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SPBILF Prize

7.1. Energetics as an Infrastructural Branch of Economy: Problems of Legal Regulation and Development Perspectives

Track: 7. Industry. Resources. Environment

Description

The Discussion Session is organized by Inter RAO

Energy industry is one of the most relevant and significant industries within an economic structure. It predetermines the development of independent states and larger regions. Fuel and energy complexes have their impact on national wealth, inflows to national budgets, and play an important role in supporting geopolitical interests of key market players in some regions.

At the panel discussion, we are planning to touch upon some issues related to competition development in fuel-and-energy area and to evaluate the feasibility of non-market instruments application.

It will be both interesting and important to review some statutory regulation issues, energy legislation prospects and trends and relevant issues of enforcement and judicial experience, with a special focus on power sales licenses, “alternative boiler station”, reference sales, etc.

It is notable that issues and guarantees related to judicial protection and sustainability of law systems in the countries of investees location are the priorities for both Russian and foreign investors in view of property choice for investments. Therefore, the panel participants are planning to touch upon the cases of investment disputes related to implementation of relevant fuel-and-energy projects, and foreign experience in regulation of investments in power industry.

It is also notable that both power and heating industries bear the legacy of material problems and challenges, i.e. wear of plant, property and equipment and lack of incentives for their decommissioning or overhaul; dramatic growth of the share of generating equipment, including ineffective units, working in a “forced” mode; need in effective combination of central power and heat supply systems, distributed generation and intellectual energy systems.

Development of both competition and government regulation (including anti-trust) of tariffs in power supply and central heating supply should play an important role in resolution of the issues the industry is currently facing.

The importance of the abovementioned issues and the fact that many aspects of fuel-and-energy area statutory regulation are not elaborated and rather doubtful, provided for the choice of subjects and the purpose of the panel discussion.

The event will be interesting both to public and private investors, Russian and foreign energy companies and enterprises, government authorities representatives and experts community.

Moderator:

Mikhail Konstantinov

Board Member – Head of Legal Work Department, Inter RAO Group


Biography

Year of birth: 1968

Education: Candidate Doctor of Jurisprudence, Tver Institute of Environment and Law

Citizenship: Russian

Career History for the past 5 years:
  • 2016 to present: Member of the Management Board, Leader of the Legal Cluster, PJSC Inter RAO
  • 2012 – 2016: Leader of the Corporate and Property Relations Cluster, PJSC Inter RAO
  • 2010 – 2012: Head of Legal Directorate, OJSC Sobinbank

Speakers

Anastasiya Bondarenko

Head of the Legal department, Ministry of energy of the Russian Federation


Biography
Director of the Legal Department, Ministry of Energy of the Russian Federation Professional experience:

In 2000–2012 served as a lawyer in federal executive bodies (RF Ministry of Natural Resources, Ministry of Energy, Rosenergo – Russian Energy Agency).

Since July 2008 to date acts as director of Legal Department of the RF Ministry of Energy.

Attended several advanced training courses on state purchases, urban planning legislation, investments, subsoil use, financial policy and budgetary relations.

She participated in the ministry's preparation of the federal laws, decrees and executive orders of the RF Government and departmental orders of the Ministry of Energy regulating the relations in the fuel and energy complex, including:

  • draft federal law On the Basic Principles of State Regulation of Extraction, Processing and Transportation of Oil and Oil Products (submitted to the Government of the Russian Federation);
  • federal law dd. December 3, 2011 No 382 On the State Information System of the Fuel and Energy Complex;
  • RF Government decree No 977 dd. December 1, 2009 On Investment Programs for Electric Power Sector Entities.
Professional interests:

Constitutional law, administrative law, civil law, budget law, capital construction investment legislation.

Achievements and awards:

Decorated with several ministerial awards, including Letter of Acknowledgement by the Ministry of Industry and Energy of the Russian Federation, Honorary Certificate by the Ministry of Industry and Energy of the Russian Federation, honorary titles Honoured Energy Worker and Honoured Oil Worker

Dominique Fache

Member of the Board of Directors, Sophia Antipolis Science Park - Member of Board, KEGOC


Biography
Education:
  • Lycee Corneille Rouen
  • ParisX University of Sorbonne, Agrege de l’Universite
  • Moscow State University (MGU) 1 year
  • Ingenieur Centre National Recherche scientifique CNRS
  • Collaboration with Paris School of Mines & Ecole Superieure Electricite
Languages:
  • French – native
  • English
  • Russian – fluent
  • Italian
  • Spanish
Professional Experience:
  • 1972 – 1988: engineer, then Deputy Director of the Sophia Antipolis science park in Nice, member of the Board of Directors. Founder of Sophia Antipolis Art Festival
  • 1988- 1992: CEO TSD & Stratech / international science park consulting
  • 1993 – 2003: Vice President of the Schlumberger Group, General Manager for Russia and CIS
  • Chairman of the Board of Schlumberger Ukrgas meter company, Kiev
  • Member of UROMGAS Board Ekaterinburg JV SLB Uraltransgaz 2001: Founding member of CLUB de NICE, Geopolitique et Energie
  • 2006: Director SUEK Board Siberian energy coal company
  • SUEK Chairman Corporate University ,2010 Commission to Pt RF on modernisation
  • 2007: Enel Country manager for Russia and CIS
  • 2008 March: Chairman of the Board of Directors of OJSC ‘Enel OGK-5’
  • Board Member Market council
  • 2011: Member of the Board of the European Business Association, Sophia Antipolis Foundation
  • 2015: Chairman Russian Technology Foundation

Vitaliy Korolev

Deputy Head, Federal Antimonopoly Service of the Russian Federation


Biography

Position: Deputy Head of Federal Antimonopoly Service

Born on June 23, 1980 in Krasnoyarsk.

Education
  • Has three degrees, including in Law and Economics.
  • Candidate of Economic Sciences (Ph.D. equivalent).
Professional experience
  • In 2001–2002: Krasnoyarsknefteprodukt.
  • In 2002–2005: Krasnoyarskenergo.
  • Since 2005 works in Federal Antimonopoly Service.
  • In August 2008, he was appointed manager of the newly-established Electric Power Control Directorate at the FAS of Russia.
  • On October 20, 2015, he was appointed deputy head of the FAS of Russia.
  • His personal input in the enforcement of competition public policy was honoured with the certificates by the FAS of Russia in 2006 and 2010 and letters of acknowledgement in 2008 and 2009.
  • In 2009, he received an honorary certificate by OPORA Russia, a national NGO for small and medium enterprises, for his contribution in the promotion of SMEs.
  • In 2012, he was awarded the title of Honoured Antimonopoly Officer.
  • In 2014, Russia’s Ministry of Energy in its order No 166П awarded him the title of Honoured Energy Worker.
  • In 2015, he received a letter of acknowledgement from the president of the Russian Federation.

Tamara Merebashvili

Head of Corporate Governance and Property Department, Inter RAO Group


Biography
Date of birth

10 June 1977

Education

St. Petersburg State University, 1999

Postgraduate degree:
  • Candidate Doctor of Jurisprudence
  • specialist in Civil Process
  • Arbitral Process
  • Civil Law
  • Enterprise Law, Family Law
  • International Private Law
Career history

2016 to present Head of Corporate and Property Relations Cluster, PJSC Inter RAO

Lidiya Mikheeva

Deputy Chairman of the Board, Research Center of Private Law of S.S. Alekseev under the President of the Russian Federation


Biography

Date of birth: 17 May 1971

Place of birth: Barnaul, Russia

Education:
  • 1993 – School of Law, Altai State University
  • 1998 – Candidate Doctor of Jurisprudence, Tomsk State University
  • 2003 — Doctor of Law (Civil Law), Tomsk State University
Career History:
  • 2004 to present
    Professor at the Russian School of Private Law. Full Professor at the Civil Law Chair of the Higher School of Economics (National Research University). Author of more than 150 research works.
  • 2008 - 2010
    Deputy Chief of Staff of the RF State Duma Committee for Civil, Criminal, Arbitral and Procedural Legislation, in the rank of State Councillor 3rd Class of the Russian Federation
  • 2006 – 2008
    Staff member and, from 2010 on – Deputy Chair of the Board of the Private Law Research Centre under the President of the Russian Federation (now Sergey Alekseyev Private Law Research Centre under the President of the Russian Federation)
  • Before 2006
    Teacher, then corporate lawyer.
  • Member of the Council on the Codification and Improvement of Civil Legislation under the President of the Russian Federation

    Lidia Mikheeva contributed to the drafting of a number of draft bills, primarily in civil law. She is on the consolidated project taskforce for the updating of the Civil Code of the Russian Federation at the RF State Duma Committee for Civil, Criminal, Arbitral and Procedural Legislation. As a permanent panellist on this taskforce, she prepared nine federal bills for review in their second and third drafts, which were subsequently included in the Code update package.

    Ms. Mikheeva chairs the Commission on Economic Legislation and Enterprise Community Relations at the Lawyers’ Association of Russia.

    She is a member of the Civic Chamber of the Russian Federation and member of the research advisory bodies of the Supreme Court and the Federal Notary Chamber of the RF.

    Lidia Mikheeva is a Doctor of Jurisprudence, Full Professor, Merited Lawyer of the Russian Federation.

    Elena Sapozhnikova

    Managing Director, United Capital Partners Advisory


    Biography
    Education:

    In 2000, she graduated from Moscow State University with a degree in Legal Studies.

    Place of employment:

    United Capital Partners Advisory, LLC.

    Position:

    Executive director of the UCP Group.

    Professional experience:
    • Since October 14, 2013 to date: Executive director of the UCP Group, United Capital Partners Advisory, LLC.
    • Since August 1, 2013 till October 11, 2013: lawyer, Freshfields Bruckhaus Deringer LLP (Great Britain), Moscow office, Russian Federation.
    • Since August 1, 2004 till August 1, 2013: lawyer, Freshfields Bruckhaus Deringer Company (Great Britain), on September 8, 2008 it has been renamed Freshfields Bruckhaus Deringer LLP (Great Britain), Moscow office, Russian Federation.

    Sergey Yesyakov

    First Deputy Chairman, Committee of the State Duma of the Federal Assembly of the Russian Federation on Energy


    Biography

    Mr Yesyakov was born on August 11, 1963 in Dmitriev Usad, Atyuryevsky District, Republic of Mordovia.

    Education, specialization:
    • In 1985, he graduated from the Leningrad Institute of Finance and Economics.
    • In 1999, he graduated from the Mordovian State University.
    • Candidate of Economic Sciences (Ph.D. equivalent).
    Professional experience:
    • In 1989–1992, deputy of the Congress of People's Deputies, Proletarsky District, Saransk city.
    • In 1996–2003, deputy director general for economics and finance at ОАО Mordovenergo.
    • In 2002–2007, deputy of the Legislative Assembly of Penza Oblast', 3rd convocation.
    • In 2003–2005, director general of the OAO Penzaenergo.
    • In 2005–2006, deputy director general of the ОАО ISDG of Urals and Volga.
    • In 2006–2007, director general of the OAO Volga IDC.
    • In 2007, executive director of the OAO Penzaenergo.
    • In 2007–2008, deputy director general and executive director of the ОАО IDGC of Volga.
    • In 2007–2011, deputy of the Legislative Assembly of Penza Oblast', 4th convocation.
    • In 2008–2011, deputy director general of the ОАО ISDG of Volga and director of the Penzaenergo branch.
    • In 2011, he was elected to the State Duma.
    • He is currently the first vice chairperson of the State Duma Energy Committee and head of the Department on Legislative Support of the Energy Sector of the Advisory Board under the State Duma Energy Committee.
    Achievements and awards:

    Mr Yesyakov was awarded an honorary certificate of the State Duma of theRussian Federation and the RF State Duma Badge of Honour for Services to the Development of Parliamentarism.


    *This schedule may be subject to change