Pub Date : 2024-03-01DOI: 10.61525/s231243500030171-6
Margarita K. Krotova
Corporate governance is crucial for a company’s operations. The effectiveness of establishing a corporate structure largely determines the outcomes of an organization’s activities. However, successful management depends not only on complying with the “language” of law but also on understanding modern trends and tendencies in the changing reality. This article examines current trends in corporate governance using the structures of large fuel and energy holdings as an example. It also proposes ways of optimization for the successful development of the country’s strategic activities in the near future. Restrictive measures and sanctions make companies feel vulnerable. Therefore, the legislation aims at protecting the rights and interests of major market players by implementing effective measures. However, a deep analysis of introduced concessions of requirements shows that not all of them have a positive effect. That is why this study focuses on the current problems and solutions. The author proposes measures to improve corporate governance systems, including the possibility of utilizing artificial intelligence and modernizing information disclosure to reflect current realities.
{"title":"Trends in Legal Regulation of Corporate Governance in the Fuel and Energy Complex","authors":"Margarita K. Krotova","doi":"10.61525/s231243500030171-6","DOIUrl":"https://doi.org/10.61525/s231243500030171-6","url":null,"abstract":"Corporate governance is crucial for a company’s operations. The effectiveness of establishing a corporate structure largely determines the outcomes of an organization’s activities. However, successful management depends not only on complying with the “language” of law but also on understanding modern trends and tendencies in the changing reality. This article examines current trends in corporate governance using the structures of large fuel and energy holdings as an example. It also proposes ways of optimization for the successful development of the country’s strategic activities in the near future. Restrictive measures and sanctions make companies feel vulnerable. Therefore, the legislation aims at protecting the rights and interests of major market players by implementing effective measures. However, a deep analysis of introduced concessions of requirements shows that not all of them have a positive effect. That is why this study focuses on the current problems and solutions. The author proposes measures to improve corporate governance systems, including the possibility of utilizing artificial intelligence and modernizing information disclosure to reflect current realities.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"368 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140281643","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 : 2024-03-01DOI: 10.61525/s231243500030168-2
Y. V. Lebedeva
The article discusses the legal aspects of physical protection and nuclear safety of nuclear power plants located in a combat zone. The existing multilateral international treaties in this area, namely, the 1979 Convention on the Physical Protection of Nuclear Material (CPPNM) and the 2005 Amendment to the 2005 Convention on the Physical Protection of Nuclear Material, do not regulate the physical protection of nuclear facilities located in areas of active combat using conventional weapons. Moreover, the IAEA soft law provisions do not regulate the issues of physical protection of nuclear power plants located in areas of full-scale combat operations. The situation with the Zaporizhzhia Nuclear Power Plant has made the international community and the IAEA face the issue of legal regulation and development of recommendations for the physical protection of nuclear facilities in a war zone. Currently, a new concept for the physical protection of the Zaporizhzhia Nuclear Power Plant is being discussed under the auspices of the IAEA and efforts to prepare a new international treaty on the physical security of nuclear facilities in a war zone are underway.
{"title":"Legal issues of Nuclear Power Plant Safety in a War Zone","authors":"Y. V. Lebedeva","doi":"10.61525/s231243500030168-2","DOIUrl":"https://doi.org/10.61525/s231243500030168-2","url":null,"abstract":"The article discusses the legal aspects of physical protection and nuclear safety of nuclear power plants located in a combat zone. The existing multilateral international treaties in this area, namely, the 1979 Convention on the Physical Protection of Nuclear Material (CPPNM) and the 2005 Amendment to the 2005 Convention on the Physical Protection of Nuclear Material, do not regulate the physical protection of nuclear facilities located in areas of active combat using conventional weapons. Moreover, the IAEA soft law provisions do not regulate the issues of physical protection of nuclear power plants located in areas of full-scale combat operations. The situation with the Zaporizhzhia Nuclear Power Plant has made the international community and the IAEA face the issue of legal regulation and development of recommendations for the physical protection of nuclear facilities in a war zone. Currently, a new concept for the physical protection of the Zaporizhzhia Nuclear Power Plant is being discussed under the auspices of the IAEA and efforts to prepare a new international treaty on the physical security of nuclear facilities in a war zone are underway.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"50 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140269679","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 : 2024-03-01DOI: 10.61525/s231243500030170-5
Dmitry O. Pasynkov
This article deals with the challenges of implementing the heat network organization criteria and the fate of contractual relations between heat supply organizations and heat network owners that lost the heat network organization status. The author concludes that the special legislation on heat supply does not provide a procedure for terminating contractual relations between a heat supply organization and an entity that does not meet the heat network organization criteria, even if the parties had a contract for heat energy (heat carrier) transmission services before the criteria came into force. This situation leads to different interpretations of the procedure for applying the criteria and gives rise to disputes between heat supply organizations and heat network owners. The lack of a straightforward and unambiguous mechanism for applying the criteria in price zones has resulted in the necessity for heat supply organizations and heat network owners to defend their rights in court and administratively. Analysis of the general provisions of civil legislation indicates that contracts between heat supply organizations and heat network owners that do not meet the criteria are subject to termination due to impossibility of performance. Additionally, heat supply organizations have the right to verify that heat network owners comply with the heat network organization criteria. The author concludes that developing a mechanism of interaction between the parties is necessary when concluding and implementing contracts for heat energy (heat carrier) transmission services.
{"title":"Challenges in Implementing the Heat Network Organization Criteria: Contractual Relations between Heat Supply Organizations and Heat Network Owners That Lost Their Heat Network Organization Status","authors":"Dmitry O. Pasynkov","doi":"10.61525/s231243500030170-5","DOIUrl":"https://doi.org/10.61525/s231243500030170-5","url":null,"abstract":"This article deals with the challenges of implementing the heat network organization criteria and the fate of contractual relations between heat supply organizations and heat network owners that lost the heat network organization status. The author concludes that the special legislation on heat supply does not provide a procedure for terminating contractual relations between a heat supply organization and an entity that does not meet the heat network organization criteria, even if the parties had a contract for heat energy (heat carrier) transmission services before the criteria came into force. This situation leads to different interpretations of the procedure for applying the criteria and gives rise to disputes between heat supply organizations and heat network owners. The lack of a straightforward and unambiguous mechanism for applying the criteria in price zones has resulted in the necessity for heat supply organizations and heat network owners to defend their rights in court and administratively. Analysis of the general provisions of civil legislation indicates that contracts between heat supply organizations and heat network owners that do not meet the criteria are subject to termination due to impossibility of performance. Additionally, heat supply organizations have the right to verify that heat network owners comply with the heat network organization criteria. The author concludes that developing a mechanism of interaction between the parties is necessary when concluding and implementing contracts for heat energy (heat carrier) transmission services.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"324 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140281347","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 : 2024-03-01DOI: 10.61525/s231243500030163-7
M. Kleandrov
This article discusses issues of the fundamentals of the energy law science, noting their insufficiency in this sphere and the resulting ineffectiveness of both exploratory and applied research. As a result, laws and regulations in the energy sector, which is the basis of the national economy, is also inadequate. The author concludes that while scientific and technological progress in the energy sector is advancing rapidly, its legal regulation is lagging behind. There is a lack of coordination among leading scientific and legal researchers of existing institutions in energy law. The author suggests drastically expanding the scope of comprehensive training for higher scientific qualification personnel majoring in energy law, which would require specialized thesis boards. In the future, as the mankind masters inexhaustible and voluminous types of energy, such as lightning energy, time energy, and energy formed by the annihilation of matter and antimatter, etc., appropriate laws and regulations will be necessary (it is a must) preceded by scientific and legal study of the issue.
{"title":"On Basic Problems of Energy Law Science: Some Reflections","authors":"M. Kleandrov","doi":"10.61525/s231243500030163-7","DOIUrl":"https://doi.org/10.61525/s231243500030163-7","url":null,"abstract":"This article discusses issues of the fundamentals of the energy law science, noting their insufficiency in this sphere and the resulting ineffectiveness of both exploratory and applied research. As a result, laws and regulations in the energy sector, which is the basis of the national economy, is also inadequate. The author concludes that while scientific and technological progress in the energy sector is advancing rapidly, its legal regulation is lagging behind. There is a lack of coordination among leading scientific and legal researchers of existing institutions in energy law. The author suggests drastically expanding the scope of comprehensive training for higher scientific qualification personnel majoring in energy law, which would require specialized thesis boards.\u0000\u0000In the future, as the mankind masters inexhaustible and voluminous types of energy, such as lightning energy, time energy, and energy formed by the annihilation of matter and antimatter, etc., appropriate laws and regulations will be necessary (it is a must) preceded by scientific and legal study of the issue.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"536 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140274144","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 : 2024-03-01DOI: 10.61525/s231243500030162-6
V. Romanova
{"title":"Overview of the 2023 Award Ceremony for the Winners of the V.A. Musin Russian Law Award for Contribution to the Development of Energy Law","authors":"V. Romanova","doi":"10.61525/s231243500030162-6","DOIUrl":"https://doi.org/10.61525/s231243500030162-6","url":null,"abstract":"","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"226 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140274956","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 : 2024-03-01DOI: 10.61525/10.61525/s231243500030176-1
Ekaterina M. Kologermanskaya
The energy industry (including the use of renewable energy sources (RES)) is one of the most promising and investment-worthy areas at both national and global levels. For the member states of the BRICS intergovernmental association, this economy sector is also a platform for cooperation and interaction. On January 1, 2024, six new countries joined the association as full members: Saudi Arabia, the UAE, Iran, Ethiopia, Egypt, and Argentina. This article analyzes the national legal regulation of the use of renewable energy sources in these states. It should be noted that all members of the association have major differences in their technical and economic development, as well as in their statutory regulation of the energy sector in general and renewable energy sources in particular. However, these circumstances only substantiate the need to study the legal regulation experience of the BRICS member states. It should be said that the use of RES in the selected states is subject to government regulation, the parties to public relations associated with RES use, the legal status of RES-based electricity markets and power facilities have been defined, legal requirements for foreign investment in RES projects, etc. have been established. Thus, the analysis conducted focuses on promising legal measures that can be implemented in the national laws in order to improve and update it, as well as contribute to the international legal harmonization efforts.
{"title":"Analysis of the Legal Regulation of the Use of Renewable Energy Sources in the Energy Law of New Members of the BRICS Intergovernmental Association","authors":"Ekaterina M. Kologermanskaya","doi":"10.61525/10.61525/s231243500030176-1","DOIUrl":"https://doi.org/10.61525/10.61525/s231243500030176-1","url":null,"abstract":"The energy industry (including the use of renewable energy sources (RES)) is one of the most promising and investment-worthy areas at both national and global levels. For the member states of the BRICS intergovernmental association, this economy sector is also a platform for cooperation and interaction. On January 1, 2024, six new countries joined the association as full members: Saudi Arabia, the UAE, Iran, Ethiopia, Egypt, and Argentina. This article analyzes the national legal regulation of the use of renewable energy sources in these states. It should be noted that all members of the association have major differences in their technical and economic development, as well as in their statutory regulation of the energy sector in general and renewable energy sources in particular. However, these circumstances only substantiate the need to study the legal regulation experience of the BRICS member states. It should be said that the use of RES in the selected states is subject to government regulation, the parties to public relations associated with RES use, the legal status of RES-based electricity markets and power facilities have been defined, legal requirements for foreign investment in RES projects, etc. have been established. Thus, the analysis conducted focuses on promising legal measures that can be implemented in the national laws in order to improve and update it, as well as contribute to the international legal harmonization efforts.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"237 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140270651","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 : 2024-03-01DOI: 10.61525/s231243500030169-3
Marat T. Khamidullin
Amendments to the heat supply laws came into force over a year ago, providing criteria for acquiring the status of a heat network company. The purpose of these innovations was to bring order to the heat market and maintain competent professional players. It aimed at consolidating network assets in the last resort heat supplier, the unified heat distribution company, and depriving enterprises that lack the necessary material, labor, and technical resources for proper maintenance and repair of heat networks of the status of a heat network company. The intermediate results of the reform suggest now that the legislator’s expectations were not fully met. While disclosing the historical peculiarities of heat industry development in the pre-reform period, this article examines the factors that first led to the emergence of multiple heat network companies in the heat supply market and then prompted the legislator to take measures to optimize the number of regulated organizations. To simulate the potential effects of legal regulation, the author examines the electric power industry, which is related to heat supply. The legislator had already established criteria for local grid organizations in this industry several years before the reform of heat network companies. However, the legal position of the Constitutional Court of the Russian Federation prevented the legislator’s efforts from being fully implemented. To address the problem at hand, the author suggests transitioning from quantitative to qualitative criteria for evaluating an entity’s compliance with the status of a heat network company. This approach will prioritize the reliability of heat supply over using compliance as a formal basis for depriving bona fide enterprises of the status of a professional player in the heat market.
{"title":"Criteria for Heat Network Companies: Legal Capacity Issues","authors":"Marat T. Khamidullin","doi":"10.61525/s231243500030169-3","DOIUrl":"https://doi.org/10.61525/s231243500030169-3","url":null,"abstract":"Amendments to the heat supply laws came into force over a year ago, providing criteria for acquiring the status of a heat network company. The purpose of these innovations was to bring order to the heat market and maintain competent professional players. It aimed at consolidating network assets in the last resort heat supplier, the unified heat distribution company, and depriving enterprises that lack the necessary material, labor, and technical resources for proper maintenance and repair of heat networks of the status of a heat network company. The intermediate results of the reform suggest now that the legislator’s expectations were not fully met. While disclosing the historical peculiarities of heat industry development in the pre-reform period, this article examines the factors that first led to the emergence of multiple heat network companies in the heat supply market and then prompted the legislator to take measures to optimize the number of regulated organizations. To simulate the potential effects of legal regulation, the author examines the electric power industry, which is related to heat supply. The legislator had already established criteria for local grid organizations in this industry several years before the reform of heat network companies. However, the legal position of the Constitutional Court of the Russian Federation prevented the legislator’s efforts from being fully implemented. To address the problem at hand, the author suggests transitioning from quantitative to qualitative criteria for evaluating an entity’s compliance with the status of a heat network company. This approach will prioritize the reliability of heat supply over using compliance as a formal basis for depriving bona fide enterprises of the status of a professional player in the heat market.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"24 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140277962","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 : 2024-03-01DOI: 10.61525/s231243500030174-9
Elena A. Sidorova
Considering the tasks set by the government for the economy, the legal mechanisms for entering into contracts for the sale (supply) of goods on exchanges will continue evolving and improving, and the list of items that can be traded on exchanges will expand further. In order to create representative indicators and fair market prices for goods that are significant for the country (which cannot always be considered things), it seems reasonable to apply the concept of “goods” in a broader sense, including therein other objects of civil rights, other property, in addition to things, or even name specific property rights depending on which objects of civil rights the new “incorporeal” entities discussed above will be classified as in the Exchange Trading Law. An interesting question is that of listing on exchanges goods that are not things, but, as stated above, can also be traded on exchanges (carbon units, “green” certificates, and other similar objects). Considering the qualitative characteristics of such exchange-traded objects, one cannot speak of quality in the same sense as with things, nevertheless, the characteristics that objects may have in order to become exchange-traded commodities must be determined by the exchange establishing admission rules.
{"title":"Concept of Goods in Exchange Trading Laws","authors":"Elena A. Sidorova","doi":"10.61525/s231243500030174-9","DOIUrl":"https://doi.org/10.61525/s231243500030174-9","url":null,"abstract":"Considering the tasks set by the government for the economy, the legal mechanisms for entering into contracts for the sale (supply) of goods on exchanges will continue evolving and improving, and the list of items that can be traded on exchanges will expand further. In order to create representative indicators and fair market prices for goods that are significant for the country (which cannot always be considered things), it seems reasonable to apply the concept of “goods” in a broader sense, including therein other objects of civil rights, other property, in addition to things, or even name specific property rights depending on which objects of civil rights the new “incorporeal” entities discussed above will be classified as in the Exchange Trading Law. An interesting question is that of listing on exchanges goods that are not things, but, as stated above, can also be traded on exchanges (carbon units, “green” certificates, and other similar objects). Considering the qualitative characteristics of such exchange-traded objects, one cannot speak of quality in the same sense as with things, nevertheless, the characteristics that objects may have in order to become exchange-traded commodities must be determined by the exchange establishing admission rules.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"20 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140277971","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 : 2024-03-01DOI: 10.61525/s231243500030175-0
Konstantin A. Konstantinov
This article analyzes the main legal trends in the field of maximum electrical capacity reserve in the Russian Federation in the light of energy law innovations. The article examines the various meanings of the concept of maximum electrical capacity reserve, the development trends of the legal substance of the institution of maximum electrical capacity reserve, and contains a comparative legal analysis of foreign law provisions. The identified aspects of the new institution of Russian energy law allow us to conclude that there is excessive public legal regulation of private law relations in this field. The author substantiates the point of view that the potential development of a standard agreement with a condition for maximum electrical capacity reserve will affect the reduction of the discretion of the parties to the agreement and upset the balance of interests of all parties to the legal relations in question. The article discusses options of using the most balanced mechanism for legal regulation of relations associated with maximum electrical capacity reserve in Russia.
{"title":"Private Law Substance of the Institution of Maximum Electrical Capacity Reserve","authors":"Konstantin A. Konstantinov","doi":"10.61525/s231243500030175-0","DOIUrl":"https://doi.org/10.61525/s231243500030175-0","url":null,"abstract":"This article analyzes the main legal trends in the field of maximum electrical capacity reserve in the Russian Federation in the light of energy law innovations. The article examines the various meanings of the concept of maximum electrical capacity reserve, the development trends of the legal substance of the institution of maximum electrical capacity reserve, and contains a comparative legal analysis of foreign law provisions. The identified aspects of the new institution of Russian energy law allow us to conclude that there is excessive public legal regulation of private law relations in this field. The author substantiates the point of view that the potential development of a standard agreement with a condition for maximum electrical capacity reserve will affect the reduction of the discretion of the parties to the agreement and upset the balance of interests of all parties to the legal relations in question. The article discusses options of using the most balanced mechanism for legal regulation of relations associated with maximum electrical capacity reserve in Russia.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"163 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140282512","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 : 2024-03-01DOI: 10.61525/s231243500030173-8
Kseniya I. Khachaturova
In the current economic and political conditions there is a need to regulate the conduct of exchange traders. Currently, exchanges carry out this regulation directly, but it is not sufficient. Therefore, a comparative legal analysis of approaches to regulating the ethical conduct of traders in foreign jurisdictions is particularly relevant. Foreign experience shows that regulators and exchanges identify trader misconduct, establish criteria for such conduct and measures to punish it. At the same time, to minimize potential consequences for the commodity market, for example, due to erroneous actions by exchanges in qualifying conduct, and maintain its stability, the foreign regulator exercises control over activities of exchanges and trader compliance with local legislation, issues relevant acts and recommendations containing a list of desirable and undesirable market practices. According to the author, when introducing amendments and additions to regulatory legal acts regarding the powers of the Bank of Russia, it may be beneficial to consider foreign experience in regulating misconduct of exchange traders in the commodity market in Russian practice.
{"title":"Comparative Legal Analysis of the Powers of Commodity Exchanges and Regulators of Trade Organizers to Control the Ethical Conduct of Traders (a Study of the UK, USA, Japan, and India)","authors":"Kseniya I. Khachaturova","doi":"10.61525/s231243500030173-8","DOIUrl":"https://doi.org/10.61525/s231243500030173-8","url":null,"abstract":"In the current economic and political conditions there is a need to regulate the conduct of exchange traders. Currently, exchanges carry out this regulation directly, but it is not sufficient. Therefore, a comparative legal analysis of approaches to regulating the ethical conduct of traders in foreign jurisdictions is particularly relevant. Foreign experience shows that regulators and exchanges identify trader misconduct, establish criteria for such conduct and measures to punish it. At the same time, to minimize potential consequences for the commodity market, for example, due to erroneous actions by exchanges in qualifying conduct, and maintain its stability, the foreign regulator exercises control over activities of exchanges and trader compliance with local legislation, issues relevant acts and recommendations containing a list of desirable and undesirable market practices. According to the author, when introducing amendments and additions to regulatory legal acts regarding the powers of the Bank of Russia, it may be beneficial to consider foreign experience in regulating misconduct of exchange traders in the commodity market in Russian practice.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"218 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140279435","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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