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    Romanova v.v., Ustinov a.a., Alisova T.v., Fil S.S., Izotova a.v., Inyutsyn a.yu., Smirnov N.v., Bikmurzin a.F., Efimova a.a., Pakhomov a.a., Akimov L.yu., Titova L.v. - Energy Law. General Part. Spec

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    Romanova V.V., Ustinov A.a., Alisova T.V., Fil S.S., Izotova A.v., Inyutsyn A.yu., Smirnov N.V., Bikmurzin A.f., Efimova A.a., Pakhomov A.a., Akimov L.yu., Titova L.V. - Energy Law. General Part. Spec

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    M ISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION FEDERAL STAF-ETUNDED EDUCATIONAL INSTITUTION OF HIGHER PROFESSIONAL EDUCATION KUTAFIN MOSCOW STATE LAW UNIVERSITY)LASM( FEDERAL STATE BUDGETARY INSTITUTION OF SCIENCE INSTITUTE OF STATE AND LAW OF THE RUSSIAN ACADEMY OF SCIENCES: ENERGY LAW General Part. Special Part TEXTBOOK Second edition, revised and updated Edited by V.V. Romanova, Doctor of Law MOSCOW 2016 UDG 3467 Lac Roo 67.407 Authors of he Russa version General part: Romanora, VV. — Doctor of Lav, Head of Energy Lave De- partment of Kutafin Mascow State Law University (MSAL), Heed of Energy Law Sector of the Institute ‘of State and Law of the Russian Academy nf Sciences Special part. Section | Remanowa, VV" — Duc- ior af Las Head of Energy Law Department af Kisiafin Moscow Siate Law University (MSAL). Head of Energy Law Sector of the Institute af State and Law of the Russian Academy of Sciences — § Land’ 2, ‘Chapter 1 in cooperation with A.A. Ustinow, PhD in Law, Seniot Lecturer of Energy Law Depariment of Kutalin Moscow state Law University (MSAL}, #1, Chapter 2 in cooperation with LV, Alisova, Leetarer ‘of Energy Law Depariment af Xutafin Mascow State Law University (MSAL).$ 3. Chapicr 2 in coopera- tion als al Lecturer of Enesgy Law Departament of Kutafin Bloscow Sie Law University OMGAL), $1, Chapter 3 in eouperation with A.A. Ustinov, PRD in Lams, Senior Lecturer of Energy Law Department ‘of Kutafin Moscow State Law Univer (MSAL), 4 ¥.lzlova, Lactuer of Energy Law Department of Kaotafin Moscow State Law University (MSALI, 62, Chapter 3 in cooperation with Yu Inywtsyn, PhD sn Ling Senior Lecturer of Energy Law Deparimect of Kutafin Moscons State Law University (MSAL}, NV, Smimner, Lecturer of Energy Late Department of Kutafin Moscow State Law University (MSALI, Section 2, Romanova, VV. — Doctor of Law, Head of the Enengy Law Department af Kutafin, Moscow ‘Mate Law Liniversity {MSAL), Head ofthe Energy Law Sector of the Institue of State and Law athe Bus sian Academy of Sciences — I and $2, Chapter | in cooperation with A.A. Ustinavy, PRIP in Lane, 8 ¢ Lecturer [La Department of Kain Mose Sate Law University (SAL #3 Chapter in cooperation with 8. Fl, Lecturer af Energy Law Depariment af Kutafin Moscow Stare Lave Uni- ty (MSAL), $ pter $ in cooperation witk A.A. Ustinay, PhD in. Law, Senior Lecturer af Ener: gy Law Department of Ratalir Moscaw State Law University (MSAL), AN Trotora, Lecturer athe Ea Spy Law Departmen § 2.Chapter 8 in cooperation with Yu thsi PA i Lam, Senne Lovtrce ‘nergy Law Department af Kutafin Moscow State Law Untversity (MSAL), N.W. Smumoy, Lecturer at ergy Law Department; Section 3. Romanova. VV. — Doctor uf Lav, Head af the Energy Law De partment nf Kutafin Moscow State Law University (MSAL}, Head of the Energy Law Sector oi the Insti- ‘ute of State and Law ofthe tussean Academy of Sciences § Land 4 2, Chapter Fin conperation with A.A. Ustino, PhD in Law, Senior Lecturer atthe Energy Law Department, in vouperatia wilh A.E Bik- smurzin, Lecturer of Energy Law Department, $ |, Chapter 3 in cooperation with A.A. Ustinov, PhD in Law, Senior Lecturer of Energy Law ‘Department of Kutafin Moscone State Law University (MSALI, $2, ‘Chapter 3p cooperation with A.Yu, lnvutsyny PhD in, Law, Senior Lecturer of Energy Law Department ‘of Kalafin Moscow Slate Law Universiy (MSAL}, N.V, Smlznov, Lecturer of Energy Law Department ‘of Kutafin Moscove Stale Lane University (SAL) Sechon 4, Romanowa, ¥'V. — Doctor of Law, Head of ‘the Energy Law Department of Kutafin Moscow State Law University (MSAL}, Head ofthe Energy Law Sector of the Insite of State and Law of the Russian Academy of Sciences — & 1, Chapter 2 in coopet- ation wilh AA. Efimova, Lecturer of Energy Law Departinem af Kulafin Mascow Stale Law Univers: ty (MSAL), A.A, Pakhomov, Lecturer of Enetgy Law Departsnent of Kutalia Moscow State Law Univer- sity [MSAL}, § 3, Chapter 3 i coaperation with L.Yu. Akinw®, PhD in Lav, Senor Lecturer of Energy Law Department of Kitafin Moscens State Law University (SAL), $1. Chapter 3 in cooperation vt AY Iratava, Lectarer of Energy Law Department of Kusafin Moscone State Lave University (MAL, 8, ‘Chapter 2 is enoperstion with A.Yu. Inyutsys, PAD in La, Senior Lecturer of Energy Law Department of Kutafin Moscow State Law University (MSALI. N,V. Smirnex, Lectarer of Energy Law Departisent cof Kutafin Mascon State Law University (MSA), Section 5, Romanova, ¥.¥. — Doctor of Law, Head of ‘the Energy Law Department of Kutafin Moscow State Law University (MSAL}, Head of the Energy Law Sector of th Intl of Site and Law of the Russian Acadeny of Slonces — $1, Chapter in oop. ration with A.A, Ustine, PhD in Law, Senior Leciarer of En. Law Department ef Kutafin Moscow ‘State Law University (MSAL), % 2, Chapter 2 in cooperation with A.A. Efimava, Lecturer of Energy Law Department of Kutatin Moscow State Law University (MSALI, §.5. Fil, Lecturer of Energy Law Depart- ment of Kutalin Mascow State Law University (MSALI, § 1 Chapter 3 in conperation with A.V. Feota- ‘ua, Lecturer ef Energy Law Department of Ktafin Mascow State Law University (MSAL}, $ 2. Chapter 3 im souperation wil A.Yu. Inputsyn, PaD in Lav, Seaior Lecturer of Energy Law Departament af Kuta fin Moscow State Law University (MSAL). N.¥. Smirnov, Lecturer of Energy Late Department of Kuta- fin Moscow State Law University (MSAL|; Section 6, Romamova, WW — Drector of Law, Head af the | ‘egy Law Department af Katafia Moscow State Law University {MSAL}, Head af the Energy Law Sec- {or af the Insitute of State and Lave of the Russian Academy of Sciences — § 1, Chapter | im wouperation >with A.A. Ustino, PhD in Lav, Sen Un versity (MSAL}, § 1, Chapter § in coopera Lecturer of Energy Law Departinent ‘ol Kustalin Moscow State Lav Unaversity [MSALJ, 62, Chapter Sin cooperatson NV. Smirnany Lectarer ‘of Energy Law Departiaent wf Kutafin Moscow State Law University (MSAL}. Edited by V Romanos, Dctor af Law, Head af the Energy Law Depariment of Katalin Mescow State Law University (MSAL), Headl of the Energy Law Sector of the Institute of State and Law of the Russian Academy of Sciences Reviewers of the Russian version: sitsyn-Svetlanoy A.G. — Member of the Russian Academy of Sciences, Doctor of Law, Professor, Director of the Institute of State and Law of the Russian Academy of Sciences; Mikhailov, N.I. — Doctor of Law, Professor, First Deputy Director of the Institute of State and Law of the Russian Academy of Sciences. Translated by Gasanov 5.6, Gursikov N.V, ‘Translation editors; Romanova V.V. — Doctor of Law, Head of Energy Law Depart- ment of Kutafin Moscow State Law University (MSAL}, Head of Energy Law Sector of the Institute of State and Law of the Russian Academy of Sciences; Nina N.¥u. — PhD in Philology, Head of English Department N 2 of Kutafin Moscow State Law Univer= sity; Martynenko IA. — PhD in Philology, Senior Lecturer, English Department N 2 of Kutafin Moscow State Lave University. Energy Law. General Part, Special Part: Textbook / Edited by V.V, Romanova, Doc: tor of Law. 2" edition, revised and updated. In English. Moscow: Yurist Publishing Howse, 2016 — 606 p ISBN 978-5-91835-318-9 ‘This Textbook presents a comprehensive and sufficient material for foreign stu- dents’ lecturers of higher educational institutions, and it may be useful for practicing lawyers and specialists interested in legal regulation in the sphere af energy. “The decision to translate the Russian version of the 2th edition of the Textbook on Energy Law was made because of intense interest for different issues of the legal regulation in the sphere of energy expressed by Russian and foreign students, lectur- ers, researchers, lawyers. ‘The General Part of the Textbook is devoted to the general provisions of energy lave, its principles, sources, legal framework of energy resources, legal framework of energy facilities, legal status of subjects to private law energy relations, state regula ion and self-regulation. ‘The Special Part includes sections devoted to legal regula- tion in certain energy spheres: gas, oil and coal industries, electric power industry, heat supply and nuclear energy use. The Textbook is based on modern laws in view of law-enforcement practice. The secand edition af the Textbook was revised and up- dated with a view to changes in the legal regulation of private law and public law re- lations including the sphere of self-regulation ISBN 978-5-91935-318-9 © Group of authors, 2015 8 Gasanov $.G,, translation, 2016 © Gorshkov N.¥., translation, 2016 © Yurist Publishing House, layout, 2016 Table of Contents IntredductioM iinet iiena GENERAL PART... es Section L Concept and Sources of Energy Lave. ‘Chapter 1. Concept of Energy Law. § 1. Legal Nature of Social Relations an the spo Ee § 2. Methods of Energy Law § 3. Principles of Energy Law $4. Energy Law as a Science $5. Energy Lawas an Academic Discipline a ‘Chapter 2, Sources of Energy Law... - $11 General Overview f Sources of Energy Law. $2. Normative Legal Acts as a Snuree of Energy Law 6 3. International Treaties as a Source of Energy La $4. Customs asa Source of Energy Law... 6 5. Judicial Acts of Highest Judicial Authorities as a Source of Energy Lave. 56, Acts of Market Council Non-Profit Partnership as a Source of Energy Law. 67 Acts of Self Regulating Organizations ns a Source of Energy Law. $8 Local Acts of Legal Entities as a Source af Energy Law... $9. Doctrine asa Source of Energy Law. ‘Section IT. Private law Relations in the Sphere of Energy ” a ” ss Chapler 1. General Overview of Private Law Relations in the Sphere of Energy 6 1. General Overview and Sources of Legal Regulation of Private Law Relations in the Sphere of Energy uum $2. Legal Framework of Energy resources § 3. Legal Framework of Energy Facilities... $4 Legal Status of Subjects to Private law Relations in the Sphere of Energy: ‘Chapter 2, Contractual Regulation in the Energy Sector $1. General Overview of Cantractual Regulation in the Energy Sectar... $2. Contracts for Supply of Energy resources § 3. Contracts that Regulate Relations in Transportation, Transmiseion and Carriage of Energy resaurces.. $4. Contracts for Technol ical Connection to Power Grids, a Sapte, (Gas Distribution and Gas ansson Networks Trunk Pipelines wo § 5. Production Sharing Agreements... Se $6. Concession Agreements. $7 Contracts for Storage of Energy TeSOUkCE eens nn ne ENERGY LAW —* TABLE OF CONTENTS *: 98, Contracts for Construction, Reconstruction and Modernization of Energy Facilities... Se ene AD $9 Power Equipment Supply Contracts... 4 10, Energy Service Agreement (Contract). 4$ 11. Contractual Regulation of Innovative Activities in the Energy Sector $12 Public rvateParnership Agreement, Mankipal-Pivate 153 155 Partnership Agreement . - - 157 Section IL Public-Law Relations in the Enetgy Sector... ss Isl Chapter 1. State Regulation in the Energy Sector ee oe nero nee BL § L State Energy Policy and Strategy. os 16L 42. Principles of State Regulation in the Energy Sector. $3 Public Authorities Fngeged in Stae Regulation inthe Energy Sector 168 Chapter 2. Self-Regulation in the Energy Sector ~ 41. General Overview, Sources of Legal Regulation of Self-Regulation and Types of Self-Regulating Organizations in the Energy Sector cone DM $2 Self Regulating Organizations in the Field of Heat Supply... 201 43 Self- Regulating Organizations Engaged in Energy Inspection . 24 gd SAF Regulating Organizations Based on Membership of Bodies Engages in Engineering Surveys, Design and Construction... ee BB SPECIAL PART..... Section L Legal Regulation of Social Relations in the Gas Sector Chapter 1. Development Strategy of the Gas Sector and Sources ‘of Legal Regulation of Social Relations in the Gas Sector $1 Development Strategy of the Gas Sector, 42 Sources of Legal Regulation of Social Relations in 2 28 a Chapter 2 Private Law Relations ia the Gas Sector... $L Legal Framework of Gas as an Object af Private Law Relations. $2. Legal Framewark of Energy Facilities of the Gas Sector... $3. Legal Status of Subjects of Private Law Relations of th $4. Contractual Regulation in the Gas Sector... Clupter 3. Public Law Relations im the Gas Sector .. 273 $1 State Regulation of the Gas Sector... vo soon 1 2Tk §.2 Self Regulation in the Gas Sector. ee eee nn DSL Section II, Legal Regulation of Social Relations in the Oil Sector Chapter 1. Development Strategy of the Oil Sector and Sources of Legal Regulation of Social Relations in the Oil Sector. 9 L. Development Strategy of the Oil Sector. roo $2 Sources nf Legal Regulation of Social Relations in the Oil Sector... 298 301 TEXTBOOK * TABLE OF CONTENTS *+— Chapter 2, Private Law Relations in the Oil Sector. $1. Legal Bramework af Crude Oiland Petroleum Pradacts § 2. Legal Framework of Energy Facilities of the Oil Sector - § 3, Legal Status of Subjects of Private Law Relations of the Oil Sector $4 Contractual Regulation in the Oil Sector. . ‘Chapter 3, Public Law Relations in the Oil Sector § 1. State Regulation of the Oil Sector .. - $2 Self-Regulation in the Oil Sector, f Social Relations im the Coal SestOF yoo. of the Coal Sector and Sources Relations in the Coal Sector... § 1. Development Strategy of the Coal Sector 8.2. Sources of Legal Regulation of Social Relations in the Coal Sector... Section IIL Legal Regulati ‘Chapter 2, Private Law Relations in the Coal Secto! 5 1. Legal Framework of Coal as an Object of Private Law Belations. 62. Legal Framework of Energy Facilities af the Coal Sector § 3. Legal Status of Subjects of Private Law Relations in the Coal Sectow 0... oon 377 $4. Contractual Regulation in the Coal Sectar.. ss “ ‘Chapter 3, Public Law Relations in the Coal Sector, § 1, State Regulation in the Coal $8040 wn 2. Self- Regulation in the Coal Sector... Section IV, Legal Regulation of Soctal Relations in the Electric Power Industry... Chapter 1, Development Strategy of the Electric Power Industry and Sources of Legal Regulation of Sociil Relations in the Electric Power Industry. 396 § 1. Development Strategy of the Electric Power Industry... sue essen 36 § 2. Saurces of Legal Regulation of Social Relations in the Electric Power Industry... ‘Chapter 2, Private Law Relations in the Electric Power Industry 6 L. Legal Framework of Electric Power and Capacity... 51. Legal Framework of Electric Power Facilities... $3. Legal Status of Subjects of Private Law Relations in the ‘Electric Power Industry. 426 $4. Contractual Regulation in the Electric Power Industry... ssn ABS ‘Chapter 3. Public Law Relations in the Electric Pawer Industry _ " - ane AAS § | Stale Regulation in the Electric Power Industry 445 $1 Self-Regulation in the Electric Power Indust mse ENERGY LAW —* TABLE OF CONTENTS *: Section V. Legal Regulation of Social Relations in the Sphere of Heat Supply... Chapter 1. Development Strategy of Heat Suy id Sources ‘of Legal Regulation of Social Relations in the Sphere of Heat Supply... 466 4§ 1, Development Strategy of Heat Supply $2. Soatoes of Legal Regulation of Socal Relations in the Field of Heat Supply. ATT Clupter 2. Private Law Relations in the Fiekl of Heat sare! 9.1. Legal Framework of Heat Energy. $2 Legal Framework of Heat Supply Fuciit . 93. Legal Status of Subjects of Private Law Relations in the Field ‘of Heat Supply. 488 $4. Contractual Regulation in the Field of Heat Supply 496 Chapter 3. Public Law Relations in the Field of Heat Supply... 0a SDB 41. State Regulation in the Field of Heal SUpplY....0-0n § 2. Self-Regulatiom in the Field of Eeat Supply. Section VI. Legal Regulation of Social Relation: ‘of Nuclear Energy Use Chapter 1. Development Strategy of the Nuclear Power Industry and Sources of Legal Regulation of Social Relations in the Field ‘of Nuclear Energy Use. Se ED $1, Development Strategy ofthe Nuclear Power Industry . § 2. Sonos oF Legal Regulation of Socal Relations inthe Field ‘of Nuclear Energy Use... a the Sphere Chapter 2. Private Law Relations in the Field of Nuclear Energy Use. $1 Legal Framework of Nuclear Materials and Radioactive Waste, 42 Legal Framework of Energy Facilities in Nuclear Energy Use. 63 Legal Status of Subjects of Private Law Relations in the Field ‘of Nuclear Energy Use.— $44 Contractual Regulation inthe Feld of Nuclear Energy Use Chapter 3. State Regulation and Self-Regulation in the Field of Nuclear Eats) Use...574 6 1. State Regulation in the Field of Nuclear Energy Use... 2 Self-Regulation in the Field of Nuclear Energy Use. Bibliography... TEXTBOOK Introduction The decision to translate the Russian version of 2th edition of the Textbook on Energy Law was nade because of intense interest for ditferent issues of the legal regulation in the sphere of energy expressed by Russian and foreign stu- dents, lecturers, researchers, lawyers ‘This ‘Textbook on Energy Law is aimed at study of both general theareti- cal provisions of energy law and specifics of legal regulation in certain ener- gy industries, ‘The Textbook is divided in two parts: General Part and Special Part, The General Part is divided in three sections. ‘The first section examines general theoretical issues of energy law, including the concept and principles of ener gy law, and studies sources of energy law. The second section examines issues cof legal regulation of private law energy relations, including the legal frame work of energy resources and energy facilities, legal status of subjects to pri- vate law relations, and specifics of contractual regulation in the energy sector. ‘The third section is devoted to legal regulation of public law relations. This sec tion examines various legal aspects of state regulation and self-regulation in the energy sector. ‘The Special Part of the Textbook is divided in six sections and examines peculiarities of legal regulation of social relations in various en- ergy industries: gas, oil, coal, electric power industry, heat supply and nuclear energy use, The conclusions, provisions, classifications and recommendations presented in the General Part were used in developing the Special Part. Upon preparation of the second edition of the Special Part, changes im the laws and law-enforcement practice were also taken into account. ‘The authors support the conclusion stated by A,G, Lisitsyn-Svetlanov that energy law is an established branch of law and that it is necessary to develop this branch of law in all areas — at the level of legislation, in law enforcement, doctrinally and in the process of jurisprudence training’. Lisitsyn-Svetlanoy, AG. Energy Law: Tasks of Purther Development af This Branch of Law /? Collection of Materials of International Research-t-Practice Conference "Legal Regulation its the ENERGY LAW —=* INTRODUCTION * ‘The ‘Textbook was prepared with a view to the fair conclusions af VV. Blazheyev on formation of energy law as a constituent of higher legal educa- tion’, The peculia ies of energy legislation, dynamics of its changes and prob- lems of law enforcement indicate that training of lawyers specialized in energy should take into account the realities of law-enforcement practice. This natural that the Textbook cannot embrace all features of the legal reg- ulation in various energy industries. This Textbook presents the main provi- sions required for study, legal analysis and further researches, WV, Romanova Doctor of Law, Head of the Energy Law Department of Kutafin Moscow: State Law University (MSAL), Head of the Energy Law Sector of the Institute of State and Law of the Russian Academy of Sciences Flectrie Power Industry and Heat Supply” Jf Moscow, Yurist Pali sian Blazheyey, VV. On Formation ofE of Materialsof International Resear ing Mouse, 2013, p. 10 fin Ras gy Lawasa Constituent of Higher Legal Education, Collection Jo- Practice Conference Legal Regulation in the Electric Power Iadustry and Heat Supply’, Moscow: Yurist Pubifshing Howse, 2013, pp. 6-# (in Russian) TEXTBOOK GENERAL PART Section |. Concept and Sources of Energy Law Chapter 1. Concept of Energy Law $1. Legal Nature of Social Relations in the Sphere of Energy In order to determine the legal nature of social relations in the sphere of energy; it is first necessary to identify a range of social relations constituting the subject matter of energy law. It should be noted that this issue has been repeatedly raised in literature. Conclusions on the range of social relations in the sphere of energy presented in legal literature make it clear that all are based on sectoral (energy) similar ity of the social relations. Addressing the issues of energy law and energy legislation, VE. Popan- dopulo defines social relations in the sphere of energy as relations in gen- eration, transmission and consumption of energy, including electric power and other types of energy’, VE Yakovlev and P:G. Lakhno emphasize that energy is a branch of econ- omy, and any relations in this branch, including relations in search, explo- ration, extraction of primary sources, generation, transmission (transpor- tation), distribution and use (consumption) of energy, specifically represent the basis, whereon governing rules of energy law are imposed, It shall be noted that VE Yakovlev and P:G. Lakhno defined a fuel and energy com- Popandopulo, VE: Energy Law and Energy Legislation: General Description and Development Trends, Energy and Lane, Moscow: Vurist Publishing House, 2008, p. 205 fin Russian} Energy Law of Russia and Germany :Camparative Law Research | Edited by PG. Lakhma, Moscow: Yurist Publishing Growp, BOLL, p49 (in Reséan ENERGY LAW = SECTION |. CONCEPT AND SOURCES OF ENERGY LAW - plex as a system of related energy industries, enterprises and organizations that are based on the integration of their functions in extraction (genera- tion), processing, transformation, storage, transportation and distribution of energy carriers and energy resources, including construction and oper- ation of energy facilitics to support needs of the country’s population and economy with energy resources, discharge international obligations and pro- tect the environment’. In examining the specifics of legal regulation of Russia's oil and gas cam- plex, A.G. Lisitsyn-Svetlanov rightly points out that social relations estab- lished with the participation of business entities of the oil and gas complex cover the whole production and business cycle, from geological exploration at possible oil and gas fields and their development to production of hydro: carbons and their transportation to the consumer through pipeline networks both within Russia and abroad under inter-state agreements’, O.A. Goradov emphasizes that the core subject area of energy law is so- cial relations establishing in the energy sector, which represents a branch of the national economy covering energy resources, generation, transforma tion, transmission and use of different kinds of energy; he emphasizes that the said group is close to other groups of relations arising from generation, transformation, transmission and use of different kinds of energy, which in- clude relations associated with energy investments, eavironmental require- ments ta the arrangement of energy enterprises’ activities, energy security provision, energy supply, etc’ Therefore, when identifying the range of relations regulated by rules of energy law, it can be said that these relations cover relations arising, inter alia, from search and extraction of energy resources, generation, process- ing, transmission, storage and transportation of energy resources, design- ing and construction of energy facilities, technological connection to ener gY systems, innovative activities, provision of energy security and industri- Energy Law of Russia and Germany: Comparative Law Rewareh ( Edited by BG. 1 ‘Yurtst Painting House, 2008, p. $9 (in Russian. hno, Mose: veilanoy, A.G. The Role ef Law in Modernization af Russie’s Feonomy. Moscow The lastitute of State and Law of the Russian Academy of Sciences, 201L, p. 16 (im Russian) Gorodow, O:A. Introduction to Energy Law: Training Manual, Moscow: Praspect, 2012. p. 7, 1 (én Russian) GENERAL PART " R = SECTION |. CONCEPT AND SOURCES OF ENERGY LAW = al safety, and anti-terrorist protection. The said relations may arise both in the domestic market and in foreign transactions. ‘These relations may be established: (1) between subjects engaged in search and extraction of energy resources, production, processing, trans- mission, storage and transportation of energy resources, designing, engi- neering surveys, construction, modernization and reconstruction of ener- gy facilities and entities purchasing different types of energy resources and employing related services; (2} between subjects engaged in the above ener- gy activities, and empowered public authorities and involved self-regulating organizations ‘The first stands for private law relations, and the second — for public law relations, It should be noted that at present public regulation of energy activi ties has been considerably expanded in view of the emergence, operation and development of a self-regulation institute’, This area has also been expand- ed through the delegation of public powers to Rosatom State Nuclear Energy Corporation. Addressing the issues of egal regulation in the oil and gas complex, A.G. Lis itsyn-Svetlanov fairly points out that relations developing in the operation of the oil and gas complex include various relations of its participants, both ver- tical and horizontal, namely public-law and Private Law Relations in view of specific features of legal regulation of business entities’ activities, including transnational activities’. The main object of private law energy relations is, above all, an energy source, e.g. gas, oil, coal, electric power and heat ene According to cl. 1, Art. 2 of the Federal Law “On Energy Saving and En- hancement of Energy Efficiency and on Amending Certain Legislative Acts of * Decision of the Constitutional Court of the Russian Federation dd. December 19, 2005 Na, 12-11 "On the Consiitutionality of Paragraph Eight, Clause 1, Article 0 of the Federal Law "On Insolvency (Bankruptey)" ia Respanse to the Camplaitst of Citinen A.G, Mezbentsev" l! Resiyahipt Gazeta, December 28, 2005 (in Resstan); Ruling af the Constitutional Court of the Russian Federation dd February 10, 2004 No. 461-0:0 "On Dismissing the Complaint af Citinen Vasily Grigorpevich Misowets on Violations of His Constitutional Rights by the Provisions wf Articles 15:and 24.6 of the Federal Law “Gn Valuation Activities in the Russlan Federation’ J Bulledin of the Canstivutional Court of the Russian Federation, 2010, No. 6 (in Russian) + Lisisyn-Svetlanor, A.G. The Role of Law in Modernization of Russia's Economy. Moscow: ‘The Institute af State and Law of the Russian Aeudemy of Sciemees, 2011, p15 fin Russian ENERGY LAW = SECTION |. CONCEPT AND SOURCES OF ENERGY LAW - the Russian Federation", the energy source is defined as an energy source carrier of energy, which energy is used or can be wsed in business or any ath- er activities, and a type of energy (nuclear, heat, electric, electromagnetic en- ergy or any other type of energy). According to provisions of ¢ 6, Chapter 30 of the Civil Code of the Rus- sian Federation, electric power, gas, crude oil and petroleum products be- long to commodities (Art. 548 of the Civil Code of the Russian Federation), According tocl. 26, Art. 2 of the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities", energy also belongs to commod- ities falling within the scope of foreign trade activities: “the commodity is any movable property, aircrafts, sea vessels, inland vessels and mixed (riv- eresea) vessels, and space objects classified as real estate along with elec tric power and any other kinds of energy falling within the scape of foreign trade activities’. According to Federal Law dd. March 26, 2043 No. 35-b3 “On the Electric Power Industry", the legislator refers capacity to a special type of commod- ities, which is described in the Regulation of the Government of the Russian Federation dd, December 27, 2010 No, 1172 “On Approving the Rules of the Wholesale Electricity and Power Market and on Amending Certain Acts of the Government of the Russian Federation on the Procedure of Operation of the Wholesale Electricity and Power Market". It should be noted that many scientists defined energy as belonging to a particular type of objects of civil rights'*. When addressing this issue, WE Ya- Federal Law dd. November 28, 2009, No. 261-03 “On Energy Saving and Enhancement of Energy Effcioncy and.on Amending Certain Legislative Acts of the Russian Federation” if Colloetion of Legislative Acts of the Russian Feslerating, 208, No, 48, Art $711 (én Russian} " Bederal Lane da. December 8, 2003, No, 1641-3 "On the Fundamentals of State Regulation of Foreign Trade Activities" Collection of Legislative Acts of the Russian Federation, 2003, Na.50, Art, 4850 (én Russian): % Rederal Law dd. Marek 26, 2003, Ne. 35-03 “On the Electric Power Indust Legislative Acts of the Russian Federation, 2003, No, 13, Art. 1177 (in Russian} © Regulation of the Government of the Russlan Federation dd, Clecember 27, 2010, No. 1172 “On Approwing the Rules of the Wholesale Electricity and Power Market and on Amending Ceriain ‘Acts of the Gavernment af the Russtan Federation on the Procedure of Operation ofthe Wholesale Flectricity and Fower Market" /# Collection af Legislative Acts of the Russian Federation, 211, No. 14, art, 1916 lin Russian) “See, eg: Zaichenko, N. Fleciric Power in Civil Law: Problems of Definition and Classification // Business and Law Mosenv, 2007; Na. 12 fin Russian); Seymaroey, BM. Energy Supply Contract f/ Collection of GENERAL PART = SECTION |. CONCEPT AND SOURCES OF ENERGY LAW = kevlev and PG. Lakhno emphasize that there are four concepts — propri- etary, liability, mixed and autonomous, and propose that energy (especial- ly electric power) be defined as an independent abject of civil and other rights!” Along with energy resources, objects of private law energy relations may also include energy facilities, Le. facilities meant for search, production, pro- cessing, transportation and storage of various energy resources. As for objects of public law relations, as LL. Popov, Yu.[. Migachey and SV. Tikhomirov aptly state, each particular aspect of administrative law de- fines the abject as a focus of its members’ rights and duties, Lc. a reason to es- tablish legal relations", Objects of Public Law Relations in the sphere of ener- gy are actions and behavior of parties to such relations. Violations of any le: gal requirements by actions of parties to energy relations incur administrative and criminal liability’. Based on the identified range of public relations developing in energy, it becomes clear that energy law may be defined as a combination of rules of law that govern social relations (both private law and public law) aris. ing from search and extraction of energy resources, production, process- ing, transmission, storage and transportation of different types of energy resources, designing and construction of energy facilities, and provision of energy security, Bulletin of the Higher Arbitration Court of the Russian Federation, 2000, No. 6 {in Russian); Seynarave, BLM. Energy Supply Contract // Bulletin of the Higher Arbitration Court of the Russian Pederation, 2000, No. ? (in Russian); Matiyashchuk, 8.¥. Electric Power: Right of Claim or a Special Type of Property i Civilist, Scientific and Practical Journal, Moscow: Yuraticheskie Pragrarsmy Autonomous Nor-Coonmercia! Organisation, 2008, No. 4 (it Russlanh Matiyashehuk, 5.¥. Electricity and Power as Special Objects of Civil Transactions: Theoretical and Practical Issues /! Journal of Russian Law. Moscow: Norma, 2004, 12 (in Rus: ls, see: Yakowley, VF, Lakhng, PG, Energy Law asa Complex Branch of Russian La jussia and Germany: Comparative Lae Research / Edited byP

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