Kuleshova A.N. The Legal Regulation of the Relations in Oil and Gas Production: The Problem Statement

DOI: https://doi.org/10.15688/lc.jvolsu.2020.3.14

Anastasia N. Kuleshova, Junior Scientific Assistant, Department of Civil and Labor Law, Civil Procedure, Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikotya, Akademika Volgina St, 12, 117997 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4191-3047

Introduction: the paper deals with certain issues of the legal regulation of the relations in oil and gas production. The reasons for the fragmentary and non-systematic legal regulation of the economic relations for the planning and working of mines by the special legislation are highlighted. The paper considers the system of norms regulating the control in the Russian Federation, which requires further development regarding the establishment of sanctions for the violations of environmental safety and negative impact on the environment. The purpose of research: to analyze the features of the legal regulation of public relations in the oil and gas sector, identify the theoretical positions and problems of the law enforcement, and form recommendations for improving the legislation in this area. The research used the following methods: the general method (dialectical materialism); the general scientific methods (logical (induction, deduction, analysis and synthesis), system and functional); private law methods (formal legal, comparative legal). Results: the issues of the legal regulation of the regime of oil and petroleum products are considered, and the theoretical concepts are presented. The problems of the law enforcement based on the dual interpretation of the norms of law in the oil sector and, as a result, their incorrect application are identified. The problem of the local regulation of the fuel and economic complex is raised and the recommendation is made to generalize or fill in the gaps in the regulations in the sphere of regulating public relations in the oil and gas industry. Conclusion: the author substantiates the need to fill in the gaps in the legislation starting from the bylaw regulation and to rely on the practical experience of the companies in the field of oil and gas production. It is argued that it is possible to fill in the gaps in the law at the first stage by means of issuing orders from the ministries and departments.

Key words: legal regulation of oil and gas production, gaps in the legal regulation, industry norms of civil and business law, complex norms, unified norms, environmental harm.

Citation. Kuleshova A.N. The Legal Regulation of the Relations in Oil and Gas Production: The Problem Statement. Legal Concept, 2020, vol. 19, no. 3, pp. 103-107. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.3.14

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