Conclusion of energy service contracts in the field of procurement for state and municipal needs

2019 ◽  
Author(s):  
Елена Матвеева ◽  
Elena Matveeva
Keyword(s):  
Graduate Students ◽  
Energy Saving ◽  
Legal Regulation ◽  
Service Contract ◽  
Legal Norms ◽  
Service Contracts ◽  
Energy Service

Monografiya predstavlyayet soboy rabotu, posvyashchennuyu aktual'nym voprosam pravovogo regulirovaniya energoservisnykh dogovorov v kontraktnoy sisteme. V rabote proanalizirovany problemy pravovoy reglamentatsii stadii zaklyucheniya energoservisnykh kontraktov i dany predlozheniya po optimizatsii deystvuyushchikh norm prava. Monografiya prednaznachena dlya studentov i aspirantov vuzov, a takzhe mozhet predstavlyat' interes dlya organov gosudarstvennogo i munitsipal'nogo upravleniya pri realizatsii meropriyatiy energosberezheniya s ispol'zovaniyem konstruktsii energoservisnogo kontrakta. The monograph is a work devoted to topical issues of legal regulation of energy service contracts in the contract system. The paper analyzes the problems of the legal regulation of the stage of conclusion of energy service contracts and offers suggestions for optimizing existing legal norms. The monograph is intended for undergraduate and graduate students of universities, and may also be of interest to state and municipal authorities in the implementation of energy saving measures using the design of an energy service contract.

scholarly journals Problems of using the energy service contract in Russia

2018 ◽  
Vol 251 ◽  
pp. 05034 ◽  
Author(s):  
Tatiana Meshcheryakova
Keyword(s):  
Energy Saving ◽  
State Level ◽  
Federal Law ◽  
Energy Services ◽  
Service Contract ◽  
Service Companies ◽  
Service Contracts ◽  
Logical Method ◽  
Energy Service ◽  
Legislative Changes

Subject of study. One of the most popular investment mechanisms in the field of energy saving in Europe is the energy service contract. The importance and prospects of its application in Russia began to be perceived at the state level 9 years ago. Despite the active work of government agencies on the implementation of energy-saving measures, including the financial aspects accompanying them, the barriers to the implementation of the energy service contract are growing. Goals. It is required to identify the key barriers that hamper the development of the energy service contract and form possible recommendations that allow the situation in the energy services market to be determined in a conclusive manner. Materials and methods. The study uses official data from the reports of the Ministry of Energy, statistics of the Russian Association of Energy Service Companies (RAESCO), the latest amendments and additions to Federal Law No. 261 “On Energy Saving … “. For the analysis, scientific methods such as logical and graphical methods, analysis and synthesis, a systematic approach, a logical method of knowledge of the subject domain are used. Results. Introduced at the federal level legislative changes in the field of energy inspection, completely abolishing the concept of “compulsory energy inspection” will negatively affect the market of energy services. In conditions that involve the survival of the strongest energy service companies, a new approach is proposed for the implementation of energy service contracts outsourcing an energy service company. Conclusions. In the conditions of annual reduction of budgetary funds for energy-saving measures, the energy service contract is a indispensable and non-alternative investment mechanism that allows implementing state tasks in the field of energy saving and energy efficiency. It is necessary to provide state support and review of existing approaches to the application of the energy service contract.

scholarly journals ENERGOSERVICE AS A COMPLEX OF TECHNICAL AND ORGANIZATIONAL ENERGY SAVING MEASURES

2020 ◽  
pp. 147-156
Author(s):  
Oksana Vakun
Keyword(s):  
Energy Efficiency ◽  
Energy Saving ◽  
Service Contract ◽  
Service Company ◽  
Service Companies ◽  
Industrial Enterprises ◽  
Service Contracts ◽  
Energy Service ◽  
Energy Service Company ◽  
Income Sharing

Introduction. Improving the energy efficiency of residential and industrial enterprises is associated with ensuring efficient energy conservation, based on the principles of implementing the latest innovative technologies of energy modernization. All this is possible due to the operation of energy service companies, which are actively implementing energy modernization of facilities to ensure rational energy saving through the mechanism of concluding energy service contracts. Goal. The purpose of the article is to consider the peculiarities of the functioning of energy service companies in Ukraine and their conclusion of energy service contracts to improve the energy efficiency of housing and industrial enterprises. Method (methodology). The main methods were induction and deduction, logical generalization, comparative and system-structural analysis, grouping to identify existing problems in the operation of energy service companies and the mechanism for concluding energy service contracts. Results. Categories are considered: "energy service company", "energy service contract". The content of the understanding of energy service as a set of technical and organizational energy saving measures aimed at reducing the customer service of energy service consumption and costs for payment of fuel and energy resources. Trends are revealed and key elements of features of energy service contracts by types and forms are analyzed. The peculiarities of the mechanism of concluding an energy service contract have been studied. The expediency of introducing the latest elements of energy service contracts into the activities of energy service companies is substantiated. The relationship between energy service as a special form of energy saving, in which the costs of measures are borne by the energy service company and the energy service contract, which regulates the list of implemented energy saving measures, payback period of the project, the amount of energy savings and income sharing. energy service company.

scholarly journals Assessment of energy saving and energy efficiency development in Russia and abroad

2019 ◽  
Vol 110 ◽  
pp. 01076 ◽  
Author(s):  
Tatiana Meshcheryakova
Keyword(s):  
Energy Efficiency ◽  
Energy Saving ◽  
Conservation Of Resources ◽  
Service Market ◽  
Service Contract ◽  
Market Participants ◽  
Contract Performance ◽  
Energy Service ◽  
World Economic ◽  
The Eu

At the present stage of world economic development, great attention is paid to ensuring sustainable development, including the low energy intensity of industrialized economies. In view of this, the various methods, approaches and mechanisms for energy saving and energy efficiency are of particular importance. One of the most relevant non-state mechanisms is an energy service contract (performance contract). There are preventive mechanisms that have not yet been imposed on market participants, but are capable of qualitatively changing the company's policy regarding the conservation of resources. The goal of the research is to form an understanding of the potential for applying modern energy saving and energy efficiency mechanisms in Russia and the EU. To achieve this goal, the study provides an overview of the current state of the energy service market in these countries, the conditions and directions of its development, identifies key problems in the application of the energy service contract and assesses its potential. A comparative description of the practice of application of the energy service contract and systems of certification of projects and real estate in Russia and the EU is given.

scholarly journals The implementation of energy-service contracts in the Republic of Sakha (Yakutia) as a tool to reduce government spending: experience and prospects

2018 ◽  
Vol 245 ◽  
pp. 06015
Author(s):  
Egor Slobodchikov ◽  
Lidiya Baisheva ◽  
Vladimir Syromyatnikov
Keyword(s):  
Energy Saving ◽  
Government Spending ◽  
Thermal Protection ◽  
Economic Effect ◽  
Public Enterprises ◽  
High Quality ◽  
Service Market ◽  
Service Contracts ◽  
Energy Service ◽  
The Republic

The article analyses the results of implementation of the energy-service contracts in the Republic of Sakha (Yakutia). A review of the Russian energy service market has been completed. Real savings of energy carriers according to metering devices in public enterprises, indicating the effectiveness of the technologies used, have been achieved. The used energy-saving technologies and solutions that allow one to achieve economic effect are considered. It is established that the existing mechanism of energy service allows the renovation of buildings with high-quality engineering support and high thermal protection of the shell.

Efficiency in the Choice of Power Service Contract as Way of Financing Power Service Activities

2018 ◽  
pp. 141-143
Author(s):  
Elena Yu. Matveeva
Keyword(s):  
Basic Principles ◽  
Service Contract ◽  
Service Contracts ◽  
Service Activities ◽  
Energy Service

The basic principles of energy service contracts for the external illumination sector are considered. An assessment of conditions of contract profitability for both parties is given.

The Relevance of Energy Service Contracts in the Budget Sphere

2018 ◽  
pp. 64-68
Author(s):  
George V. Boos ◽  
Elena Yu. Matveeva
Keyword(s):  
Public Sector ◽  
Institutional Development ◽  
The Public ◽  
Debt Burden ◽  
Comprehensive Plan ◽  
Effective Implementation ◽  
Service Contracts ◽  
The Face ◽  
Energy Service ◽  
The Russian Federation

The problematic aspects related to the implementation of energy saving policy in the budget sphere are examined in the article. The factors hindering the mass and effective implementation of energysaving measures are highlighted in the article. Among these factors, there is the technical complexity of energysaving projects, the presence of innovative and investment risks, problems with the financial provision of costs in the face of increasing debt burden in most public budgets. The article concludes that in these circumstances only the energy service contract is a tool that allows implementing energy­saving measures without the first participation of budgetary funds in financing and allows transferring the risks of making technically inefficient decisions directly to the investor. In the article, the authors substantiate the importance of the institutional development of energy services directly in the public sector and analyze the measures of the comprehensive plan to improve the energy efficiency of the economy of the Russian Federation aimed at expanding the scope of energy service contracts in the public sector.

Characteristics of Legislation on Legal Relations of Information Dissemination

2020 ◽  
pp. 18-23
Keyword(s):  
Social Relations ◽  
Information Dissemination ◽  
Legal Regulation ◽  
Legal Scholarship ◽  
Legal Norms

Information and telecommunication technologies have radically changed all social relations. This required corresponding changes in the information legislation. System of legal norms regulating information relations has been updated and increased. However, this changes did not improve legal regulation of information relations. Scientists emphasize that imperfection of information legislation depends on inadequacy of legal norms. Legal scholarship discover different defects of legal norms: antilogy, deficiency of law, inadequacy in logic, duplications and declarativity of norms. Legislation on information dissemination is also characterized by these defects. They entailed problems of application by the courts. Scientific immaturity of legal regulation of information relations is noted. The necessity for creating special legal act, which will regulate relations on information dissemination, is justified.

New Approaches to Understanding Judicial Ethics in the Information

2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Subject Area ◽  
Social Needs ◽  
Legal Norms ◽  
Stage Of Development ◽  
Judicial Administration ◽  
Personal Approach ◽  
Personal Qualities ◽  
The Subject

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

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