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No 3 (2020)
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EXPERT OPINION

24-30 464
Abstract
Despite the seemingly active development of legal regulation of the heat energy market, there are gaps and contradictions in the legal regulation, in the legal provision of competition in the heat energy market, which draw the attention of representatives of the expert community and government agencies. A significant number of legal disputes in the field of heat supply and acts of the constitutional Court of the Russian Federation also indicate problems in legal regulation. Based on the results of legal analysis of legal regulation and law enforcement practice, proposals were made to introduce the following provisions into the model of legal regulation: maintaining a register of companies that sell heat energy, including data on the financial, technological, and personnel status; licensing the activities of companies that sell heat energy; licensing of companies that provide services to heat networks and heat supply facilities, including heat‑receiving equipment for consumers; introduction of a system for intelligent accounting of heat consumption.
31-47 786
Abstract
The article analyzes the draft energy strategy of Russia for the period up to 2035, its relationship to other strategic planning documents. The authors focus on the problems of innovative development of the fuel and energy sector for the planned period and the reflection of environmental safety issues in the draft of the new energy strategy.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ПРАВОВОЕ РЕГУЛИРОВАНИЕ НЕДРОПОЛЬЗОВАНИЯ В ТЭК

48-55 390
Abstract
The article presents the results of the analysis of legislation and practice of its application in the sphere of legal regulation of relations on the design of oil field development, including fields with hard‑to‑recover minerals. It is noted that the definition of «hard‑to‑recover minerals «is not fixed in the regulatory documents. To develop the concept of «hard‑to‑recover mineral deposits», it is necessary to attract special knowledge from the field of Geology, Economics of the geological industry. Signs of oil deposits (as well as other minerals) located in specific geological conditions, for example, in shale formations; at great depths in the earth’s interior, and therefore requiring special technological and technical solutions for their extraction, it is advisable to fix at the level of law. In this regard, special design rules are required for deposits containing hard‑to‑recover minerals. In order to implement the main provisions of the Energy strategy, the state should ensure systematic and comprehensive legal regulation of economic (business) relations in the field of oil production by adopting a special law.
56-65 391
Abstract
In the article system of territorial planning in the power industry are examined, territorial planning within the system of strategic planning of the power industry is situated. It’s shown that the main objective of territorial planning in the power industry is the long‑term reservation areas necessary for the next location of energy facilities planned for construction and renovation. The author considers main problems of territorial planning in the power industry are the high level of technological and environmental hazards of the majority of planned energy facilities, the necessity to establish areas with special circumstances, when the use of land and plots of land is restricted, the lack of legal mechanism ensuring compliance with environmental requirements when the location of energy facilities are determined.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ЭКОЛОГИЧЕСКАЯ БЕЗОПАСНОСТЬ ТЭК

66-76 526
Abstract
In conditions of increased danger of facilities and activities for the extraction (processing) of coal (oil shale), there are objective needs to ensure the coal industry fuel and energy complex of energy and environmental security. The article deals with the problems of consistency of strategic planning documents, legislation, Federal rules and regulations that define targets, indicators and legal measures aimed at ensuring industrial safety in the coal industry and reducing its negative impact on the environment, health of employees and the population.
77-85 640
Abstract
The article examines the issues of theory and practice of compensation for environmental damage, and formulates its concept. Attention is drawn to the features of compensation of harm to the environment in the context of judicial practices, discusses the legal position of the constitutional Court of the Russian Federation and the Supreme Court, the conclusion about inadmissibility of adoption subjects of the Russian Federation normative acts regulating compensation of harm to the environment at rates and methods. The conclusion that harm to human life, health and property caused by the negative impact of the environment (secondary or ecogenic harm) can be compensated in three different ways: insurance; in court; in public.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ЭНЕРГЕТИЧЕСКАЯ БЕЗОПАСНОСТЬ

86-95 907
Abstract

The article discusses modern problems of ensuring national and international energy security, related to the increasing threats in cyberspace. A cyberattack on the critical infrastructure of countries (electric power industry) is one of the tools of political pressure, causing significant indiscriminate damage that undermines statehood. Particular attention is paid to the risks of the impact of cyber technologies on the state’s electric power system. The authors formulate a conclusion about the need to intensify the process of international law‑making in fixing the legal boundaries of the use of information and communication technologies.

An analysis of international legal documents, russian and foreign legal acts allows us to identify common for all countries challenges to energy security and the features of national approaches in the implementation energy policy, the main direction of which today is to ensure cybersecurity in the energy sector of the country’s economy.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ПРАВОВОЕ РЕГУЛИРОВАНИЕ ФУНКЦИОНИРОВАНИЯ ТЭК

96-105 385
Abstract
The article analyzes the formation of the contractual communication structure in the electric power industry after its reform in the Russian Federation. The electric power industry in the USSR was built on the basis of technological unity. This principle was violated as a result of the privatization of the energy sector. At the organizational level have been produced: a parallel gap of the joint electricity producer; series‑parallel gap of transmission; the functional gap of electricity transmission; electricity market is divided into wholesale and retail. A large number of intermediaries were created. In the future, a special structure of contractual relations was created, which was mandatory. The conclusion of contracts for energy companies became mandatory; contracts became standard; pricing was mandatory. This was done on the basis of the principle of technological unity of the electric power industry, which allowed the author to draw a conclusion about the administrative and legal nature of the structure of contractual relations in the electric power industry.
106-115 364
Abstract
The article analyzes the terms of the Grid Connection Agreement established by the Grid Connection Regulation with regard to the provisions on liability of the parties. Thus, according to the Grid Connection Regulation, the applicant’s right to unilaterally rescind the contract, the penalty, the obligation to reimburse legal expenses and the right of the network organization to apply to the court for the contract termination in cases provided for in the Regulation relate to the parties liability measures. The provisions stipulated by the Regulation do not generally apply to civil liability, which leads to confusion of legal concepts. The relations of the parties to the Grid Connection Agreement are subject to liability measures established by the general rules, namely, penalty and damages.
116-124 793
Abstract

Energy markets are an organizational and economic mechanism that ensures the functioning of the sphere of circulation of energy resources, organized according to the laws of commodity production. Energy is nothing more than a material carrier of the energy transferred in the process of planning of activity of subjects of FEC fuel and energy balances of fuel as a unit of measurement of the amount of energy in a particular energy resource. Economic relations for the supply of energy resources are formed in two main forms‑supply through the connected network and supply. In energy and gas supply, the phase of energy circulation in time essentially coincides with the phase of its production, which determines the direct impact and determining influence of the mode of energy consumption on the mode of its production. The expansion of the sphere of circulation to the sphere of consumption leads to the fact that the consumption of energy resources itself becomes an «act of trade». The consumer purchases an energy resource with an easement of participation directly by the state (state agencies) or commercial energy supply organizations in its use. The form of such participation is operational dispatch management carried out by the specified bodies in the energy sector. The unified energy Fund of the Russian Federation and energy funds of other levels are property economic and legal entities, economic and legal institutions, the existence of which can become a significant argument in favor of energy law as an independent industry.
The interconnection of transmission and consumption of energy resources with the latter’s defining role in the conditions of centralized operational dispatch management of the supply regime gives a synergistic effect in the form of organic interaction of public and private law relations in relations on energy supply.
The specificity of public‑legal relations in the field of energy supply consists in their «introduction» into private‑law relations, to the extent of organic interaction and functioning as a whole.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ЗАРУБЕЖНЫЙ ОПЫТ

125-134 515
Abstract
Author analyzes the history and current laws of the United States on renewable energy. Based on a comparative analysis of Russian and American law, the author discusses the need to develop Russian laws on renewable energy sources on the federal and federal subjects level. These laws should create a flexible system of economic incentives for the development of energy production from renewable energy sources as a promising energy sector of the 21st century.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ОТВЕТСТВЕННОСТЬ В СФЕРЕ ЭНЕРГЕТИКИ

135-150 447
Abstract
In the context of protecting the rights of entrepreneurs, the authors investigate the problem of determining the legal nature of such an act of reaction to an offense as a warning. The lack of a proper understanding of the nature of the warning determines the problems associated with the announcement of the warning, provided for By the law on the Prosecutor’s office and various Federal laws. Analysis of the practical implementation of these rules has shown a lack of necessary clarity and unambiguity of the regulations. The lack of a unified doctrinal approach to understanding the essence of the warning against violation of requirements is another confirmation of this. Having identified and analyzed the essential properties of the warning and its basis, the authors conclude that by its legal nature, the warning is a nonnormative legal act and can be challenged in court, which is confirmed by relevant examples of judicial and prosecutorial practice. Current legal provisions that obscure the obligation of the addressee to comply with the warning are subject to adjustment in order to ensure legal certainty.

TRIBUNE FOR YOUNG SCIENTIST

151-157 456
Abstract
In the context of the development of the domestic energy industry, the legal regulation of corporate governance of companies with state participation is of particular importance for the effective operation of companies of this type.
Legal support for the development of the Institute of corporate governance is an important task for both domestic and foreign legislators.
A special approach to the development of this institution has developed in the people’s Republic of China, where the traditional model of legal regulation of corporate governance is observed in energy companies with state participation, which, in turn, is in constant development as a result of the integration of the economic activities of such companies into international trade.
The research reveals the specifics of implementing corporate governance in companies with state participation under the laws of the people’s Republic of China, as well as a comparative legal analysis of the organizational and legal forms of corporate governance entities under Chinese and Russian legislation.
158-164 416
Abstract
In this article, the author concludes that the institution of plenipotentiaries of the President in the federal districts is a legal tool of the President of Russia, which was created to facilitate the exercise of his powers in the federal districts, which can and should be applied in the process of monitoring the implementation of the Development Strategy Implementation Plan mineral resource base of Russia until 2035, even despite the fact that authorized representatives in federal districts are not indicated in the text of the Strategy as part of controlling persons. The territorial bodies of the Federal Subsoil Use Agency (Rosnedra), established at the level of federal districts, should be the conductors of this control: the provisions on the establishment of territorial bodies of the Rosnedra at the level of federal districts contain regulatory provisions that allow direct interaction with the Presidential plenipotentiary representatives in federal districts. In addition, Presidential Decree No. 849 of May 13, 2000, which established federal districts and plenipotentiaries, directly indicates the possibility of plenipotentiaries to monitor the implementation of orders of the Government of Russia — the Strategy was approved in the form of a government order.
165-173 479
Abstract
The article is devoted to the analysis of the current legislation and law enforcement practice in the field of technical regulation in the construction and operation of linear facilities of the oil and gas complex. In the result of the study identifies the main ecological and legal problems in the construction and operation of linear oil and gas facilities, proved the value of the sphere of technical regulation in ensuring environmental and industrial safety, and formulates the key problems of legal regulation and proposes comprehensive measures for their solve.
174-178 494
Abstract
The article presents a legal analysis of the features of contractual regulation in the use of renewable energy sources in the Russian Federation and foreign countries. It is noted that in the modern period, the sphere of contractual regulation of relations arising from the use of renewable energy sources remains insufficiently studied, which is why it is necessary to conduct legal research in this area, study the experience of contractual regulation in the field of electricity abroad. For the purposes of developing legal regulation, the author proposes a conditional classification of contracts on various grounds.
179-186 489
Abstract
Directive on preventive restructuring 1023/2019 (hereinafter referred to as the Directive) guarantees the right of bona fide and prospective commercial entities (hereinafter‑debtors) to initiate a preventive restructuring procedure in the absence of signs of bankruptcy, subject to the mandatory consent of the debtor and the majority of creditors, while, if the disagreement of the majority of creditors is not economically justified, the procedure can be approved by the authorized body (hereinafter — the court). The purpose of the procedure is to prevent bankruptcy in advance. A significant common characteristic of preventive restructuring and bankruptcy proceedings is the collective extension of legal consequences to all creditors, including those who disagree, because a single legal will is economically necessary to achieve the goal. In addition, it prohibits any of the creditors, including those from the dissenting minority, from starting enforcement proceedings (bankruptcy proceedings or enforcement proceedings) at a certain period, even if there are grounds provided for by law, since the legal consequences apply to all creditors, which ensures the incentive and effectiveness of the measures taken and avoids a conflict of creditors due to different assessments of the economic situation and prospects of the debtor.

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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)