The Energy Regulation and Markets Review - Stikeman Elliott

Russia
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Federal Law dated 21 July 2011 No. 256-FZ on Security of Fuel and Energy
Complex Facilities; and
Federal Law dated 3 December 2011 No. 382-FZ on the State Information
System of the Fuel and Energy Complex.
In accordance with the Constitution and the given federal laws, the state terms of reference
with respect to regulation of the energy sector are currently distributed as follows.
The Russian government regulates economic processes, develops and pursues state
structural and investment policies and implements energy development programmes. 10
It also heads up the unified system of state executive power in Russia, manages the work
of federal ministries and other bodies, distributes state functions between them and
exercises control over their activities, 11 including in the energy sphere.
The Energy Ministry implements state policy and legal regulation in the following
areas: 12
a the fuel and energy complex (electric power, the oil extraction, oil-refining, gas,
coal, shale and peat industries, major oil, gas and petroleum product pipelines,
hydro-carbon deposit development on the basis of production sharing agreements,
renewable energy sources);
b the petrochemical industry;
c heat supply (production and transmission of thermal energy involving combined
generation of electric and thermal energy);
d
e
energy saving and greater energy efficiency; and
formation and use of the state information resources of the fuel and energy
complex of Russia.
The Ministry for Industry and Trade implements state policy and legal regulation in the
sphere of energy saving and raising energy efficiency in goods circulation and in the area
of technical regulation. 13
The Federal Tariff Service implements legal regulation in the sphere of state price
(tariff) setting for goods (services) of natural monopolies and certain other entities and
exercises control over their implementation. 14 The natural monopoly entities in the
10 Article 14 of Federal Constitutional Law, dated 17 December 1997, No. 2-FKZ on the
Government of the Russian Federation.
11 Articles 1, 12, and 13 of the Federal Constitutional Law on the Government of the Russian
Federation.
12 Clause 1 of the Regulations on the Energy Ministry of the Russian Federation, approved by
resolution of the Government of the Russian Federation dated 28 May 2008 No. 400.
13 Clause 1 of the Regulations on the Ministry for Industry and Trade of the Russian Federation,
approved by resolution of the Government of the Russian Federation, dated 5 June 2008, No.
438.
14 Clause 1 of the Regulations on the Federal Tariff Service, approved by resolution of the
Government of the Russian Federation, dated 30 June 2004, No. 332.
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