way they like.
6 In this respect, new terms have been introduced into the Civil Code of the Russian Federation. For example, Article 141.1 of the Civil Code of the Russian Federation defines “digital rights”: “Digital rights are the rights of obligation and other rights so referred in the law, the content and terms and conditions of exercising whereof are determined in compliance with the rules of an information system meeting the criteria established by law. The exercise, disposal, including transfer, pledge, encumbrance of a digital right in any other way or the limitation of disposal of a digital right is only possible in the information system without addressing a third party.”
7 It should be noted that additions and amendments to legal acts already in force were made in various branches of law obliging to apply the procedure for interaction between parties to legal relations using the Internet and the automation of existing processes.
8 As an example, we can mention the following provisions:
9 - Art. 3.1 of Federal Law No. 218-ФЗ on State Registration of Real Estate dd. July 13, 2015, requires that organizations engaged in cadastral registration and the registration of titles convert documents contained in register files and stored (previously) in hard copy into electronic images of such documents as well as develop and introduce electronic services needed to provide the services of state cadastral registration, state registration of titles, and provision of information contained in the Unified State Register of Real Estate (including a property owner’s personal account);
10 - Art. 4 of Federal Law No. 129-ФЗ on State Registration of Legal Entities and Individual Entrepreneurs dd. August 8, 2001, requires that state registers be kept on electronic media and the compatibility and interaction of state registers with other federal information systems and networks be ensured;
11 - Art. 4 of Federal Law No. 44-ФЗ on the Contract System of the Federal and Municipal Procurement of Goods, Works, and Services dd. April 5, 2013, requires that a unified information system be created to post all procurement information using electronic means.
12 Thus, the legislator ensures the implementation of the Strategy in terms of data processing technologies, which helps to reduce expenses on the production of goods and the provision of services.
13 Large energy companies are also actively introducing new digital technologies in their companies’ activities, which facilitates rapid information exchange, document review, and approval not only within a company but also between a holding’s branches and subsidiaries.
14 The process of digital transformation is very complicated and time-consuming; in fact, this process involves the reorganization of the company’s business model.
15 All of the activities are aimed at data integration, information protection, labor quality, the implementation of digital solutions and corporate software or the development of the digital infrastructure, and organizational changes (including the development of staff and company competencies).
16 Legal regulation of digitalization in the fuel and energy sector more and more often becomes the subject of legal research.[2]
17 Let’s consider digital transformation as part of the Strategy as exemplified by the organization of procurement activities in Gazprom, PJSC.

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1. Order of the President of the Russian Federation No. 203 dd. May 9, 2017, approved the Strategy for the Development of the Information Society in the Russian Federation for 2017 – 2030 // Official Internet Portal of Legal Information http://www.pravo.gov.ru,  May 10, 2017
2. Romanova, V.V. Modern Tasks of Development of Legal Regulation of Energy Security as a Necessary Condition for the Implementation of the National Technological Initiative // Energy Law Forum. 2018. No. 2. P. 17-22; Koropets, N.V. Legal Regulation of Digitalization on the Wholesale Electricity and Capacity Market // Energy Law Forum. 2020. No. 4. P. 48-52; Gusyakov, V.Yu. Problems and Tasks of Legal Regulation of Oil Industry Digitalization // Energy Law Forum. 2021. No. 3. P. 13-21.
3. https://zakupki.gazprom.ru/ 
4. https://ruscifra.ru/sankcii/ 
5. https://home.treasury.gov/policy-issues/financial-sanctions/faqs/401 
6. https://ruscifra.ru/

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