Smagulova Dana Sabyrkhanovna
Senior lecturer
Department of Customs, financial and environmental law,
Al-Farabi Kazakh National University, Almaty, Kazakhstan
Law Faculty
e-mail: smgdana@mail.ru
Legal aspects of the
transport of hydrocarbons in the Republic of Kazakhstan
Abstract. This article is devoted to the actual problem of transportation of oil
and gas. This article focuses on some current issues in the field of transit
and transportation of hydrocarbons. The author considers the key problems of
national trunk pipeline system in the context of the global economic crisis and
the fall in the value of energy. The article gives specific suggestions and
recommendations directly related to the way out of the fuel and energy complex
of the Republic of Kazakhstan of the crisis. It also discusses some problematic
aspects related to the integration processes in the Eurasian Economic Union. In
addition, the article shows the role of state regulation of oil and gas
transport system in Kazakhstan. The possibilities of legal support in further
strengthening the export potential of the oil industry. Are some
recommendations to reform the legal regulation of transportation of hydrocarbons.
Keywords: oil, transportation, pipeline transportation, gas, economy
Аннотация. Эта статья посвящена актуальной проблеме
транспортировки нефти и газа. Эта статья посвящена некоторым актуальным
вопросам в области транзита и транспортировки углеводородов. Автор
рассматривает основные проблемы национальной системе магистральных
трубопроводов в условиях мирового экономического кризиса и падения стоимости
энергии. Статья дает конкретные предложения и рекомендации, непосредственно
связанные с выходом из топливно-энергетического комплекса Республики Казахстан
от кризиса. В нем также рассматриваются некоторые проблемные аспекты,
касающиеся интеграционных процессов в Евразийском экономическом союзе. Кроме
того, статья показывает роль государственного регулирования нефтяной и газовой
транспортной системы в Казахстане. Возможности правовой поддержки в дальнейшем
укреплении экспортного потенциала нефтяной промышленности. Есть некоторые
рекомендации по реформированию нормативно-правовое регулирование транспортировки
углеводородов.
Ключевые слова: нефть, транспорт, трубопроводный транспорт,
газ, экономика
Аннотация. Бұл мақала мұнай мен газды
тасымалдаудың нақты мәселесіне арналған және
транзит пен көмірсутегі шикізатын тасымалдау саласындағы
кейбір өзекті мәселелері бойынша көңіл бөледі.
Автор әлемдік экономикалық дағдарыс ұлттық
магистральды мұнай құбырлары мен энергетикалық
шығындарының негізгі мәселелерін қарайды. Бұл мәселе Қазақстан Республикасының тікелей
дағдарыстағы отын-энергетикалық кешенінен
шығуына
байланысты нақты ұсыныстар береді. Ол сондай-ақ
Еуразиялық экономикалық одақ интеграциялық процестерге
байланысты кейбір проблемалық аспектілерін
талқылайды. Сонымен қатар, мақалада Қазақстанда
мұнай және газ тасымалдау жүйесін мемлекеттік реттеу
рөлін көрсетеді, сондай-ақ мұнай
өнеркәсібі экспорттық әлеуетін нығайтудың
құқықтық мүмкіндіктерін
көрсеткен.
Түйін сөздер: мұнай, көлік, құбыр тасымалдау, газ, экономика
To date, there is a fairly serious and fears the
situation in the global energy market. Due to the fact that Kazakhstan from 1
January 2015 has been a full and active participants of the Eurasian Economic
Union, here we can see the negative processes associated with the devaluation
occurring in the ruble zone, the biggest player EAEC Russia. This fact is
certainly caused by a number of objective reasons which are directly related to
the actions of OPEC and other major players in the global oil market.
Kazakhstan ever since the collapse of the Soviet Union is a country with a
strong resource economy. (A phrase from Atyrau, Astrakhan) Economic processes
in our country is directly dependent on the situation on the stock exchange
prices of certain raw materials. Naturally, not only the price of oil and gas
raw materials depends not only on their formation in the global market, but
also add up in the end of the final price of their specific transportation and
delivery to the consumer. In Kazakhstan, the national and regional budgets are
actually more than two-thirds are generated by the sale of raw materials, ie,
oil and gas. In the autumn of 2014 have fallen sharply worldwide quotes related
futures contracts for hydrocarbons. Developed in our opinion a paradox that in
Russia there was a sharp drop in the national currency, in our country have a
national regulator is quite firmly on course monitarizatsiyu and rigid support
of the national currency. We believe that, as members of the Customs Union and
the EAEC only through the efforts of the Government of the Republic of
Kazakhstan, Ministry of National Economy and increasingly Leader of the Nation
NA Nazarbayev, who has given a clear course for the implementation of the
strategy Nurly Jol citizens of our country do not actually feel the dire
consequences in the economy from the global financial crisis. Since the
parameters of the budget were formed on the basis of previous price of oil and
gas, to date, it is necessary to conduct macroeconomic policies aimed at
adjusting certain parameters of the budget.
In the Address of the President of the Republic of
Kazakhstan - Leader of the Nation NA Nazarbayev to the people of Kazakhstan
"Strategy" Kazakhstan -2050 ": new political course held
state" as one of the strategic directions is called the introduction of
fundamentally new system of management of natural resources. According to the
message you want to use resources as an important strategic advantage of
Kazakhstan for economic growth, large-scale foreign political and economic
arrangements [1].
To date, the main method of transport Kazakhstan oil pipeline transport
is, although in the world in terms of transportation, nothing can compare to
the carriage of oil tankers and supertankers. Currently pipelines represent the
most important mode of transportation of oil. Where would any oil extracted at
some stage it certainly is pumped through pipelines. This is the cheapest way
to transport oil.
At the moment, the status of pipelines regulated by
the following normative legal acts: the Law of RK "On Subsoil and Subsoil
Use" dated June 24, 2010, the Law "On architectural, urban planning
and construction activities in the Republic of Kazakhstan" dated 16 July
2001, the Law of RK "On Transportation RK "dated September 21, 1994,
Environmental Code of January 9, 2007 and other legislation.
Transportation of oil - one of the most important sectors of the
economy. These concepts are enshrined in legislation. So according to the Law
of the Republic of Kazakhstan "On Subsoil and Subsoil Use" under the
oil and gas pipelines meant intended for the transportation of oil, including
pipelines, pipelines operating in a modular collector, as well as equipment and
machinery for cleaning, separation and liquefaction of substances transported
through pipeline system or its component parts, control systems and insulation
system of electrochemical protection and other equipment for maintenance of
pipelines [2].
In accordance with the Law of the main pipeline is a
single manufacturing complex, which consists of a linear part and facilities
that ensure the safe transportation of products that meets the requirements of
technical regulations and national standards [2]. For pipelines are the main
oil pipelines, gas pipelines and oil products pipelines.
It should be noted that the hydrocarbon feedstock
includes certain components, mainly crude oil and gas, but also it can be
liquefied natural gas and petroleum feedstocks individual products are suitable
for delivery to the consumer by pumping through a national system of transport
OIL & GAS Kazakhstan.
Also in accordance with the law of the Republic of Kazakhstan dated
January 9, 2012 "On gas and gas supply" gas pipeline - this
engineering structure, consisting of one or more pipelines (linear part) and
associated facilities that ensure raising and lowering the pressure of the
transported gas resources remote control, communications and other
communications intended for the transportation of commercial gas [3]. This
legislation defines the legal, economic and organizational bases of regulation
of social relations in the sphere of gas and gas in Kazakhstan and is aimed at
creating conditions for the internal needs of the Republic of Kazakhstan in the
gas, as well as for efficient, reliable and safe operation of gas supply
systems. According to item 3 of article 22 of the Law of the Republic of
Kazakhstan "On gas and gas supply" sets certain limits in terms of
gas transportation. For example, the gas transportation organization may
provide transportation services to commercial gas pipelines outside the
territory of the Republic of Kazakhstan only:
1) the national operator;
2) manufacturers of commercial gas;
3) subsoil users, are the owners of commercial gas produced during the
processing of raw gas produced;
4) owners of commercial gas produced outside the territory of the
Republic of Kazakhstan, having the intention to exercise its transportation
through the territory of the Republic of Kazakhstan.
Gas transportation organization must refuse the owner of marketable gas
in transportation and (or) storage tank gas in the following cases:
• inconsistencies commercial gas requirements of technical regulations
and national standards;
• failure to subsoil user written refusal of the national operator of
the pre-emptive right of the state for the purchase of marketable gas volumes,
planned to transport, or documents confirming the receipt of the national
operator for the month prior to treatment of the subsoil user to the gas
transportation organization of the offer on the alienation of the volume of
marketable gas, planned for transport.
As stated in the President's message to people of
Kazakhstan "Nurly Jol - way of the future" fall in prices of our
export raw materials leads to a decrease in revenue funds to the revenue side
of the budget. But it is placed before the Government is not easy, but the
specific task - to ensure that all social obligations in full. In years when
the situation on foreign markets favored, while oil prices and our exports were
at a high level, we sent earnings from exports of raw materials to the National
Fund. One of the main tasks of the National Fund is to increase the stability
of our economy to external shocks, including at lower prices for natural
resources. All these years, income from extraction of raw materials and selling
it we deposited in the Fund. $ 10 billion, we have sent to fight the crisis
2007-2009-ies. The rest of the money we do not eaten and have not spent and
saved and increased. Now comes the very time when we need to use these
reserves. They help to overcome difficult times and to stimulate the growth of
our economy. These resources are not meant for short-term measures. They will
focus on further transformation of the economy. Namely - the development of
transport, energy, industrial and social infrastructure, small and medium-sized
enterprises [4].
Due to the extremely uneven distribution of oil and
gas fields in the country on the transportation and processing of oil and gas
has become one of the key for the production of oil in Kazakhstan. Oil transportation
issues are also gaining more relevance in view of the limited domestic needs of
Kazakhstan and the need for their exports. At the same time, despite the
involvement of transport and refining to the oil and gas industry is currently
creating an imbalance in the legal regulation of exploration and production of
oil (gas) and in the legal regulation of their transportation.
Questions exploration and production of oil and gas in
sufficient detail regulated by law: earlier - the laws on oil and mineral
resources, currently - the Law on Subsoil and Subsoil Use. With sufficient
legal framework of exploration and production of oil and gas should be noted
some shortcomings in the legal regulation of transportation and processing of
oil pipelines. With respect to the transportation of oil and gas in other modes
of transport (road, rail) are no questions, since in these cases,
transportation is carried out (as well as any other liquid or gaseous cargo)
tanks or other reservoirs. But not only the transportation of oil and gas, but
also other substances by pipeline, raises many questions.
Transportation of oil and gas pipelines in its essence
is a kind of energy - when transporting gas distribution pipelines direct its
customers or separate kind of services for the transportation of gas and oil
pipelines, which does not apply to any contract relations or relations to
energy supply or sea freight - when oil and gas transportation by sea, rail or
road. And if in relation to transport gas to retail customers through distribution
pipelines exist in the nature fills the legal regulation on the basis of the
treaty power, in relation to the transportation of oil and gas trunk pipelines,
there are certain gaps in the legal regulation.
Due to the underdevelopment of the legal regulation of
oil and gas transportation, as well as any other cargo trunk pipelines there
are discussions about the legal nature of the liabilities shipping trunk
pipelines, the relationship between the principles of transportation trunk
pipelines and transporting other modes of transport, the relationship between
liabilities shipping main pipelines and other modes of transport, which is
important when handling cargo at various modes of transport and transport of
goods by different modes of transport.
In connection with the above now became necessary to
conceptually solve the problem of legal regulation of oil and gas pipelines, as
well as, possibly, the need to allocate operations to the transportation of oil
and gas in different types of independent type of operations and development
for a special legal regulation.
Probably during the development of the Decree on oil transportation
issues of oil and gas were not so important, and one of the first tasks of this
legislation was to create conditions for the development of exploration and
production of oil (gas) and investment in these activities. At the same time, a
positive solution to the set of initial tasks dictated by the need to develop
the legal framework for the transport of oil and gas. Creating a legal
framework the transport of oil and gas main pipeline would contribute to both
the development of these activities and the development of transportation,
including transit, highways Kazakhstan to transport increasing volumes of crude
oil and investment in the development of the oil and gas complex of the
Republic of Kazakhstan, the construction of new trunk pipelines, construction
of new ports, construction and reconstruction of railways and highways, further
loading of existing and emerging transportation (marine, rail and road) areas
[5].
Not to mention the fact that in accordance with
Article 193-1 of the Civil Code of the Republic of Kazakhstan, the main railway
network, trunk pipelines, gas mains attributed to strategic targets, ie the
property of socio-economic importance for the sustainable development of Kazakh
society, possession, use and (or) the disposal of which will impact on the
national security of the Republic of Kazakhstan.
In recent years there has been the development and construction of
several major pipeline transport systems.
JSC NC "KazMunaiGas" provides 65 percent of
the transportation of oil, 100 percent of the transportation of gas, 50%
percent of the tanker, which are carried out in the Republic of Kazakhstan. Oil
transportation pipeline carries "KazTransOil" gas transportation -
JSC "KazTransGas" tanker carries JSC "National Maritime Shipping
Company" KazMorTransFlot. "
Currently in Kazakhstan oil transportation system meets the requirements
of transportation - both in terms of capacity, and in terms of export
destinations. In the future, given the project being explored today, the system
throughput will increase in accordance with increasing production volume.
Transportation of oil by pipeline network is carried out by a subsidiary
of the system of "KazTransOil" (total length of 5323 km).
Transportation of oil carried by sea subsidiary of JSC "NMSC"
Kazmortransflot "(6 tankers of 12 000-13 000 tonnes in the Caspian Sea, as
well as chartered vessels type« Aframax »on the Black Sea).
In addition, JSC NC "KazMunaiGas" owns equity in the Caspian
Pipeline Consortium in the amount of 20.75%, including The Government of the
Republic of Kazakhstan, 19% and 1.7% of the CPV
To date, the main active export routes of Kazakh oil are:
• Atyrau-Samara pipeline (JSC "KazTransOil" - 100%);
• CPC pipeline (JSC NC "KazMunaiGas" - 20.75%);
• Atasu-Alashankou pipeline (JSC "KazTransOil" - 50%);
• Marine Terminal Aktau.
The largest volume of Kazakh oil in 2013 exported
through the CPC pipeline - 28.7 million. Tons and the Atyrau-Samara-15.4
million. Tons. The Chinese transported direction - 11.8 million tons. Marine
exports totaled 6.3 million tons,.
Currently, one of the main gas transportation routes is the main gas
pipeline "Central Asia-Center" (CAC), which runs from Turkmenistan
through Uzbekistan and Kazakhstan, and West is connected with Russian gas
transit system. CAC pipeline for transit of Central Asian gas and transport
Kazakh gas for export. Exported gas is supplied to the most attractive markets
- in European countries and the CIS countries - through the Russian gas
transport system of "Gazprom".
In view of the plans to increase its own natural gas production to 50
billion. Cubic meters per year by 2016 is planned escalating gas export
potential. Growing production volumes of Kazakh hydrocarbons and geopolitical
position of the Republic of Kazakhstan, development of transportation of
hydrocarbons in the Caucasus is a promising direction in terms of the policy of
diversification of oil and gas transportation. Another important aspect of the
supply of gas is the East - to China, whose economic growth and energy market
needs large amounts of energy supplies.
In our opinion, should be fully aware of the fact
that, despite the profound processes of integration, Kazakhstan will not stand
aside from the more progressive global economic recession on the global energy
market. These negative processes of economic recession in the first place
significantly affect the fundamental and strategic interests of the major
players in the commodity market, which at this moment is Kazakhstan. One of the
most important aspects of overcoming the crisis in the economy of our country
is to find ways to mitigate the commodity crisis. Here, in our opinion, you can
work direction vector for ways to optimize transit and transportation of
hydrocarbons in order to reduce the cost of delivery of the final product to
the consumer. In any case, there are several ways to help reduce the effects of
real world situation of raw materials for our economy. If you go through
extensive we can consider this problem from the point of view of increasing the
limits and quotas for production and transportation of oil and gas. This path
involves the development of state programs to increase oil and gas production.
However, we believe that now need to go through intensive diversification of
oil and gas industry as a whole optimization schemes of state regulation in the
sphere of production and as a result of transportation of hydrocarbons. Only
this way will allow a plunging market conditions, not only to meet its
obligations to partners, but also to find new customers and a fundamentally new
schemes of delivery of hydrocarbons. At this point begins the individual
processes in the reform of the national system of main pipeline transport of
oil and gas of the Republic of Kazakhstan. This kind of state regulation
correlated not only with the interests of consumers EAEC partner countries, as
with transit countries such as Uzbekistan and Turkmenistan, but also a major
consumer of raw materials China.
In our opinion, the need for coordinated efforts of
all countries Petroleum Club which includes virtually all countries exporting
to overcome in the coming years of economic slowdown due to falling prices for
hydrocarbons. In this process, in our opinion, Kazakhstan thanks to strong
political will and international authority Elbasy NA Nazarbayev will be one of
the main drivers of the world economy, which will help pull the global
community of the global economic recession in the primary sector of the
economy.
Referenses
1. Message from the President of the Republic of Kazakhstan - Leader of
the Nation Nursultan Nazarbaev of the people of Kazakhstan "Strategy"
Kazakhstan-2050 ": new political course held state" (Astana, December
14, 2012) Information and legal system "Paragraph"
2. Law of the Republic of Kazakhstan dated June 24, 2010 № 291-IV «On
Subsoil and Subsoil Use" (with amendments and additions as of 12.29.2014,
the) information and legal system "Paragraph"
3. Law of the Republic of Kazakhstan dated January 9, 2012 № 532-IV «On
gas and gas supply"
4. Law of the Republic of Kazakhstan dated 22.06.2012 N 20-V SAM
"On the main pipeline"
5. President's Address to the Nation "Nurly Jol - Way of the
Future" Astana, November 11, 2014
6. MKSulejmenov, E. Osipov, the Law on the main pipelines: whether to
solve specific problems "eviscerate" the Civil Code? // Zakon.kz