Common Energy Fond of the Russian Federation as the base of Country’s Energy Security
The most important economic and legal tool for solving the tasks set by the Energy Security Doctrine approved by Presidential Decree No. 216 of May 13, 2019, could be the creation of the Unified Energy Fund of the Russian Federation (UEF RF) in the Russian Federation. The concept of formation of the Unified Energy Fund as a property economic and legal entity was for the first time generally formulated in the 90s of the last century in relation to the established in the USSR system of fuel and energy complex management (hereinafter - FEC) of the country and the fuel and energy balances (FEB) developed in the USSR. Despite the fact that the current legislation considers FEB mainly as documents of recommendatory nature, objective factors, based on which the above conclusions were made, existed and continue to exist, because they are based on the basic technical, technological and economic characteristics of the production processes and consumption of energy resources. The objective specifics of the fuel and energy complex are found in the fuel and energy balances drawn up in the industry, which can be characterized as an economic and legal form of organization and regulation of the technical and technological process of transition of energy resources as a material form into energy as a work. Fuel and energy balances, in turn, are the basis for the formation of energy funds of various economic entities. In the Russian Federation there is a tendency for the formation of the Unified Energy Fund of the Russian Federation and similar energy funds of other subjects as an organizational and economic structure, functioning in the form of fuel and energy balances, drawn up and approved at various object and subject levels. Energy funds at the current stage of legislative development are a legal institute, which is in its stage of formation. It mediates economic relations arising from the preparation, adoption and execution of fuel and energy balances of production, distribution and consumption of energy resources at various subject levels (all-Russian, regional, business). Fuel and energy balances are economic and legal form energy funds existence. Close current intertwining of public-law (non-market) and private-law (market) relations in the energy sector (due to both the specifics of production - transfer - consumption - management of energy resources and the specifics of technical and economic relations mediated by them objectively) requires a legal mechanism for harmonizing these diverse relations, which ideally could be energy law as a branch, an important part of which should incorporate the rules of energy security. Deep attributes of energy law as a complex branch are organic intertwining of equality relations with relations of power and subordination. The argument justifying the concept of the existence of energy law as an independent branch of law is the idea of energy funds, especially the Unified Energy Fund of the Russian Federation as the basis for the formation and functioning of energy law.