7.6. The Law on Subsoil — 25 Years of Development: Results and Prospects

Track: 7. Industry. Resources. Environment

Description

The Discussion Session is organized by Rosneft

This year it will be 25 years since Subsoil Law of the Russian Federation was adopted.

Subsoil Law appeared in the very beginning of Russia’s transfer to market economy when different concepts and scenarios of state and its extraction sector development were the priority.

Subsoil Law and Regulation on Subsoil Use Licensing, both adopted in 1992, improved the authorization system of subsoil use and fixed the national system of subsoil use licensing as the basis for subsoil management in the territory of the Russian Federation, without any changes to the main principles the system had been based on.

The Law has recently undergone material positive changes. Nowadays the regulation in the respective area is based on the legal concepts of reasonable use and protection of subsoil and provides not only for subsoil users’ rights protection but also for public interests and those of Russian citizens.

The Session will cover the history of development not only of Subsoil Law but of Russian subsoil use legislation as a whole, and will include a comparative legal review of Russian and foreign subsoil use systems, and forecasts on subsoil use regulation development.

Heads of regulating authorities responsible for subsoil use, leading researchers and experts, CEOs of extracting companies will speak on the results of 25 years of Subsoil Law development.

Moderator:

Viktor Nesterenko

President, RusEnergyLaw School, Chairman of the Board of Guardians, EnergyLaw&Economy Fund


Biography
Education

Department of International Law, Moscow State Institute (University) of International Relations of the Foreign Ministry of Russia, 1993

Career History Publishing Projects

Viktor Nesterenko is the Founder and Editor-in-Chief of the following law media: Oil, Gas & Law Journal, Russian/CIS Energy & Mining Law Journal, Energy & Law Journal, Oil&Gas, Energy and Law annual bulletin, Energy Law Courier bulletin, ПРАВОТЭК.РФ/LAWTEK.RU website

Professional Education Projects
  • Since 2001: Initiator and Chair of the Organizing Committee, RusEnergyLaw International Conference, LawTEK International Forum
  • Since 2005: Founder of the RusEnergyLaw School
  • Since 2008: Initiator and Chair of the Organizing Committee of the annual conference, Use of Subsoil Resources in Russia: Government Regulation and Practice
  • Since 2013: leads retraining programmes at the I.M. Gubkin Russian Oil and Gas University in legal regulation of subsoil use, taxation and accounting in mining, land law and property transactions, and other subjects.
  • Since 2015: Initiator and Chair of the Organizing Committee, National Subsoil Users’ Forum
  • Since 2015: Initiator and Moderator of the National Retraining Programme in Subsoil Resource Use, supported by the Ministry of Natural Resources of Russia, Rosnedra, Rosprirodnadzor and Rosgeoleksperetiza.
Awards and Commendations
  • Letter of gratitude from the Ministry of Natural Resources and Environment of the Russian Federation for many years of productive work in the field of natural resources and environment law (2010).
  • Certificate of Merit, conferred by the Ministry of Natural Resources and Environment of the Russian Federation in recognition of Viktor Nesterenko’s outstanding personal contribution towards the development of natural resources legislation and the training of qualified workforce for the mining and oil&gas industries (2015).
  • Certificate of Merit, conferred by the Federal Natural Resources Agency (2016).
  • Alexander Fersman Medal “For Service in Geology” in recognition of Viktor Nesterenko’s dedicated service in the training and education of workforce for the industry of geology (2016).
Membership in Professional Associations and Bodies
  • 2001 – 2003: Law, Banking and Finance Working Committee of the European Business Congress
  • Since 2003: Kazakhstan Association of Oil and Gas Lawyers
  • Since 2005: Chair, Energy Law Commission, and member of the Coordinating Board of the International Lawyers’ Union (successor to Lawyers’ Union of the USSR)
  • Since 2011: Expert Council on Improvements in Taxation Law and Law Enforcement Practice, Chamber of Commerce & Industry of the Russian Federation
  • Since 2016: Russian Geological Society
  • Since 2017: Moscow Lawyers’ Club
  • Since 2017: “Russian Council for the Facilitation of Arbitral Proceedings” Association
Published Work

Viktor Nesterenko has published a number of papers and articles on the legal regulation of mining and subsoil resource use, and on various aspects of the Russian energy sector

Foreign Languages

French, Spanish, English

Speakers:

Sergey Filatov

Director of the Subsurface Management Departament of the Khanty-Mansiysk Autonomous Okrug – Yugra


Biography
Education and academic career

In 2003, he graduated from Tomsk State Oil and Gas University with a degree in Economics and Fuel and Energy Management; Candidate of Economic Sciences (Ph.D. equivalent), chartered surveyor.

Professional background

09.2001 – 10.2015: V.I. Shpielman Research and Analytical Centre of Rational Subsoil Management, engineer, research fellow, head of Geomodelling Department.

16.10.2015 – present time: Subsoil Management Director, Khanty-Mansi Autonomous Okrug.

Publications and teaching experience

Author of a number of articles about economic appraisal of oil and gas assets and subsoil management regulation in such journals as Neft, gaz i pravo and Neftegaz, energetika i zakonodatelstvo yearbook.

Leading lecturer on subsoil use in LawTEK school.

Chief expert of national conference titled Subsoil Use in Russia: State Regulation and Practice (2008–2016).

Member of the Organizing Committee of the Russian National Subsoil User Forum.

Sergey Gudkov

Director, FBU 'Rosgeolexpertiza'

Anatoly Kapustin

First Deputy Director, Institute of Legislation and Comparative Jurisprudence under the Government of the Russian Federation


Biography

First deputy director of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Doctor of Law, professor.

Born in 1954.

In 1980, he graduated from the Economics and Law Department, Patrice Lumumba People’s Friendship University (PFU) with a degree in Law Studies; in 1980–1983, he took up post-graduate studies at International Law Department of the PFU, where he defended his dissertation for the degree of Candidate of Sciences (Ph.D. equivalent) in 1984 under the supervision of Professor I.P. Blishenko. In 2001, he defended his doctorate dissertation at Moscow State Law Academy (his academic advisor was Professor K.A. Bekyashev).

In 1983–2010, he worked in Peoples’ Friendship University of Russia (RUDN) as an assistant and associate professor at International Law Department.

In 1995–2010: dean of RUDN Law Department, in 2000–2010: head of RUDN International Law Chair.

Since November 2010: head of Comparative Law Research Centre, Institute of Legislation and Comparative Law under the Government of the Russian Federation (ILCL); June 2011–September 2012: ILCL deputy director; September 2012–June 2013: head of ILCL Curriculum Centre; June 2013–May 2014: ILCL deputy director; since May 2014: ILCL first deputy director.

He is an internationally published author and co-author of over 250 research papers, including 8 monographs, 6 course books and 10 textbooks.

In 2008, he was elected president of the Russian Association of International Law; re-elected in 2013 for another term.

Chairman of the International Law Commission at the Russian Bar Association; deputy chairman of the State Duma Legislative Improvement Council; member of the Russian Public Council for International Cooperation and Public Diplomacy of the Russian Civil Chamber; member of Academic Advisory Council at the Russian Civic Chamber; member of Academic Council of the Russian Ministry of Foreign Affairs.

Member of Executive Committee of International Law Association (London).

Member of International Institute of Space Law at International Astronautical Federation (Paris).

Decorated with the Order of Friendship and several medals; received a letter of acknowledgement by the president of the Russian Federation.

Ivan Marisin

Partner, Practice Group Chair - International Arbitration & Dispute Resolution (Firmwide), Baker Botts LLP


Biography

Mr. Marisin is a “universally respected” and "a star disputes lawyer – a veteran of the market with huge practical experience" Chambers Europe (2015) . He has represented domestic and international clients in more than 100 major litigations and arbitrations worldwide, and has acted for Russian and foreign clients on corporate, banking and foreign investment matters over the last 30 years. Mr Marisin has also advised on numerous commercial cases involving the recognition and enforcement in Russia of foreign judgments and awards. Ivan Marisin is an accredited arbitrator at the International Commercial Arbitration Court at Chamber of Industry of the Russian Federation (ICAC), International Arbitral Center in Vienna and other leading centers for arbitration.  He is listed as a top-tier dispute resolution practitioner in Russia by Chambers Global (2016), Chambers Europe (2016) and Legal 500 EMEA (2016).

Publications, Speeches, and Presentations

  • The International Comparative Guide to Litigation & Dispute Resolution, Jurisdiction Chapter - Russia, January 2016
  • The International Comparative Legal Guide to Class & Group Actions, Jurisdiction Chapter - Russia, January 2016

Evgeniy Mazkov

Vice-head of GR Department, OJSK Rosneft


Biography

Education

Graduated cum laude from Kutafin Moscow State Law University in 2005.

 

Academic career

In 2009, he defended his dissertation for the degree of Candidate of Sciences titled “Legal Regulation of Geological Survey and Oil and Gas Production on the Continental Shelf of the Russian Federation” and was given the academic title of Candidate of Legal Sciences (Ph.D. equivalent).

Professional background

2004–2005: Ministry of the Russian Federation for Antimonopoly Policy and Support to Entrepreneurship;

2005–2007: senior in-house lawyer, deputy head of Resource Management Regulation, PSA Nedra Centr, Ministry of Natural Resources of Russia;

2007–2013: head of Licensing, Subsoil Use and HSE Enforcement Directorate, Legal Support Department, Rosneft;

2013–present: first deputy director of GR and Governance Directorate, Rosneft.

 

Achievements and awards

Letter of acknowledgement from the president of the Russian Federation

 

Publications, scientific works

A number of publications on subsoil use and energy regulation in Russia in such journals as Neft, gaz i pravo, Neftegaz, energetika i zakonodatelstvo annual digest and on www.lawtek.ru portal.

Author of a lecture course on mining, land and natural resource law.

Leading lecturer on subsoil use in LawTEK school.

Chief expert of national conference titled Subsoil Use in Russia: State Regulation and Practice (2008–2016).

Member of the Organizing Committee of the Russian National Subsoil User Forum.

Denis Nikishin

Deputy Director for Legal Affairs and Licensing of Subsoil Use, FBU 'Rosgeolexpertiza'


Biography

Deputy Director of Legal Affairs and Subsoil Licensing, Rosgeolekspertiza

Еducation

In 2010 graduated with honours from the Moscow State Law Academy named after O.E. Kutafin.

Scientific activities

In 2013 defended thesis on "The legal mechanisms of subsoil use" for which he was awarded the degree of Candidate of Legal Sciences.

Professional experience

Since 2009 he joined Rosgeolekspertiza where he has been holding various positions.

Publications, teaching activities

Author of several articles on legal regulation of subsoil relationships.

Author of several articles on the subject of legal regulation of subsoil use, including in the journal "Oil, Gas and Law", the Yearbook "Oil, Gas, Energy and Legislation."

Leading lecturer on the issues of subsoil use of RusEnergyLaw School (Pravotek).

Leading expert of the all-Russian conference "Subsoil use in Russia: state regulation and practice". (2008-2016).

Alexey Oryol

Director of the Department of State Policy and Regulation in the Field of Geology and Subsoil Use, Ministry of Natural Resources and Ecology of the Russian Federation


Biography

Director of the Department of State Policy and Regulation of Geology and Subsoil Use at the Ministry of Natural Resources and Ecology of the Russian Federation.

In 1975, he graduated from Gubkin Russian State University of Oil and Gas with a degree in Geology and Exploration of Oil and Gas Fields.

After graduation, he worked as a geological engineer at Russian Research Institute for Natural Gases and Gas Technologies and pursued academic activities.

In 1987, he was appointed chief geological engineer at OAO Zarubezhneft (Damascus, Syria).

In 1989, he continued his academic career at the Institute of Geology and Fossil Fuels Exploration of the Ministry of Oil Industry and at the Academy of Sciences of the USSR.

In 1994–1999, he served as a deputy country manager of BHP Petroleum.

In 1999, he entered government service and has worked at various departments at the Ministry of Natural Resources and Ecology, Ministry of Energy and Ministry of Economic Development and Trade of the Russian Federation, where at different times he dealt with issues of licensing and legal and regulatory activities.

Since 2002 to date has been working as a liaison officer between state authorities and regional offices of subsoil user companies.

In 2011, he became the director of the Department of State Policy and Regulation of Geology and Subsoil Use at the Ministry of Natural Resources and Ecology of the Russian Federation.

Candidate of Geological and Mineralogical Sciences.

Member of the organizing committee of the All-Russian Forum of Subsoil Users.

Roman Romanov

Head of the Technologies for Hard-to-recover Reserves Development Group, Surgutneftegas OJSC

Artem Sidorov

Head, Federal Service for Supervision of Nature Management (Rosprirodnadzor)

Elena Soboleva

Deputy Head of the Department of Affairs - Head of the Legal Department, Federal Agency for Subsoil Use


Biography

Deputy head of Administration and head of the Legal Support Department at the Federal Subsoil Resources Management Agency.

University degree. In 1988, she graduated from the Law Faculty of Samara State University with a diploma in Legal Studies.

  • In 1989–1991: professor at the Justice Department of Tyumen State University.
  • In 1992–1995: deputy head of the Tyumen Antitrust Board.
  • In 1995–2013: various positions in the oil and gas sector.
  • Since 2014: deputy head of Administration and head of the Legal Support Department at the Federal Subsoil Resources Management Agency.

Senior lecturer on the topics of subsoil use at LawTEK school.

Member of the organizing committee of the All-Russian Forum of Subsoil Users.


*This schedule may be subject to change