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Concept of Radioactive Waste and Spent Nuclear Fuel in the EU Law. Advantages of Using Spent Nuclear Fuel 欧盟法律中放射性废物和乏核燃料的概念。使用乏核燃料的优点
Pub Date : 2023-06-01 DOI: 10.18254/s231243500024949-1
Y. V. Lebedeva, O. Muratov
The formation of the unified legal terminology “radioactive waste”, “spent nuclear fuel” and the legal regulation of radioactive waste and spent nuclear fuel management in the European Union law started in 1992 and was completed in 2011 with Directive 2011/70/Euratom, which became the key legal act for further development of radioactive waste and spent nuclear fuel management as an object of legal regulation in European Union law. The methods of scientific knowledge based on dialectical and historical materialism, the methods of logical, system-structural and comparative legal analysis were used in the research. With a unified legal toolkit, Directive 2011/70/Euratom has created a legal framework for a more intensive integration of the Member States of the European Union in the nuclear power industry, which further strengthens the unified European nuclear industry. At the same time, it exposed the contradictions between the Member States of the European Union in their approach to the use of spent nuclear fuel. The struggle between the proponents of a closed and open nuclear fuel cycle in European Union law continues. These different approaches are reflected in the laws of the Member States of the European Union, which apply them in their nuclear industries. A compromise has been reached through Directive 2011/70/Euratom. However, proponents and opponents of a closed nuclear fuel cycle continue to argue about its economic and environmental feasibility. At the same time, new technologies for reprocessing spent nuclear fuel have already demonstrated their tangible economic benefits and environmental safety in practice.
欧盟法律中“放射性废物”、“乏核燃料”统一法律术语的形成,以及对放射性废物和乏核燃料管理的法律规制始于1992年,并于2011年以2011/70/Euratom指令完成,该指令成为欧盟法律进一步发展放射性废物和乏核燃料管理作为法律规制对象的关键法律行为。运用了以辩证唯物主义和历史唯物主义为基础的科学知识方法、逻辑分析方法、系统结构分析方法和比较法律分析方法。通过统一的法律工具包,2011/70/Euratom指令为欧盟成员国在核电工业中的更深入整合创造了法律框架,进一步加强了统一的欧洲核工业。与此同时,它暴露了欧洲联盟成员国在使用乏核燃料的方式上的矛盾。在欧盟法律中,支持封闭和开放核燃料循环的人之间的斗争仍在继续。这些不同的方法反映在欧洲联盟成员国的法律中,这些法律将这些方法应用于其核工业。通过指令2011/70/Euratom达成了妥协。然而,封闭式核燃料循环的支持者和反对者继续争论其经济和环境可行性。与此同时,乏燃料后处理新技术已在实践中显示出切实的经济效益和环境安全性。
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引用次数: 0
Legal Aspects Of Enforcing The Rights Of Gas Pipeline Title Owners When Performing Works On Land Plots Owned By Others 在他人拥有的土地上进行工程时,执行天然气管道业权人权利的法律问题
Pub Date : 2023-06-01 DOI: 10.18254/s231243500026193-0
Roman G. Tsyganovsky
This article is dedicated to a complex study of the issues of protection of rights of title gas pipeline holders (gas pipeline owners and gas pipeline operating companies) in performance of engineering works on gas transmission network sections located within the boundaries of land plots owned by others. Considering the special nature of a gas transmission network as a source of increased danger and a hazardous industrial facility, the author believes that one of the priority areas of gas pipeline operation is regular diagnostics and maintenance as well as in-process current (emergency) repair performed to avoid any breakdowns of the normal operation mode of the gas transmission network and causing of damage to lives, health and property of third parties. Taking into account these circumstances and the specifics of legal regulation of gas pipeline operation, the author of the article singles out the legal problem that lies in the ambiguity of approaches to the solution of the issue of provision of the title gas pipeline holder with access to the operated section of the gas transmission network if such facility is located within the boundaries of a land plot not owned by the gas pipeline holder. In order to solve this problem, the author performs a systemic analysis of the applicable laws of the Russian Federation and the legislative practice of some foreign countries and singles out three key concepts of provision of access to a gas pipeline located at a land plot owned by another person; such concepts include an opportunity to establish private or public easement and imperative proclamation of the unconditional right of the gas pipeline holder to unrestricted access to any section of the operated gas transmission network irrespective of the ownership of land plots such sites are located at. The author gives a systemic evaluation of each of the mentioned conceptual approaches; based on such evaluation, the author brings forward recommendations for improvement of the applicable laws to comply with the proclaimed principle of ensuring energy security of the Russian Federation.
本文致力于对天然气管道所有者(天然气管道所有者和天然气管道运营公司)在位于他人拥有的地块边界内的天然气输送网络部分进行工程施工时的产权保护问题进行复杂研究。考虑到燃气管网作为危险源和危险工业设施的特殊性,笔者认为燃气管网运行的优先领域之一是定期诊断和维护,以及在过程中进行电流(紧急)修理,以避免燃气管网正常运行模式的中断,避免对第三方的生命、健康和财产造成损害。考虑到这些情况和天然气管道运营的法律规定的具体情况,本文的作者指出了一个法律问题,即如果天然气管道所有者的设施位于非天然气管道所有者拥有的土地边界内,则提供天然气管道所有者进入天然气输送网络运营部分的所有权问题的解决方法含糊不清。为了解决这一问题,作者对俄罗斯联邦的适用法律和一些国家的立法实践进行了系统的分析,并提出了在他人拥有的土地上提供通往天然气管道的三个关键概念;这些概念包括建立私人或公共地役权的机会,以及必须宣布天然气管道持有人无条件地不受限制地进入运营的天然气输送网络的任何部分的权利,而不管这些地点所处土地的所有权如何。作者对上述每一种概念方法都进行了系统的评价;在这种评价的基础上,作者提出了改进适用法律的建议,以符合所宣布的确保俄罗斯联邦能源安全的原则。
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引用次数: 0
Quasi-Divisional Regulatory Legal Acts in Energy Law 能源法中的准分区调节性法律行为
Pub Date : 2023-06-01 DOI: 10.18254/s231243500026187-3
M. T. Khamidullin
In this article, the author reviews the existing views of legal theoreticians on internal acts of legal entities that have been lately acknowledged by legal publications as independent law sources. The paper singles out the main attribute that gives local acts of legal entities the statutory regulation quality, being the delegation of statutory regulation issuance powers to the company by the law or sanctioning by means of approval by a competent state authority. The author suggests that legal acts of legal entities issued without the delegation right or approval by the state but having statutory qualities should be reviewed on a standalone basis, as a separate law source. The article notes that a characteristic feature of such acts is their issuance by subjects of natural monopolies created as a result of market economic reforms held in Russia in the late 20th century based on branch ministries governing separate national economy sectors (electrical energy industry, gas and oil transportation system). It is the first case in legal publications when the author that makes an attempt at understanding the nature of these acts concludes that they differ from corporate and departmental acts. Due to the fact that law making by subjects of natural monopolies was actually replacing regulatory activities of ministries and other state departments, the author suggests naming the documents they issue quasi-divisional legal acts. Based on the obtained results, the author words the concept of quasi-divisional legal acts in the energy law as one of law sources.
在本文中,作者回顾了法律理论家对法律实体内部行为的现有观点,这些行为最近被法律出版物承认为独立的法律来源。地方法人行为具有法定规制性质的主要属性是法定规制发行权由法律授予公司或经国家主管机关批准予以制裁。建议对未经国家授权或批准但具有法定性质的法人的法律行为,作为单独的法律渊源进行单独审查。文章指出,此类行为的一个特征是,这些行为是由自然垄断主体发布的,这是20世纪后期俄罗斯市场经济改革的结果,其基础是管理不同国民经济部门(电力能源工业、天然气和石油运输系统)的分支部门。这是法律出版物中第一个试图理解这些行为性质的作者得出结论认为它们不同于公司和部门行为的案例。由于自然垄断主体的立法实际上取代了部委和其他国家部门的监管活动,作者建议将他们发布的文件命名为准分区法律行为。在此基础上,笔者将能源法中的准分割法律行为概念作为法律渊源之一加以表述。
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引用次数: 0
Imposition of Administrative Sanctions for Negligent Damage to Heat Networks and Fuel Lines (Gas Pipelines): Issues of Qualification and Subjects of Jurisdiction 供热管网和燃料管线(燃气管线)过失损害行政处罚:资格问题和管辖对象
Pub Date : 2023-06-01 DOI: 10.18254/s231243500026186-2
M. M. Ismagilova
Security of the state associated with safe operation of fuel pipelines, oil pipelines, petroleum product pipelines, gas pipelines and guarantees of protection of health, protection of the environment, protection of lawful economic interests of individuals and legal entities, the society and the state depends on actions of officials in charge of bringing to the administrative liability for illegal actions related to damaging of heat networks, fuel pipelines (gas pipelines). The article reviews features of qualification of an administrative offense for negligent damaging of heat networks, fuel pipelines (gas pipelines). The study points out that the administrative offense laws need to be amended by exclusion of powers of police officers to make protocols under the reviewed article and leaving such powers exclusively in the jurisdiction of employees of the federal executive authority that performs the federal state supervision in the industrial safety sphere provided that such employees have the right to review an administrative offense case under Article 9.10 of the Administrative Offense Code of the Russian Federation, which is confirmed by the judicial practice and their qualification.
与燃料管道、石油管道、石油产品管道、天然气管道的安全运行有关的国家安全,以及保护健康、保护环境、保护个人和法人、社会和国家的合法经济利益的保障,取决于负责对与破坏热网、燃料管道(天然气管道)有关的非法行为追究行政责任的官员的行动。文章论述了供热管网、燃料管道(燃气管道)过失破坏行政犯罪的认定特点。该研究指出,需要修改行政违法法律,排除警官根据所审查的条款制定议定书的权力,并将这种权力完全保留给在工业安全领域执行联邦国家监督的联邦行政机关雇员的管辖范围,前提是这些雇员有权根据俄罗斯《行政犯罪法》第9.10条审查行政违法案件联合会,这是由司法实践和他们的资格所确认的。
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引用次数: 0
Gas Law: Formation and Development 天然气规律:形成与发展
Pub Date : 2023-06-01 DOI: 10.18254/s231243500026196-3
V. Romanova
At present, the importance of gas law has increased significantly due to the demand for gas as an energy resource in domestic and foreign markets. The International Energy Agency states that, despite the clear trend to further prioritize low-carbon renewable energy sources, the use of natural gas will continue to grow strongly in the coming years in all scenarios studied by the International Energy Agency. In addition to the natural gas market, the LNG and LPG markets also continue to develop. To date, there are not many legal studies on gas law. However, representatives of legislative bodies, experts, academia and energy companies emphasize the need to improve the legal regulation of gas markets at the national and international levels. In order to fully study and develop gas law, it is advisable to conduct a number of legal studies, including comparative legal studies with foreign gas law, including the law of the member states of the Eurasian Economic Union and the law of potential importers of Russian gas.
目前,由于国内外市场对天然气作为一种能源的需求,天然气法的重要性显著增加。国际能源署表示,尽管进一步优先考虑低碳可再生能源的趋势很明显,但在国际能源署研究的所有情景中,天然气的使用将在未来几年继续强劲增长。除了天然气市场,液化天然气和液化石油气市场也在持续发展。迄今为止,关于天然气法的法律研究并不多。然而,立法机构、专家、学术界和能源公司的代表强调有必要在国家和国际一级改善对天然气市场的法律监管。为了充分研究和发展天然气法,最好进行一些法律研究,包括与外国天然气法的比较法律研究,包括欧亚经济联盟成员国的法律和俄罗斯天然气潜在进口国的法律。
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引用次数: 0
Challenging Aspects of the Legal Regulation of International Economic Activities of Gas Exporters as Parties to Exchange Trade in Gas Abroad 天然气出口商作为交换国外天然气贸易的缔约方的国际经济活动的法律监管的挑战方面
Pub Date : 2021-01-14 DOI: 10.18572/2410-4396-2020-4-111-115
Sergey S. Koshman
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.
根据俄罗斯联邦到2035年的能源战略,解决灵活应对世界天然气市场动态的任务的指标是俄罗斯联邦保持世界三大天然气出口国的主导地位。俄罗斯出口公司对在欧洲交易所进行天然气交易很感兴趣,因为天然气交易所交易为现有天然气出口机制的多样化提供了机会,并获得了高流动性的天然气销售渠道。目前,很少有法律研究致力于挑战能源外汇贸易的法律监管方面,出口公司获得外汇。目前对这一领域的法律规制存在差距和差异。作者回顾了欧洲交易所对天然气贸易关系的法律规制的特点,对交易所参与者的要求,对俄罗斯出口公司这些业务的现有限制,提出了法律规制发展建议。
{"title":"Challenging Aspects of the Legal Regulation of International Economic Activities of Gas Exporters as Parties to Exchange Trade in Gas Abroad","authors":"Sergey S. Koshman","doi":"10.18572/2410-4396-2020-4-111-115","DOIUrl":"https://doi.org/10.18572/2410-4396-2020-4-111-115","url":null,"abstract":"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.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"374 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134064216","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}
引用次数: 0
Strategic Tasks of the Development of the Main Gas Transportation Infrastructure and Challenging Aspects of the Legal Regulation of Construction of Main Gas Pipelines 天然气主要运输基础设施建设的战略任务与天然气主要管道建设法律规制的挑战
Pub Date : 2021-01-14 DOI: 10.18572/2410-4396-2020-4-116-120
Valentin A. Kotousov
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
主要天然气运输基础设施的发展以及俄罗斯联邦各组成实体在社会和经济上合理增加天然气基础设施的扩展水平,包括为住房建设用地优先供应天然气创造条件,被称为战略天然气工业发展任务。在俄罗斯联邦的一些地区,天然气基础设施的扩张水平和增长速度目前都很低。市民们认为这种情况是社会不公正的,特别是当主要的出口天然气管道位于附近时。解决与天然气基础设施扩建有关的战略任务,需要完善对天然气基础设施扩建所产生的社会关系的法律规制,而这离不开法律研究。提出了完善天然气基础设施扩建法律规制的建议,包括对单一供气运营商和天然气基础设施扩建方案的规定
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引用次数: 0
Nuclear Materials Ownership in the Russian Federation 俄罗斯联邦的核材料所有权
Pub Date : 2021-01-14 DOI: 10.18572/2410-4396-2020-4-99-104
S. A. Babich
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.
为了应对时代的挑战,“核”法律目前规范了与核材料处理、核设施运行、相关交易、核废料处理和处置、国家对核能利用的控制以及核领域的国际合作有关的安全问题。俄罗斯法律中“核”监管体系最重要的制度之一是核材料所有权制度,现代立法者将其理解为含有或能够再生可裂变核物质的材料。在巩固核材料所有权规则的基础上,进一步制定了核材料控制与核算、交易程序、核设施安全运行等方面的要求,并引入了违反这些要求的责任。当前,由于现行法律规制存在着空白和矛盾,在核材料所有者的法律地位和核材料处理理念等诸多方面都值得深入的法律分析。这些规范、结构和基本概念所采用的法律写作方法必须符合清晰、解释明确、无监管空白的标准,因此核材料所有权制度的法律监管体系需要进一步完善。
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引用次数: 0
Legal Support of Transparency of Activities of Governing Bodies of Companies of the Fuel and Energy Complex 对燃料和能源综合体公司理事机构活动透明度的法律支持
Pub Date : 2021-01-14 DOI: 10.18572/2312-4350-2020-4-33-39
Mikhail S. Gorshkov
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.
根据《俄罗斯联邦至2035年能源战略》,加强公司治理被列为燃料和能源部门发展的战略任务。为国家参股的能源企业(包括电网企业)的公司治理提供法律支持是非常重要的。在电网联合体的能源公司理事机构的活动中为透明度提供法律支持的问题也特别重要。能源公司理事机构的透明度仍然存在的一个重大问题是确定最终受益者并使其承担附属责任。在这项工作中,作者确定了在电网综合体公司理事机构活动透明度情况下出现的关键问题。将这些组织的最终受益者纳入附属责任的权宜之计是合理的,并提出了提高电网综合体组织理事机构透明度和效率的建议。
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引用次数: 0
On Strategic Tasks of the Use of Renewable Energy Sources and the Development of Legal Regulation 论可再生能源利用的战略任务与法律规制的发展
Pub Date : 2021-01-14 DOI: 10.18572/2312-4350-2020-4-22-28
V. Romanova
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.
《俄罗斯联邦能源安全原则》规定,发展国家科技潜力,在电力工业中创造和应用先进技术,包括与使用可再生能源有关的技术,是确保技术独立和提高燃料和能源综合体竞争力的主要任务。可再生能源和储能装置是指突破性技术,可能引发电力系统管理和功能的结构和技术变化,促进电力工业向新的技术基础过渡(即所谓的“能源转型”)。俄罗斯联邦电力工业进一步发展的上述战略任务需要财政支持和适当的法律规制。本文从立法层面提出了进一步发展可再生能源法律规制的建议,以填补现行法律规制的空白。
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引用次数: 0
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