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Imposition of Administrative Sanctions for Negligent Damage to Heat Networks and Fuel Lines (Gas Pipelines): Issues of Qualification and Subjects of Jurisdiction
 
PIIS231243500026211-0-1
DOI10.18254/S231243500026186-2
Publication type Article
Status Published
Authors
Maria M. Ismagilova 
Affiliation: Gazprom Transgaz Chaykovsky, LLC
Address: Russian Federation, Chaykovsky
Journal nameEnergy law forum
EditionIssue 2
Pages97-104
Abstract

Security of the state associated with safe operation of fuel pipelines, oil pipelines, petroleum product pipelines, gas pipelines and guarantees of protection of health, protection of the environment, protection of lawful economic interests of individuals and legal entities, the society and the state depends on actions of officials in charge of bringing to the administrative liability for illegal actions related to damaging of heat networks, fuel pipelines (gas pipelines). The article reviews features of qualification of an administrative offense for negligent damaging of heat networks, fuel pipelines (gas pipelines). The study points out that the administrative offense laws need to be amended by exclusion of powers of police officers to make protocols under the reviewed article and leaving such powers exclusively in the jurisdiction of employees of the federal executive authority that performs the federal state supervision in the industrial safety sphere provided that such employees have the right to review an administrative offense case under Article 9.10 of the Administrative Offense Code of the Russian Federation, which is confirmed by the judicial practice and their qualification.

Keywordsenergy law, public law relations, administrative liability, administrative offense, heat networks, fuel pipelines, gas pipelines
Received17.02.2023
Publication date27.06.2023
Number of characters22392
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1 Issues of safe operation of heat networks, fuel pipelines (pneumatic pipelines, oil pipelines, petroleum product pipelines, gas pipelines) and guarantees of safety of life and health of the population, property, etc. are brought to the forefront in the reviewed legal relations [1].
2 Safety of heat networks, fuel pipelines is of great significance under the conditions of martial law [2].
3 Besides, Decree of the President of the Russian Federation No. 1173 of November 23, 1995 On Measures of Supporting Stable Functioning of Facilities Ensuring Security of the State notes that for the purposes of stable functioning of such facilities, avoidance of situations posing a threat to fulfillment of imposed tasks, any restriction or termination of provision of fuel and energy resources (electric and heat energy, gas and water), provision of communications and utility services to military units, institutions, enterprises and organizations of federal executive authorities stipulating military service are considered actions violating security of the state; moreover, the Government of the Russian Federation was instructed to take urgent measures to avoid any restriction or termination of provision of fuel and energy resources (electric and heat energy, gas and water), provision of communications and utility services to military units, institutions, enterprises and organizations of federal executive authorities and federal government authorities stipulating military service.
4 It is worth mentioning that the reviewed administrative offense elements are relevant for the modern laws and serve as a guarantor of protection of interests of the society, safety of property of energy facilities; these circumstances confirm the inclusion of Article 18.11. Negligent Damaging of Heat Networks, Fuel Pipelines in the draft Administrative Offense Code of the Russian Federation prepared by the Ministry of Justice of Russia (project ID 02/04/05-20/00102447, not submitted to the State Duma of the Federal Assembly of the Russian Federation, text as of May 29, 2020).
5 An administrative offense committed under Article 9.10 of the Administrative Offense Code of the Russian Federation causes public danger and damage to property in the form of losses.
6 In accordance with Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may request full compensation of incurred losses unless the law or the agreement stipulate compensation of losses in a smaller amount. Losses are understood as expenses incurred or need to be incurred by the person whose right has been violated to recover the violated right, property loss or damage (actual damage) and lost earnings such person would have received under normal conditions of civil transactions had the right not been violated (lost profits). If the person violating the right generated any income as a result, the person whose right is violated may request compensation of lost profits at least in the amount of such income, along with other losses.
7 Let us review the following court cases as examples.
8 Thus, on December 18, 2019, about 11.15 a.m., the defendant was performing earthworks in the protected gas pipeline zone located at , the excavator bucket damaged the subsurface polyethylene high-pressure gas pipeline (WP = 0.6 MPa, DN = 63 mm) resulting in accidental natural gas release into the atmosphere. The works in the protected zone were performed based on the agreement of August 27, 2019, between the defendant and Gorelektroset, JSC, on construction of a cable line from distribution transformer substation 101 located at: to the input switching device located at: .
9 The claimant was forced to carry out an investigation and incur financial expenses (losses) to eliminate accident consequences as the owner of the damaged subsurface polyethylene high-pressure gas pipeline (WP = 0.6 MPa, DN = 63 mm), which is confirmed by the case files.
10 Following the results of the investigation, on February 10, 2020, there was made a certificate of technical investigation of reasons for an incident at a hazardous industrial facility that took place on December 18, 2019.
11 The defendant was acknowledged guilty of an administrative offense stipulated by Article 9.10 of the Administrative Offense Code of the Russian Federation by Resolution on Imposition of Administrative Punishment No. 20/21-2020 of March 31, 2020, made by the state inspector of the Federal Environmental, Industrial and Nuclear Supervision Service of Russia.
12 As a result of the performed actions, the damage compensation amounted to RUB 250,608.03.
13 In a different case, the courts found that on May 24, 2019, at 12 p.m., there was received emergency request No. 00638 from excavator-loader operator of the Institution S.V. Nadymov about the smell of gas in the Proletarsky alley, near building No. 11 in Kudymkar.
14 The claimant's emergency response team that arrived at the site found a disruption of the smooth and safe operation of a gas supply system facility (damaged gas pipeline) as a result of defendant's actions that performed earthworks in the protected zone, the emergency response team localized and remedied the accident. In particular, the damaged section of the gas distribution pipeline was disconnected by closing gas shut-off No. 157 DU-100, gas release from the damaged gas distribution pipeline resulting in termination of gas supply to 74 private houses.

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1. An Article-by-Article Commentary on the Administrative Offense Code of the Russian Federation / D.S. Velieva, A.S. Ermakova, Yu.V. Kapitanets et al. ; edited by E.G. Lipatov, S.E. Channov. Moscow : GrossMedia, ROSBUKH, 2008. 912 p. Accessed from the ConsultantPlus system.
2. Kuzmin V.A. A Commentary on Federal Constitutional Law No. 1-FKZ of January 30, 2002 On Martial Law (Article-by-Article) // ConsultantPlus reference legal system. 2010. Accessed from the ConsultantPlus system.
3. Judgment of the Commercial Court of the Kirov Region. Case No. А28-1224/2021. Kirov. April 25, 2022 // https://sudact.ru/arbitral/doc/5nkbPjXIoe1R/АРБИТРАЖНЫЙ  СУД КИРОВСКОЙ ОБЛАСТИ.
4. Kulakov A. An Analysis of the Judicial Practice in Disputes between Business Entities and State Energy Supervision Authorities // Administrative Law. 2014. No. 3. P. 11–16.
5. Rossinsky B.V. Administrative Liability : course of lectures. Moscow : Norm, 2004. 448 p.
6. Administrative Law of the Russian Federation : textbook (2nd edition, revised and enlarged) (Popov L.L., Migachev Yu.I.) (publishing editor L.L. Popov) (RG-Press, 2019). Chapter 15. Accessed from the ConsultantPlus system.
7. Rossinsky B.V. Administrative Liability : course of lectures. Moscow : Norm, 2004. 448 p.
8. Administrative Offense Code of the Russian Federation. Chapters 1–10. An Article-by-Article Scientific and Practical Commentary / R.Ch. Bondarchuk, A.B. Verzhbitsky, V.A. Vinogradov et al. ; under the general editorship of B.V. Rossinsky. Moscow : Library of Russian Newspaper, 2014. Issue VII–VIII. 800 p. Accessed from the ConsultantPlus system.
9. Ruling of the Eighth Arbitration Court of Appeal No. 08АП-8674/2014 of September 23, 2014. Accessed from the ConsultantPlus system.
10. Large scale means that the property cost exceeds two hundred fifty thousand rubles, and especially large scale means one million rubles and more. See Clause 4 of the notes to Article 158 of the Criminal Code of the Russian Federation.
11. Morozova N.A. Intent and Negligence as Forms of Guilt of Legal Entities Committing an Administrative Offense // Arbitration and Civil Procedure. 2017. No. 11. P. 3–8.
12. Agapov A.B. An Article-by-Article Commentary on the Administrative Offense Code of the Russian Federation. Enlarged, with judicial practice files : In 2 books. 2nd edition, revised and enlarged. Moscow : Statute, 2004. Book 1. 829 p. Book 2. 876 p. Accessed from the ConsultantPlus system.
13. Zvonenko D.P., Malumov A.Yu., Malumov G.Yu. Administrative Law : textbook. Moscow : Justice Inform, 2007. 416 p. Accessed from the ConsultantPlus system.
14. See, e.g.: Ruling of the Supreme Court of the Russian Federation No. 309-ЭС22-5463 of May 11, 2022 in case No. А50П-787/2019; Judgment of the Commercial Court of the Kirov Region. Case No. А28-1224/2021. Kirov. April 25, 2022. Ibid.
15. Kulakov A. An Analysis of the Judicial Practice in Disputes between Business Entities and State Energy Supervision Authorities // Administrative Law. 2014. No. 3. P. 11–16.
16. The Prosecutor's Office Has Brought to Liability the Person Guilty of Damaging the Gas Pipeline in the Anivsky District. https://astv.ru/news/society/2023-03-10-prokuratura-privlekla-k-otvetstvennosti-vinovnika-v-povrezhdenii-gazoprovoda-v-anivskom-rajone. 
17. A Citizen of Irkutsk Has Been Fined for Damaging a Gas Pipeline. https://ulanude.bezformata.com/listnews/irkutyanina-oshtrafovali-za-povrezhdenie/94789581/. 
18. Persons Guilty of Damaging the Gas Pipeline in Karabash Will Be Brought to Liability. https://kr74-online.ru/25037-vinovnikov-povrezhdeniya-gazoprovoda-v-karabashe-privlekut-k-otvetstvennosti.

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