Legal Aspects Of Enforcing The Rights Of Gas Pipeline Title Owners When Performing Works On Land Plots Owned By Others

Abstract

This article is dedicated to a complex study of the issues of protection of rights of title gas pipeline holders (gas pipeline owners and gas pipeline operating companies) in performance of engineering works on gas transmission network sections located within the boundaries of land plots owned by others. Considering the special nature of a gas transmission network as a source of increased danger and a hazardous industrial facility, the author believes that one of the priority areas of gas pipeline operation is regular diagnostics and maintenance as well as in-process current (emergency) repair performed to avoid any breakdowns of the normal operation mode of the gas transmission network and causing of damage to lives, health and property of third parties. Taking into account these circumstances and the specifics of legal regulation of gas pipeline operation, the author of the article singles out the legal problem that lies in the ambiguity of approaches to the solution of the issue of provision of the title gas pipeline holder with access to the operated section of the gas transmission network if such facility is located within the boundaries of a land plot not owned by the gas pipeline holder. In order to solve this problem, the author performs a systemic analysis of the applicable laws of the Russian Federation and the legislative practice of some foreign countries and singles out three key concepts of provision of access to a gas pipeline located at a land plot owned by another person; such concepts include an opportunity to establish private or public easement and imperative proclamation of the unconditional right of the gas pipeline holder to unrestricted access to any section of the operated gas transmission network irrespective of the ownership of land plots such sites are located at. The author gives a systemic evaluation of each of the mentioned conceptual approaches; based on such evaluation, the author brings forward recommendations for improvement of the applicable laws to comply with the proclaimed principle of ensuring energy security of the Russian Federation.