Pub Date : 2020-05-15DOI: 10.17803/2311-5998.2020.67.3.116-124
А. М. Шафир
Energy markets are an organizational and economic mechanism that ensures the functioning of the sphere of circulation of energy resources, organized according to the laws of commodity production. Energy is nothing more than a material carrier of the energy transferred in the process of planning of activity of subjects of FEC fuel and energy balances of fuel as a unit of measurement of the amount of energy in a particular energy resource. Economic relations for the supply of energy resources are formed in two main forms‑supply through the connected network and supply. In energy and gas supply, the phase of energy circulation in time essentially coincides with the phase of its production, which determines the direct impact and determining influence of the mode of energy consumption on the mode of its production. The expansion of the sphere of circulation to the sphere of consumption leads to the fact that the consumption of energy resources itself becomes an «act of trade». The consumer purchases an energy resource with an easement of participation directly by the state (state agencies) or commercial energy supply organizations in its use. The form of such participation is operational dispatch management carried out by the specified bodies in the energy sector. The unified energy Fund of the Russian Federation and energy funds of other levels are property economic and legal entities, economic and legal institutions, the existence of which can become a significant argument in favor of energy law as an independent industry.The interconnection of transmission and consumption of energy resources with the latter’s defining role in the conditions of centralized operational dispatch management of the supply regime gives a synergistic effect in the form of organic interaction of public and private law relations in relations on energy supply.The specificity of public‑legal relations in the field of energy supply consists in their «introduction» into private‑law relations, to the extent of organic interaction and functioning as a whole.
{"title":"Energy market: general theory legal regulation","authors":"А. М. Шафир","doi":"10.17803/2311-5998.2020.67.3.116-124","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.67.3.116-124","url":null,"abstract":"Energy markets are an organizational and economic mechanism that ensures the functioning of the sphere of circulation of energy resources, organized according to the laws of commodity production. Energy is nothing more than a material carrier of the energy transferred in the process of planning of activity of subjects of FEC fuel and energy balances of fuel as a unit of measurement of the amount of energy in a particular energy resource. Economic relations for the supply of energy resources are formed in two main forms‑supply through the connected network and supply. In energy and gas supply, the phase of energy circulation in time essentially coincides with the phase of its production, which determines the direct impact and determining influence of the mode of energy consumption on the mode of its production. The expansion of the sphere of circulation to the sphere of consumption leads to the fact that the consumption of energy resources itself becomes an «act of trade». The consumer purchases an energy resource with an easement of participation directly by the state (state agencies) or commercial energy supply organizations in its use. The form of such participation is operational dispatch management carried out by the specified bodies in the energy sector. The unified energy Fund of the Russian Federation and energy funds of other levels are property economic and legal entities, economic and legal institutions, the existence of which can become a significant argument in favor of energy law as an independent industry.The interconnection of transmission and consumption of energy resources with the latter’s defining role in the conditions of centralized operational dispatch management of the supply regime gives a synergistic effect in the form of organic interaction of public and private law relations in relations on energy supply.The specificity of public‑legal relations in the field of energy supply consists in their «introduction» into private‑law relations, to the extent of organic interaction and functioning as a whole.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132524450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-15DOI: 10.17803/2311-5998.2020.67.3.179-186
L. Mastilovič
Directive on preventive restructuring 1023/2019 (hereinafter referred to as the Directive) guarantees the right of bona fide and prospective commercial entities (hereinafter‑debtors) to initiate a preventive restructuring procedure in the absence of signs of bankruptcy, subject to the mandatory consent of the debtor and the majority of creditors, while, if the disagreement of the majority of creditors is not economically justified, the procedure can be approved by the authorized body (hereinafter — the court). The purpose of the procedure is to prevent bankruptcy in advance. A significant common characteristic of preventive restructuring and bankruptcy proceedings is the collective extension of legal consequences to all creditors, including those who disagree, because a single legal will is economically necessary to achieve the goal. In addition, it prohibits any of the creditors, including those from the dissenting minority, from starting enforcement proceedings (bankruptcy proceedings or enforcement proceedings) at a certain period, even if there are grounds provided for by law, since the legal consequences apply to all creditors, which ensures the incentive and effectiveness of the measures taken and avoids a conflict of creditors due to different assessments of the economic situation and prospects of the debtor.
{"title":"The restructuring of the debtor as a means bankruptcy warnings under european law legislation","authors":"L. Mastilovič","doi":"10.17803/2311-5998.2020.67.3.179-186","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.67.3.179-186","url":null,"abstract":"Directive on preventive restructuring 1023/2019 (hereinafter referred to as the Directive) guarantees the right of bona fide and prospective commercial entities (hereinafter‑debtors) to initiate a preventive restructuring procedure in the absence of signs of bankruptcy, subject to the mandatory consent of the debtor and the majority of creditors, while, if the disagreement of the majority of creditors is not economically justified, the procedure can be approved by the authorized body (hereinafter — the court). The purpose of the procedure is to prevent bankruptcy in advance. A significant common characteristic of preventive restructuring and bankruptcy proceedings is the collective extension of legal consequences to all creditors, including those who disagree, because a single legal will is economically necessary to achieve the goal. In addition, it prohibits any of the creditors, including those from the dissenting minority, from starting enforcement proceedings (bankruptcy proceedings or enforcement proceedings) at a certain period, even if there are grounds provided for by law, since the legal consequences apply to all creditors, which ensures the incentive and effectiveness of the measures taken and avoids a conflict of creditors due to different assessments of the economic situation and prospects of the debtor.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121181797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-15DOI: 10.17803/2311-5998.2020.67.3.135-150
T. Otcheskaya, T. Afanasieva
In the context of protecting the rights of entrepreneurs, the authors investigate the problem of determining the legal nature of such an act of reaction to an offense as a warning. The lack of a proper understanding of the nature of the warning determines the problems associated with the announcement of the warning, provided for By the law on the Prosecutor’s office and various Federal laws. Analysis of the practical implementation of these rules has shown a lack of necessary clarity and unambiguity of the regulations. The lack of a unified doctrinal approach to understanding the essence of the warning against violation of requirements is another confirmation of this. Having identified and analyzed the essential properties of the warning and its basis, the authors conclude that by its legal nature, the warning is a nonnormative legal act and can be challenged in court, which is confirmed by relevant examples of judicial and prosecutorial practice. Current legal provisions that obscure the obligation of the addressee to comply with the warning are subject to adjustment in order to ensure legal certainty.
{"title":"Legal nature of the impermissibility warning violations of requirements in the fuel and energy sector","authors":"T. Otcheskaya, T. Afanasieva","doi":"10.17803/2311-5998.2020.67.3.135-150","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.67.3.135-150","url":null,"abstract":"In the context of protecting the rights of entrepreneurs, the authors investigate the problem of determining the legal nature of such an act of reaction to an offense as a warning. The lack of a proper understanding of the nature of the warning determines the problems associated with the announcement of the warning, provided for By the law on the Prosecutor’s office and various Federal laws. Analysis of the practical implementation of these rules has shown a lack of necessary clarity and unambiguity of the regulations. The lack of a unified doctrinal approach to understanding the essence of the warning against violation of requirements is another confirmation of this. Having identified and analyzed the essential properties of the warning and its basis, the authors conclude that by its legal nature, the warning is a nonnormative legal act and can be challenged in court, which is confirmed by relevant examples of judicial and prosecutorial practice. Current legal provisions that obscure the obligation of the addressee to comply with the warning are subject to adjustment in order to ensure legal certainty.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116157486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-15DOI: 10.17803/2311-5998.2020.67.3.096-105
V. S. Eliseev
The article analyzes the formation of the contractual communication structure in the electric power industry after its reform in the Russian Federation. The electric power industry in the USSR was built on the basis of technological unity. This principle was violated as a result of the privatization of the energy sector. At the organizational level have been produced: a parallel gap of the joint electricity producer; series‑parallel gap of transmission; the functional gap of electricity transmission; electricity market is divided into wholesale and retail. A large number of intermediaries were created. In the future, a special structure of contractual relations was created, which was mandatory. The conclusion of contracts for energy companies became mandatory; contracts became standard; pricing was mandatory. This was done on the basis of the principle of technological unity of the electric power industry, which allowed the author to draw a conclusion about the administrative and legal nature of the structure of contractual relations in the electric power industry.
{"title":"The influence of the «technological unity of power» on the structure of contractual relations in Russian electric power industry","authors":"V. S. Eliseev","doi":"10.17803/2311-5998.2020.67.3.096-105","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.67.3.096-105","url":null,"abstract":"The article analyzes the formation of the contractual communication structure in the electric power industry after its reform in the Russian Federation. The electric power industry in the USSR was built on the basis of technological unity. This principle was violated as a result of the privatization of the energy sector. At the organizational level have been produced: a parallel gap of the joint electricity producer; series‑parallel gap of transmission; the functional gap of electricity transmission; electricity market is divided into wholesale and retail. A large number of intermediaries were created. In the future, a special structure of contractual relations was created, which was mandatory. The conclusion of contracts for energy companies became mandatory; contracts became standard; pricing was mandatory. This was done on the basis of the principle of technological unity of the electric power industry, which allowed the author to draw a conclusion about the administrative and legal nature of the structure of contractual relations in the electric power industry.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121831735","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-15DOI: 10.17803/2311-5998.2020.67.3.077-085
A. Ryzhenkov
The article examines the issues of theory and practice of compensation for environmental damage, and formulates its concept. Attention is drawn to the features of compensation of harm to the environment in the context of judicial practices, discusses the legal position of the constitutional Court of the Russian Federation and the Supreme Court, the conclusion about inadmissibility of adoption subjects of the Russian Federation normative acts regulating compensation of harm to the environment at rates and methods. The conclusion that harm to human life, health and property caused by the negative impact of the environment (secondary or ecogenic harm) can be compensated in three different ways: insurance; in court; in public.
{"title":"Legal regulation of environmental damage compensation: problems of theory and practice","authors":"A. Ryzhenkov","doi":"10.17803/2311-5998.2020.67.3.077-085","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.67.3.077-085","url":null,"abstract":"The article examines the issues of theory and practice of compensation for environmental damage, and formulates its concept. Attention is drawn to the features of compensation of harm to the environment in the context of judicial practices, discusses the legal position of the constitutional Court of the Russian Federation and the Supreme Court, the conclusion about inadmissibility of adoption subjects of the Russian Federation normative acts regulating compensation of harm to the environment at rates and methods. The conclusion that harm to human life, health and property caused by the negative impact of the environment (secondary or ecogenic harm) can be compensated in three different ways: insurance; in court; in public.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121856447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-15DOI: 10.17803/2311-5998.2020.67.3.158-164
V. Kim
In this article, the author concludes that the institution of plenipotentiaries of the President in the federal districts is a legal tool of the President of Russia, which was created to facilitate the exercise of his powers in the federal districts, which can and should be applied in the process of monitoring the implementation of the Development Strategy Implementation Plan mineral resource base of Russia until 2035, even despite the fact that authorized representatives in federal districts are not indicated in the text of the Strategy as part of controlling persons. The territorial bodies of the Federal Subsoil Use Agency (Rosnedra), established at the level of federal districts, should be the conductors of this control: the provisions on the establishment of territorial bodies of the Rosnedra at the level of federal districts contain regulatory provisions that allow direct interaction with the Presidential plenipotentiary representatives in federal districts. In addition, Presidential Decree No. 849 of May 13, 2000, which established federal districts and plenipotentiaries, directly indicates the possibility of plenipotentiaries to monitor the implementation of orders of the Government of Russia — the Strategy was approved in the form of a government order.
{"title":"Russia’s mineral resource base development till 2035: control at the level of federal districts","authors":"V. Kim","doi":"10.17803/2311-5998.2020.67.3.158-164","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.67.3.158-164","url":null,"abstract":"In this article, the author concludes that the institution of plenipotentiaries of the President in the federal districts is a legal tool of the President of Russia, which was created to facilitate the exercise of his powers in the federal districts, which can and should be applied in the process of monitoring the implementation of the Development Strategy Implementation Plan mineral resource base of Russia until 2035, even despite the fact that authorized representatives in federal districts are not indicated in the text of the Strategy as part of controlling persons. The territorial bodies of the Federal Subsoil Use Agency (Rosnedra), established at the level of federal districts, should be the conductors of this control: the provisions on the establishment of territorial bodies of the Rosnedra at the level of federal districts contain regulatory provisions that allow direct interaction with the Presidential plenipotentiary representatives in federal districts. In addition, Presidential Decree No. 849 of May 13, 2000, which established federal districts and plenipotentiaries, directly indicates the possibility of plenipotentiaries to monitor the implementation of orders of the Government of Russia — the Strategy was approved in the form of a government order.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121183107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-10DOI: 10.17803/2311-5998.2020.66.2.070-080
T. Shillinglaw
The article focuses on the study of the protection of more valuable corporate assets. It presents the most appropriate ways to provide such protection, to create a well-organized and effectively implemented program of project development.
{"title":"The importance of patents in international commerce — a practical guide","authors":"T. Shillinglaw","doi":"10.17803/2311-5998.2020.66.2.070-080","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.66.2.070-080","url":null,"abstract":"The article focuses on the study of the protection of more valuable corporate assets. It presents the most appropriate ways to provide such protection, to create a well-organized and effectively implemented program of project development.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114450186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-10DOI: 10.17803/2311-5998.2020.65.1.082-084
C. Goddard
This short article gives the reader an insight into some of the methods used at our university to support students who wish to become more proficient in Legal English. It begins with an overview of its importance to the student, and provides some details of courses, their contents and other opportunities which are available free of charge to assist the acquisition of a major skill for the modern lawyer.
{"title":"English language and the law – opportunities in the University","authors":"C. Goddard","doi":"10.17803/2311-5998.2020.65.1.082-084","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.65.1.082-084","url":null,"abstract":"This short article gives the reader an insight into some of the methods used at our university to support students who wish to become more proficient in Legal English. It begins with an overview of its importance to the student, and provides some details of courses, their contents and other opportunities which are available free of charge to assist the acquisition of a major skill for the modern lawyer.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"03 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129470738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-10DOI: 10.17803/2311-5998.2020.66.2.043-052
J. Iskakova, S. Kashkin
This article examines the development of artificial intelligence in terms of its impact on the sphere of human activity, in particular, issues arising in connection with the copyright to works created as a result of close interaction between artificial intelligence and human. It also presents cases of occurrence of these problems and basic approaches to their solution from a legal point of view.
{"title":"Modern copyright law and the problems of artificial intelligence development","authors":"J. Iskakova, S. Kashkin","doi":"10.17803/2311-5998.2020.66.2.043-052","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.66.2.043-052","url":null,"abstract":"This article examines the development of artificial intelligence in terms of its impact on the sphere of human activity, in particular, issues arising in connection with the copyright to works created as a result of close interaction between artificial intelligence and human. It also presents cases of occurrence of these problems and basic approaches to their solution from a legal point of view.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131135075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-10DOI: 10.17803/2311-5998.2020.66.2.133-159
M. Montanarini
Imports of goods at less than an average market price can be very harmful to fair competition and to the economies of the importing Country. The European Union has established since 2016 a standard set of regulations for its member states in order to identify dumped imported goods and apply duties to redress the situation. People Republic of China, due to its importance as exporter of goods in the European Union, at a price liable to be defined as “dumped” has been the subject of the overwhelming majority of duties leveled at dumped imports. Such a conflicting situations can be solved either applying standard international law negotiations and agreements, either making recourse to the tools offered by European Union’s regulation from the affected companies exporting goods to European Union’s member states.
{"title":"Anti dumping EU measures against China and possible legal actions to alleviate them and/or improve relationships between EU and China","authors":"M. Montanarini","doi":"10.17803/2311-5998.2020.66.2.133-159","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.66.2.133-159","url":null,"abstract":"Imports of goods at less than an average market price can be very harmful to fair competition and to the economies of the importing Country. The European Union has established since 2016 a standard set of regulations for its member states in order to identify dumped imported goods and apply duties to redress the situation. People Republic of China, due to its importance as exporter of goods in the European Union, at a price liable to be defined as “dumped” has been the subject of the overwhelming majority of duties leveled at dumped imports. Such a conflicting situations can be solved either applying standard international law negotiations and agreements, either making recourse to the tools offered by European Union’s regulation from the affected companies exporting goods to European Union’s member states.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125393083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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