Правовое обеспечение реализации экологических проектов финансовыми инструментами в сфере ТЭК (на примере деятельности ПАО «Русгидро»)

Abstract

The development of the fuel and energy sector is the most important strategic task of the Russian Federation for the foreseeable future. Obviously, it cannot be solved without timely and high-quality statutory regulation. A related problem is the global environmental degradation, which is largely due to the long and complex process of modernization of production facilities of both extractive and processing industries. In particular, the fuel and energy industry is associated with serious environmental risks arising during the extraction, transportation and storage of natural energy resources. In this regard, it seems that the fuel and energy sector associated with generating heat and electricity from renewable energy sources is the least exposed to environmental risks related to the reduction of natural resources. At the same time, the equipment used, for example, in hydropower generation urgently needs modernization, as the current stock causes environmental damage, but such activities require additional funding sources. The purpose of this study is to systematically analyze the application of legal mechanisms of financing environmental projects implemented in the fuel and energy sector. The methodological framework of the study was determined by the approach of materialistic positivism, which determines the application of a set of general scientific and special legal methods of scientific cognition, in particular, the methods of formal logic, systematicity, analysis, comparative-legal and formal-legal methods. As a result of the study, the author proved that developing the legal doctrine of securities as a way of investment, namely creating a legal structure of digital green industrial mortgages, is applicable to the fuel and energy industry. Based on the results of the study, the author concludes that the synergy of relations between economic entities, lending institutions and investors will have a multiple positive effect both on the country’s economy and on the environmental situation, if the priority legal instruments is applied to the relations arising in the implementation of environmental projects in the fuel and energy sector of the economy. The author proposes amendments to current laws, namely: to formalize a definition and legal framework of digital securities and their types in the annex to Chapter 7 of the Civil Code of the Russian Federation.