Problems and Prospects of Legal Regulation of the Disposal of Components of Energy Facilities Using Renewable Generation in Russia

During the fourth energy transition, renewable energy sources play a special role as a type of sustainable energy capable of replacing fossil fuels, especially in the electric power sector. Indeed, at present, energy facilities based on renewable energy sources (RES) occupy a significant place in the fuel and energy complex. At the same time, the expert community continues to discuss the advantages and disadvantages of renewable generation, including the instability of energy production, high financial costs during the construction of RES facilities, the environmental friendliness of such energy facilities, etc. Thus, the areas of further development and timely implementation of renewable energy sources in the energy sector include the disposal of components of energy facilities using renewable generation. This aspect may be considered an integral element of the legal regime of said energy facilities and therefore falls within the scope of energy law regulation. The legal regulation of RES in Russia is based on various regulations, namely Federal Law No. 35-FZ dated March 26, 2003, “On Electric Power Industry,” Decree of the Government of the Russian Federation No. 2359 dated December 28, 2023, Decree of the Government of the Russian Federation No. 86 dated January 30, 2021, and others. However, current Russian law does not establish rules and standards for the disposal of components of energy facilities using renewable energy sources. The practice of legal regulation in China and India may serve as a progressive example of legislative regulation of this area. These states occupy leading positions in terms of production and consumption of electric energy produced using renewable sources. Taking into account the examined foreign legal regulation experience, this article offers proposals for updating the current energy laws of the Russian Federation in the field of disposal of components of energy facilities using renewable generation.