Law of Turkmenistan “On arterial pipeline transport” passed at the regular nineteenth meeting of the Parliament of Turkmenistan became an important step on the path of realization of wide-scale economic reforms, further development of ramified net of arterial gas and oil pipelines.
Freight turnover, being realized by arterial pipeline transport, gained great significance in total freight traffic of the country. Owing to it, it is transferred the lion's share of oil and gas produced in Turkmenistan as well as products of oil refining.
Arterial pipeline transport includes a large quantity of technological installations and aggregates. Being a key links of fuel-energy complex, these systems provide significant currency earnings to the state treasury. They are of great importance for economic state of the country. Exactly therefore, the principles of unity and centralized management were built into organizational structure of the arterial pipeline transport systems. It is obvious that these principles should be preserved and used in future for attainment maximum effect from their functioning in the state interests.
Oil and gas sectors are the basic for the Turkmen economy. They define to a considerable extent the economic independence of Turkmenistan, energy security of the country and have influence on solution of social issues. Peculiarities of functioning of the systems of arterial pipeline transport, regulation of specific issues of land use while construction and exploitation of facilities of these systems, regulation of relations emerging in connection with the functioning and development of the systems of arterial pipeline transport – all these factors demanded the legislative solution of legal foundations of this activity.
Law of Turkmenistan “On arterial pipeline transport” gives an opportunity, first of all, to realize the state interests, which consist in safety and maintenance of rational use of natural resources, creation of workplaces, and satisfaction of needs of home market in relevant product. At that, being the owner of oil and gas deposits, the state pays particular attention to the issues of their more efficient use in the interests of its population, their wellbeing, as well as realizes major principles of the state policy in the issues of exploitation and development of key type of transport for indicated energy resources – systems of arterial pipeline transport.
Major principles of such policy is the indivisibility of established systems of arterial pipeline transport as well as transport systems, which will be formed in future. Such principle is conditioned by necessity to maintain reliable and uninterrupted rendering of services on transportation of products, safe functioning of indicated systems.
All these issues, demanding legal regulation of relations in the field of arterial pipeline transport, were reflected in the passed law. In particular, this law outlines the principles of the state policy in the field of arterial pipeline transport. The major ones among them are the priorities of security of the population and state, environmental protection, maintenance of the state regulation of activity in the field of arterial pipeline transport, use of the latest technologies and equipment while designing, construction, reconstruction and exploitation of arterial pipelines.
With a view of intensification of the state’s role in maintenance of efficient functioning of arterial pipeline transport, the law identifies the competence of public authorities and state governing bodies, other authorized bodies in the field of arterial pipeline transport.
Taking into account the peculiarities of functioning of the systems of arterial pipeline transport, the law highlights the issues of standardization in the system of pipeline transport. The standard should contain, for example, the requirement on supply of facilities of pipeline transport with relevant control and diagnostic equipment on product loss, other indices testifying about leaking. It should be also established the obligatoriness of certification of services of arterial pipeline transport, its separate technological facilities.
The Law establishes the obligatoriness of licensing of definite types of activity of organizations of arterial pipeline transport that will allow creating conditions of safe exploitation of licensable facilities. The necessity of licensing is conditioned by complications and peculiarities of technologies of identified type of transport and products, being transported.
With a view of maintenance of effective functioning and development of the systems of arterial pipeline transport, the law reflects the issues of land tenure. They include the specificity of allotment, transmission, use, possession and withdrawal of lands intended for construction and exploitation of facilities of indicated systems, determination of the status of lands transferred or being provided for use by the organizations, including limitation for any construction in restricted area, limitation of economic use of lands of indicated zone, establishment of the right of limited use of field roads, for free passage of special technique essential for inspection and repair of facilities of arterial pipeline transport.
The Law envisages the responsibility of enterprises and organizations, realizing the production and delivery of technological equipment, materials revealed while mounting, setting-up and exploitation of arterial pipeline.
The Law determines that technological and dispatcher control by the connected production and technical facility regardless of the form of its ownership is realized centrally by the operator of arterial pipeline, which was connected to it.
Arterial pipeline transport is quite dangerous sphere of production activity. In this connection, the topical one in the law is the requirements on security of facilities of arterial pipeline as well as readiness of indicated facilities for actions on localization and liquidation of possible accidents, liability insurance for damnification.
At that, the Law of Turkmenistan “On arterial pipeline transport” will contribute to the increase of responsibility for environmental safety of gas and oil pipeline transport, improvement of supply the industrial and production facilities and population with fuel-energy resources, perfection of management of the country’s fuel-energy complex as well as provide the creation of conditions for deeper economic integration of the country into single international energy network.
Freight turnover, being realized by arterial pipeline transport, gained great significance in total freight traffic of the country. Owing to it, it is transferred the lion's share of oil and gas produced in Turkmenistan as well as products of oil refining.
Arterial pipeline transport includes a large quantity of technological installations and aggregates. Being a key links of fuel-energy complex, these systems provide significant currency earnings to the state treasury. They are of great importance for economic state of the country. Exactly therefore, the principles of unity and centralized management were built into organizational structure of the arterial pipeline transport systems. It is obvious that these principles should be preserved and used in future for attainment maximum effect from their functioning in the state interests.
Oil and gas sectors are the basic for the Turkmen economy. They define to a considerable extent the economic independence of Turkmenistan, energy security of the country and have influence on solution of social issues. Peculiarities of functioning of the systems of arterial pipeline transport, regulation of specific issues of land use while construction and exploitation of facilities of these systems, regulation of relations emerging in connection with the functioning and development of the systems of arterial pipeline transport – all these factors demanded the legislative solution of legal foundations of this activity.
Law of Turkmenistan “On arterial pipeline transport” gives an opportunity, first of all, to realize the state interests, which consist in safety and maintenance of rational use of natural resources, creation of workplaces, and satisfaction of needs of home market in relevant product. At that, being the owner of oil and gas deposits, the state pays particular attention to the issues of their more efficient use in the interests of its population, their wellbeing, as well as realizes major principles of the state policy in the issues of exploitation and development of key type of transport for indicated energy resources – systems of arterial pipeline transport.
Major principles of such policy is the indivisibility of established systems of arterial pipeline transport as well as transport systems, which will be formed in future. Such principle is conditioned by necessity to maintain reliable and uninterrupted rendering of services on transportation of products, safe functioning of indicated systems.
All these issues, demanding legal regulation of relations in the field of arterial pipeline transport, were reflected in the passed law. In particular, this law outlines the principles of the state policy in the field of arterial pipeline transport. The major ones among them are the priorities of security of the population and state, environmental protection, maintenance of the state regulation of activity in the field of arterial pipeline transport, use of the latest technologies and equipment while designing, construction, reconstruction and exploitation of arterial pipelines.
With a view of intensification of the state’s role in maintenance of efficient functioning of arterial pipeline transport, the law identifies the competence of public authorities and state governing bodies, other authorized bodies in the field of arterial pipeline transport.
Taking into account the peculiarities of functioning of the systems of arterial pipeline transport, the law highlights the issues of standardization in the system of pipeline transport. The standard should contain, for example, the requirement on supply of facilities of pipeline transport with relevant control and diagnostic equipment on product loss, other indices testifying about leaking. It should be also established the obligatoriness of certification of services of arterial pipeline transport, its separate technological facilities.
The Law establishes the obligatoriness of licensing of definite types of activity of organizations of arterial pipeline transport that will allow creating conditions of safe exploitation of licensable facilities. The necessity of licensing is conditioned by complications and peculiarities of technologies of identified type of transport and products, being transported.
With a view of maintenance of effective functioning and development of the systems of arterial pipeline transport, the law reflects the issues of land tenure. They include the specificity of allotment, transmission, use, possession and withdrawal of lands intended for construction and exploitation of facilities of indicated systems, determination of the status of lands transferred or being provided for use by the organizations, including limitation for any construction in restricted area, limitation of economic use of lands of indicated zone, establishment of the right of limited use of field roads, for free passage of special technique essential for inspection and repair of facilities of arterial pipeline transport.
The Law envisages the responsibility of enterprises and organizations, realizing the production and delivery of technological equipment, materials revealed while mounting, setting-up and exploitation of arterial pipeline.
The Law determines that technological and dispatcher control by the connected production and technical facility regardless of the form of its ownership is realized centrally by the operator of arterial pipeline, which was connected to it.
Arterial pipeline transport is quite dangerous sphere of production activity. In this connection, the topical one in the law is the requirements on security of facilities of arterial pipeline as well as readiness of indicated facilities for actions on localization and liquidation of possible accidents, liability insurance for damnification.
At that, the Law of Turkmenistan “On arterial pipeline transport” will contribute to the increase of responsibility for environmental safety of gas and oil pipeline transport, improvement of supply the industrial and production facilities and population with fuel-energy resources, perfection of management of the country’s fuel-energy complex as well as provide the creation of conditions for deeper economic integration of the country into single international energy network.