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On specifics of legal regulation of main oil pipeline construction

Maksimenko Petr Nikolaevich, second-year student of O.E. Kutafi n Moscow State Law University

In this article the author presents a short legal analysis of provisions of the applicable law on construction of main pipelines, defines issues of legal regulation, draws conclusions on further improvement of legal regulation.

The Energy Strategy of Russia for the Period up to 2030 stipulates that the Russian pipeline system development is a strategic task[1]. In this regard, it might be said that it is essential to fill all gaps in legal regulation of oil pipeline construction. Nowadays, relations in the sphere of construction are legally regulated pursuant to such regulatory legal instruments, as the Civil Code of the Russian Federation, the Urban Development Code of the Russian Federation, the Land Code of the Russian Federation, Federal Law dd. July 21, 2011 No. 256-ФЗ “On Safety of Fuel and Energy Complex Facilities”, Federal Law dd. July 21, 1997 No. 116-ФЗ “On Industrial Safety of Hazardous Production Facilities”[2], and a great number of bylaws[3].

Thus, pursuant to cl. 8, Art. 2 of Federal Law dd. July 21, 2011 No. 256-ФЗ “On Safety of Fuel and Energy Complex Facilities” main oil pipelines are classified as linear facilities of the fuel and energy complex.

It should be mentioned that pursuant to cl. “s”, part 3, Art. 1 of Convention No. 174 “On Prevention of Major Industrial Accidents” ratified by Federal Law dd. November 30, 2011 No. 366-ФЗ[4], prevention of accidents associated with pipeline transport is the scope of this convention; consequently, the requirements of this Convention on safe construction and operation of oil pipelines shall be met. The reason is that the main oil pipeline differs in many respects from any other construction projects, namely, in higher technical and engineering complexity. The oil pipeline’s specifications shall be developed at the design stage and, subsequently, formalized in technical documentation.

Regulations of energy companies, e.g., JSC Transneft, OJSC, are essential in governing relations in main pipeline construction[5]. JSC Transneft, OJSC approved, inter alia, the following regulations: the Regulations of JSC Transneft, OJSC “On Procedure of Granting Lands for Construction, Technical Re-Equipment, Reconstruction and General Overhaul of Main Oil Pipeline Facilities of JSC Transneft, OJSC”; the Regulations of JSC Transneft, OJSC “Cleaning and Testing of Oil Pipelines after Construction and Assembly”, and the Standard Provision on Technical Supervision of Design Decisions and Quality of Construction, General Overhaul and Reconstruction at Main Oil Pipeline Facilities of JSC Transneft, OJSC.

Acts of relevant self-regulatory organizations play a special part in legal regulation of main oil pipeline construction[6].

I would also like to highlight such an aspect as certification of main oil pipelines. Thus, pursuant to Resolution of the Government of the Russian Federation dd. December 1, 2009 No. 982 “On Approval of the Unified List of Products Subject to Mandatory Certification, and the Unified List of Products, for which the Confirmation of Conformity is Made in the Form of a Declaration of Conformity”, only thermoplastic pipes and parts of pipelines are subject to mandatory certification[7]. Pursuant to Resolution of the Government of the Russian Federation dd. October 20, 2010 No. 848 “On Amending Resolution of the Government of the Russian Federation dd. December 1, 2009 No. 982”[8] and Resolution of the Government of the Russian Federation dd. March 21, 2012 No. 213 “On Amending Resolution of the Government of the Russian Federation dd. December 1, 2009 No. 982”[9], pipeline industrial fittings were accordingly excluded from the list of mandatory certification. Thus, in the author’s opinion, main oil pipelines shall be voluntarily certified based on Art. 21 of Federal Law dd. December 27, 2002 No. 184-ФЗ “On Technical Regulation”[10] to ensure safety of these facilities. It is also worth noting that Federal Bill No. 408228-5 “Technical Regulations on Safety of Main Pipelines for Transportation of Liquid and Gaseous Hydrocarbons” was submitted to the State Duma of the Russian Federation[11]. The explanatory note to this bill states that specifics of construction and operation of main pipelines are associated with accident and emergency hazard, with possible loss of life, damage to property and environmental pollution through emissions of liquid and gaseous hydrocarbons. Provision of main pipeline safety requires consideration of various risk factors related to both technical state of its facilities and such circumstances as: location of the main pipeline close to settlements and natural sites prone to environmental pollution; external anthropogenic (e.g., unauthorized main pipeline junction) and natural (earthquakes, landslides) effects on main pipelines. In this regard, the bill’s objective is: protection of life or health of citizens, property of individuals or legal entities, state or municipal property; environmental protection, protection of life or health of animals and plants; provision of energy efficiency.

At present, according to the information on the official website of the State Duma of the Russian Federation, the third reading of this bill has not yet taken place[12].

It is also worth mentioning that there is no special regulatory instrument, which would provide for registration of the oil pipeline as a real estate item. In relation to some facilities, special regulation is stipulated by the regulatory legal instruments, including Resolution of the Government of the Russian Federation dd. February 11, 2005 No. 68 “On the Specifics of State Registration of the Right of Ownership and Other Proprietary Rights to Cable Line Communication Structures”[13]; and the recommendatory acts, for example, Order of the Ministry of Justice of Russia dd. October 30, 2001 No. 289/422/224/243, Order of the Federal Agency for State Property Management of Russia dd. October 30, 2001 No. 289/422/224/243, Order of the Ministry of Economic Development dd. October 30, 2001 No. 289/422/224/243, Order of the Federal Agency for Construction and Housing Policy dd. October 30, 2001 No. 289/422/224/243 “On Approval of the Guidelines for the Procedure of State Registration of Rights to Real Estate Items – Energy Industrial-Engineering Complexes of Power Plants and Power Grids”.

Taking into account features common to the main oil pipeline as a real estate item, as a hazardous industrial facility and as a construction project, it seems reasonable to raise the issue of harmonizing standards related to main oil pipelines.

According to the author, many problems in legal regulation of main oil pipeline construction could be resolved by adoption of a unified act governing relations in construction and operation of main oil pipelines, which would include general provisions for construction and operation of main oil pipelines.



[1] Decree of the Government of the Russian Federation dd. November 13, 2009 No. 1715-р “On Approval of the Energy Strategy of Russia for the Period up to 2030” // Collection of the Legislative Acts of the Russian Federation, 2009, No. 48, Art. 5836 (in Russian).

[2] Federal Law dd. July 21, 1997 No. 116-ФЗ “On Industrial Safety of Hazardous Production Facilities” // Collection of the Legislative Acts of the Russian Federation, 1997, No. 30, Art. 3588 (in Russian).

[3] For more details on legal regulation of construction and modernization of energy facilities, see: Romanova, V.V. Legal Regulation of Construction and Modernization of Energy Facilities. Moscow: Yurist Publishing House, 2012 (in Russian).

[4] Federal Law dd. November 30, 2011 No. 366-ФЗ “On Ratification of the Convention on Prevention of Major Industrial Accidents (Convention No. 174)” // Collection of the Legislative Acts of the Russian Federation, 2011, No. 49 (Part 1), Art. 7044 (in Russian).

[5] URL: http://www.complexdoc.ru/norms/design/2764 (in Russian).

[6] See, e.g., acts of Neftegazstroy (Self-Regulatory Organization Non-Profit Partnership in Construction of Oil and Gas Facilities). URL: http://www.npngs.ru/documents/active/ (in Russian).

[7] Resolution of the Government of the Russian Federation dd. December 1, 2009 No. 982 “On Approval of the Unified List of Products Subject to Mandatory Certification, and the Unified List of Products, for which the Confirmation of Conformity is Made in the Form of a Declaration of Conformity” // Collection of the Legislative Acts of the Russian Federation, 2009, No. 50, Art. 6096 (in Russian).

[8] Resolution of the Government of the Russian Federation dd. October 20, 2010 No. 848 “On Amending Resolution of the Government of the Russian Federation dd. December 1, 2009 No. 982” // Collection of the Legislative Acts of the Russian Federation, 2010, No. 43, Art. 5517 (in Russian).

[9] Resolution of the Government of the Russian Federation dd. March 21, 2012 No. 213 “On Amending Resolution of the Government of the Russian Federation dd. December 1, 2009 No. 982” // Collection of the Legislative Acts of the Russian Federation, 2012, No. 13, Art. 1525 (in Russian).

[10] Federal Law dd. December 27, 2002 No. 184-ФЗ “On Technical Regulation” // Collection of the Legislative Acts of the Russian Federation, 2002, No. 52 (Part I), Art. 5140 (in Russian).

[11] URL: http://www.duma.gov.ru/systems/law/?number=408228-5&sort=date (in Russian).

[12] See: URL: http://asozd2.duma.gov.ru/main.nsf/%28SpravkaNew%29?OpenAgent&RN=408228-5&02 (in Russian).

[13] Resolution of the Government of the Russian Federation dd. February 11, 2005 No. 68 “On the Specifics of State Registration of the Right of Ownership and Other Proprietary Rights to Cable Line Communication Structures” // Collection of the Legislative Acts of the Russian Federation, 2005, No. 8, Art. 650 (in Russian).

Bibliography:

  1. Romanova, V.V. Legal Regulation of Construction and Modernization of Energy Facilities / V.V. Romanova. Moscow: Yurist Publishing House, 2012 (in Russian).