Lisitsin-Svetlanov Andrey G. Doctor of Law, Professor Member of the Russian Academy of Sciences

The market relations based on competition laws established during the last quarter of the century and the accumulated experience inevitably require the elaboration of new development plans and the adjustment of the existing legal regulation. The introduction of some exceptions in the laws stipulates specific further “recalibration” of the basic as well as special regulation. The Energy Strategy of Russia until 2035 defining the aims, priorities and areas of the development of the power industry of the Russian Federation emphasizes the need for a structural diversification within which the significance of liquefied natural gas will be raised, the carbon-based power industry will be supplemented with the non-carbon-based one, the decentralized power supply will be added to the centralized one. The discussed plans of the competition development in Russia are still not widespread beyond the Strategy. The review of the list of natural monopolies in the power industry makes it obvious that their current essential reformation aiming at demonopolization is highly improbable due to their technical and economic characteristics. Thus, it appears that in the near future, taking into account the established technical and economic conditions in which natural monopolies exist, the adjustment of their operations in terms of securing market conditions can be connected with the adjustment of the regulation of the tariff setting mechanism and the legal “localization” of the non-discrimination principle in relation to the operations of specific natural monopolies.

LEGAL SUPPORT OF DIGITALIZATION IN THE WHOLESALE ELECTRICITY AND CAPACITY MARKET

The main objective of the electric power industry is to provide for uninterrupted and reliable operation of power systems in order to meet the demand for electric power. The introduction of digital technologies in the wholesale electricity and capacity market is aimed at improving the efficiency, safety and continuity of its operation. The author highlights the features of legal support of digitalization in the wholesale electricity and capacity market, and proposes the possibility of expansion of the experimental legal regime to the wholesale electricity and capacity market. Information security issues are considered taking into account the fact that market participants may suffer not only financial and reputational losses from the implementation of security threats, but also damage to the life and health of people, the environment and the market infrastructure. The author concludes that it is necessary to develop means of legal protection of interests of owners and users of electronic software systems, as well as legal regulation of automated actions carried out in the wholesale electricity and capacity market. The research was carried out with the financial support of the RFBR within scientific project No. 20-311-90034.

STRATEGIC TASKS OF THE DEVELOPMENT OF THE MAIN GAS TRANSPORTATION INFRASTRUCTURE AND CHALLENGING ASPECTS OF THE LEGAL REGULATION OF CONSTRUCTION OF MAIN GAS PIPELINES

The development of the main gas transportation infrastructure and a socially and economically justified increase in the gas infrastructure expansion level in the constituent entities of the Russian Federation including creation of the conditions for preferential supply of gas to land plots used for housing construction are referred to strategic gas industry development tasks. The gas infrastructure expansion level and its growth pace are currently low in a number of regions of the Russian Federation. The citizens view this situation as social injustice, especially when main export gas pipelines are located in close proximity. Solution of strategic tasks related to the gas infrastructure expansion requires an improvement of the legal regulation of social relations arising at the gas infrastructure expansion, and that is impossible without legal research. The author brings forward proposals for the development of the legal regulation in the gas infrastructure expansion including provisions on the single operator of gas supply and gas infrastructure expansion programs

CHALLENGING ASPECTS OF THE LEGAL REGULATION OF INTERNATIONAL ECONOMIC ACTIVITIES OF GAS EXPORTERS AS PARTIES TO EXCHANGE TRADE IN GAS ABROAD

According to the Energy Strategy of the Russian Federation until 2035, the indicator of solution of the task of a flexible response to the world gas market dynamics is retaining by the Russian Federation of the dominant position of top three world gas exporters. Russian exporting companies are interested in trading in natural gas in European exchanges, as exchange trade in natural gas gives an opportunity to diversify the existing natural gas export mechanisms, gain access to highly liquid natural gas sales channels. At present, there is little legal research dedicated to challenging aspects of the legal regulation of exchange trade in energy resources, access of exporting companies to foreign exchanges. There are gaps and discrepancies in the existing legal regulation of this sector. The author reviews peculiarities of the legal regulation of relationships arising in trade in natural gas in European exchanges, the requirements set for exchange participants, the existing restrictions of these operations for Russian exporting companies, brings forward legal regulation development proposals.

ON CONCEPT OF “OIL” IN THE RUSSIAN LEGAL SYSTEM AND IN THE LAWS OF FOREIGN COUNTRIES

At present, the Russian gross domestic product consists mainly of revenues related to the sale of oil. At the same time, the current Russian laws has no definition of oil, while in the neighbouring countries, including Kazakhstan, Kyrgyzstan, Tajikistan and Ukraine, such a definition is present in the laws. In Russia, many attempts have been made to regulate public relations related to oil in detail, both on the federal and regional levels. However, such initiatives have always faced opposition, despite the fact that even today the legal regime of relations related to oil in Russia is not comprehensive. The author justifies the need for a legislative definition of oil and attempts to provide such a definition. The definition of oil may be particularly important when disputes arise between legal entities on different levels (whether private companies or public authorities acting on behalf of the state), since even the basic concepts may not coincide in their legal meaning in different national legal systems.

ON STRATEGIC TASKS OF THE USE OF RENEWABLE ENERGY SOURCES AND THE DEVELOPMENT OF LEGAL REGULATION

The development of the national scientific and technological potential, creation and application of advanced technologies in the power industry, including the technologies related to the use of renewable energy sources, are defined in the Energy Security Doctrine of the Russian Federation as the main tasks of ensuring technological independence and raising competitiveness of the fuel and energy complex. Renewable energy sources and energy storage units are referred to breakthrough technologies that may trigger structural and technological changes in the management and functioning of power systems and facilitate the transition of the power industry to a new technological basis (the so called “energy transition”). The above-mentioned strategic tasks of the further development of the power industry of the Russian Federation require financial support and due legal regulation. The paper brings forward proposals for the further development of the legal regulation of renewable energy sources on the legislative level enabling to fill in the gaps in the current legal regulation.

ON THE LEGAL REGULATION OF THE FUEL AND ENERGY COMPLEX FUNCTIONING IN EXTREME CONDITIONS: GENERAL APPROACHES (ON THE EXAMPLE OF THE CORONAVIRUS PANDEMIC)

The author reviews the issues of legal regulation of public relations in the Fuel and Energy Complex of the Russian Federation during the extreme period of the coronavirus pandemic. The author concluded that neither Russia nor any other foreign country had been ready to face the pandemic, both in terms of an action plan arrangement or legislative and regulatory control. Which, among other things, has had a negative impact on the performance of the Fuel and Energy Complex companies. For a radical solution of the issue, the article suggests and substantiates three options with due account for the fact that it is impossible to rule out potential next waves of the 2020 coronavirus pandemic or other global natural or anthropogenic catastrophes. The study was funded by the Russian Foundation for Basic Research within the frameworks of research project No. 20-011-00270.

NUCLEAR MATERIALS OWNERSHIP IN THE RUSSIAN FEDERATION

In response to the challenges of the epoch, “nuclear” laws currently regulate safety issues related to handling of nuclear materials, nuclear facilities operation, related transactions, nuclear waste processing and disposal, state control over the nuclear energy use, and international cooperation in the nuclear sphere. One of the most important institutions of the “nuclear” regulation system in Russian law is the institution of ownership of nuclear materials, understood by the modern legislator as materials containing, or capable of reproducing, fissile (fissionable) nuclear substances. Consolidating the rules of nuclear materials ownership, the legislator further formulates requirements for nuclear materials control and accounting, transactions procedure, and safe operation of nuclear facilities, as well as introduces liability for violation of such requirements. Today, many aspects related to the legal status of nuclear materials owners and the notion of handling nuclear materials deserve a deep legal analysis, since the current legal regulation has gaps and contradictions. The legal writing method used to word such norms, structures, and basic notions must meet the criteria of clarity, unambiguous interpretation, and absence of regulatory gaps, that is why the system of legal regulation of the institution of nuclear materials ownership needs further improvement.

LEGAL SUPPORT OF TRANSPARENCY OF ACTIVITIES OF GOVERNING BODIES OF COMPANIES OF THE FUEL AND ENERGY COMPLEX

In accordance with the Energy Strategy of the Russian Federation for the period of up to 2035, the enhancement of corporate governance is classified as a strategic task for the development of the fuel and energy sector. Legal support of corporate governance in companies with state participation in the energy sector, including companies in the power grid complex, is of great importance. The problems related to the legal support of transparency in the activities of the governing bodies of energy companies in the power grid complex are also of particular relevance. A significant problem of transparency of the governing bodies of energy companies, which still exists, is the identification and bringing the final beneficiaries to subsidiary responsibility. Within this work, the author identified the key problems that arise in case of transparency of activities of the governing bodies of companies of the power grid complex. The expediency of bringing the final beneficiaries of these organizations to subsidiary responsibility is justified, and proposals to improve the transparency and efficiency of the governing bodies of organizations of the power grid complex are made.

OBJECTIVES OF FURTHER DEVELOPMENT OF THE LEGAL REGULATION OF ENERGY RESOURCE USAGE FOR ENERGY LAW AND ORDER ENHANCEMENT

The nature of the legal regime of energy resources, requirements for their quality, metering, extraction, production, delivery, transportation, storage, pricing, customs regulation are fundamental problems of energy law. Certainty in the legal regulation of the use of energy resources as the key object of social relations within the scope of energy law has a direct impact on securing the balance of interests between energy law subjects at national and international levels. The level of the international unification of provisions on the legal regime of energy resources remains low, with the exception of unified provisions on the use of nuclear power. Due to the specific nature of energy resources, both national and international unification is performed primarily using an industry-based approach. Further development of the legal regulation of the use of energy resources, the improvement of the legal regime of energy resources, in particular, factoring in the need to apply innovative energy saving, energy efficient technologies, ensuring anti-terrorism security, and industrial safety of the energy infrastructure require legal studies in this area. Comparative legal studies of provisions on the legal regime of energy resources in other countries will be especially valuable. This article can be useful for further research into the subject matter, for education purposes.