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7.5. Good Faith of Natural Resources Management in Russian and Foreign Law: the Concept and Criteria

Friday, 18 May
16:00 - 18:00

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

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Good faith as a legal concept is typically associated with private law: civil law requires participants in legal relations to act in good faith and prohibits to benefit from their own misconduct.

On the face of it, such concept could seem remote from the more conservative and public-oriented Natural Resources Law which is focused on such key principles as presumption of potential hazards implicit in doing business, priority of the protection of a natural object over its use, rational natural resources utilization, etc. At the same time, in natural resources utilization relationships one can face conduct that is technically legal, but deliberately prejudices the interests of other natural resource users or the State, causing an imbalance of interests.

Notwithstanding the public-law aspect of nature management regulation, the good faith criteria can be used to improve administrative procedures and set managerial decision-making criteria. And the State should have tools to counter such technically legal but, in fact, abusive conduct of such natural resource users.

Good faith as a criterion for State resolution of disputes involving users of one and/or more natural resources also has significant regulatory and enforcement potential.

Moderators

Viktor Nesterenko

President, RusEnergyLaw School

Vitaliy Melgunov

Director, Institute of Mining and Energy Law, Professor of Gubkin Russian State University of Oil and Gas (National Research University)

Speakers

Nikolay Nikolaev

Chairman of the Committee of the State Duma of the Federal Assembly of the Russian Federation on Natural Resources, Property and Land Relations

Biography

Education, academic degree:

Graduated from St John the Theologian Orthodox Institute (The Russian Orthodox Church), majoring in religious studies.

 

Professional experience:

1991 - 1994 – an entrepreneur;

1994 - 1999 –  сorrespondent for  "The Business Vestnik Vostoka", Financial Times East-European Insurance Report: correspondent for Central Asia, correspondent for CIS countries, for "The Company" magazine;

1999 - 2001 - Progress-Garant Insurance Company, Head of Division, Head of Department, Advisor to the President of the Insurance Group;

2002 - All-Russian Union of Insurers, Head of PR Department;

2002 - 2003 - Insurance Company "Russia", Deputy General Director;

2003 - founded the communication group "AMSKOM";

2008 - together with like-minded people created St Spyridon of Trimythous charitable foundation;

2010 - Member of the Presidium of non-commercial partnership “OPORA”;

2011 - Director of the Foundation for the Development of Socio-Informational Projects "United Society";

2013 - Vice-President of the NGO "OPORA RUSSIA";

2014 - Head of the All-Russia People’s Front Center for Independent Monitoring of the execution of the May decrees of the President of the Russian Federation "People's Expertise".

 

Achievements, rewards:

Nikolai P. Nikolaev was awarded the medal "For Services to the Home Affairs Department", gratitude of the Department of Economic Development of the Russian Federation for achievements in the implementation of the state policy on small and medium-sized businesses development, gratitude of the Government of the Russian Federation for the merit in lawmaking and long-term conscientious work

Artem Sidorov

Deputy Minister of Natural Resources and Ecology of the Russian Federation — Head of the Federal Supervisory Natural Resources Management Service

Denis Khramov

Deputy Chairman of the Management Board, NOVATEK JSC

Aleksandr Redkin

Deputy General Director - Director for Legal Affairs and Compliance, SUEK

Anatoly Andriash

Partner - Joint Head of Moscow, Norton Rose Fulbright

Nataliya Tolstykh

Vice-President of the RusEnergy Law School, Head of Working Team of UNDP/GEF Project - Ministry of Natural Resources and Environment of the Russian Federation

Maksim Kirzhimanov

Deputy Director of the Department of State Policy and Regulation in the Field of Geology and Subsoil Use, Ministry of Natural Resources and Environment of the Russian Federation

Denis Nikishin

Deputi Director of Legal Affairs and Subsoil Licensing, Rosgeolexpertiza

Dmitry Korolev

Deputy Director of the Government Relations Department, ROSNEFT

Denis Jardel

Honorary Dean of the Third Civil Chamber, Court of Cassation of the French Republic


* The Programme may be subject to change