Все
 
 
 


Federal State Energy Supervision in Electric Power Industry: Evolution and Current State of Regulatory Control
 
Код статьиS231243500028024-4-1
DOI10.61525/S231243500027975-0
Тип публикации Статья
Статус публикации Опубликовано
Авторы
Москвин Константин Вадимович  
Должность: Department of Regulatory Support of Legal Administration of Non-Profit Partnership Market Council on the Organization of an Effective System of Wholesale and Retail Trade in Electric Power and Capacity; postgraduate student of Autonomous Non-Commercial Or
Аффилиация:
Non-Profit Partnership Market Council on the Organization of an Effective System of Wholesale and Retail Trade in Electric Power and Capacity
Non-Commercial Organization V.A. Musin Research Center for the Development of Energy Law and Modern Legal Scienc
Адрес: Российская Федерация, Москва
Название журналаПравовой энергетический форум
ВыпускВыпуск № 3
Страницы52-60
Аннотация

Ensuring the reliable and safe operation of the unified energy system of Russia and technologically isolated territorial power systems, the energy security of the industry, as well as the priority of life and health of employees of organizations of the electric power industry when operating electric power facilities and power receivers are among the basic principles of state regulation and control in the electric power industry. Without state energy supervision and development of the necessary regulatory framework, it is impossible to achieve the goals of reliability and safety regulation in the electric power industry, to fully implement the principles of state regulation and control in the electric power industry, as well as the fundamentals of the state sectoral policy. The article examines the process of evolution of statutory regulation of state energy supervision in the electric power industry, highlights the key changes in state supervision after the adoption of normative legal acts as part of the reform of control and supervisory activities, and considers the priority tasks of the development of legal regulation of state energy supervision.

Ключевые словаenergy law, electric power industry, statutory regulation of federal state energy supervision
Получено06.06.2023
Дата публикации12.10.2023
Кол-во символов28512
Цитировать   Скачать pdf Для скачивания PDF необходимо авторизоваться
100 руб.
При оформлении подписки на статью или выпуск пользователь получает возможность скачать PDF, оценить публикацию и связаться с автором. Для оформления подписки требуется авторизация.

Оператором распространения коммерческих препринтов является ООО «Интеграция: ОН»

Оглавление

I. Significance of Federal State Energy Supervision in the Electric Power Industry
II. Establishment of Statutory Regulation of State Energy Supervision
III. Transition to Risk-Oriented State Energy Supervision and Current Tasks of Regulatory Support Development
Conclusions
1

I. Significance of Federal State Energy Supervision in the Electric Power Industry
2 Ensuring the reliable and safe operation of the UES of Russia and technologically isolated territorial power systems, the energy security of the industry, as well as the priority of life and health of employees of organizations of the electric power industry when operating electric power industry facilities and power receivers are among the basic principles of state regulation and control in the electric power industry.
3 According to clause 2 of Article 20 of Federal Law No. 35-FZ on the Electric Power Industry dated March 26, 2003 (hereinafter referred to as the Federal Law On the Electric Power Industry), federal state energy supervision (hereinafter referred to as state energy supervision) is one of the methods of state regulation and control applied in the electric power industry.
4 Along with the adoption of regulatory legal acts establishing requirements for ensuring the reliability of electric power systems, the reliability and safety of electric power facilities and power receivers and ensuring the quality of electric power, and security clearance in the electric power industry, state energy supervision also refers to measures of state regulation of reliability and safety in the electric power industry aimed at ensuring its sustainable, reliable and safe operation and preventing emergencies related to the operation of electric power facilities and power installations of electric power consumers.
5 Historically, state energy supervision has occupied a special place in the system of public supervisory authorities responsible for ensuring energy security not only of the fuel and energy sector, but also of the country as a whole. Consistent work on the development of normative legal acts in the electric power industry has resulted in a well-established system of state supervision over the safety of electric power facilities and power receivers.
6 Nevertheless, the issue of permanent development of regulatory support for state energy supervision has not lost its relevance.
7 One of the main objectives of the Federal Service for Environmental, Technological and Nuclear Supervision (hereinafter referred to as Rostekhnadzor) for the near future is the improvement of activities for the implementation of state control (supervision) functions and the improvement of statutory regulation in the established field of activity, which also includes the implementation of state energy supervision [1].
8 At the present stage of development of the electric power industry, the supervisory authorities are also working to promote good faith compliance with and explanation of mandatory requirements, to create a common understanding of mandatory requirements, to eliminate conditions, causes and factors that can lead to violations of mandatory requirements and (or) harm (damage) to legally protected values [2].
9 It should be noted that without an effective system of state energy supervision and continuous development of the necessary regulatory framework, it is impossible to achieve the goals of reliability and safety regulation in the electric power industry, to fully implement the principles of state regulation and control in the electric power industry, as well as the fundamentals of the state sectoral policy. The need for a developed system of state energy supervision became particularly acute at the time of reforming UES of Russia RJSC and establishing separate organizations for electric power generation, transmission, and sale [3].
10 Thus, the relevance of the research topic is determined by the importance of quality regulation of state energy supervision in the electric power industry.
11 Issues of legal support of state energy supervision are not sufficiently considered in science. The last thesis research on the legal regulation of supervisory activities in ensuring the safety of the electric power industry was conducted 10 years ago [4]. Since then, the problems of statutory regulation of state energy supervision have been dealt with in a fragmentary manner in scientific publications. However, due to the reform of control and supervisory activities, they require reconsideration [5]. At the same time, the development of legal regulation in the energy sector, including state regulation and control, is becoming more and more relevant for energy law, as rightly noted in modern scientific literature [6].
12 The purpose of this study is to consider the evolution of the process of statutory regulation of state energy supervision in the electric power industry from the post-Soviet period to the introduction and implementation of the risk-based approach, as well as to highlight the main changes in state supervision after the adoption of regulatory legal acts as part of the reform of control and supervisory activities, to review the priority tasks of the development of legal support for the implementation of state energy supervision in the electric power industry.
13

II. Establishment of Statutory Regulation of State Energy Supervision

всего просмотров: 120

Оценка читателей: голосов 0 

1. Public Declaration of 2023 Goals and Objectives of the Federal Service for Environmental, Technological and Nuclear Supervision approved on March 31, 2023 by the Head of the Federal Service for Environmental, Technological, and Nuclear Supervision // URL: https://www.gosnadzor.ru/. 
2. 2023 Program of Prevention of Risks of Harm (Damage) to Legally Protected Values During Federal State Energy Supervision in the Electric Power Industry (approved by Order of Rostekhnadzor No. 471 of December 27, 2022) URL: https://www.gosnadzor.ru/?ysclid=lifujn8bo4322153177. 
3. 2004 Report on the Activities of the Federal Service for Environmental, Technological, and Nuclear Supervision // URL: https://www.gosnadzor.ru/. 
4. Leukhina E.E. Legal Regulation of Supervisory Activities in Ensuring Safety in the Electric Power Industry / thesis of PhD (Law) / Chelyabinsk. 2014.
5. Romanova V.V. Energy Law and Order: The Current State and Problematic Aspects // Russian Justice. 2015. No. 5. P. 12–15. Kulakov, A. Analysis of Judicial Practice in Disputes Between Business Entities and State Energy Supervision Bodies // Administrative Law. 2014. No. 3. P. 11–16. Ustinov A.A., Aleksandrova E.R. The Legal Framework of Implementation of State Control (Supervision) in Heat Supply // Energy Law Forum. 2015. No. 1. P. 27–32. Romanova V.V. Trends in the Development of Energy Law at the National Level // Legal World. 2016. No. 8. P. 57–62.
6. Actual Tasks of Energy Law: A Monograph / Edited by Dr. of Law, Prof. V.V. Romanova. Moscow: Integratsiya: Obrazovaniye i Nauka LLC, 2022. P. 41.
7. Resolution of the Government of the Russian Federation No. 560 On Reorganization of the State Energy Supervision Bodies in the Russian Federation of May 8, 1996 // Collection of Laws of the Russian Federation. 1996, No. 20, Art. 2352.
8. Law of the RSFSR No. 948-1 On Competition and Restriction of Monopolistic Activities in Commodity Markets of March 22, 1991 // Gazette of the Congress of Peoples’ Deputies and the Supreme Soviet of the RSFSR, April 18, 1991, No. 16, Art. 499.
9. Resolution of the Government of the Russian Federation No. 938 On State Energy Supervision in the Russian Federation of August 12, 1998 // Rossiyskaya Gazeta, No. 164, August 12, 1998.
10. Resolution of the Government of the Russian Federation No. 401 On the Federal Service for Environmental, Technological, and Nuclear Supervision of July 30, 2004 (as amended on December 6, 2021) // Collection of Laws of the Russian Federation. 2004, No. 32, Art. 3348.
11. 2005 Annual Report on the Activities of the Federal Service for Environmental, Technological, and Nuclear Supervision // URL: https://www.gosnadzor.ru/activity/control/folder/doclad_2005pdf.pdf. 
12. 2007 Annual Report on the Activities of the Federal Service for Environmental, Technological, and Nuclear Supervision // URL: https://www.gosnadzor.ru/. 
13. 2008 Annual Report on the Activities of the Federal Service for Environmental, Technological, and Nuclear Supervision //URL: https://www.gosnadzor.ru/. 
14. 2011 Annual Report on the Activities of the Federal Service for Environmental, Technological, and Nuclear Supervision //URL: https://www.gosnadzor.ru/. 
15. Resolution of the Government of the Russian Federation No. 610 On Federal State Energy Supervision of July 20, 2013 (as amended of June 30, 2021) // Collection of Laws of the Russian Federation. 2013, No. 30 (Part II), Art. 4119.
16. Federal Law No. 196-FZ On Amendments to the Federal Law On the Electric Power Industry in Terms of Improving the Requirements for Ensuring the Reliability and Safety of Electric Power Systems and Electric Power Facilities of June 23, 2016 // Collection of Laws of the Russian Federation. 2016, No. 26, Art. 3865.
17. Resolution of the Government of the Russian Federation No. 701 On Amendments to the Regulations On Federal State Energy Supervision of July 20, 2016 // Collection of Laws of the Russian Federation. 2016, No. 31, Art. 5019.
18. Main Areas of Activities of the Government of the Russian Federation up to 2024 No. 8028p-P13 of September 29, 2018 Approved by Chairman of the Government of the Russian Federation D. Medvedev http://ar.gov66.ru/wp-content/uploads/files/____2024_.pdf. 
19. 2023 Work Plan of Section No. 7 “Improvement of State Energy Supervision” of the Scientific and Technical Council of Rostekhnadzor // URL: https://www.gosnadzor.ru/.

Система Orphus

Загрузка...
Вверх