State control (supervision) in the implementation of entrepreneurial activities in the oil sector of energy

Abstract

An analysis was made of the current legislation regulating the general procedure for exercising state control (supervision), as well as review documents on state control (supervision) of the Ministry of Economic Development of the Russian Federation, the Federal Antimonopoly Service, the Committee for Permitting and Supervisory Activities of the Russian Union of Industrialists and Entrepreneurs (RUIE). At the same time, directions for development and improvement were identified. In particular, it was noted that a fundamental methodological document has been developed — the Performance and Efficiency Management Maturity Standard, in accordance with which work will be based on the implementation of the performance and efficiency system in the activities of control and oversight bodies in 2018–2025.

In order to develop a systematic understanding of control (supervision) in the oil industry, their types are considered at certain stages of economic activity of business entities in the oil sector: 1) at the stage of prospecting, exploration of oil fields, 2) at the stage of oil production, 3) at the stage of transportation, 4) during storage, processing and marketing.

On the part of the state, at the first stage of economic activity, the basic requirements are established, and state control is exercised over geological study, rational use and protection of the subsoil. At the extraction stage, in accordance with the provisions of Art. 23.3 of the Law of the Russian Federation “On Subsoil”, technical, tax and other types of control are carried out. At the stage of transportation, along with technical and technological, customs control is carried out. During storage, processing and marketing, as well as at other stages of economic activity, antimonopoly control is carried out. It is noted that in this area, the reform of control and supervision activities and a risk-based approach are also being carried out in the organization of certain types of control (supervision) in the field of antimonopoly regulation. At all stages of economic activity, the requirements for the safe conduct of work must be met. These requirements relate to energy, industrial, environmental and other types of safety. Along with the specified special control checks in the field of activity of economic entities, checks are also carried out by other control and supervisory bodies: the prosecutor's office, the Ministry of Emergency Situations, the sanitary and epidemiological service, etc. It is concluded that a system- forming regulatory legal act is needed, which defines the concept of control (supervision), types of control (supervision), state bodies exercising control (supervision), procedures for exercising control (supervision) and mechanisms for protecting the rights of controlled economic entities in the oil sector of energy. Within the framework of the tasks defined in the Message of the President of the Russian Federation in terms of improving the control and supervision system, it is advisable to analyze all regulatory legal acts in this area. It is also necessary to develop and adopt a general backbone law on the types of state control (supervision) and general rules for its implementation.