On the subject and sectoral status of energy law in the system of Russian law

Abstract

The article is devoted to the controversial aspects of the sectoral status of energy law. It is noted that the following can be used as working criteria for the allocation of branches in the legal system: the independence of the subject of legal regulation (as a general rule, it should not completely or in its main part coincide with the subject of another, already existing branch of law); the presence of a codified or similar generalizing legislative act; the main criterion is an independent normative content that is, the existence of principles and norms that do not relate to other branches of law and do not duplicate them in meaning. At the same time, the only generalizing legislative act that provides legal regulation of energy relations in general, and not of their individual types, does not have sufficient regulatory independence to give the appropriate regulation an industry scale. It can be concluded that at present energy law is an intersectoral legal institution combining the norms of civil, administrative and some other branches of law, as well as a number of its own norms, including a relatively poorly developed general part and strong sub-institutions (electric, nuclear, oil and gas, etc. law), and independent The normative content is mainly concentrated in the subinstitutions, and not in the general part of the institute.