Pub Date : 2024-03-01DOI: 10.61525/s231243500030178-3
Amina D. Batyzheva
The article discusses the identification of hazardous production facilities and the legal regulation of permanent government supervision in the field of industrial safety. The author emphasizes that establishing the specific attributes and procedures for identifying and classifying the corresponding facilities, as well as determining the individuals responsible for providing relevant information or having the authority to identify them are of great importance for the categorization of production facilities. This article provides a systematic analysis of the current laws’ requirements in relation to judicial practice. It identifies problems in law enforcement practice and formulates conclusions on how to eliminate them.
{"title":"Current Issues of Legal Regulation of Industrial Safety of Hazardous Production Facilities of the Oil Industry","authors":"Amina D. Batyzheva","doi":"10.61525/s231243500030178-3","DOIUrl":"https://doi.org/10.61525/s231243500030178-3","url":null,"abstract":"The article discusses the identification of hazardous production facilities and the legal regulation of permanent government supervision in the field of industrial safety. The author emphasizes that establishing the specific attributes and procedures for identifying and classifying the corresponding facilities, as well as determining the individuals responsible for providing relevant information or having the authority to identify them are of great importance for the categorization of production facilities.\u0000\u0000This article provides a systematic analysis of the current laws’ requirements in relation to judicial practice. It identifies problems in law enforcement practice and formulates conclusions on how to eliminate them.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"30 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140277736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-01DOI: 10.61525/s231243500030167-1
Alexander S. Zaboronyuk
This article examines the effects of digital transformation on the energy sector. The author identifies the key technologies that have already had or will have a transformative impact on the electric and heat power industry. The article considers the benefits of digital transformation and highlights the factors contributing to its implementation. The study identified the key areas of digital transformation in the energy sector and developed recommendations for their implementation, taking into account potential problems. Digital transformation has become a crucial factor in the development of the energy sector, as technological advancements significantly impact energy production, transmission, and consumption processes. Energy companies have already recognized the potential of digital technologies and have taken steps to optimize their processes with innovation in mind. The digitalization of the energy industry involves the collection and processing of a large amount of data on consumption, payments, and other parameters. Therefore, it is important to define rules for the collection, storage, and use of this data, as well as guarantees of its confidentiality and protection from unauthorized access at the legislative level. The author argues for the necessity of updating existing regulations and developing new ones to introduce digital technologies and manage associated risks.
{"title":"Digital Transformation of the Energy Sector and its Legal Support Tasks","authors":"Alexander S. Zaboronyuk","doi":"10.61525/s231243500030167-1","DOIUrl":"https://doi.org/10.61525/s231243500030167-1","url":null,"abstract":"This article examines the effects of digital transformation on the energy sector. The author identifies the key technologies that have already had or will have a transformative impact on the electric and heat power industry. The article considers the benefits of digital transformation and highlights the factors contributing to its implementation. The study identified the key areas of digital transformation in the energy sector and developed recommendations for their implementation, taking into account potential problems. Digital transformation has become a crucial factor in the development of the energy sector, as technological advancements significantly impact energy production, transmission, and consumption processes. Energy companies have already recognized the potential of digital technologies and have taken steps to optimize their processes with innovation in mind. The digitalization of the energy industry involves the collection and processing of a large amount of data on consumption, payments, and other parameters. Therefore, it is important to define rules for the collection, storage, and use of this data, as well as guarantees of its confidentiality and protection from unauthorized access at the legislative level. The author argues for the necessity of updating existing regulations and developing new ones to introduce digital technologies and manage associated risks.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"43 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140280024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-01DOI: 10.61525/s231243500030177-2
Sergey A. Orlov
This scientific article examines the mechanisms for bringing fuel and energy complex entities to administrative liability in order to improve them. The study of specific aspects in the process of bringing fuel and energy complex entities to administrative liability is of high importance and relevance, since offenses in this industry can lead to serious environmental consequences, threaten the safety and health of the population, and violate the energy security of the state. That is why the development of effective measures for bringing entities to administrative liability is crucial for ensuring sustainable and safe development of the fuel and energy complex. The author identifies the reasons that lead to the risk of committing administrative offenses by fuel and energy complex entities and proposes specific multilateral measures to prevent them. The article raises issues that deepen our understanding of the mechanisms and peculiarities of bringing fuel and energy complex entities to administrative liability. This understanding contributes to the development of effective strategies and measures to prevent offenses in this field.
{"title":"Improving the Mechanisms for Bringing Fuel and Energy Entities to Administrative Liability","authors":"Sergey A. Orlov","doi":"10.61525/s231243500030177-2","DOIUrl":"https://doi.org/10.61525/s231243500030177-2","url":null,"abstract":"This scientific article examines the mechanisms for bringing fuel and energy complex entities to administrative liability in order to improve them. The study of specific aspects in the process of bringing fuel and energy complex entities to administrative liability is of high importance and relevance, since offenses in this industry can lead to serious environmental consequences, threaten the safety and health of the population, and violate the energy security of the state. That is why the development of effective measures for bringing entities to administrative liability is crucial for ensuring sustainable and safe development of the fuel and energy complex. The author identifies the reasons that lead to the risk of committing administrative offenses by fuel and energy complex entities and proposes specific multilateral measures to prevent them. The article raises issues that deepen our understanding of the mechanisms and peculiarities of bringing fuel and energy complex entities to administrative liability. This understanding contributes to the development of effective strategies and measures to prevent offenses in this field.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"1009 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140273279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.18254/s231243500026191-8
Denis E. Loginovsky
The applicable laws place the highest value on the rational use of energy resources in the sphere of energy saving and energy efficiency in the Russian economic development. However, there remains legal uncertainty in terms of direct levers of the promising and rational use of energy resources. The legislator maintains “qualified silence” in this matter, the judicial practice is contradictory and ambiguous in the issues of acknowledgment of irrational behavior of energy market participants, there is no standard of proof. Along with these stagnation processes in legal support of the rational use of energy resources, the legislator piles up new constituent elements of administrative offenses and criminally punishable acts in the energy security sphere. Such instruments fail to deliver the desired results in form of the establishment of the rational use of non-renewable energy resources. Renewable energy resources in the context of legal support of the rational use are out of the question as there is no respective framework law. That’s why the author concludes that it is needed to establish a legal model of the rational and safe use of energy resources (legal compliance).
{"title":"Legal Support of Rational Use of Energy Resources","authors":"Denis E. Loginovsky","doi":"10.18254/s231243500026191-8","DOIUrl":"https://doi.org/10.18254/s231243500026191-8","url":null,"abstract":"The applicable laws place the highest value on the rational use of energy resources in the sphere of energy saving and energy efficiency in the Russian economic development. However, there remains legal uncertainty in terms of direct levers of the promising and rational use of energy resources. The legislator maintains “qualified silence” in this matter, the judicial practice is contradictory and ambiguous in the issues of acknowledgment of irrational behavior of energy market participants, there is no standard of proof. Along with these stagnation processes in legal support of the rational use of energy resources, the legislator piles up new constituent elements of administrative offenses and criminally punishable acts in the energy security sphere. Such instruments fail to deliver the desired results in form of the establishment of the rational use of non-renewable energy resources. Renewable energy resources in the context of legal support of the rational use are out of the question as there is no respective framework law. That’s why the author concludes that it is needed to establish a legal model of the rational and safe use of energy resources (legal compliance).","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115495739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.18254/s231243500026195-2
M. Kleandrov
The article deals with the problems of modern legal regulation in the energy sector of the Russian economy which is characterized by serious turbulences. This situation implies difficulties in the effective functioning of the mechanism of justice. The necessity of definitive goal setting at the basic level both in legal regulation of the energy sector and in judicial activity is proved. Suggestions of a fundamental nature — in essence and in form — are made. The need to really take into account the “green” impact on our economy, first of all, when determining the strategic goals of its development, is also important with regard to the problem discussed in this article. It is noted that the judicial policy should to become a benchmark for the improvement of the mechanism of justice in the energy, basic, crucial for the state sector of the economy with turbulent regulation.
{"title":"Energy Sector and Justice: Modern Problems of Turbulence and Legal Regulation","authors":"M. Kleandrov","doi":"10.18254/s231243500026195-2","DOIUrl":"https://doi.org/10.18254/s231243500026195-2","url":null,"abstract":"The article deals with the problems of modern legal regulation in the energy sector of the Russian economy which is characterized by serious turbulences. This situation implies difficulties in the effective functioning of the mechanism of justice. The necessity of definitive goal setting at the basic level both in legal regulation of the energy sector and in judicial activity is proved. Suggestions of a fundamental nature — in essence and in form — are made. The need to really take into account the “green” impact on our economy, first of all, when determining the strategic goals of its development, is also important with regard to the problem discussed in this article. It is noted that the judicial policy should to become a benchmark for the improvement of the mechanism of justice in the energy, basic, crucial for the state sector of the economy with turbulent regulation.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125494585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.18254/s231243500026185-1
Evgeniya D. Vasilieva
The article analyzes the laws of the Russian Federation and the results of their implementation in the area of unilateral repudiation of a power supply contract through the prism of the implementation of the risks of a guaranteeing supplier of electric power in the form of invalidation of its actions and, as a consequence, imposition of administrative sanctions against it. The author examines two opposite situations, which do not contain elements of a violation: the guaranteeing supplier avoiding the termination of a power supply contract in the event of receiving a corresponding application from the consumer, and the guaranteeing supplier independently sending notices of unilateral repudiation of a power supply contract to the consumer. The study is divided into two main parts, each of which contains a detailed analysis of the laws on power supply with comparative legal references to foreign experience in legal regulation of the issues of power supply contract termination (on the example of the CIS member states) and a review of the court practice on various controversial situations, which have been settled in court decisions. The study has resulted in conclusions and recommendations on how to solve the problems arising in this area of activity for the guaranteeing supplier.
{"title":"Pitfalls of the Unilateral Termination of an Energy Supply Contract (Risks of the Guaranteeing Supplier in Avoiding the Termination and Using the Unilateral Repudiation Mechanism)","authors":"Evgeniya D. Vasilieva","doi":"10.18254/s231243500026185-1","DOIUrl":"https://doi.org/10.18254/s231243500026185-1","url":null,"abstract":"The article analyzes the laws of the Russian Federation and the results of their implementation in the area of unilateral repudiation of a power supply contract through the prism of the implementation of the risks of a guaranteeing supplier of electric power in the form of invalidation of its actions and, as a consequence, imposition of administrative sanctions against it. The author examines two opposite situations, which do not contain elements of a violation: the guaranteeing supplier avoiding the termination of a power supply contract in the event of receiving a corresponding application from the consumer, and the guaranteeing supplier independently sending notices of unilateral repudiation of a power supply contract to the consumer. The study is divided into two main parts, each of which contains a detailed analysis of the laws on power supply with comparative legal references to foreign experience in legal regulation of the issues of power supply contract termination (on the example of the CIS member states) and a review of the court practice on various controversial situations, which have been settled in court decisions. The study has resulted in conclusions and recommendations on how to solve the problems arising in this area of activity for the guaranteeing supplier.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131291620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.18254/s231243500026197-4
V. Romanova
{"title":"Review of Musin Readings 2023. Topical Issues of Energy Law Scientific and Practical Conference","authors":"V. Romanova","doi":"10.18254/s231243500026197-4","DOIUrl":"https://doi.org/10.18254/s231243500026197-4","url":null,"abstract":"","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116981762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.18254/s231243500026189-5
Gao Yuy
Cooperation between China and Russia in energy area is an important cornerstone of cooperation between the two countries and a positive force for maintaining global energy security. The total volume of gas supply by 2030 will be at least 98 billion cubic meters plus 100 million tons of liquefied natural gas. The article refers to the market reforms of China’s natural gas market. A fair market competition mechanism has been implemented in natural gas exploration, production, and import. The article reviews the Chinese model of X+1+X marketization in the gas supply market. Conclusions are drawn on the positive trend of gas supply between the Russian Federation and the People’s Republic of China and on the necessity of joint legal research in order to develop the legal regulation of gas supply.
{"title":"Prospects of Cooperation between China and Russia in Gas Supply Area","authors":"Gao Yuy","doi":"10.18254/s231243500026189-5","DOIUrl":"https://doi.org/10.18254/s231243500026189-5","url":null,"abstract":"Cooperation between China and Russia in energy area is an important cornerstone of cooperation between the two countries and a positive force for maintaining global energy security. The total volume of gas supply by 2030 will be at least 98 billion cubic meters plus 100 million tons of liquefied natural gas. The article refers to the market reforms of China’s natural gas market. A fair market competition mechanism has been implemented in natural gas exploration, production, and import. The article reviews the Chinese model of X+1+X marketization in the gas supply market. Conclusions are drawn on the positive trend of gas supply between the Russian Federation and the People’s Republic of China and on the necessity of joint legal research in order to develop the legal regulation of gas supply.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"1246 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132321206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.18254/s231243500026194-1
Lyubov I. Shevchenko
In the modern period of formation of unitization legal system it is necessary to summarize the world experience of conclusion and use of unitization agreements in the development of hydrocarbon deposits, maritime spaces, their delimitation between neighboring and opposite states. This article reviews the peculiarities of the approach to the problems of determining the relations of cooperation of the Russian Federation with certain states in the delimitation and use of adjacent maritime spaces in order to use them effectively and efficiently and to avoid negative impact on the environment. Relations in this area should be based on general principles of international unitization, which requires generalization of world practice in this field, creation of the legal framework of unitization agreements on this basis both at the international and national level promoting the harmonization of interests of all participants in development, the development of transboundary fields in the most effective and efficient way, and the decrease of negative impact on the environment.
{"title":"Соглашения Российской Федерации с отдельными зарубежными странами по разграничению и освоению сопредельных участков морских пространств, их значение для развития системы юнитизационного законодательства","authors":"Lyubov I. Shevchenko","doi":"10.18254/s231243500026194-1","DOIUrl":"https://doi.org/10.18254/s231243500026194-1","url":null,"abstract":"In the modern period of formation of unitization legal system it is necessary to summarize the world experience of conclusion and use of unitization agreements in the development of hydrocarbon deposits, maritime spaces, their delimitation between neighboring and opposite states. This article reviews the peculiarities of the approach to the problems of determining the relations of cooperation of the Russian Federation with certain states in the delimitation and use of adjacent maritime spaces in order to use them effectively and efficiently and to avoid negative impact on the environment. Relations in this area should be based on general principles of international unitization, which requires generalization of world practice in this field, creation of the legal framework of unitization agreements on this basis both at the international and national level promoting the harmonization of interests of all participants in development, the development of transboundary fields in the most effective and efficient way, and the decrease of negative impact on the environment.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133421914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.18254/s231243500026190-7
Nadezhda A. Valentukevich
To date, the procedure for concluding a power supply contract is sufficiently detailed and rarely gives rise to questions. In practice, however, there are exceptional situations that require a more thorough analysis of both the documents submitted by consumers for concluding power supply contracts and the current laws. One such situation is the conclusion of a power supply contract for inherited property. The article analyzes the problematic aspects of law enforcement in concluding power supply contracts for inherited property and suggests ways to address them. For example, considering the legality of refusal to conclude a power supply contract with an heir who has applied to a power supply organization during the period of inheritance acceptance (6 months), the author states the legal uncertainty, points out the risks associated with the refusal, proposes solutions and makes suggestions on how to improve the current laws on the electric power industry.
{"title":"Problematic Aspects of Law Enforcement Practice in Conclusion of a Power Supply Contract for Inherited Property","authors":"Nadezhda A. Valentukevich","doi":"10.18254/s231243500026190-7","DOIUrl":"https://doi.org/10.18254/s231243500026190-7","url":null,"abstract":"To date, the procedure for concluding a power supply contract is sufficiently detailed and rarely gives rise to questions. In practice, however, there are exceptional situations that require a more thorough analysis of both the documents submitted by consumers for concluding power supply contracts and the current laws. One such situation is the conclusion of a power supply contract for inherited property. The article analyzes the problematic aspects of law enforcement in concluding power supply contracts for inherited property and suggests ways to address them. For example, considering the legality of refusal to conclude a power supply contract with an heir who has applied to a power supply organization during the period of inheritance acceptance (6 months), the author states the legal uncertainty, points out the risks associated with the refusal, proposes solutions and makes suggestions on how to improve the current laws on the electric power industry.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"246 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129698633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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