The Energy Regulation and Markets Review - Stikeman Elliott

Russia
The energy sector retains a marked influence on the social situation in the country,
both as a sphere of employment and as a major factor in ensuring a comfortable lifestyle
for people living in a cold climate.
In 2010–2011, the following were also adopted and are now being implemented:
a a general plan for location of electric power facilities up to 2020–2030;
b a general plan for development of the gas industry up to 2030;
c a general plan for development of the oil industry up to 2020;
d a long-term programme for development of the coal industry up to 2030; and
e a state programme for energy efficiency and energy saving up to 2020.
II
REGULATION
i The regulators
According to the Russian Constitution, the generally recognised principles and rules of
international law and international treaties signed by Russia constitute an integral part
of the country’s legal system. If an international treaty sets out rules differing from those
established by Russian domestic law, the rules of the international treaty are applied, 3
including within the energy sector.
Russia is party to a whole series of international energy agreements with European
and Asian states, including members of the Commonwealth of Independent States.
Close contractual cooperation is implemented in the energy sphere within the scope of
the Customs Union of Russia, Belarus and Kazakhstan. 4
The President of Russia has published a document under the title ‘Russia’s
conceptual approach to the new legal basis for international cooperation in the energy
sphere (goals and principles)’. 5 On this basis, Russia proposes to conclude the following:
a an agreement on transit guarantees for energy materials and products, including
provisions on the procedure for overcoming emergencies in any given area (April
2009);
3 Part 4, Article 15 of the Constitution of the Russian Federation.
4 See: the Agreement on provision for parallel operation of the power grids of the participant
states in the Commonwealth of Independent States dated 25 November 1998; the Agreement
on electric power and capacity transit of the participant states in the Commonwealth of
Independent States dated 25 January 2000; the Agreement on mutual assistance in the event
of accidents and other emergencies at electric power facilities of the participant states in the
Commonwealth of Independent States dated 30 May 2002; the Agreement on formation of
an electric power market of the participant states in the Commonwealth of Independent States
dated 25 May 2007; the Agreement on provision of access to natural monopoly services in
the electric power sphere, including the fundamentals of pricing and tariff policy, dated 19
November 2010; the Agreement on unified principles and rules for regulating the activities of
natural monopoly entities dated 9 December 2010; and the Agreement on unified competition
principles and rules dated 9 December 2010.
5 Official site of the President of Russia, 21 April 2009.
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