Все
 
 
 


Legal Regulation of Oil and Petroleum Products Export from the Russian Federation under Intergovernmental Agreements with the EAEU Member States
 
Код статьиS231243500028027-7-1
DOI10.61525/S231243500027977-2
Тип публикации Статья
Статус публикации Опубликовано
Авторы
Наконечный Лев Александрович 
Должность: Head of Legal Support for Customs and Tariff Regulation Gazpromneft Expert Solutions, LLC
Аффилиация: Gazpromneft Expert Solutions, LLC
Адрес: Российская Федерация, Санкт-Петербург
Название журналаПравовой энергетический форум
ВыпускВыпуск № 3
Страницы78-89
Аннотация

The article examines in detail the agreements between the Government of the Russian Federation and the other EAEU member states on cooperation in the supply of crude oil and petroleum products. The author reviews different ways of regulating supplies of these goods and current problems of implementing the agreements in practice, as well as disagreements between customs authorities and customs applicants. Based on the analysis of the relevant problems, the author proposes adjustments and updates to the legal regulation of supplies of crude oil and petroleum products to the other EAEU member states. In the author’s opinion, the procedure for official publication of indicative balances and protocols in the Russian Federation (or information on the scope of export of goods stipulated in these documents) should be regulated. Moreover, in order to allow participants of foreign economic activity to plan their economic activities in advance, it is necessary to provide for real-time publication of information on the current state of the possible scope of export of crude oil and petroleum products specified in indicative balances and protocols.

Ключевые словаenergy law, export of energy resources, export of crude oil and petroleum products, EAEU, customs declaration, intergovernmental agreements
Получено15.05.2023
Дата публикации12.10.2023
Кол-во символов42412
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»
1 So far, there is a trend of intensifying legal research in various areas of energy law. Attention should be paid to monographs, educational publications, and doctoral theses. [1] In addition, special features of legal regime of energy resources, including energy resources as objects of foreign trade, are considered. [2] Meanwhile, many issues, such as the international legal regulation of relations on the export of crude oil and oil products, deserve further research for strengthening international energy law order. In the Eurasian Economic Union, in accordance with Article 79 of the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter referred to as the EAEU Treaty), the main types of energy resources include electricity, gas, crude oil and petroleum products, for which the member states are gradually building common markets of energy resources.
2 One of the objectives defined in Article 1 of the EAEU Treaty is to ensure free movement of goods, which is also reflected in the term “common (single) market”, which means a range of economic relations within the Union, in which free movement of goods, services, capital, and labor is ensured.
3 The provisions of clause 3 of Article 28 of the EAEU Treaty stipulate that “within the functioning of the internal market in mutual trade of goods the member state shall not apply customs duties (other duties, taxes and charges having equivalent power), non-tariff measures, special protective, antidumping and countervailing measures, except otherwise provided in the EAEU Treaty”.
4 As regards crude oil and petroleum products produced from it, the common markets are currently being formed in stages, taking into account the provisions of the Protocol on the Procedures, Management, Operation and Development of Common Markets for Oil and Petroleum Products, which is Annex No. 23 to the EAEU Treaty.
5 Thus, the Protocol stipulates, inter alia, that bilateral agreements concluded between member states in the field of crude oil and petroleum products supply, assessment and procedure for the payment of export customs duties (other duties, taxes and charges having equivalent effect) shall be valid until the entry into legal force of an international agreement for the formation of common markets of crude oil and petroleum products of the Union (Article 12 of the Protocol).
6 The importance of these goods in mutual trade and their influence on the development of national economies determines the answer to the question about the complexity of the formation of common markets for crude oil and petroleum products.
7 According to the 2016 Report of the Eurasian Economic Commission Barriers, Exemptions and Restrictions of the Eurasian Economic Union, [3] the importance of the energy sector for the EAEU member states’ income and the sensitivity of the economy to energy resources supply, the dynamics of energy prices lead to a large number of exemptions in nascent common market formation.
8 As a result, according to the above Protocol, there are currently the following concluded bilateral intergovernmental agreements in crude oil and petroleum products supply (hereinafter referred to as the Agreements):
9 • The Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on Trade and Economic Cooperation in the Field of Crude Oil and Petroleum Products Supply to the Republic of Kazakhstan of December 9, 2010. [4]
10 • The Agreement between the Government of the Russian Federation and the Government of the Republic of Belarus on Measures to Regulate Trade and Economic Cooperation in Exports of Crude Oil and Petroleum Products of January 12, 2007. [5]
11 • The Agreement between the Government of the Russian Federation and the Government of the Republic of Armenia on Cooperation in the Field of Supply of Natural Gas, Oil Products and Rough Natural Diamonds to the Republic of Armenia of December 2, 2013. [6]
12 • The Agreement between the Government of the Russian Federation and the Government of the Kyrgyz Republic on Cooperation in the Field of Supply of Crude Oil and Petroleum Products of June 6, 2016. [7]
13 The above Agreements provide for two main ways of regulating the supply of crude oil and petroleum products.
14 The first way is to approve indicative balances and protocols, which determine the scope and nomenclature of domestic consumption of crude oil and petroleum products by another EAEU member state and the scope of mutual supplies of these goods (or only crude oil and petroleum products supplies from the Russian Federation to the EAEU member states).
15 Thus, while the intergovernmental agreements of the Russian Federation with the Kyrgyz Republic and the Republic of Armenia stipulate that the Agreements determine the terms and conditions of supplies from the Russian Federation to these countries, the agreement with the Republic of Kazakhstan stipulates that the subject matter is the scope of mutual supplies of crude oil and petroleum products. Despite the fact that the Agreement between the Russian Federation and the Republic of Belarus does not directly specify the manner in which the supply of crude oil and petroleum products is regulated, it is possible to draw a conclusion about it on the basis of the legal consequences of preparing indicative balances and protocols, i.e., the prohibition to export crude oil and petroleum products from the Russian Federation to the Republic of Belarus except for the scope specified in the indicative balances and protocols, which is directly stipulated in Article 1.1 of the Agreement.

всего просмотров: 92

Оценка читателей: голосов 0 

1. Current Tasks of Energy Law. Monograph edited by Doctor of Law V.V. Romanova. Moscow : Integratsiya: Obrazovaniye i Nauka, LLC. 2022. P. 10–44; Romanova V.V. Energy Law Order: Current State and Tasks. Moscow : Yurist Publishing House. 2016; Tubdenov V.G. Legal Status of Extractive Energy Companies of the Oil and Gas Sector. Thesis of .... PhD (Law). Moscow, 2018, Akimov N.A. Legal Regulation for Corporate Governance in Companies Partially Owned by the State in the Energy Sector. Thesis of.... PhD (Law). Moscow. 2020; Energy Markets: Problems and Tasks of Legal Regulation. Monograph edited by Doctor of Law V.V. Romanova; Moscow. Yurist Publishing House. 2018.
2. Romanova V.V. Energy Law. Textbook for Training Highly Qualified Specialists. Moscow: Yurist Publishing Group. 2021. P. 60–86.
3. https://barriers.eaeunion.org/en-us/Documents/a2.pdf 
4. The Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on Trade and Economic Cooperation in the Field of Crude Oil and Petroleum Products Supply to the Republic of Kazakhstan // Official Internet Portal of Legal Information http://www.pravo.gov.ru,  October 10, 2013.
5. The Agreement between the Government of the Russian Federation and the Government of the Republic of Belarus on Measures to Regulate Trade and Economic Cooperation in Exports of Crude Oil and Petroleum Products // Bulletin of International Treaties. No. 6, June, 2007.
6. The Agreement between the Government of the Russian Federation and the Government of the Republic of Armenia on Cooperation in the Field of Supply of Natural Gas, Oil Products and Rough Natural Diamonds to the Republic of Armenia // Official Internet Portal of Legal Information http://www.pravo.gov.ru,  December 23, 2013.
7. The Agreement between the Government of the Russian Federation and the Government of the Kyrgyz Republic on Cooperation in the Field of Supply of Crude Oil and Petroleum Products // Official Internet Portal of Legal Information http://www.pravo.gov.ru,  March 1, 2017.
8. Ruling No. 5 of the Plenum of the Supreme Court of the Russian Federation on the Application of Generally Recognized Principles and Rules of International Law and International Treaties of the Russian Federation by the Courts of General Jurisdiction of October 10, 2003 (as amended on March 5, 2013) // Rossiyskaya Gazeta, No. 244, December 2, 2003.
9. Ruling No. 8 of the Plenum of the Supreme Commercial Court of the Russian Federation on the Validity of International Treaties of the Russian Federation in Relation to Arbitration Proceedings of June 11, 1999 (as amended on June 27, 2017) // Bulletin of the Supreme Commercial Court of the Russian Federation, No. 8, 1999.
10. Ruling No. 16-П of the Constitutional Court of the Russian Federation on the Case of Verification of the Constitutionality of Article 11.1 of the Law of the Russian Federation on the State Border of the Russian Federation of April 1, 1993, as amended on July 19, 1997, dated November 11, 1997 // Corpus of Legislative Acts of the Russian Federation.1997, No. 46, Art. 5339.
11. Ruling No. 17-П of the Constitutional Court of the Russian Federation of July 2, 2013; Appellate Decision No. 5-АПА19-12 of the Judicial Board for Administrative Cases of the Supreme Court of the Russian Federation of March 6, 2019 //
12. Ruling No. Ф05-20979/2021 of the Moscow District Commercial Court of September 8, 2021, in case No. А40-209887/2020; Ruling No. Ф07-23536/2022 of the North-West District Commercial Court of February 7, 2023, in case No. А56-22966/2021 //
13. Report of the Ministry of Energy of Russia on the Scope of Duty-Free Supplies of Energy Resources from the Russian Federation Agreed in the Indicative Balances and Protocols with the Republics for 2021. // URL: https://minenergo.gov.ru/node/19711. 
14. Report of the Ministry of Energy of Russia on the Scope of Duty-Free Supplies of Energy Resources from the Russian Federation Agreed in the Indicative Balances and Protocols with the Republics for 2022. // URL: https://minenergo.gov.ru/node/22312. 
15. Information on Declared Scope of Duty-Free Supplies of Energy Resources under the Indicative Balances and Protocols for 2022 in Accordance with the Intergovernmental Agreements // URL: https://customs.gov.ru/statistic/Informaciya_o_zadeklarirovannyh_obemah_besposhlinnyh_postavok_energonositeley__v_ramkah_indikativnyh_balansov_i_protokolov/document/328622. 
16. https://ras.arbitr.ru/ 
17. Chemical Encyclopedia / edited by I.L. Knunyants. Moscow : Soviet Encyclopedia, 1988, Vol. 1, p. 1211.
18. Explanatory Notes to the Unified Commodity Nomenclature of Foreign Economic Activities of the Eurasian Economic Union (EAEU CN of FEA) (as amended on October 6, 2020) (Volume VI. Sections I–XXI. Groups 01–97) // Official Website of the Eurasian Economic Union http://www.eaeunion.org/. 
19. https://minenergo.gov.ru/node/23792 
20. https://minenergo.gov.ru/node/14222 
21. https://www.alta.ru/tamdoc/19a29226/

Система Orphus

Загрузка...
Вверх