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7.1. Development of Ecology and Natural Resources Management in the Russian Federation: Balance between Private and Public Interests

Friday, 18 May
11:00 - 13:00

Hall #5, General Staff Building (6-8, Dvortsovaya sq.)

Organizer of the discussion session – International and Comparative Law Research Center.

The global trend towards neutralization of the human-induced impact on the climate system has pushed environmental agenda to the central stage of international politics and economics. Adaptation to the changing conditions is becoming a factor of competitiveness for the Russian resource companies that are the drivers of the Russian economy. However, these changes require appropriate regulation that takes into account both the best international practices and national interests.

Search for the balance between private and public interests in this area will be the subject of discussion that will involve the leading Russian and foreign experts, as well as representatives of the Russian resource companies.

 

Moderator

Petr Popov

Expert, International and Comparative Law Research Center

Biography

Петр Попов с отличием окончил юридический факультет МГУ им. М.В. Ломоносова в 2005 году.

Пётр имеет многолетний успешный опыт экспертно-правовой работы в сфере законотворчества и взаимодействия с высшими судебными инстанциями.

Пётр участвовал в работе объединения российских юридических фирм над предложениями к законопроекту о совершенствования Гражданского кодекса РФ. Участвует в законотворческой работе в различных областях, включая налогообложение, валютные операции, финансовый лизинг и другие.

Пётр участвовал в разработке законоположений, касающихся исчисления НДС при осуществлении нескольких уникальных проектов (создание инфраструктуры шельфовых месторождений углеводородов, эксплуатация космических спутников). Ряд предложений, разработанных Петром, воспринят законодателем практически в неизменном виде.

Пётр имеет значительный опыт успешного составления жалоб в Конституционный Суд РФ, в частности, по вопросам:

  • соразмерности взысканий за экологические правонарушения (учёт восстановительных работ, выполненных нарушителем);
  • оспаривания в Верховном Суде РФ писем ФНС России, еявляющихся нормативными правовыми актами, но имеющих нормативные свойства.

Пётр участвовал в обсуждении проекта одного из постановлений Пленума Высшего Арбитражного Суда РФ, принятие которого улучшило правовое регулирование соответствующей сферы деятельности, и в подготовке ряда заявлений в ВАС РФ по делам, разрешённым в порядке надзора в пользу заявителей; имеет успешный опыт представительства в Верховном Суде РФ.

Speakers

Tommy Beaudreau

Partner, Latham & Watkins LLP

Biography

Tommy Beaudreau is a partner in the Washington, D.C. office of Latham & Watkins and Global Co-Chair of the Project Siting & Approvals Practice. Mr. Beaudreau joined Latham’s Washington, D.C. office after serving six and a half years in the United States Department of the Interior, including as the first Director of the Bureau of Ocean Energy Management (BOEM), as Acting Assistant Secretary for Land and Minerals Management, and most recently as Chief of Staff for the Department.

Mr. Beaudreau joined the Interior Department in June 2010 to help manage a serious crisis and to assist in leading the Department's sweeping reforms of federal oversight of offshore oil and gas activity. From 2011-2014, Mr. Beaudreau served as the first Director of BOEM where he led the successful effort to stand up the United States’ offshore wind program, as well as oversaw the federal offshore oil and gas leasing program. At Interior, Mr. Beaudreau also oversaw energy development and conservation programs on public lands, including the siting of wind and solar projects; oil, gas, coal, and other mineral development; de-confliction and mitigation of impacts on environmental and wildlife resources; establishment of transmission, pipeline, and water infrastructure; addressing advocacy and opposition from environmental NGOs; and tribal consultations.

Mr. Beaudreau has extensive experience in conventional and renewable energy, environmental litigation, crisis management, internal investigations, and financial industry regulation.

Mr. Beaudreau was recognized as an “Energy & Environmental Trailblazer” by the National Law Journal in June 2017.

Mr. Beaudreau is a non-resident fellow at Columbia University’s Center on Global Energy Policy, where he provides thought leadership on a broad range of issues relating to conventional and renewable energy and infrastructure development on public lands and the offshore.

Education, academic degree:

JD, Georgetown University Law Center, 1997

cum laude

BA (Hons) History, Yale University, 1994

Professional experience:

Tommy Beaudreau is a partner in the Washington, D.C. office of Latham & Watkins and Global Co-Chair of the Project Siting & Approvals Practice. Mr. Beaudreau joined Latham’s Washington, D.C. office after serving six and a half years in the United States Department of the Interior, including as the first Director of the Bureau of Ocean Energy Management (BOEM), as Acting Assistant Secretary for Land and Minerals Management, and most recently as Chief of Staff for the Department.

Mr. Beaudreau joined the Interior Department in June 2010 to help manage a serious crisis and to assist in leading the Department's sweeping reforms of federal oversight of offshore oil and gas activity. From 2011-2014, Mr. Beaudreau served as the first Director of BOEM where he led the successful effort to stand up the United States’ offshore wind program, as well as oversaw the federal offshore oil and gas leasing program. At Interior, Mr. Beaudreau also oversaw energy development and conservation programs on public lands, including the siting of wind and solar projects; oil, gas, coal, and other mineral development; de-confliction and mitigation of impacts on environmental and wildlife resources; establishment of transmission, pipeline, and water infrastructure; addressing advocacy and opposition from environmental NGOs; and tribal consultations.

Specialist area, professional interests:

Mr. Beaudreau has extensive experience in conventional and renewable energy, environmental litigation, crisis management, internal investigations, and financial industry regulation.

Achievements, rewards:

Mr. Beaudreau was recognized as an “Energy & Environmental Trailblazer” by the National Law Journal in June 2017.

Publications, scientific works:

Mr. Beaudreau is a non-resident fellow at Columbia University’s Center on Global Energy Policy, where he provides thought leadership on a broad range of issues relating to conventional and renewable energy and infrastructure development on public lands and the offshore.

Ruven Fleming

Assistant Professor, University of Groningen

Biography

Dr. Ruven Fleming joined the University of Groningen as an Assistant Professor of Energy Law in 2015. He is working at the Groningen Centre of Energy Law. His research interest is energy and environmental law, with a particular focus on «unconventional» forms of energy production, renewable energy and energy investment and trade law.

Dr. Fleming undertook undergraduate law studies in Germany at the University of Marburg. He went on to conduct Russian language studies at Moscow State University Lomonossow/Russia and worked for a Russian/German law firm in Moscow. Prior to the commencement of his research in Groningen, Dr. Fleming received a Master in Oil and Gas law (LL.M) as well as a PhD in law from the University of Aberdeen, UK. 

He is the author of «Shale Gas, the Environment and Energy Security» (Edward Elgar Publishing, 2017) as well as various articles and book-chapters. Dr. Fleming is running a weblog on current energy and climate law affairs www.energyandclimatelaw.blogspot.com, which has been ranked as a top 100 environmental law blog in 2017. He is acting as reviewer for public funding bodies and international publications. In 2012 Dr. Fleming has been awarded a four-year scholarship by the German Friedrich Ebert Foundation for his research on shale gas regulation in Germany and the European Union.

He speaks Russian, German and English languages.

Marina Gassiy

Vice President - General Counsel, SUE "Vodokanal of St. Petersburg"

Biography

Marina Gassiy – Honored Lawyer of the Russian Federation, Deputy General Director – Head of Legal Support, SUE "Vodokanal of St. Petersburg", Board Member of the Regional Office of the all-Russian public organization “Association of Russian Lawyers” in St. Petersburg and Leningrad Region, Member of the Public Chamber of St. Petersburg.

In 1983 graduated from the law school of the Leningrad State University (now the St. Petersburg State University). In 1983–1988, she worked as Codification Consultant at the Justice Department of the Leningrad Region Executive Committee. In 1988-1994 was a member of the Leningrad Region Bar Association. Since July 1994, she became a Head of Legal at SUE “Vodokanal of St. Petersburg”.

A regular participant of Russian and international discussion platforms: St. Petersburg International Legal Forum, LawAsia International Legal Forum, UN Global Compact Leaders Summit, etc. Co-organizer and co-author of the Northwestern Interregional Public Environmental Conference concept. Member of working groups dealing with reformation of sector-specific regulation at relevant public authorities. Co-author of the draft federal law on water supply and sanitation, and over 30 sector-specific bylaws.

Professional interests: Regulation in the water, energy and public utilities sectors, environment protection, PPP.

Awards and honorary titles: Order of Merit for the Fatherland 2nd Class. Patent “Financial Flow Accounting and Control System”. Medal “In Memory of the 300th Anniversary of St. Petersburg”. Gratitude of the State Duma Committee on Civil, Criminal, Arbitration and Procedural Legislation. Honorary Diploma of the State Committee of the Russian Federation for Construction, Housing and Public Utilities Complex. Certificate of Honor of the Association of Russian Lawyers (2013).

Publications: Implementation of Public Private Partnership (PPP) projects in water supply and sanitation: success criteria and risk factors ("Lawyer", 2017). Management of water bodies: Ways of development. Legal aspect. ("The Law", 2015). Access to water resources for water supply and sanitation. Legal aspect. ("Petersburg lawyer", 2015). Water supply and sanitation in a modern big city in Russia. Technical, economic and legal aspects. (Proceedings of IX International Scientific and Practical Symposium "Environmental, Engineering, Economic and Legal Aspects of Vital Service Systems", 2014)

Roman Kvitko

Head of the Legal Directorate, Gazprom Neft PJSC

Biography

Born on 17.08.1976 in Uglich, Yaroslavl Region (Russia). Graduated in 1998 from the Faculties of Law and Linguistics and International Cooperation at Ulyanovsk State University. Additional Education: University of London, LL.M degree; IMD Business School, Program for Executive Development. Worked as a lawyer at Siberian Aluminum in 2000-2001. Practised as a barrister in 2001-2006.Worked as a lawyer at Sibur in 2006. Served as Deputy Head of the Legal Department at Gazprom Neft from 2007. In 2009-2010 worked as Deputy CEO for Legal and Corporate Issues at the Serbian energy company, NIS. Then worked in a similar role at Gazprom Neft-Development (a subsidiary of Gazprom Neft, managing large upstream projects in Russia and abroad). Head of Legal Directorate of Gazprom Neft since June 2012.

Timo Makela

Senior Advisor, Finnish Innovation Fund Sitra

Biography

Timo Makela has a 20-years experience in the senior management positions in the European Commission related to environmental and sustainable development policies, finance and international cooperation.

As a Director he was responsible for the EU environmental policy related to sustainable development, industries, waste, natural resources, economic analysis, research and innovation as well as international co-operation.  He has also worked as a director of municipal and environmental infrastructure financing in the European Bank for Reconstruction and Development and the head of pollution control in the governments of Finland and Botswana.

At present I work as a Senior Advisor in Sitra, the Finnish Innovation Fund on issues related to energy, climate change and circular economy.

Pavel Malchikov

Deputy Head of Department of State Policy and Regulation in the Sphere of Environment, Ministry of Natural Resources and Ecology of the Russian Federation

Elena Novikova

Independent Legal Consultant for International Raw Materials Companies (Russia)

Biography

Doctor of Law, legal consultant for international oil and gas companies, mainly in the areas of environmental protection and use of mineral resources in Russia and Kazakhstan.

Previously, she led an expert group that worked under the aegis of INSOR and subsequently the Expert Institute of Higher School of Economics. Sphere of interests is scientific and methodological work on the improvement of the legal regulation in the economic sphere, mainly areas of economic development, including incentives for rational use of natural recourses, improvement of the investment climate and other. Developed  ideas, approaches and methods were published in a series of collective monographs on the issues of mutual influence of the rule of law and economy and were reflected in the activities of various organizations and institutions of the country, implemented to the 2020 Strategy, to provisions of the May 2012 Presidential decrees, the emergence of a new organization for the protection of entrepreneurship, took part in the substantiation of the main directions of humanization of the criminal policy in the sphere of the economy in the country, as well as judicial reform.

From 2000 to 2007 she worked as a leading researcher at the Institute of State and Law of the Russian Academy of Sciences, where she researched  problems of the reforming legislation on subsoils,  led a drafting group of the development of the law of the Russian Federation "On Subsoils" (a contractual  basis) on the initiative of the Ministry of Economic Development and Trade of the Russian Federation; worked under improvement of the legal aspects of subsoil use;  the delimitation the responsibilities and environmental risks of environmental polluters, including for the accumulated damage, etc. She acted as an expert of the state commissions of the environmental expertise on projects related to subsoil use (draft agreements on production sharing on the Sakhalin Island, Caspian Sea projects and etc.), was the developer of recommendations on the mechanism of joint management of using natural resources and environmental safety of the international waters basin of the Caspian Sea and the Barents Sea.

During 1993-1998, as the senior lawyer of the law firm Pepper, Hamilton & Sheets, LLP (USA, the Kazakhstan office), she acted  as a legal co-coordinator of the Government project “The Development of the Legal Framework in Kazakhstan”, supported by the World Bank, as well as the leader and participant of drafting groups on more than 40 laws and codes. The adoption of which ensured the country's transition to a market economy, judicial reform and contractual model of subsoil use.

She has held internships in leading world universities and participated in various educational programs.

Author of more than 40 scientific publications, including two author's monographs and fifth collective monographs, was awarded with the Certificate of Honor of the Government of the Russian Federation for participation in the development of the government program "Strategy 2020".

Ekaterina Papchenkova

General Director, International and Comparative Law Research Center

Biography

Master's degree, National Research University Higher School of Economics and Russian School of Private Law.

2013 – 2014 – The Supreme Arbitration Court of the Russian Federation.

2014 – 2015 – Analytical center FORUM.

2015 – 2017 – Department of the Distressed assets, Sberbank.

2017 – to date – General Director, International and Comparative Law Research Center.

Svetlana Pavlenko

Deputy Head of Draft Law Expertise Division of the Legal Department, PJSC 'MMC 'Norilsk Nickel'

Biography

Higher education in legal. Graduated from the Russian State Tax Academy under the Ministry of Finance in 2005.

Currently, she is the Deputy Head of Draft Law Expertise Division, Legal Department, PJSC MMC Norilsk Nickel. Her primary responsibility is the organization of the process of legal examination of existing regulations, enforcement practices and draft legal acts to identify and assess the risks that may have a significant impact on the company's activities. She’s also responsible for managing those risks, by inter alia preparing proposals to amend these acts. Special attention is paid to the analysis of environmental protection legislation and law enforcement.

Previously, she held various positions, including executive position in the Federal Tax Service, Ministry of Finance, Ministry of Labor, Ministry of Health and Social Development. She focused on the preparation and legal expertise of legal acts on taxes and other compulsory payments, as well as the delivering on enforcement practice.

Aleksey Popovtsev

Senior Legal Counsel, SIBUR

Biography

Aleksey Popovtsev, 11.07.1986 of a birth (31 year), was born in the city of Syktyvkar, Republic of Komi.

In 2011 graduated the Moscow State Law Academy name of the O.E. Kutafin (MGUA), the Institute of Law (full-time form of training), defending "excellent" graduate work.

Already have been during his studies, Aleksey began his career at the Padwa& Partners law firm. After receiving the diploma, he was hired to the company SIBUR, where he works until now (6 years of work experience in the company).

In the company SIBUR began work in the position of a legal counsel, managed the work of legal services of the subsidiaries of PJSC Sibur Holding, and defined the structure, engaged in the development and methodology of their activities. As part of this activity, Aleksey published several articles in legal publications on the topic of effective management of the legal services of subsidiaries.

On developing career ladder in 2016, Aleksey was moved to the position of Senior Legal Counsel, within the framework of which he oversees the legal aspects in the area of ecology, industrial safety and labor protection arising in the course of SIBUR activities, including the activities of the subsidiaries of PJSC Sibur-Holding.

In 2017 Aleksey was a participant of the St. Petersburg International Legal Forum, twice as a speaker at the All-Russian week of labor protection, which is annually held in Sochi.

Alexey is a regular participant of conferences and round tables related to the issues of ecology and industrial safety, he is a part of ACL (Association of Corporate Lawyers) and the Committees on ecology and nature management, industrial safety at the RSPP (RUSSIAN UNION OF INDUSTRIALISTS AND ENTREPRENEURS).


* The Programme may be subject to change