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Main pipeline transportation of oil and oil products: legal regulation tendencies

UDK: 347.78.03:622.692
DOI: 10.24887/0028-2448-2018-2-12-16
Key words: main pipeline transportation of oil (oil products), main pipeline, energy security, energy law
Authors: V.V. Romanova (Kutafin Moscow State Law University, RF, Moscow)

Legal regulation of social relations in main pipeline transportation of oil and oil products is carried out by legislation, which is comprehensive in its legal nature. The activity of main pipeline transportation of oil and oil products refers to the activity of natural monopoly subjects, which accounts for the legal regulation specifics that has to secure an opportunity of non-discriminated access to the services of a natural monopoly subject and accurate pricing.

Many aspects of legal regulation of the reviewed legal relations are controversial due to the absence of a uniform conceptual framework, clearly worded provisions concerning rights and obligations of an owner and operator of a main pipeline system, interaction between participants of the relations under consideration in carrying out the investment activity on main pipeline system development. It is not a mere coincidence that the issues of legal regulation of main pipeline transportation of oil (oil products), legal regime of oil sector objects, pricing issues, peculiarities of legal nature of an agreement on pipeline transportation of oil become a subject of legal research. Further improvement of legal regulation has to correspond to the tasks of ensuring energy security of the Russian Federation from the legal standpoint, balance of interests of natural monopoly subjects and consumers of their services, establishment of a single oil and oil product market in the Eurasian Economic Union. In this respect, it seems expedient to develop a draft of Law re Main Pipeline Transportation of Oil and Oil Products considering proposals of all participants of the reviewed social relations.

References

1. URL: https://rg.ru/2016/12/19/minenergo-mer-i-miniust-nachali-gotovit-zakon-o-truboprovodah.html.

2. Energeticheskoe pravo. Obshchaya chast'. Osobennaya chast' (Energy law. The general part. The special part): edited by Romanova V.V., Moscow: Yurist Publ., 2014, 656 p.

3. Dzhavakhyan A.O., On conception of federal draft law “on production, refinery, and transportation of oil stock and petroleum refinery products through main pipe line” (In Russ.), Zakonodatel'stvo, 2010, no. 3, pp. 57-60.

4. Romanova V.V., Legal support of effective public administration in the sphere of energy (In Russ.), Pravovoy energeticheskiy forum, 2016, no. 1, pp. 5-12.

5. Romanova V.V., Energeticheskiy pravoporyadok: sovremennoe sostoyanie i zadachi (Energy law and order: current status and tasks), Moscow: Yurist Publ., 2016, 254 p.

6. Gavrilina E.A., Sistema dogovornykh svyazey na rynke nefti i nefteproduktov (The system of contractual relations in the oil and oil products market), Moscow: MGIMO-Universitet Publ., 2016, 244 p.

X. Izotova A.V., Development trends of energy legislation regarding specifics of state regulation of main pipeline transportation tariffs for crude oil and petroleum products (In Russ.), Pravovoy energeticheskiy forum, 2014, no. 3, pp. 31-34.

7. Korepanov K.V., Pravovoe regulirovanie transportirovki nefti i gaza po magistral'nym truboprovodam (Legal regulation of oil and gas transportation through main pipelines); thesis candidate of legal sciences, Moscow, 2016.

8. Salieva R.N., Legislative support of the procedure of accessing main oil pipelines (In Russ.), Pravovoy energeticheskiy forum, 2016, no. 1, pp. 32-37.

9. Shevchenko L.I., Dogovornye otnosheniya v sfere energetiki (Contract relations in the field of energy), Moscow: MGIMO-Universitet Publ., 2015, 218 p.

10. Kutafin D.O., Some features of legal regulation of oil transportation to the United States of America (In Russ.), Mezhdunarodnoe publichnoe i chastnoe pravo, 2016, no. 3, pp. 39-43.

11. URL: http://regulation.gov.ru/p/48391

12. URL:В  https://rg.ru/2016/12/19/minenergo-mer-i-miniust-nachali-gotovit-zakon-o-truboprovodah.html

13. URL:В  http://www.rbc.ru/newspaper/2017/06/19/594154299a79477f57912005

Legal regulation of social relations in main pipeline transportation of oil and oil products is carried out by legislation, which is comprehensive in its legal nature. The activity of main pipeline transportation of oil and oil products refers to the activity of natural monopoly subjects, which accounts for the legal regulation specifics that has to secure an opportunity of non-discriminated access to the services of a natural monopoly subject and accurate pricing.

Many aspects of legal regulation of the reviewed legal relations are controversial due to the absence of a uniform conceptual framework, clearly worded provisions concerning rights and obligations of an owner and operator of a main pipeline system, interaction between participants of the relations under consideration in carrying out the investment activity on main pipeline system development. It is not a mere coincidence that the issues of legal regulation of main pipeline transportation of oil (oil products), legal regime of oil sector objects, pricing issues, peculiarities of legal nature of an agreement on pipeline transportation of oil become a subject of legal research. Further improvement of legal regulation has to correspond to the tasks of ensuring energy security of the Russian Federation from the legal standpoint, balance of interests of natural monopoly subjects and consumers of their services, establishment of a single oil and oil product market in the Eurasian Economic Union. In this respect, it seems expedient to develop a draft of Law re Main Pipeline Transportation of Oil and Oil Products considering proposals of all participants of the reviewed social relations.

References

1. URL: https://rg.ru/2016/12/19/minenergo-mer-i-miniust-nachali-gotovit-zakon-o-truboprovodah.html.

2. Energeticheskoe pravo. Obshchaya chast'. Osobennaya chast' (Energy law. The general part. The special part): edited by Romanova V.V., Moscow: Yurist Publ., 2014, 656 p.

3. Dzhavakhyan A.O., On conception of federal draft law “on production, refinery, and transportation of oil stock and petroleum refinery products through main pipe line” (In Russ.), Zakonodatel'stvo, 2010, no. 3, pp. 57-60.

4. Romanova V.V., Legal support of effective public administration in the sphere of energy (In Russ.), Pravovoy energeticheskiy forum, 2016, no. 1, pp. 5-12.

5. Romanova V.V., Energeticheskiy pravoporyadok: sovremennoe sostoyanie i zadachi (Energy law and order: current status and tasks), Moscow: Yurist Publ., 2016, 254 p.

6. Gavrilina E.A., Sistema dogovornykh svyazey na rynke nefti i nefteproduktov (The system of contractual relations in the oil and oil products market), Moscow: MGIMO-Universitet Publ., 2016, 244 p.

X. Izotova A.V., Development trends of energy legislation regarding specifics of state regulation of main pipeline transportation tariffs for crude oil and petroleum products (In Russ.), Pravovoy energeticheskiy forum, 2014, no. 3, pp. 31-34.

7. Korepanov K.V., Pravovoe regulirovanie transportirovki nefti i gaza po magistral'nym truboprovodam (Legal regulation of oil and gas transportation through main pipelines); thesis candidate of legal sciences, Moscow, 2016.

8. Salieva R.N., Legislative support of the procedure of accessing main oil pipelines (In Russ.), Pravovoy energeticheskiy forum, 2016, no. 1, pp. 32-37.

9. Shevchenko L.I., Dogovornye otnosheniya v sfere energetiki (Contract relations in the field of energy), Moscow: MGIMO-Universitet Publ., 2015, 218 p.

10. Kutafin D.O., Some features of legal regulation of oil transportation to the United States of America (In Russ.), Mezhdunarodnoe publichnoe i chastnoe pravo, 2016, no. 3, pp. 39-43.

11. URL: http://regulation.gov.ru/p/48391

12. URL:В  https://rg.ru/2016/12/19/minenergo-mer-i-miniust-nachali-gotovit-zakon-o-truboprovodah.html

13. URL:В  http://www.rbc.ru/newspaper/2017/06/19/594154299a79477f57912005


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