Potential of the rational subsoil use in Russia – new legal mechanisms and approaches to the statutory regulation

UDK: 622.276.1/.4.003
DOI: 10.24887/0028-2448-2020-10-49-53
Key words: state regulation of subsoil use, author supervision, project engineering documentation, optimization of the regulatory and legal framework, project technical document
Authors: D.G. Afonin (Tyumen Petroleum Research Center LLC, RF, Tyumen), T.A. Pospelova (Tyumen Petroleum Research Center LLC, RF, Tyumen), M.A. Basyrov (Rosneft Oil Company, RF, Moscow)

The process of development and operation of hydrocarbon deposits is strengthening its positions in the ratings of attention of subsoil users and the state. Dynamically changing political and economic environment, the need for timely and effectively coordinate their actions with agreements of international energy organizations, as well as changes in the macroeconomic environment, set new tasks for design institutes and make them resolve issues related to legal regulation and optimization of some aspects of relations between the subsoil user and the state. In our opinion, it is necessary to balance and optimize the procedure of project technical documents elaboration.

Rosneft Oil Company annually performs more than 300 project technical documents. A significant part (80%) of the project technical documents contains new and often breakthrough design technological solutions significantly increasing the efficiency and profitability of field development and government revenue. The prerequisites for the fulfillment of the second part (20%) of the new project technical document are largely associated with adjustments to the current plans under the influence of dynamically changing economic indicators in the country, and, as a consequence, the need of considerable changes of capital and operational investments during development. Such cases require a different approach to monitoring the implementation of the rationality of subsoil use, aimed at clarifying the tactics of decisions without changing the general strategy of field development. The state and the subsoil user are equally interested in mobile and timely document flow. For the subsoil user, as the author of the project technical document, the missed profit from the loss of the promptness of adjusting the tactics of decisions, the need to elaborate the "large project technical document" for tasks that could be solved with a proper change in the regulatory framework at lower costs are obvious. The removal of administrative barriers and the minimization of the costs of experts approval of "large project technical document" are primary for the state. In addition, both sides receive income due to operational and effective solutions.

We consider the implementation of the tool "Author's supervision of project technical document" as the solution providing the regulatory and legal framework modernization. This brief informational report carried out by the company (project technical document author) is aimed to control over the implementation of design solutions, technical and economic indicators in the current conditions.

References

1. Order of the Ministry of Natural Resources and Ecology of the Russian Federation No. 356 of June 14, 2016 (as amended by order No. 638 of September 20, 1919) “Ob utverzhdenii pravil razrabotki mestorozhdeniy uglevodorodnogo syr'ya” (On the approval of the rules for the development of hydrocarbon deposits), URL: https://base.garant.ru/71475396/

2. Order of the Ministry of Natural Resources and Ecology of the Russian Federation No. 639 dated 20.09.19 “Ob utverzhdenii pravil podgotovki tekhnicheskikh proektov razrabotki mestorozhdeniy uglevodorodnogo syr'ya” (On the approval of the rules for the preparation of technical projects for the development of hydrocarbon deposits), URL: https://base.garant.ru/72804616/

3. Order of the Ministry of Natural Resources of Russia No. 368, 19.06.20 "O vnesenii izmeneniy v Pravila razrabotki mestorozhdeniy uglevodorodnogo syr'ya, utverzhdennye prikazom Minprirody Rossii ot 14 iyunya 2016 g. N 356” (On Amendments to the Rules for the Development of Hydrocarbon Fields, Approved by Order of the Ministry of Natural Resources of Russia No. 356 of June 14, 2016), URL: http://docs.cntd.ru/document/561372497

4. Kakie obstoyatel'stva otnosyatsya k obstoyatel'stvam nepreodolimoy sily (fors-mazhoru) i kakie posledstviya oni vlekut (What circumstances relate to circumstances of force majeure and what consequences they entail), SPS Konsul'tantPlyus, 2020, URL: http://www.consultant.ru/

5. Decree of the Government of the Russian Federation No. 459 of 25.05.16 "O vnesenii izmeneniya v punkt 25 Polozheniya o podgotovke, soglasovanii i utverzhdenii tekhnicheskikh proektov razrabotki mestorozhdeniy poleznykh iskopaemykh i inoy proektnoy dokumentatsii na vypolnenie rabot, svyazannykh s pol'zovaniem uchastkami nedr, po vidam poleznykh iskopaemykh i vidam pol'zovaniya nedrami” (On Amending Clause 25 of the Regulation on the Preparation, Coordination and Approval of Technical Projects for the Development of Mineral Deposits and Other Project Documentation for the Performance of Work Related to the Use of types of subsoil use), URL: https://www.garant.ru/products/ipo/prime/doc/71307614/

6. Proceedings of All-Russian Scientific and Practical Conference named after N.N. Lisovsky “Trudnoizvlekaemye zapasy prirodnykh uglevodorodov: opyt i perspektivy razrabotki” (Hard-to-recover reserves of natural hydrocarbons: experience and development prospects).

The process of development and operation of hydrocarbon deposits is strengthening its positions in the ratings of attention of subsoil users and the state. Dynamically changing political and economic environment, the need for timely and effectively coordinate their actions with agreements of international energy organizations, as well as changes in the macroeconomic environment, set new tasks for design institutes and make them resolve issues related to legal regulation and optimization of some aspects of relations between the subsoil user and the state. In our opinion, it is necessary to balance and optimize the procedure of project technical documents elaboration.

Rosneft Oil Company annually performs more than 300 project technical documents. A significant part (80%) of the project technical documents contains new and often breakthrough design technological solutions significantly increasing the efficiency and profitability of field development and government revenue. The prerequisites for the fulfillment of the second part (20%) of the new project technical document are largely associated with adjustments to the current plans under the influence of dynamically changing economic indicators in the country, and, as a consequence, the need of considerable changes of capital and operational investments during development. Such cases require a different approach to monitoring the implementation of the rationality of subsoil use, aimed at clarifying the tactics of decisions without changing the general strategy of field development. The state and the subsoil user are equally interested in mobile and timely document flow. For the subsoil user, as the author of the project technical document, the missed profit from the loss of the promptness of adjusting the tactics of decisions, the need to elaborate the "large project technical document" for tasks that could be solved with a proper change in the regulatory framework at lower costs are obvious. The removal of administrative barriers and the minimization of the costs of experts approval of "large project technical document" are primary for the state. In addition, both sides receive income due to operational and effective solutions.

We consider the implementation of the tool "Author's supervision of project technical document" as the solution providing the regulatory and legal framework modernization. This brief informational report carried out by the company (project technical document author) is aimed to control over the implementation of design solutions, technical and economic indicators in the current conditions.

References

1. Order of the Ministry of Natural Resources and Ecology of the Russian Federation No. 356 of June 14, 2016 (as amended by order No. 638 of September 20, 1919) “Ob utverzhdenii pravil razrabotki mestorozhdeniy uglevodorodnogo syr'ya” (On the approval of the rules for the development of hydrocarbon deposits), URL: https://base.garant.ru/71475396/

2. Order of the Ministry of Natural Resources and Ecology of the Russian Federation No. 639 dated 20.09.19 “Ob utverzhdenii pravil podgotovki tekhnicheskikh proektov razrabotki mestorozhdeniy uglevodorodnogo syr'ya” (On the approval of the rules for the preparation of technical projects for the development of hydrocarbon deposits), URL: https://base.garant.ru/72804616/

3. Order of the Ministry of Natural Resources of Russia No. 368, 19.06.20 "O vnesenii izmeneniy v Pravila razrabotki mestorozhdeniy uglevodorodnogo syr'ya, utverzhdennye prikazom Minprirody Rossii ot 14 iyunya 2016 g. N 356” (On Amendments to the Rules for the Development of Hydrocarbon Fields, Approved by Order of the Ministry of Natural Resources of Russia No. 356 of June 14, 2016), URL: http://docs.cntd.ru/document/561372497

4. Kakie obstoyatel'stva otnosyatsya k obstoyatel'stvam nepreodolimoy sily (fors-mazhoru) i kakie posledstviya oni vlekut (What circumstances relate to circumstances of force majeure and what consequences they entail), SPS Konsul'tantPlyus, 2020, URL: http://www.consultant.ru/

5. Decree of the Government of the Russian Federation No. 459 of 25.05.16 "O vnesenii izmeneniya v punkt 25 Polozheniya o podgotovke, soglasovanii i utverzhdenii tekhnicheskikh proektov razrabotki mestorozhdeniy poleznykh iskopaemykh i inoy proektnoy dokumentatsii na vypolnenie rabot, svyazannykh s pol'zovaniem uchastkami nedr, po vidam poleznykh iskopaemykh i vidam pol'zovaniya nedrami” (On Amending Clause 25 of the Regulation on the Preparation, Coordination and Approval of Technical Projects for the Development of Mineral Deposits and Other Project Documentation for the Performance of Work Related to the Use of types of subsoil use), URL: https://www.garant.ru/products/ipo/prime/doc/71307614/

6. Proceedings of All-Russian Scientific and Practical Conference named after N.N. Lisovsky “Trudnoizvlekaemye zapasy prirodnykh uglevodorodov: opyt i perspektivy razrabotki” (Hard-to-recover reserves of natural hydrocarbons: experience and development prospects).


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