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On the Problematic Aspects of the Legal Regulation of the Public Relations in the Gas Sphere

Viktoriya Valeryevna Romanova, Head of the Department of the Energy Law Moscow State Law University named after O.E. Kutafin (MGYuA), Doctor of Law

In this article the author examines various issues of legal regulation of private legal relations and public legal relations in the gas industry, conducts legal analysis of the energy legislation, including the regulation such relations, pays attention to the legal research on the problem issues of the legal regulation of gas industry.

During the session of the Commission on the strategy of the development of the fuel and energy complex and the ecological security, the President of the Russian Federation V.V. Putin noted the need for further development of the gas industry. The President underscored that meeting the needs of our domestic market and economy, of our industry and the consumers inside the country, the deep processing of the raw materials, the development of the gas chemistry, the fullest possible utilization of all the components contained in gas and the means of gas delivery should become the matters of first priority[1].

Since 2013, Moscow State Law University named after O.E. Kutafin has been accepting doctoral students for its “Energy Law” program. As correctly noted by V.V. Blazheyev, the implementation of multi-level educational programs for training lawyers in the area of energy would undoubtedly serve to improve the quality of legal support for and regulation of the energy market in the country[2]. The number of applicants for the doctoral positions aimed at conducting research and defending a thesis in the area has demonstrated interest in the problem area of energy law, including various aspects of legal regulation in certain branches of the energy industry.

A number of programs were developed to train doctoral students, among them the program on the issues of the legal regulation of the gas industry.

The program comprises both the general theoretical aspects of the energy law and the most burning aspects of law enforcement. Special attention is given to the analysis of the legal research conducted in this sphere[3]. This is done to draw the attention to the issues, which lie at the core of the legal debates as well as provide assistance in choosing the dissertation topic. As rightly noted by A.G. Lisitsyn-Svyetlanov, the modern Russian energy legislation makes up a vast body of multi-layered normative acts, which contains significant gaps and requires major systematization[4].

By dealing with the energy legislation, which regulates the relations in the gas industry, one has to first of all dwell on Federal Law No. 69-ФЗ “On the Gas Supply in the Russian Federation”[5] of 31 March 1999, which determines the legal, economic and organizational foundations of the relations in the sphere of gas supply in the Russian Federation and is directed at meeting the demand of the state in this strategic type of energy resources.

In accordance with Art. 3 of the above law, the legal regulation of gas supply in the Russian Federation is based on the Constitution of the Russian Federation, the Civil Code of the Russian Federation, Federal Law “On the Subsurface”, Federal Law “On the Natural Monopolies”, Federal Law “On the Continental Shelf of the Russian Federation”, Federal Law “On the Supply of Gas in the Russian Federation” and on the federal laws, the normative acts of the Russian Federation and the normative legal acts of the municipal bodies adopted in compliance with the latter federal law.

Federal Law “On the Supply of Gas in the Russian Federation” prescribes the definitions, the clauses fixing the principles of the state policy in the area of gas supply in the Russian Federation, the authority of the state bodies, the specifics of exploiting the deposits of gas, the legal foundations of the functioning and development of the unified system of gas supply in the Russian Federation, the legal foundations for gas supply, the principles of the state price policy in the area of gas supply, the antimonopoly regulation of the gas supply, the legal basis for the cooperation of the organizations, which are the owners of the systems of gas supply and the organizations from the other branches of the economy, as well as the legal basis for the industrial security of the systems of gas supply in the Russian Federation.

From the time of its adoption, the above-mentioned law has been amended 15 times, with 7 amendments introduced after the adoption of the Energy Strategy of Russia until the year 2030. The legal analysis of this law shows that its clauses regulate both private and public-private relations. Let us first dwell on the clauses regulating the private-law relations. These norms touch upon the conceptual basis and lay down the definitions of the concepts of the subjects of the private-law relations, in particular the peculiarities of the legal situation of the owner of the unified system of gas supply, the supplier (the gas supplying organization), gas consumer, gas transportation organization, the peculiarities of the legal regime of the system of gas supplies, the foundation of gas supplies and the requirements for the supplied gas.

It should first of all be noted that the peculiarities of the legal regime of gas – the main object of the private-law relations in the gas industry – has not yet been the subject of standalone comprehensive legal research. The definition of gas was given in Federal Law “On the Supply of Gas in the Russian Federation”. According to Art. 2 of this federal law, “gas” is defined as the natural gas, oil (associated) gas, stripped dry gas, gas from the deposits of gas condensate, mined or collected by gas- and oil-producing organizations, as well as the gas, produced by the gas- and oil-processing organizations. Federal Law No. 117-ФЗ “On the Export of Gas” of 18 July 2006 distinguishes between the natural gas in the gaseous form and the natural gas in the condensed form[6] (Art. 1, Art. 3 of Federal Law No. 117-ФЗ “On the Export of Gas” of 18 July 2006).

The legal analysis of clauses of par. 6 ch. 30 of the Civil Code, clauses of Federal Law “On the Supply of Gas in the Russian Federation”, Federal Law No. 117-ФЗ “On the Export of Gas” of 18 July 2006, Federal Law No. 164-ФЗ “On the Basis of the State Regulation of the Export Activity” of 8 December 2003[7], Law of the Russian Federation No. 2395-1 “On the Subsurface” of 21 February 1992[8], Federal Law No. 225-ФЗ “On the Production Sharing Agreements” of 30 December 1995[9], as well as the by-laws adopted to implement the above-mentioned laws, allows us to conclude that such type of the energy resource as gas currently constitutes a strategic energy resource, the object of private-law relations in relation to the extraction, production, supply, transportation, storage as well as constitutes a commodity, which should correspond to certain defined requirements[10].

The topicality of a more detailed research of the peculiarities of the legal regime of this energy resource remains indisputable, as the corresponding peculiarities define the characteristics of the legal regime of the energy facilities of the gas industry and the setting of additional requirements for the subjects of the private-law relations in the gas branch, especially the contractual regulation in the gas industry.

It should be noted that the legal regime of the energy facilities of the gas industry justifiably attracts special academic interest. Worthy of attention is the respective research of A.N. Abakshin, A.S. Laletina, D.N. Shmelyova[11].

The peculiarities of the legal regime of the energy facilities can be examined with the help of the following conditional classifications[12]:

-          the classification based on the functional purpose of the object, i.e. the energy object used for the extraction, production, procession, transportation and storage of gas;

-          the classification based on the need to correspond to the requirements of securing the anti-terrorist protection;

-          the classification based on the need to correspond to the requirements of securing the industrial safety of dangerous industrial objects;

It seems worthwhile to dwell in greater detail on defining the notion of energy facilities of the gas industry and on their subtypes. The definition part of Federal Law “On the Supply of Gas in the Russian Federation” includes the concept of the system of gas supply and the gas distribution system. Thus, according to Art. 2 of Federal Law “On the Supply of Gas in the Russian Federation”, the system of gas supply is defined as the property production complex comprising the technologically, organizationally and economically interconnected and centrally directed production and other objects aimed at extracting, transporting, storing and distributing gas.

One should consider that the peculiarities of the legal regime of the energy facilities in the gas industry are fixed not only in Federal Law “On the Supply of Gas in the Russian Federation”. The peculiarities of the legal regime of the above-mentioned objects are regulated by Federal Law No. 116-ФЗ “On the Industrial Security of the Dangerous Industrial Objects” of 21 July 1997[13], Federal Law No. 256-ФЗ “On the Safety of the Objects of the Fuel and Energy Complex” of 21 July 2011[14] and the Town Planning Code of the Russian Federation[15].

In accordance with item 9 Art. 2 of Federal Law “On the Safety of the objects of the fuel and energy complex”, the objects of the fuel and energy complex include, among others, the objects of the gas industry as well as the objects of the gas supply. According to item 7 of the above-mentioned Article, the gas-main pipelines count among the main objects of the fuel and energy complex. The above-mentioned law prescribes the categorization of the objects of the fuel and energy complex and lays down the requirements on securing the safety of these objects.

As for the peculiarities of the legal status of the subjects of the private-law relations in the gas industry, these aspects have not yet been the subject of comprehensive legal research.

However, certain issues related to the peculiarities of the legal status of OAO Gazprom and the peculiarities of corporate governance in the gas sphere are dealt with in the legal literature[16].

The peculiarities of the legal status of the subjects of the private-law relations in corporate governance are fixed in such normative legal acts as Federal Law “On the Gas Supply in the Russian Federation”, Federal Law No. 261-ФЗ “On the Energy Conservation and Improving the Energy Efficiency and Introducing Amendments to Certain Legal Acts of the Russian Federation” of 23 November 2009[17], Federal Law No. 147-ФЗ “On the Natural Monopolies” of 17 August 1995[18], Federal Law No. 223-ФЗ “On the Procurement of the Goods, Works, Services by Certain Types of Legal Persons” of 18 July 2011[19], the Decree of the President of the Russian Federation No. 1009 “On the Ratification of a List of Strategic Enterprises and Strategic Joint-Stock Companies” of 4 August 2004[20], the Decree of the President of the Russian Federation No. 538 “On the Guaranteeing of the Operation of the Single System of Gas Provision of the Country” of 1 June 1992[21], the Decree of the President of the Russian Federation No. 1333 “On the Restructuring of the State Gas Concern “Gazprom” into the Russian Joint-Stock Company “Gazprom”” of 5 November 1992[22], the Resolution of the Government of the Russian Federation No. 138 “On the Foundation of the Russian Joint-Stock Company “Gazprom”” of 17 February 1993[23] and others.

In order to research the peculiarities of the legal status of the subjects of the private-law relations in the gas branch, various classifications can be used:

-          the classification based on the type of activity of the subject of the private-law relations (e.g. supply, transportation, storage of gas);

-          the classification based on whether the state owns a share of the statutory fund of the subjects of the private-law relations in the gas sphere, i.e. the companies with the share of the state and the companies without it;

-          the classification based on the strategic importance, i.e. strategic and non-strategic subjects;

-          the classification based on the state of the commodity market;

-          the classification based on the territory of operations.

When exploring the peculiarities of the legal status of the subjects of the private-law relations in the gas sphere, we should take into account that in accordance with item 1 Art. 16 of Federal Law No. 261-ФЗ “On the Energy Conservation and Improving the Energy Efficiency and on Introducing Amendments into Certain Legal Acts of the Russian Federation” of 23 November 2009[24], conducting energy research is an obligatory activity for the following persons: the organizations producing and (or) transporting natural gas, extracting natural gas, processing the natural gas; the organizations, whose overall costs on the consumption of the natural gas exceed ten million rubles in a calendar years.

For more detailed research of the peculiarities of the contractual regulation in the gas industry, one can provisionally subdivide the contracts into the following groups: 1) the contracts regulating the relations on gas supply; 2) the contracts regulating the relations on the transportation of gas; 3) the contracts for the technological connection to the gas distribution and gas transportation networks; 4) the contracts on the sharing of production; 5) the concessionary contracts; 6) the contracts on the storage of gas; 7) the contracts on the construction, re-construction and modernization of energy objects; 8) the contracts on the supply of the energy equipment to the gas industry; 9) the energy service contracts; 10) the contracts on the creation of the innovative products in the gas industry.

The issues of the legal nature, the peculiarities of concluding and the problem aspects of the regulation of the contracts on the supply and transportation of gas are deservedly the subjects of legal research[25]. At the same time, all the other virtual groups of contracts in the gas industry currently remain under-researched.

The legal analysis of the clauses of Federal Law “On the Supply of Gas”, which deals with the contractual regulation, testifies to the fact that the legislators have granted the authority to substantially regulate contractual relations in the gas industry to the Government of the Russian Federation. For example, according to Art. 18 of Federal Law “On the Supply of Gas”, gas supply is conducted based on the contracts between the suppliers and the consumers irrespective of their forms of property based on civic legislation, the gas supplies approved by the Government of the Russian Federation and the rules of the utilization of gas in the Russian Federation.

The legislators have also foreseen that the preferential right for concluding the contracts for gas supply is granted to the buyers for the needs of the state and municipalities, public utility and social needs of the citizens as well as the buyers of gas, with respect to whom the acting gas supply contracts are being prolonged.

The rules of gas supply in the Russian Federation are laid down in the Resolution of the Government of the Russian Federation No. 162 of 5 February 1998[26]. The resolution in question was adopted before the passing of Federal Law “On the Supply of Gas” in order to execute the Decree of the President of the Russian Federation No. 426 “On the Main Tenets of the Structural Reforms in the Areas of the Natural Monopolies” of 28 April 1997[27]. The legal analysis of the clauses foreseen by the gas supply rules reveals the following. The government resolution prescribes that gas supply shall be governed by a contract between the supplier and the buyer concluded in accordance with the requirements of the Civil Code of the Russian Federation, federal laws, gas supply rules and other normative legal acts.

The rules stipulate that the gas supply contract should correspond to the requirements of par. 3 ch. 30 of the Civil Code of the Russian Federation. The special requirements set by the Gas Supply Rules, lie, in particular, in the relation of the volume of the supplied gas. According to item 12_1 of the Gas Supply Rules, the contracts on the supply of gas should determine the monthly, quarterly and yearly volumes of the gas supply and (or) the order of their agreement.

In accordance with the general rule set in p. 13 of the Rule of the Gas Supply, the supplier is obliged to supply, and the buyer to receive (take away) gas evenly in the course of the month within the limits set by the average daily norm of gas supply fixed in the contract. The Rules lay down the norm, claiming that the contract can foresee the cases when the unevenly daily supply of gas is tolerated. At the same time, one should keep in mind that these cases (of the uneven supply of gas) are foreseen in p. 14 of the Gas Supply Rules, and the given list is exhausting.

However, one should note that the given Rules are flexible enough, as opposed to, for example, other normative legal acts, which regulate contractual relations.

In order to fulfill the requirements of Federal Law “On the Supply of Gas”, Resolution of the Government of the Russian Federation No. 549 of 21 July 2008 fixed the Gas Supply Rules in order to secure the public utility needs of the citizens[28].

This governmental resolution introduced a certain conceptual block, which includes, among others, definitions of such concepts as “the gas supplied for the satisfaction of the public utility needs”, “the gas supplier” and “the supply of gas”. The definitions are part of Federal Law “On the Gas Supply in the Russian Federation”, while the conceptual apparatus included in the Resolution of the Government No. 549 is more detailed with regard to the relations arising in the process of gas supply for the public utility needs of the citizens.

The legal analysis of the norms of the Resolution of the Government No. 549 shows that this bylaw sets the special requirements dealing with the order of the conclusion as well as the supply conditions of the gas contract aimed at meeting the public utility needs of the citizens.

The government regulates the form and the content of the offer directed to the gas supplying organization by the person concerned, as well the list of addenda to the offer, the order of the examination of the offer and the grounds for the rejection of the conclusion of the contract.

The form of the contract of the gas supply for the public utility needs of the citizens and its conditions are also regulated in detail by the above-mentioned Resolution of the Government of the Russian Federation.

By dealing with the problem area of the legal regulation of the public legal relations, one should pay special attention to the strengthening of the influence of the state in the gas industry. This, in particular, is confirmed by the norms additionally introduced into Federal Law “On the Gas Supply in the Russian Federation” in accordance with Federal Law No. 35-ФЗ of 5 April 2013[29], which are related to the regulation of gas prices and the tariffs for the services on its transportation (Art. 21, Art. 23_1), state regulation of the payment for the technological connection of the gas utilizing equipment to the gas distribution networks (Art. 23_2) and the anti-monopoly regulation of the gas supply (Art. 27).

Chosen problems of the state regulation in the area of gas price formation and gas transportation became the subjects of legal research[30], however, numerous other issues also deserve all-round legal analysis. The above-mentioned law No. 35-ФЗ of 5 April 2013 introduces the norms, which foresee the state regulation of the payment for the technological connection of the gas utilizing equipment to the gas distribution networks (Art. 23_2). In accordance with Art. 23_2, the payment for the technological connection of the gas utilizing equipment to the gas distribution networks (technological connection) and (or) the standardized tariff rate, which determines the sum of the payment, is subject to state regulation. The above-mentioned clauses were previously absent from the Law “On the Gas Supply in the Russian Federation”.

When dealing with the issues of the legal regulation in the gas industry, one should at least briefly mention the problem aspects of the international legal regulation. During the session of the Commission on the issues of the strategic development of the fuel and energy complex and the ecological security, the President of the Russian Federation V.V. Putin underscored that we should take into account the modern trends in the global gas market in cooperation with our foreign partners, find new mutually acceptable forms of cooperation and become closer to the end-consumers[31].

The subject of the multi-party and bilateral international agreements are such directions in the cooperation in the sphere of the gas industry as the supply and transportation of gas, the construction of the energy objects of the gas industry, corporate management, scientific and technical cooperation[32].

The subjects of dissertations on various problem aspects of the international legal regulation of the agreements are the norms of the Russian energy legislation, the norms of the foreign energy legislation regulating the relations in the supply and transportation of gas through the gas mains as well as the transit of gas[33].

Despite the interest shown in the problems of the international legal regulation, one can hardly speak of the multiplicity of the legal research on this issue. However, accounting for the set tasks of improving the efficiency of international and legal cooperation as well as for the fact that the international agreements are the most important source of the energy law, many problem aspects deserve to be the subjects of comprehensive legal research.

Based on all of the above, one can conclude that the legislation regulating public relations in the gas industry is constantly being amended and supplemented. Among the normative legal acts, a significant role is given to the federal laws, the Resolutions of the Government of the Russian Federation and the local acts of the individual legal persons. As of today, one can speak of the formation of a special legal regime of the objects of the private-law relations in the gas industry, about the presence of the existing peculiarities of the legal status of the subjects of the private-law relations in the gas industry, the peculiarities of the contractual relations and the growing influence of the state regulation of the public relations in the gas industry. The current circumstances confirm to the utmost the correctness of the conclusion made by A.G. Lisitsyn-Svetlanov regarding the tasks of the further development of such branch of law as the energy law. As aptly noted by A.G. Lisitsyn-Svetlanov, only a series of large-scale research projects can describe of all the mentioned spheres of the legal regulation in detail and uncover in its entirety the topical research issue with the goal of improving the gas legislation and law as such[34].



[1] Available at: http://state/kremlin.ru/commission/29/news/16702. The transcript of the session of presidential Commission on the issues of strategic development of the fuel and energy complex and the ecological security of 23 October 2012 (in Russian).

[2] Blazheyev V.V. On the formation of the energy law as part of the higher legal education. Proc. Int. Conf. “Legal Regulation in the spheres of Power Industry and Heat Supply”. Мoscow, Yurist, 2013. P. 11 (in Russian).

[3] Getalova A.V. Peculiarities of the normative legal regulation of the circulation of gas. Nauchno-prakticheskiy zhurnal, 2008, No. 5, pp. 58-63 (in Russian); Gudkov I.V. Review of the normative legal regulation in the gas industry of the Russian Federation. Moscow, Mezhdunarodnye Otnosheniya Publishers, pp. 202-212 (in Russian); Kleandrov M.I. Oil and gas legislation in the system of the Russian law. Novosibirsk: Nauka. Sibirskaya Izdatelskaya Firma. RAN, 1999 (in Russian); Lisitsyn-Svyetlanov A.G. The role of law in modernizing the Russian economy. Moscow, 2011 (in Russian).

[4] Lisitsyn-Svyetlanov A.G. Energy law: Tasks of further development of the industry. Proc. Int. Conf. “Legal Regulation in the spheres of Power Industry and Heat Supply”. P. 11 (in Russian).

[5] RF Federal Law No. 69-ФЗ “On the Gas Supply in the Russian Federation” of 31 March 1999. Code of Laws of the Russian Federation. 1999. No. 14. Art. 1667 (in Russian).

[6] RF Federal Law No. 117-ФЗ “On the Export of Gas” of 18 July 2006. Code of Laws of the Russian Federation, 2006, No. 30, ***p. 3293 (in Russian).

[7] RF Federal Law No. 164-ФЗ “On the Basis of the State Regulation of the Export Activity” of 8 December 2003. Code of Laws of the Russian Federation, 2003, No. 15, Art. 4850 (in Russian).

[8] RF Federal Law No. 2395-1 “On the Subsurface” of 21 February 1992. Code of Laws of the Russian Federation, 1995, No. 10, Art. 823 (in Russian).

[9] RF Federal Law No. 225-ФЗ “On the Agreements of the Division of Production” of 30 December 1995. Code of Laws of the Russian Federation, 1996, No. 1, Art. 18 (in Russian).

[10] See: Art. 19 of RF Federal Law No. 69-ФЗ “On the Supply of Gas in the Russian Federation” (in Russian).

[11] Abakshin A.N. The legal regime of gas pipelines. Yurist, 2005, No. 5; Laletina A.S. The legal regime of gas pipelines. Moscow: OOO “ITK “NBP””, 2011 (in Russian); Laletina A.S. The right of ownership of OAO Gazprom on the objects of the unified system of gas supply. Biznes v zakone. Moscow, “Yur-VAK” Publishers, 2011, No. 4, pp. 58–61 (in Russian); Shmelyova D.N. The legal regime of field facilities of oil and gas deposits. Dr. Law Diss. Tyumen, 2004 (in Russian).

[12] See: Romanova V.V. The legal regulation of the construction and modernization of energy facilities. Moscow. Yurist, 2012. P. 63 (in Russian).

[13] RF Federal Law No. 116-ФЗ “On the Industrial Security of the Dangerous Industrial Objects” of 21 July 1997. Code of Laws of the Russian Federation, 1997. No. 30. Art. 3588 (in Russian).

[14] RF Federal Law No. 256-ФЗ “On the Safety of the Objects of the Fuel and Energy Complex” of 21 July 2011. Code of Laws of the Russian Federation, 2011, No. 30 (p. I), Art. 4604 (in Russian).

[15] Town Planning Code of the Russian Federation. Code of Laws of the Russian Federation, 2005, No. 1 (p. I), Art. 16 (in Russian).

[16] Vavulin D.K. On the issue of enactment of the normative legal acts regulating the liberalization of the circulation of the shares of OAO Gazprom. Pravo i ekonomika. Moscow, “Yustitsinform”, 2006, No. 3 (in Russian); Romanova V.V. Energy Law. General Principles. Textbook. Moscow, Yurist, 2013 (in Russian); Romanova V.V., Fil S.S. On the peculiarities of the legal regulation of corporative relations in the area of energy using the case study of OAO Gazprom. Yurist, 2013, No. 21 (in Russian).

[17] RF Federal Law No. 261-ФЗ “On the Energy Conservation and Improving the Energy Efficiency and Introducing Amendments to Certain Legal Acts of the Russian Federation” of 23 November 2009. Code of Laws of the Russian Federation, 2009, No. 48, Art. 5711 (in Russian).

[18] RF Federal Law No. 147-ФЗ “On the Natural Monopolies” of 17 August 1995. Code of Laws of the Russian Federation, 1995, No. 34, Art. 3426 (in Russian).

[19] RF Federal Law No. 223-ФЗ “On the Procurement of the Goods, Works, Services by Certain Types of Legal Persons” of 18 July 2011. Code of Laws of the Russian Federation, 2011, No. 30 (p. I), Art. 4571 (in Russian).

[20] Presidential Decree No. 1009 “On the Ratification of a List of Strategic Enterprises and Strategic Joint-Stock Companies” of 4 August 2004. Code of Laws of the Russian Federation, 2004, No. 32), Art. 3313 (in Russian).

[21] Presidential Decree No. 538 “On the Guaranteeing of the Operation of the Single System of Gas Provision of the Country” of 1 June 1992. Transcript of the Convention of the People’s Deputies and the Supreme Soviet of the Russian Federation, 1992, No. 23, Art. 1271 (in Russian).

[22] Presidential Decree No. 1333 “On the Restructuring of the State Gas Concern “Gazprom” into the Russian Joint-Stock Company “Gazprom”” of 5 November 1992. Code of Acts of the President and the Government of the Russian Federation, 1992, No. 19, Art. 1607 (in Russian).

[23] Resolution of the Government No. 138 “On the Foundation of the Russian Joint-Stock Company “Gazprom”” of 17 February 1993. Code of Acts of the President and the Government of the Russian Federation, 1993, No. 9, Art. 738 (in Russian).

[24] RF Federal Law No. 261-ФЗ “On the Energy Conservation and Improving the Energy Efficiency and on Introducing Amendments into Certain Legal Acts of the Russian Federation” of 23 November 2009. Code of Laws of the Russian Federation, 2009, No. 48, Art. 5711 (in Russian).

[25] Bashunov V.V. The contracts of sales and transportation of gas through the connected network: the legal nature and the order of conclusion. Dr. Law Diss. Saratov, 2005 (in Russian); Blinkova E.V. Public gas procurement contract through the connected network. Moscow, Yurist, 2004, No. 9 (in Russian); Zaytseva M.A. The contract for gas transportation through main gas pipelines (legal nature). Proc. Inst. State and Law of the RAS, 2008, No. 4, pp. 106–117 (in Russian); Karpova N.V. Gas supply contract for wholesale consumers in the domestic market. Moscow, Yurist, 2010, No. 3 (in Russian); Kuznetsov K.B. Contracts on the supply and transportation of gas through the connected network: Legal nature, peculiarities of legal regulation. Dr. Law Diss. Yekaterinburg, 2012 (in Russian); Lakhno P.G., Chinenova A.A. Legal regulation of the relations of gas transportation through main gas pipelines: the experience of Russia and the USA. Mezhdunarodnoe publichnoe i chastnoe pravo, 2013. No. 1, pp. 13–17 (in Russian); Prokaev A.V. Civil regulation of contractual relations in gas and oil extraction. Dr. Law Diss. Saratov, 2005 (in Russian); Sadikov O.N. Contracts for the gas supply of the industrial enterprises. Sovetskoye gosudarstvo i pravo, Moscow, 1961, No. 4, pp. 104–110 (in Russian); Shafir A.M. The system of economic contracts for the supply of electric energy, heating and gas. Dr. Law Diss. Moscow, 1982 (in Russian).

[26] Resolution of the Government No. 162 “On the Adoption of the Rules of Gas Supply in the Russian Federation” of 5 February 1999. Code of Laws of the Russian Federation, 1998, No. 6, Art. 770 (in Russian).

[27] Presidential Decree No. 426 “On the Main Tenets of the Structural Reforms in the Areas of the Natural Monopolies” of 28 April 1997. Code of Laws of the Russian Federation, 1997, No. 18, Art. 2132 (in Russian).

[28] Resolution of the Government No. 549 “On the Order of the Supply of Gas for the Satisfaction of the Communal and Everyday Needs of the Citizens” of 21 July 2008. Code of Laws of the Russian Federation, 2008, No. 30 (p. II), Art. 3635 (in Russian).

[29] RF Federal Law No. 35-ФЗ “On Introducing Changes into the Federal Law “On the Gas Supply in the Russian Federation” and Certain Legal Acts of the Russian Federation” of 5 April 2013. Code of Laws of the Russian Federation, 2013, No. 14, Art. 1643 (in Russian).

[30] Getalova A.V. Legal Regulation of gas price formation. Trends of the development of state, law and politics in Russia and the world. Materials of the international scientific and practical conference. Kaluga: Poligraf-Inform, 2008, pp. 77-88 (in Russian); Gudkov I.V. Tariff regulation of gas transportation services. Russian and European experience: Energy and Law: Pipeline transport. Moskovskiy zhurnal mezhdunarodnogo prava. Moscow, Mezhdunarodnye otnosheniya, 2006, pp. 213-223 (in Russian); Kuznetsov K.B. The order of gas supply pricing. Rossiyskiy juridicheskiy zhurnal. Ekaterinburg. YuGRA Publishers, 2001, No. 1 (in Russian); Chichenova A. The peculiarities of the state regulation of gas transportation through main gas pipelines in Russia and the USA. Moscow, 2013, Issue 3, pp. 146-155 (in Russian).

[31] Available at: http://state/kremlin.ru/commission/29/news/16702. The transcript of the session of presidential Commission on the issues of strategic development of the fuel and energy complex and the ecological security of 23 October 2012 (in Russian).

[32] Agreement between the Governments of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of 9 December 2010 on the single principles and rules regulating the activity of the subjects of the natural monopolies. Bulletin of international treaties, 2013, No. 6 (in Russian); Agreement between the Government of the Russian Federation and the Government of the Austrian Republic of 24 April 2010 on the cooperation in creating and exploiting the gas pipeline in the territory of the Austrian Republic. Bulletin of international treaties, 2011, No. 9 (in Russian); Agreement between the Government of the Republic of Belarus and the Government of the Russian Federation of 25 November 2011 on the order of price (tariff) formation for the supply of the natural gas to the Republic of Belarus and of its transportation through the gas pipelines situated in the territory of the Republic of Belarus. Bulletin of international treaties, 2012, No. 9 (in Russian); Agreement between the Government of the Republic of Belarus and the Government of the Russian Federation of 9 December 2010 on the rules of access to the services of the subjects of the natural monopolies in the sphere of gas transportation through the gas transportation systems, including the basis for the price formation and the tariff policy. Bulletin of international treaties, 2013, No. 3 (in Russian); Agreement between the Government of the Republic of Belarus and the Government of the Russian Federation of 25 November 2011 on the conditions of the sales of the shares and the further activity of the joint-stock “Beltransgaz”. Bulletin of international treaties, 2012, No. 9 (in Russian); Agreement between the Government of the Republic of Bulgaria and the Government of the Russian Federation of 18 January 2008 on the cooperation in creating a gas pipeline for the transit of the natural gas through the territory of the Republic of Bulgaria. Bulletin of international treaties, 2008, No. 7 (in Russian); Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation of 28 November 2001 on the cooperation in the gas sphere. Bulletin of international treaties, 2002, No. 2 (in Russian); Agreement between the Government of the Republic of Korea and the Government of the Russian Federation of 17 October 2006 on the cooperation in the area of gas industry. Bulletin of international treaties, 2007, No. 2 (in Russian).

[33] Volkov A.K. The legal regulation of gas transportation through the main gas pipelines in the European Union and Russian Federation. Comparative legal analysis in the study of legal institutes and phenomena in the branch, geographic and temporal aspects: Works of the laboratory of comparative legal research. St. Petersburg, Politekh. Univ. Publishers, 2011, pp. 74-91 (in Russian); Gudkov I.V. Cross-border gas pipelines: some aspects of legal regulation. Neft, Gaz i Pravo, 2009. No. 3, No. 4 (in Russian); Gudkov I.V., Lakhno P.G. The legal regulation of international energy relations: Current state and development prospects. Jurist, 2011, No. 2, pp. 29–42 (in Russian); Levanov G. International legal regulation of the supplies of the natural gas from Russia to Germany. Problems of the legal regulation of contemporary economic relations: Materials of the scientific and practical conference of the Faculty of International Law of VAVT. Moscow: VAVT Publishers, 2011 (in Russian); Li Judzhin. International legal approaches to the regulation of the problems of transit of the energy resources from Russia to the Republic of Korea. Diss. Dr. Law, Moscow, 2012 (in Russian); Melnik E.P., Truhina O.A. Legal problems of the international pipeline transport using the case of gas supplies to Ukraine. The materials of XLVIII International scientific student conference “Student and scientific and technical progress”, 10-14 April 2010, Gosudarstvo i Pravo Publishers, Novosibirsk: SibAGS, 2010 (in Russian); Salieva R.N. On the problems of the legal support of the cooperation of the members-states of the CIS in the area of gas, oil and oil produce transit. The legal regulation of cooperation in foreign trade. Materials of the International Scientific Symposium “Perspectives of the development of the regions under the conditions of globalization: economy, management, law”. Samara, Samara State Econ. Acad. Publishers, 2003, p. 3, pp. 169-172 (in Russian).

[34] Lisiсyn-Svetlanov A.G. Energy law: the tasks of the further development of the branch. Conf. Materials of internat. scientific and practical conference “Legal regulation in the area of electric energy and heating”, Moscow, Yurist, 2013, p. 11 (in Russian).

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