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On the Legal Regulation of the Fuel and Energy Complex Functioning in Extreme Conditions: General Approaches (on the Example of the Coronavirus Pandemic 极端条件下燃料和能源综合体的法律监管:一般方法(以冠状病毒大流行为例
Pub Date : 2021-01-14 DOI: 10.18572/2410-4396-2020-4-76-83
M. Kleandrov
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.
作者回顾了在冠状病毒大流行的极端时期,俄罗斯联邦燃料和能源综合体公共关系的法律规制问题。提交人的结论是,无论是在行动计划安排方面,还是在立法和监管控制方面,俄罗斯还是任何其他国家都没有做好应对大流行病的准备。除此之外,这对燃料和能源综合体公司的业绩产生了负面影响。为了彻底解决这一问题,文章提出了三种选择,并充分考虑到不可能排除2020年冠状病毒大流行或其他全球自然或人为灾难的潜在下一波。该研究由俄罗斯基础研究基金会资助,研究项目编号20-011-00270。
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引用次数: 0
ON CONCEPT OF “OIL” IN THE RUSSIAN LEGAL SYSTEM AND IN THE LAWS OF FOREIGN COUNTRIES 论俄罗斯法律体系和外国法律中的“石油”概念
Pub Date : 2021-01-14 DOI: 10.18572/2312-4350-2020-4-29-32
V. Gusyakov
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.
目前,俄罗斯的国内生产总值主要由与石油销售有关的收入组成。与此同时,俄罗斯现行法律没有对石油的定义,而在包括哈萨克斯坦、吉尔吉斯斯坦、塔吉克斯坦和乌克兰在内的邻国,法律中有这样的定义。在俄罗斯,已在联邦和区域两级作出许多努力,详细管制与石油有关的公共关系。然而,这些倡议总是面临反对,尽管事实上,即使在今天,俄罗斯与石油有关的法律制度并不全面。作者认为有必要对石油制定一个立法定义,并试图提供这样一个定义。当不同层次的法律实体(无论是私人公司还是代表国家的公共当局)之间产生争议时,石油的定义可能特别重要,因为即使是基本概念在不同的国家法律体系中也可能在其法律含义上不一致。
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引用次数: 0
Legal Support of Digitalization in the Wholesale Electricity and Capacity Market 数字化在电力批发和容量市场的法律支持
Pub Date : 2021-01-14 DOI: 10.18572/2410-4396-2020-4-105-110
Nadezhda V. Koropets
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.
电力工业的主要目标是为电力系统提供不间断和可靠的运行,以满足电力需求。在批发电力和容量市场引入数字技术的目的是提高其运行的效率、安全性和连续性。笔者着重分析了数字化在电力批发市场和容量市场的法律支持特点,提出了将试点法律制度扩大到电力批发市场和容量市场的可能性。在考虑信息安全问题时,考虑到市场参与者不仅可能因实施安全威胁而遭受财务和声誉损失,而且还可能对人的生命和健康、环境和市场基础设施造成损害。作者的结论是,有必要制定对电子软件系统所有者和用户利益的法律保护手段,并对批发电力和容量市场中进行的自动化行为进行法律监管。这项研究是在RFBR科学项目No. 20-311-90034的财政支持下进行的。
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引用次数: 1
ON DEVELOPMENT TRENDS OF CORPORATE REGULATION IN THE RUSSIAN FEDERATION AND ABROAD 论俄罗斯联邦及国外公司监管的发展趋势
Pub Date : 2020-10-08 DOI: 10.18572/2410-4396-2020-3-64-68
Andrey G. Lisitsin-Svetlanov
Energy law, just like some other complex law branches, serves to regulate a number of relations that are cross-disciplinary in nature. Cross-disciplinary interrelations with such law branches as anti-trust and corporate law are the most evident. Many studies on corporate law have been published up to date. However, only few of the numerous publications focus on specific issues of corporate regulation. Therefore, the monograph edited by V.V. Romanova, LL.D., Topical Issues and Tasks of Corporate Law, is undoubtedly of interest. It addresses two problems: the legal regulation of corporate governance in predominantly state-owned companies and the legal regulation of greenmail prevention. So far, these problems, while clearly of concern for both practice and research, have not been duly examined in the Russian literature. The applicability of this study stems from the fact that state companies and companies with significant state participation have taken the lead over the years of new Russian economy development. It can hardly be viewed as a typical model for a country building a market-based economy and, therefore, for the law of a market economy. As for the greenmail issue, answers to the arising questions can also be found in the legal plane of the economic life that is still new for Russia.
能源法,就像其他一些复杂的法律分支一样,用于规范一些跨学科的关系。与反垄断法和公司法等法律分支的跨学科相互关系最为明显。到目前为止,已经发表了许多关于公司法的研究。然而,在众多出版物中,只有少数关注公司监管的具体问题。因此,由罗曼诺娃法学博士编辑的专著《公司法的课题与任务》无疑是值得关注的。它解决了两个问题:以国有企业为主的公司治理的法律规制和防止绿色邮件的法律规制。到目前为止,这些问题虽然显然是实践和研究的关注,但在俄罗斯文献中还没有得到适当的研究。本研究的适用性在于,在俄罗斯新经济发展的这些年里,国有企业和具有重大国家参与的企业一直处于领先地位。它很难被视为一个建立市场经济的国家的典型模式,因此也很难被视为市场经济规律的典型模式。至于greenmail问题,在经济生活的法律层面也可以找到答案,这对俄罗斯来说仍然是新的。
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引用次数: 1
Objectives of Further Development of the Legal Regulation of Energy Resource Usage for Energy Law and Order Enhancement 进一步发展能源利用法律规制促进能源法制建设的目标
Pub Date : 2020-10-08 DOI: 10.18572/2410-4396-2020-3-69-72
V. Romanova
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.
能源法律制度的性质、对能源质量的要求、计量、开采、生产、交付、运输、储存、定价、海关监管等是能源法的基本问题。能源作为能源法范围内社会关系的主要对象,其使用的法律规制的确定性直接影响到能源法主体之间在国内和国际层面的利益平衡。除了关于核能使用的统一规定外,国际上对能源法律制度规定的统一程度仍然很低。由于能源资源的特殊性,国家和国际统一主要采用基于行业的方法进行。进一步发展对能源使用的法律监管,完善能源法律制度,特别是考虑到创新节能、节能技术的应用,确保反恐安全,以及能源基础设施的工业安全,都需要在这方面进行法律研究。对其他国家关于能源法律制度的规定进行比较法律研究将特别有价值。这篇文章可以用于进一步研究这个主题,用于教育目的。
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引用次数: 1
Topical Issues of the Improvement of Legal Regulation in the Sphere of Subsoil Use 完善底土利用领域法律规制的热点问题
Pub Date : 2020-10-08 DOI: 10.18572/2312-4350-2020-3-30-36
R. Salieva
This article examines issues pertaining to the improvement of the legal regulation of subsoil use relations in the Russian Federation. It contains specific proposals on the improvement of subsoil use law. The purpose of the legal regulation of subsoil use relations shall be enshrined in the Russian Law “On Subsoil” according to the objectives of the state energy policy for subsoil use and state subsoil fund management. The Law “On Subsoil” needs to reflect the subsoil use goals of the state described in Russia’s Energy Strategy until 2035. It seems reasonable to include a section containing basic terms and definitions used in the subsoil legislation into the Law “On Subsoil”. It is important to make sure the Law “On Subsoil” contains a rule stating that a license agreement is an integral and mandatory part of a license to help streamline the legal regulation of subsoil use licensing. It is advisable to reinforce the Russian Law “On Subsoil” and codify state control and regulation principles.
本文审查了与改进俄罗斯联邦地下土地使用关系的法律规定有关的问题。提出了完善底土使用法的具体建议。根据国家能源政策对地下利用和国家地下基金管理的目标,对地下利用关系进行法律规制的目的应体现在俄罗斯《关于地下的法律》中。“底土法”需要反映俄罗斯2035年能源战略中所描述的国家底土利用目标。在《关于底土的法律》中列入一个载有底土立法中使用的基本术语和定义的章节似乎是合理的。重要的是要确保“关于底土”的法律包含一项规则,说明许可协议是许可的一个组成部分,以帮助简化底土使用许可的法律法规。应加强俄罗斯《底土法》,将国家调控原则法典化。
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引用次数: 0
CHALLENGES AND TASKS OF THE LEGAL REGULATION OF ELECTRIC POWER AND CAPACITY TRADING IN THE WHOLESALE MARKET 批发市场电力与容量交易法律规制的挑战与任务
Pub Date : 2020-10-08 DOI: 10.18572/2410-4396-2020-3-97-102
Nadezhda V. Koropets
The legal regulation of trading in the wholesale electric power and capacity market is based on the Law on the Electric Power Industry and the Wholesale Electric Power and Capacity Market Regulations. The peculiarities of legal regulation established by the Federal Law “On Insolvency (Bankruptcy)” should also be considered. As of March 17, 2020, the List of Wholesale Market Actors Undergoing Bankruptcy Proceedings included 40 companies. Poor payment behavior in the wholesale electric power and capacity market is one of the main issues. Failure to pay does not only affect the settlement status in the market, but also leads directly to an unscrupulous market player being declared insolvent. In this case, the existing legal regulation does not guarantee protection against wholesale electric power and capacity market transactions being disputed unreasonably. It seems that the best way to prevent transactions from being disputed in bad faith is to amend the current revision of Article 61.4 of the Bankruptcy Law by adding provisions stating in which cases transactions required by the wholesale electric power and capacity market rules cannot be disputed.
电力和容量批发市场交易的法律规制依据是《电力工业部法》和《电力和容量批发市场条例》。还应考虑到《关于破产(破产)的联邦法》所规定的法律条例的特点。截至2020年3月17日,进入破产程序的批发市场参与者名单包括40家公司。电力批发市场和容量市场的不良支付行为是主要问题之一。不支付不仅会影响市场的结算地位,还会直接导致无良的市场主体被宣告破产。在这种情况下,现有的法律法规并不能保证对批发电力和容量市场交易的不合理争议提供保护。防止交易恶意争议的最好方法是修改《破产法》第61.4条,增加对电力批发和容量市场规则要求的交易不能进行争议的规定。
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引用次数: 0
LONG-TERM AND SHORT-TERM EXPORT CONTRACTS FOR NATURAL GAS SUPPLY 天然气供应的长期和短期出口合同
Pub Date : 2020-10-08 DOI: 10.18572/2312-4350-2020-3-51-56
Sergey S. Koshman
Natural gas is exported in accordance with the terms and conditions of foreign trade contracts between the seller and the buyer. Research into the execution procedure, terms and conditions of such contracts has both theoretical and practical value. The importance of a foreign trade contract for relations between the parties cannot be overemphasized as its scope determines and legally binds the parties for the achievement of their respective goals. When entering into foreign trade contracts, the parties should consider the impact of natural gas extraction, processing, transportation, storage processes on terms of foreign trade transactions with natural gas. These terms are especially important for long-term natural gas export contracts which are considered to be the traditional form of natural gas trading. However, more recently, forms of foreign trade contracts for natural gas export used to interact with foreign buyers have become more diversified. Natural gas trading under short-term contracts using electronic trading platforms is becoming increasingly important. In this article, the author examines the key peculiarities of such contracts, defines basic advantages and disadvantages of using various contract forms for natural gas export.
天然气是按照卖方和买方之间的对外贸易合同的条款和条件出口的。研究此类合同的执行程序、条款和条件具有理论和实践价值。对外贸易合同对双方关系的重要性怎么强调都不为过,因为它的范围决定了双方实现各自目标的法律约束力。当事人在订立对外贸易合同时,应当考虑天然气开采、加工、运输、储存等过程对天然气对外贸易交易条件的影响。这些条款对于长期天然气出口合同尤其重要,因为长期天然气出口合同被认为是天然气贸易的传统形式。然而,最近,用于与外国买家互动的天然气出口外贸合同形式变得更加多样化。利用电子交易平台进行短期合约天然气交易正变得越来越重要。本文分析了天然气出口合同形式的主要特点,明确了天然气出口合同形式的基本优缺点。
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引用次数: 1
Issues of the Legal Regulation of Energy Companies During Competitive Procurement 能源企业竞争性采购中的法律规制问题
Pub Date : 2020-10-08 DOI: 10.18572/2312-4350-2020-3-57-62
Snezhana M. Saushkina
As per Federal Law No. 223-ФЗ “On the Procurement of Goods, Works, Services by Certain Types of Legal Entities” dated July 18, 2011, energy companies may conduct procurement in accordance with the Procurement Regulation approved by the Customer. This Regulation shall comply with the basic principles of procurement activities, such as equality and fairness. The Procurement Regulation shall not contain any provisions limiting access to the bidding procedures, inter alia, by establishing unreasonable requirements for the bidders. As per the Code of Administrative Offenses and Federal Law No. 135-ФЗ “On Competition Protection” dated July 26, 2006, any bidder is entitled to seek legal redress for the violation of its interests, if it believes that anti-competitive practices are being used. However, in consideration of such disputes, it is essential to balance the interests, so that, by observing the interests of the bidders, the customers could exercise their right to receive high-quality deliverables, as well as apply one of the statutory principles aimed at the implementation of measures necessary to cut the customer’s costs.
根据2011年7月18日颁布的第223号联邦法-ФЗ《关于某些类型的法律实体采购货物、工程和服务》,能源公司可以根据客户批准的采购条例进行采购。本条例应当符合采购活动的平等、公平等基本原则。《采购条例》不应包括任何限制投标程序的规定,特别是对投标人提出不合理的要求。根据2006年7月26日颁布的《行政犯罪法》和第135号联邦法-ФЗ《关于竞争保护》,任何投标人都有权为其利益受到侵犯而寻求法律补救,如果它认为反竞争行为正在被使用。然而,考虑到此类争议,必须平衡利益,以便通过观察投标人的利益,客户可以行使其获得高质量交付物的权利,并适用旨在实施必要措施的法定原则之一,以降低客户的成本。
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引用次数: 0
The Peculiarities of Energy Trade on Digital Platforms Using Unconventional Contract Structures 非常规合约结构下数字平台能源交易的特殊性
Pub Date : 2020-10-08 DOI: 10.18572/2410-4396-2020-3-78-84
L. Shevchenko, T. R. Kulakhmetov
Digitalization shall spur the development of market mechanisms and competition, especially in retail electricity markets, by making information available to all stakeholders, including regulators and consumers. It will be difficult to implement initiatives to make sure consumer demands are met at all times without studying global practices of using unconventional contract structures in the energy sector and the impact of the energy transition on public relations. At the same time, the absence of an effective regulatory framework that would allow us to take full advantage of unconventional contract structures for their further application in the energy sector can result in technological inferiority in key areas of the smart energy sector in terms of both technology and standardization. As the Russian regulatory framework for the regulation of public relations using unconventional contract structures is still in its infancy, it makes sense to turn our attention to other countries’ distributed generation development regulation practices that gave impetus to change the industry and use digital platforms.
数字化将通过向包括监管机构和消费者在内的所有利益相关者提供信息,促进市场机制和竞争的发展,特别是在零售电力市场。如果不研究在能源领域使用非常规合同结构的全球实践,以及能源转型对公共关系的影响,就很难实施确保消费者需求始终得到满足的举措。与此同时,缺乏有效的监管框架,使我们能够充分利用非常规合同结构在能源领域的进一步应用,这可能导致智能能源领域关键领域在技术和标准化方面的技术劣势。由于俄罗斯使用非常规合同结构对公共关系进行监管的监管框架仍处于起步阶段,因此将我们的注意力转向其他国家的分布式发电发展监管实践是有意义的,这些实践推动了行业变革和使用数字平台。
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引用次数: 0
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Energy law forum
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