Правовые и экологические предпосылки отнесения крупных ГЭС к возобновляемым источникам энергии в условиях Таджикистана: инициирование дискуссии

Abstract

The article aims to trigger the discussion on one of the most pressing issues of modern power-related legislation extremely important for the further development of the power sector of the Republic of Tajikistan and other states possessing significant hydropower potential. In particular, the article raises the problem of the unsoundness of the generally recognized perception of large-scale hydroelectric power plants (HPPs) as not belonging to renewable sources of energy. The authors examined a series of publications setting out the idea of recognizing HPPs as renewables and elaborated it based on own observations and arguments in the context of Tajikistan’s hydropower capacity. The research investigated the theoretical conclusions, regulatory provisions of national legislations and international legal documents describing the legal essence of the concepts of “renewable” and “traditional” energies. The study aimed to legally and technically justify large HPPs bearing all the characteristics of renewable energy generation based on the available findings of technical, environmental, and legal studies, as well as empirical data, own expertise, and other information. The study’s methodological basis included a set of general scientific cognition (dialectical, analytical, and synthetic) and purely scientific research (formal-legal, comparative-legal, and technical-legal) methods. The authors conclude that in the normative and conceptual apparatus of energy legislation, the concepts of “renewable” and “traditional” energies are interpreted via their juxtaposition, which is incorrect; and suggest the idea that traditional and renewable energies are not mutually exclusive, but quite compatible concepts. All renewable power may well claim to be traditional, and — like traditional energy — may be based on utilizing renewable sources. The article likewise reviews the principles of large HPPs operations allowing their classification as renewables, and Tajikistan’s hydropower potential substantiating the country’s natural intention to expand its hydropower. The research findings include the recommendation to allocate all types of financial support, currently available for developing renewable (alternative) energies, to advance large-scale hydropower generation.