能源法中的准分区调节性法律行为

M. T. Khamidullin
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摘要

在本文中,作者回顾了法律理论家对法律实体内部行为的现有观点,这些行为最近被法律出版物承认为独立的法律来源。地方法人行为具有法定规制性质的主要属性是法定规制发行权由法律授予公司或经国家主管机关批准予以制裁。建议对未经国家授权或批准但具有法定性质的法人的法律行为,作为单独的法律渊源进行单独审查。文章指出,此类行为的一个特征是,这些行为是由自然垄断主体发布的,这是20世纪后期俄罗斯市场经济改革的结果,其基础是管理不同国民经济部门(电力能源工业、天然气和石油运输系统)的分支部门。这是法律出版物中第一个试图理解这些行为性质的作者得出结论认为它们不同于公司和部门行为的案例。由于自然垄断主体的立法实际上取代了部委和其他国家部门的监管活动,作者建议将他们发布的文件命名为准分区法律行为。在此基础上,笔者将能源法中的准分割法律行为概念作为法律渊源之一加以表述。
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Quasi-Divisional Regulatory Legal Acts in Energy Law
In this article, the author reviews the existing views of legal theoreticians on internal acts of legal entities that have been lately acknowledged by legal publications as independent law sources. The paper singles out the main attribute that gives local acts of legal entities the statutory regulation quality, being the delegation of statutory regulation issuance powers to the company by the law or sanctioning by means of approval by a competent state authority. The author suggests that legal acts of legal entities issued without the delegation right or approval by the state but having statutory qualities should be reviewed on a standalone basis, as a separate law source. The article notes that a characteristic feature of such acts is their issuance by subjects of natural monopolies created as a result of market economic reforms held in Russia in the late 20th century based on branch ministries governing separate national economy sectors (electrical energy industry, gas and oil transportation system). It is the first case in legal publications when the author that makes an attempt at understanding the nature of these acts concludes that they differ from corporate and departmental acts. Due to the fact that law making by subjects of natural monopolies was actually replacing regulatory activities of ministries and other state departments, the author suggests naming the documents they issue quasi-divisional legal acts. Based on the obtained results, the author words the concept of quasi-divisional legal acts in the energy law as one of law sources.
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