Private Law Regulation in the Sphere of Renewable Energy: Features and Development Problems

The paper is devoted to the consideration of the features of private law regulation of renewable energy. In particular, the specifics of private law regulation in the specified area are highlighted. It is related to establishing the legal regime of facilities for generating energy based on renewable energy sources (RES); creating private law mechanisms aimed at developing the generation of electricity based on RES, including legal regulation of the circulation of certificates of origin of the specified electricity; establishing the legal status of participants in relations in the sphere of production and circulation of this electricity. Particular attention is given to the mechanism established by law for the circulation of generation attributes and certificates of origin of electricity. The structures of these legal instruments are examined in detail, and their legal nature is revealed. The advisability of the parallel existence in the legal plane of generation attributes and certificates of origin of electricity is questioned. Based on the analysis of foreign experience in legal regulation, proposals are made to optimize the mechanism for the functioning of the market for these certificates, and the specifics of trading I-REC certificates are considered.

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Publication Details

Journal
Actual Problems of Russian Law
Published
2024-11-20
DOI
https://doi.org/10.17803/1994-1471.2025.171.2.165-179
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Private Law Regulation in the Sphere of Renewable Energy: Features and Development Problems

S. A. Svirkov
Actual Problems of Russian Law
Digital Transformation in Law
article

Private Law Regulation in the Sphere of Renewable Energy: Features and Development Problems

S. A. Svirkov
article en

Abstract

The paper is devoted to the consideration of the features of private law regulation of renewable energy. In particular, the specifics of private law regulation in the specified area are highlighted. It is related to establishing the legal regime of facilities for generating energy based on renewable energy sources (RES); creating private law mechanisms aimed at developing the generation of electricity based on RES, including legal regulation of the circulation of certificates of origin of the specified electricity; establishing the legal status of participants in relations in the sphere of production and circulation of this electricity. Particular attention is given to the mechanism established by law for the circulation of generation attributes and certificates of origin of electricity. The structures of these legal instruments are examined in detail, and their legal nature is revealed. The advisability of the parallel existence in the legal plane of generation attributes and certificates of origin of electricity is questioned. Based on the analysis of foreign experience in legal regulation, proposals are made to optimize the mechanism for the functioning of the market for these certificates, and the specifics of trading I-REC certificates are considered.

Actual Problems of Russian LawVol. 20(2)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 49%
Digital Transformation in Law
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