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7.3. Legal Infrastructure as Key Factor of Major Infrastructure Projects Implementation

Thursday, 17 May
10:00 - 11:30

Hall #3, General Staff Building (6-8, Dvortsovaya sq.)

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It is an established practice in many countries to impose various legislative and regulatory conditions and legal requirements to foreign vendors’ access to national nuclear markets, including nuclear use. At that, legislative infrastructures in different countries may have some peculiarities depending on different national specifics or the levels of countries’ commitment to nuclear energetic programs implementation.

The legislative infrastructure of each specific economy, from a novice country to a country successfully implementing its nuclear energy program, may either impose material restrictions on infrastructure projects development or facilitate their development substantially.

Differences in legislative systems, domestic law maturity and national law harmonization with international requirements, accession to international instruments in the area of nuclear use, commitment to major infrastructure projects implementation and the condition for such projects funding are all the parts of a non-exhaustive list of aspects that should evaluated every time when the country goes to an international level of cooperation.

Moreover, there are some undeliberate historical legislative problems e.g., equality of treatment does not provide for comfortable conditions for large infrastructure projects implementation, but, on the opposite, gives a considerable priority to environment protection.

It is also notable that in the course of time, more and more countries decide to implement nuclear programs, and the process calls for the development of a general approach to working conditions under different legal regimes. Sharing experience in different projects implementation is one of the main prerequisites of meaningful international cooperation in nuclear energy area.

Moderator

Andrey Popov

Director for Legal and Corporate Affairs and Property – Related Issues – Director of the Department for Legal and Corporate Affairs, State Atomic Energy Corporation “Rosatom”

Speakers

Abdelmadjid Cherf

Senior Legal Officer of Nuclear and Treaty Law Section, International Atomic Energy Agency (IAEA)

Biography

Professional experience:

Before joining the IAEA Abdelmadjid worked for the Algerian Atomic Energy Commission as Head of the Nuclear Regulations Department for twenty years. As a barrister, and during this time, he was carrying out expert missions for the IAEA providing assistance in the area of safety infrastructure to the IAEA Member States. During his career, Abdelmadjid has been dealing with more than 100 national legal infrastructures.

Mr. Cherf participated in the development of the INIR methodology since its inception in 2008 and he participated as a reviewer in several INIR missions.

Specialist area, professional interests:

Abdelmadjid Cherf joined the Office of Legal Affairs of the International Atomic Energy Agency (IAEA) in 2005. Currently, he is a Senior Legal Officer in that Office, coordinating the legislative assistance programme of the Agency, providing legal advice and support to Member States in all areas of nuclear law under the IAEA’s legislative assistance programme. Within this programme, he is also in charge of training the IAEA legal fellows and he is a co-organizer of the IAEA ‘s Nuclear Law Institute

Achievements, rewards:

Received Team Award from the IAEA DDG, Department of Nuclear Energy for outstanding team work

Publications, scientific works:

Abdelmadjid is also a contributor to many IAEA publications including nuclear infrastructure publications and he is a co-author of the IAEA’s Handbook on Nuclear Law, Implementing Legislation.

Teplinsky Elina

Partner, Pillsbury Winthrop Shaw Pittman LLP

Biography

Education, academic degree:

J.D., Fordham University School of Law, 2006

Archibald R. Murray Public Service Award

B.S., International Relations International Politics, Georgetown University, 2002

cum laude

Professional experience:

Mrs. Teplinsky consults companies worldwide on issues of development, financing and operation of nuclear facilities.  Her clients including developers, owners and operators of nuclear power plants, equipment suppliers, construction and engineering companies, consultants and investors.  She is currently leading a group of Pillsbury experts consulting Akkuyu Nukleer on the development of the Akkuyu NPP project in Turkey.

Mrs. Teplinsky provides legal and strategic advice in structuring and negotiating engineering, procurement and construction (EPC) contracts, equipment supply agreements, nuclear fuel supply agreements and Power Purchase Agreements (PPAs).  She is a go-to expert in drafting and negotiating agreements and clauses for protection against liability for nuclear damage.

Mrs. Teplinsky regularly advises foreign governments, government-owned utilities and Nuclear Energy Programme Implementing Organizations (NEPIOs) on various aspects of developing and expanding domestic nuclear power programs, including recommendations regarding compliance with obligations under international conventions, formation of nuclear legal and regulatory regimes and drafting of

domestic nuclear legislation.

Specialist area, professional interests:

Energy

ú  Nuclear energy

n International Trade

ú Economic sanctions and embargoes

ú Export and technology controls

ú International trade agreements and investment agreements

Achievements, rewards:

Profiled as a key member of Pillsbury’s Latin Lawyer 250-ranked practice in the region

Publications, scientific works:

Whatever Happened to the Nuclear Renaissance? 

The Energy Industry Times, October 2017

Securing Finance for Nuclear Projects 

Project Finance International, May 2015

Konstantin Kryazhevskikh

Director Legal and Corporate, Rusatom Energy International JSC

Biography

Education, academic degree:

2010 University of Manchester - Manchester Business School, International Diploma, Compliance (ICA) 

2003 Legal degree of Candidate of Law (Moscow State University)

2001 M.P.L. degree at Research Centre for Private Law attached to the President of the Russian Federation

1999 Moscow State University, Faculty of Law

Professional experience:

2012- for now - Director Legal and Corporate of JSC "REIN"

2012-2011 – Managing Partner of Yegorov, Kryazhevskikh & Partners (www.ekiplaw.ru)

2007-2011 General Counsel at Uranium holding ARMZ (www.armz.ru)

2002-2007 Head of Domestic Litigation at RUSAL (www.rusal.ru)

2002 General Counsel at COALCO AG (www.coalco.ru)

2000-2002 Senior Counsel at Sual

1997-2000 Senior Counsel at Trustconsult Group

Specialist area, professional interests:

Konstantin’s practice emphasizes merger and acquisition with a focus on cross-border transactions, dispute resolution (domestic litigation and international arbitration), structuring joint ventures and project related finance, mining law, corporate restructuring and и general transactional work, NPP construction and financing abroad

Achievements, rewards:

Best Corporate Lawyer 2009 – Russian Corporate Counsel Award;

Best Legal Department 2011 – Moscow;

CIS Legal Department of the Year: Best M&A Deal – Eurolawyer 2011, London;

Best Legal Department 2013 – Saint Petersburg

Natalya Proskurdina

Legal Director, Rusatom Service JSC

Biography

Education, academic degree:

Ural State Law Academy, 2001.

Professional experience:

20 years

1998-2002 consulting

2002 – 2006 г. Rinako /MDM group,

investment sector

2006-2014 Energoprom Group / Renova Group, metallurgical sector, production of carbon and graphite products

2015 – till the present moment. JSC «Rusatom Service», the State Atomic Energy Corporation «Rosatom»

Specialist area, professional interests:

Civil law (corporate law, contract law).

Achievements, rewards:

Gratitude for good work practice in nuclear sector, Rosenergoatom Concern

Publications, scientific works:

None

Mikhail Rassokhin

Vice-President for Legal Support of International Activities, JSC Rusatom Overseas


* The Programme may be subject to change