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45
International Journal Of Law And Criminology
(ISSN
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03
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12
Pages:
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
Energy production is a necessary means of human existence and development, affecting nature and the natural
environment. The study and comparative analysis of the energy sector from the point of view of jurisprudence is
important in ensuring sustainable development. In this regard, it is important to study the experience of developed
countries and the legal traditions of our national statehood. Of particular importance is the development and research
of new energy technologies and energy law, innovative technologies, comparative analysis of its legal basis, the study
of scientific foundations.
KEYWORDS
Sustainable development, legal education, science, improvement, energy charter, energy strategy, innovation, trend,
energy law, alternative energy, renewable energy, solar energy, wind energy, geothermal, hydropower, biogas,
biomass, collider, nuclear energy, thermonuclear , nuclear fuel, biodiversity, biological resources, international energy
law, ecology, environmental sustainability, ecological security, biological diversity, biological resources, water, flora
and fauna, natural resources, genetic engineering.
INTRODUCTION
The introduction of effective technologies is of
particular importance in the history of civilization. The
20th century is recognized by the enormous growth of
energy needs of mankind in various forms. This trend
continues in the 21st century. It should be recognized
that energy workers have been fulfilling their historical
task of ensuring the development of human
civilization. At the same time, the responsibility of
energy workers to the society, current and future
generations is increasing more and more.
The development of the country is closely related to
the extent to which the country is provided with
energy (natural) resources. Coal, oil, natural gas, peat,
wood, shale, water, electric and nuclear energy, wind
and solar energy are energy resources.
Research Article
RETROSPECTIVE COMPARATIVE ANALYSIS OF NEW ENERGY
TECHNOLOGIES AND ENERGY LAW IN SUSTAINABLE DEVELOPMENT
Submission Date:
December 09, 2023,
Accepted Date:
December 14, 2023,
Published Date:
December 19, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue12-09
Olim Kh. Narzullaev
Doctor In Law, Professor, Department Of Ecological Law Tashkent State University Of Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 12-2023
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03
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Publisher:
Oscar Publishing Services
Servi
The problem of energy has many aspects, among
which one of the most general aspects should be
noted: energy (in the broadest sense) can be
considered as the beginning of everything that exists.
Everyone should understand the philosophy of energy.
Energy permeates all spheres, our whole life is
connected with energy. Energy is the ability to do
something. And, energy consumption is a necessary
condition of human life.
Nobel laureate, academician of the Academy of
Sciences P.P. Kapitsa said: "The future of humanity
depends on how it supplies itself with energy" [1] What
is "energy"? This seems to be well known to all of us, as
we use the word "energy" in our daily life and in
scientific research. Do we always know what that
means? And the most important thing is where it came
from. energy is at the center of all social relations
related to energy. "In the literature, the difference
between power and energy is not given much
attention" [2].
"Energy" - (from the Greek energeia - movement
(actually) - a term of ancient Greek philosophy,
meaning: 1) movement, implementation; 2) activity.
Quantitative measurement of the movement of
particles that make up matter of any form, in particular,
a div or a system of bodies, and the interactions of
these particles and interactions with other particles
[3].
Therefore, energy is a field of public economy, science
and technology, which includes the generation of
various types of energy, their transformation from one
type to another, their transmission and delivery over a
certain distance, their use in all areas, and the solution
of theoretical and practical problems related to them. .
"Energy should be considered as a separate field of
industry, and it should be understood as a generalized
name of energy-related activities" [4].
It should also be noted that in the matter of energy and
energy, one of the most important basic laws of
nature; according to him, in any closed system, we
must recognize that energy does not appear from
nothing and does not disappear, but only changes from
one type to another.
Sustainable development[5] and ecology Modern
economic and, to a large extent, political life provides
us with sufficient[6] "evidence materials", vivid
examples of the influence of energy on the
multifaceted spheres of the world. The phrases
"Energy Policy", "Energy Charter", "Energy Strategy",
"Energy Security", "Energy Diplomacy", "Energy
(Energy Efficient) Economy", "Collider" [7] are not only
on the pages of daily newspapers and well-known
magazines, but also are included in the titles of
monographic studies. Separate studies are also being
conducted. In particular, according to scientists in the
field of civil engineering, energy represents a certain
property of matter - a condition for the
implementation of useful work, entrepreneurship and
other types of activities - the ability to create
conditions. The supply of energy from the energy
supply organization to the consumer can be carried out
only if there is a connected network [8].
In the field of ecology, energy law, international
normative legal documents and our national legislation
[9], there are different views on the concept of
"Energy resources" and "natural resources", these
concepts are complex and ambiguous, and at the same
time closely related. "Natural resources (socio-
economically appropriated natural objects" [10].
Energy resources - coal, gas, oil and nuclear products -
these are really important resources (it doesn't matter
whether they are solid, liquid or gaseous). But, on the
Volume 03 Issue 12-2023
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(ISSN
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VOLUME
03
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Publisher:
Oscar Publishing Services
Servi
other hand, electrical energy (also thermal energy) is a
product of processing (fuel) such material.
Also, in hydroelectric power stations, the potential
energy of the water behind the dam falls from the top
and rotates the turbine blades, and electrical energy is
generated through mechanical energy.
The first legal document in the history of energy and
environmental law in general is the Edict "Prohibiting
the Use of Coal for Residential Heating in London"
adopted by King Edward in the 13th century. In Russia,
the decision of Peter I "On the protection of forests
and wildlife" was adopted[11]. In the territory of
Uzbekistan, important environmental norms are
defined in "Avesto".
Materials and methods. "Energy Law" subject in the
Russian Federation (since 2001) at Moscow State
University, Department of "Entrepreneurial Law"
(U.F.N. P.G. Lakhno) [12]. At the Technical University of
Berlin (Prof. F.Yu. Zecker), Ukrainian State Technical
University.
The subject "Energy Law" has been taught for many
years for students in law schools of many universities
of the world. In some universities, master's programs
in energy law are operating. For example, George
Washington
University
Law
School[13].
The
Department of Ecology and Energy Law in the
magistracy has been training mature specialists in this
field for 40 years. Subjects such as "Energy law",
"Energy and environment", "Natural resources law",
"Solid and hazardous waste control", "Oil and gas
law", "Nuclear energy law" are studied within this
direction.
More than 50 subjects related to energy and
environmental law are taught in the Master's Degree in
Energy Law of the University of Vermont Law School in
the USA, and it is one of the most advanced law schools
not only in the United States, but also in the world in
this field.
Queen Mary University of London Law School is one of
the UK's best energy law programs. This university's
Law School Master's in Energy and Natural Resources
Law offers many modules on energy law.
Representatives of Exxon, British gas, Shell companies,
famous in the field of energy business, participate in
the training of these modules with their lectures.
Dr. Vinogradov S.V. The University of Denmark
(Scotland) was founded in 1977 as a major in energy,
petroleum and natural resources. 23 special modules
that deepen knowledge in this field are conducted on
the basis of subjects. More than 100 students study in
this direction. In this field, this university has a number
of experts from abroad. Including Asia, Latin America,
Africa, southern Europe(14), CIS and others.
At present, there are controversial situations regarding
energy (energy) as an object of law and its study, and
it is being studied in various fields of law in developed
countries. For example, if we focus on a single case,
energy cannot be considered a commodity because it
is a general quantitative measure of the patterns of
motion of matter. Rejection of the material
understanding of energy is determined by the
impossibility of applying the property regime to this
special object of civil law (N. Zaichenko) [15].
Energy cannot be understood as an ordinary material
good. Energy manifests the property of materiality and
expresses a certain materiality state (current voltage,
water temperature). These features serve to ensure
that people achieve useful results, perform various
technical operations, create the necessary conditions
for work and rest. Due to its physical properties,
energy cannot be stored and stored in large quantities
in warehouses and special containers like other goods.
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Useful properties of energy are manifested in the
process of its use and consumption. As a result of use,
it is possible to specify the work performed or the
technological operations performed. However, the
energy itself is not transformed into some product or
other form, but disappears. The fact that the energy is
available and used is only reflected in the indicators of
measuring devices[16].
R. Savatier, one of the foreign scientists, writes,
"legally, energy can be expressed only in the form of
obligation. It is something that is always defined by
general characteristics, expressed only in the results of
its use and sold according to the unit of measurement.
As an essential aspect of an obligation, it can never be
an object of property rights.”
According to S.M. Korneev, energy is not constructed
as an ordinary subject of the material world, it is a
specific property of matter given a certain state
(current pressure, water temperature, etc.). Energy
cannot be considered as a simple object of the material
world, as something in the div; it is a given property
of a specific state of matter and matter (voltage, water
temperature, etc.). This feature is found in the creation
of necessary conditions (lighting, ventilation, heating,
etc.) for useful work, people's work and leisure [17].
It should be noted that the Law of the Republic of
Uzbekistan "On Electric Energy" contains clear
information that only electricity and energy are
"special goods". That is, electricity is a special type of
commodity characterized by simultaneous generation
and consumption.
However, M.M.Agarkov and S.M.Korneev argue that
energy is not a commodity. It is an independent object
of legal regulation. Energy is a general, collective,
abstract concept. Energy just doesn't exist. Energy also
cannot exist without its source and carrier. There are
different types of energy: mechanical, thermal,
electrical, physical, chemical and many other types. It
should not be considered only from the point of view
of the Civil Code.
Energy is complex, cross-sectoral. Energy is also a
material phenomenon (good). There are many types of
energy in nature. However, today, relations can be
regulated only in relation to the types of energy that
are useful for humans, used by people in everyday life
and professional activities, or, on the contrary,
prohibited. Each form of energy has its own
characteristics. They determine certain features in the
legal regulation of use (safety requirements,
maintenance of the energy sector, order and method
of energy supply (transmission), determination of its
quality, etc.). A characteristic feature of energy is its
ability to change from one form to another, which also
requires appropriate legal features in the regulation of
energy relations.
There are three main concepts of energy: one of them
considers energy as a specific commodity; the latter
energy is a property of immaterial nature. Third
scholars
suggest
considering
energy
as
an
independent object of legal regulation.
It should be noted that in order to determine the legal
significance of relations in the field of energy, first of
all, it is necessary to determine the scope of public
relations that constitute the subject of energy law. It is
the basis for determining public relations in the field of
energy and legal regulation of relations in this field.
It should be noted that this issue has been raised
several times in legal literature. The perspective of
public relations in the field of energy is presented in the
legal literature, that is, general social relations are
connected with the "network" (energy) community.
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Yu.O.Joraev energy right should be manifested in three
qualities like other rights (for example, citizenship,
labor). It is: 1) emerging legal network, 2) type of legal
sciences; 3) appears in adjectives such as training
course. In order to say with full confidence that energy
law is a type of legal science and a course of study, it is
necessary to pay attention to its status as a branch of
law. If a particular branch of law is a fully formed and
developing branch of law, then there can be no doubt
that it is recognized as a legal discipline and course of
study. It is possible to conditionally recognize a
complex of legal institutes that are not formed as a
branch of law as a type of legal science and an
educational course. Therefore, the introduction of
energy law as a separate educational lesson is not
without great benefits [18].
V.F. Popondopoulo, looking at issues of energy law and
energy legislation, considers energy relations as
relations related to the production, transmission and
consumption of energy, including electricity and its
other forms[19].
V. F. Yakovlev, P. G. Lakhno stated that energy is a
sector of the economy and the relations existing in this
sector, including the search for primary sources,
production, transmission (transportation), distribution
and use (consumption) of energy ) is the basis of the
introduction of legislation on energy[20]. It should be
noted that V.F. Yakovlev, P.G. Lakhno, the definition of
the country's fuel and energy complex is given as a
system of relevant energy sectors, enterprises and
organizations, based on the unity of functions
performed in the process of extraction (production),
processing,
transformation.
Use,
storage,
transportation and distribution of energy carriers and
energy resources, including the construction and use
of energy facilities for the purpose of meeting the
needs of the population and the country's economy
with
energy
resources, fulfilling
international
obligations and protecting the environment[21].
O.A. Gorodov stated that the main direction of the
energy law subject area is the social relations
developing in the energy sector. Energy resources,
production, transmission and use of energy types,
other relations arising in connection with the
production and use of this type of energy, investment,
environmental requirements and other issues related
to security.
Thus, determining the scope of relations regulated by
the norms of energy legislation, these relations, in
particular, in relation to traditional, alternative
(renewable) sources of energy, energy resources
search, extraction, production, processing, delivery,
storage, transportation we can say that it covers the
relationships that arise.
Therefore, the central issue in modern energy law is
the study of relations with traditional, alternative
(renewable) energy sources.
Research results. In recent years, measures aimed at
the rational use and production of energy in our
country, and the rapid introduction of new
technologies that save energy and resources have
been implemented, significant reforms have been
implemented, and legal foundations are being
strengthened. In general, relations in the field of
electricity and energy use and the creation of its legal
basis started a new stage. More than 200 normative
legal documents and standards are being developed
and implemented. Completely new special regulatory
legal documents have been adopted. For example, the
Law of the Republic of Uzbekistan "On the Use of
Renewable Energy Sources" dated May 21, 2019[23],
the Law of the Republic of Uzbekistan "On the Use of
Nuclear Energy for Peaceful Purposes" dated
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September 9, 2019[24]. (28), Decision of the President
of the Republic of Uzbekistan No. PQ-4779 of July 10,
2020 "On additional measures to increase the energy
efficiency of the economy and reduce the dependence
of economic sectors on fuel and energy products by
attracting available resources", PQ of August 22, 2019 -
Resolution No. 4422 "On rapid measures to increase
the energy efficiency of economic sectors and the
social sphere, introduce energy-saving technologies
and develop renewable energy sources", Resolution
No. 452 of the Cabinet of Ministers of the Republic of
Uzbekistan dated July 23, 2020 "Renewable energy
sources "Decision on measures of state accounting of
devices and the energy produced from them" [25]. was
accepted and implemented.
If we pay attention to the foreign experience in terms
of legal documents, until now 50 countries of the world
have adopted the law "On Alternative Energy Sources"
and now relations regarding the use of alternative
energy
are
legally
regulated.
Internationally,
Germany's "Alternative Energy and Energy System
Act"[26]. In China, the Law on "Alternative Energy
Sources"[27]. Law "On Alternative Energy Sources" in
Belarus, Law "On Alternative Energy Sources" in
Ukraine[28]. In the neighboring countries, Kazakhstan
has the Law "On Support of Alternative Energy Users",
Tajikistan has the Law "On the Use of Alternative
Energy", and Kyrgyzstan has the Law "On Renewable
Energy Sources"[29].
Renewable energy is a source of energy derived from
environmental energy flows. These include: solar,
wind, water resources, geothermal resources, biogas
obtained from industrial and municipal, agricultural
waste.
Renewable energy potential. One of the important
ways to reduce greenhouse gas emissions can be the
use of renewable energy sources. The gross potential
of solar energy in Uzbekistan is more than 51 billion
tons of oil equivalent. Based on these resources,
according to experts' calculations, it is possible to
produce 40 times more electricity than the electricity
consumed in our country this year. In general, the
presence of large potentials of QTEM in Uzbekistan
serves the successful development of this sector,
which allows to absorb a large part of this potential
when an appropriate economic environment is
created.
Sustainable development. The energy crisis of the 70s
of the last century, which covered many countries of
the world, was an invaluable lesson for our country.
This reminded once again that reserves of fuel and
energy resources will run out. The concept of
sustainable development of the economy as "meeting
the needs of the present generation without
compromising the interests of the future generation"
was formed.
Achievements in the development of the gas industry
in the middle of the 20th century - active operation of
gas and gas condensate deposits at low costs - led to
an increase in the share of natural gas in the overall
balance of energy resources consumption. Low gas
prices in the domestic market, large-scale gasification
led to a sharp increase in hydrocarbon production.
Solar energy. The climate and geographical
conditions of Uzbekistan provide the opportunity to
obtain electricity and heat energy from solar energy on
a large scale.
Solar energy is a renewable energy source that has a
bright future in terms of practical use, convenient and
easy to use energy. The gross potential of solar energy
in Uzbekistan is more than 51 billion tons of oil
equivalent.
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The weather in Uzbekistan is clear more than 320 days
a year, and our country has an advantage over most
regions of the world in terms of the number of sunny
days throughout the year. The future of solar energy is
bright in terms of its application, its resources and its
simplicity.
The Law "On the Use of Renewable Energy Sources",
the Law "On Water and Water Use", and the Law "On
the Rational Use of Energy" regulate relations in the
field of using a solar collector for hot water. The rules
for using heat energy are important.
The conditions and existing opportunities created in
Uzbekistan for the practical use of solar energy serve
as a basis for using this region as an experimental area
for the introduction of advanced technologies in this
field not only in our republic, but also in the whole of
Central Asia.
Taking into account the accumulated experience and
continuing to carry out research and pilot-industrial
development at a higher technical and scientific level,
applying some solutions for the use of alternative
energy sources in the conditions of Uzbekistan, taking
into account the world experience, as well as the
production of modern equipment and technologies for
this field in our country. in order to organize, a
scientific-experimental and material-technical base
was created for further development and practical
application of the use of solar and biogas energy in
Uzbekistan[30].
Wind energy. One of the types of renewable energy
used in the world is wind energy. The gross potential of
wind energy in Uzbekistan is 2.2 million t.n.e. rated as
When assessing the potential of wind energy, its
instability and low speed are taken into account. It
should be noted that the wind speed was determined
at
heights
of
up
to
10
meters
at
the
hydrometeorological stations of Uzbekistan, which are
far from each other. The location of these stations is
determined by the performance of many functions of
meteorological issues, and wind is one of these issues.
It is practically impossible to use Uzgidromet data to
determine the wind speed at a height of 80-100 meters,
which is necessary for the operation of modern wind
generators. According to the geographical position of
the territory of Uzbekistan, wind currents have a
seasonal character. The average annual wind speed in
the plains is 2.0-5.0 m/sec. According to some data, the
gross potential of wind energy is 3179.2 thousand tons.
(tons of conventional fuel), and its technical potential
is equal to 610.5 thousand t.sh.yo[31].
The average wind speed in Uzbekistan allows wind
generators to be installed in high mountain areas and
near the Aral Sea. When determining the potential of
wind energy, it is necessary to collect data about the
dynamics of the change of wind speed in each month
and its stability during the month, not the average daily
value of wind speed, especially not the average value
of ten-day or monthly average speed, but the exact
place where wind generators are installed.
Development and implementation of a set of measures
aimed at the rapid introduction of new energy and
resource-saving technologies in the newly adopted
normative legal documents and programs, increasing
the awareness of the population about renewable
energy sources, the use of renewable energy sources,
the disposal of animal husbandry and poultry waste in
farms installation of alternative energy source devices
for processing, introduction of renewable energy
sources according to modern technologies in farms,
obtaining alternative energy sources for the needs of
farms, including for heating hot rooms, developing
solar and biogas energy, taking into account the
experience of foreign countries Issues related to
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incentives for producers and users, giving them tax and
customs benefits and advantages are reflected.
It is important to use biogas in agriculture, to introduce
energy-saving technologies and alternative energy
sources, to further improve the opportunities of farms,
small and medium-sized agricultural enterprises, and to
promote modern methods of irrigation.
About biogas, biogas is considered an almost
inexpensive environmental fuel and is obtained from
solid and liquid wastes of livestock and poultry
farming, as well as residues produced in plants and
running water. In terms of its properties, biogas is close
to natural gas. Biogas can be burned like natural gas in
the following processes:
•
food preparation;
•
electric and thermal energy (hot water and heating
of houses);
•
as motor fuel.
The biogas production process produces high-quality
manure from the residues. Biogas can be obtained not
only in farms with a lot of cattle and poultry, but also in
private farms.
If several farms and private farms are located close to
each other, it will be more economical to organize
waste recycling and transfer the obtained biogas to
farms and farms through pipelines. For stable,
continuous and reliable operation of the biogas plant,
the user must know every detail of its operation. Only
when these conditions are met, the guarantees given
below can be achieved.
CONCLUSION
In conclusion, the stable development of our republic
has raised the development and research of new
energy technologies and energy law, innovative
technologies, development and implementation of its
legal framework to a high level. Sustainable supply of
energy, its use and the introduction of advanced
innovative technologies in these directions remain one
of the most important tasks.
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(2023:
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Original at rada.gov.ua
Volume 03 Issue 12-2023
54
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
45-54
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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