scholarly journals Provisional Application of Energy Treaties by the Russian Federation

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 80-92
Author(s):  
O. V. Glikman
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Economic Consequences ◽  
Special Role ◽  
Provisional Application ◽  
Energy Charter Treaty ◽  
The Status ◽  
The Russian Federation ◽  
Bilateral Treaties

International agreements are of particular importance in interstate energy cooperation. The application by the Russian Federation of the mechanism of temporary application of treaties in the field of energy requires a comprehensive analysis, taking into account the problems that have arisen in connection with the provisional application of the Energy Charter Treaty and subsequent amendments to Article 79 of the Constitution of the Russian Federation. The general and sectoral approaches to the provisional application of treaties that exist in Russian practice need to be improved.The paper analyzes and compares the norms of international law and Russian legislation regulating the provisionary application of treaties, the works of Russian scientists, which highlight the general problems of the provisional application of treaties by the Russian Federation, as well as the final provisions of treaties of the Russian Federation in the field of energy.The author identifies common gaps in the norms of Russian legislation regulating the provisional application of treaties, trends and problems of the provisional application of multilateral and bilateral treaties by the Russian Federation in various energy sectors.The author concludes that the new approach should be based on a restrictive approach to the use of the institute of provisional application of treaties regarding terms and types of treaties. The treaties to which a special restrictive approach should be applied are to include those that have significant financial and economic consequences, provide for expenditures or lost revenues of the budget of the Russian Federation, regulate taxes, duties, and the provision of state credit; agreements on the borders, delimitation of maritime spaces, the status or regime of individual territories; and agreements that provide for the mandatory jurisdiction of judicial and arbitration bodies.The continuous improvement of international legal regulation in the field of energy should be a separate state task, since, despite numerous skeptical assessments, international law plays a special role and will be of great importance in the regulation of international relations, including in the field of energy.

scholarly journals Legal substantiation of retaliatory measures of the Russian Federation to economic sanctions of the United States, European Union, and their allies

2020 ◽  
pp. 24-37
Author(s):  
Larisa Yur'evna Dobrynina ◽  
Anna Viktorovna Gubareva
Keyword(s):  
United States ◽  
European Union ◽  
International Law ◽  
Russian Federation ◽  
Economic Activity ◽  
Economic Sanctions ◽  
The United States ◽  
Legal Regulation ◽  
Private International Law ◽  
The Russian Federation

The authors examine the economic sanctions introduced nu the U.S., EU and their allies against the Russian Federation, as well as the legal mechanism of retaliatory measures taken by Russia on the nationwide scale. The changes in the international legal regulation derailed the vector of global development, which was bringing real freedom of economic activity. Establishment of the sanction regime by the aforementioned parties signifies a struggle for own influence, weakening of the positive trade and economic ties, as well as an attempt to institute a regime of protectionism within the international trade turnover exclusively for their own benefit. Based on the analysis of the normative-legal documents, an assessment is made on the legal legitimacy of the introduced discriminatory measures of the allies from the perspective of the norms of international law. This article presents the analysis of the positions of federal laws and other legislative bills of the Russian Federation, establishing gradual constraining countermeasures for foreign subjects in various spheres of activity. The authors substantiate the fact that introduction of retaliatory economic sanctions by the Russian Federation with regards to the United States, European Union, and their allies is directly related to the implementation of the principle of reciprocity, currently existing within private international law. It is noted that all these actions on protection from illegitimate sanctions are realized by Russia practically without participation of UN, WTO and other reputable international organizations in regulation of the “sanctions” issue. The extraterritorial measures introduced by the United States and the European Union justifies the movement of Russian into a new stage of evolution of legal regulation of the foreign economic activity, and in foreign trade – establishment of new markets in Asia, Africa and Latin America.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

Constitutional control in the subjects of the Russian Federation: how it can be after the abolition of constitutional (statutory) courts

2021 ◽  
pp. 65
Author(s):  
Vladimir A. Kryazhkov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Reform ◽  
Legal Institution ◽  
The Status ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Creation ◽  
Statutory Control

The article is devoted to the problems of constitutional control in the subjects of the Russian Federation. The article examines its origins related to the formation and functioning of constitutional (statutory) courts at this level, reveals the reasons that did not allow the constitutional justice of the subjects of the Russian Federation to become a full-fledged state legal institution for 30 years. It is shown how, as a result of the constitutional reform, these courts were abolished, and a recommendation of the federal legislator appeared on the creation of constitutional (statutory) councils under the legislative (representative) state authorities of the subjects of the Russian Federation instead of them. The article analyzes the legal regulation of the organization and activities of such bodies in domestic and foreign practice. Taking this into account and based on the existing constitutional and legal possibilities, proposals are formulated on the status of these councils (their nature, the procedure for their formation and work, powers and decisions), which allows them to be an effective body of constitutional (statutory) control in the subjects of the Russian Federation.

Legal Regulation of Adjudication in Civil Code of the Russian Federation (Issues of Conflict Rules)

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Татьяна Лазарева ◽  
Tatyana Lazaryeva
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Private International Law ◽  
Conflict Of Laws ◽  
The Russian Federation ◽  
The Law ◽  
Contractual Obligations ◽  
Rome I

The article deals with conflict of laws regulation of transfer of creditor’s rights to another person (assignment of claims (cessions) and transfer of rights under the law) in terms of amendments to Part III of the Civil Code of the Russian Federation. The author notes that though amendments to the separate article on cession are not fundamental, the amendments of other articles of the Civil Code of the Russian Federation, concerning contractual obligations, do influence regulation of relations between the parties in assignment. The article pays special attention to the new conflict of law rule regulating the transfer of the creditor’s rights under the law. Relevant court practice is analyzed. On the basis of comparing legislations of specific countries, as well as norms of EC No. 593/2008 (‘‘Rome I’’) Regulation and EC No. 864/2007 (‘‘Rome II’’) Regulation the author draws the conclusion that despite some differences in conflict of laws regulation of the transfer of the creditor’s rights, in general the Russian rules comply with modern trends in private international law in the majority of European countries.

Territories with special status within Federal States (constitutional and legal research)

2019 ◽  
Author(s):  
Игорь Ирхин ◽  
Igor Irkhin
Keyword(s):  
United States ◽  
Russian Federation ◽  
Legal Status ◽  
The United States ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Research ◽  
Federal States ◽  
The Status ◽  
The Russian Federation

This monograph comprehensively examines the constitutional and legal status of territories with a special status within the Federal States in the context of the Institute of territorial autonomy. The study is based on the experience of constitutional and legal regulation of the status of Autonomous districts in the "composite subjects" of the Russian Federation, administrative-territorial units with a special status in the constituent entities of the Russian Federation, Autonomous districts in India, Nunavut territory in Canada, unincorporated territories of the United States This monograph is one of the first works in the domestic jurisprudence, in which the study was conducted from the perspective of territorial autonomy. The publication is intended for researchers, postgraduates and students, all readers interested in constitutional (public) law, theory of state and law.

scholarly journals Constitutional status of persons who are not citizens of the Russian Federation

2021 ◽  
Vol 21 (1) ◽  
pp. 100-105
Author(s):  
Andrei D. Bezuglov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Social Rights ◽  
International Treaties ◽  
Economic Rights ◽  
Constitutional Level ◽  
The Status ◽  
The Russian Federation ◽  
Stateless Person

Introduction. The constitutional and legal status of persons who are not citizens of Russia is directly related to their political, social, personal and economic rights and freedoms. This raises the problem of correctly determining the status of persons who do not have Russian citizenship due to the fact that the legislation contains many provisions covering the totality of legal relations related to the status of a foreign citizen and a stateless person, where the personal and social rights of a person do not depend on his / her citizenship of another state. Theoretical analysis. The article examines the content of the constitutional status of non-citizens on the territory of Russia. It follows from the content of the first chapter of the Constitution of the Russian Federation that the concept of personality includes any person who is both a citizen and a foreign citizen, or a stateless person, therefore, the rights and obligations established in relation to a person apply to non-citizens. Empirical analysis. The analysis of many rights guaranteed by the Constitution of the Russian Federation revealed that they are not related to citizenship and apply to all people, therefore, non-citizens should have the ability, enshrined at the constitutional level, to protect their rights in case of their violation by contacting state bodies and local self-government bodies. Results. Non-citizens enjoy the rights and bear obligations on the equal basis with the citizens of the Russian Federation, taking into account the peculiarities and restrictions established by federal laws and international treaties. There is a promising opportunity to improve Russian legislation by identifying an independent term of “non-citizens”, which will unite foreign citizens and stateless persons in order to implement comprehensive legal regulation for this category of persons.

scholarly journals Some aspects of the constitutional and legal status of the institution of the commissioner for the protection of the rights of entrepreneurs in Russia

2021 ◽  
pp. 230-235
Author(s):  
V. A. Fadeeva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Business Community ◽  
Annual Reports ◽  
The Status ◽  
The Russian Federation

The Institute of the Business Ombudsman in Russia has been functioning in the Russian Federation for more than eight years. His work is positively evaluated by the business community. The article outlines some issues of legal regulation of the status of the Business Ombudsman in Russia. The analysis of the indicators of the annual reports of the federal business Ombudsman allows us to draw a conclusion about the effectiveness and relevance of the institute under study. The author comes to the conclusion that it is necessary to further improve the legal regulation of the status of the federal business ombudsman.

scholarly journals The role of international bodies and organizations in the development of legal framework for application of video conferencing in criminal proceedings of the Russian Federation

2021 ◽  
pp. 31-41
Author(s):  
Mariia Aleksandrovna Iurkevich
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Video Conferencing ◽  
Criminal Procedure ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Agreements ◽  
Criminal Proceedings ◽  
Short Period ◽  
The Russian Federation

Legal regulation of the use of video technologies in the Russian criminal procedure is conducted on the international and domestic levels. However, based on the primacy of international law recognized by the Russian Federation, the marker is the position of international community that is reflected in the normative legal acts of its special bodies, as well as on the doctrinal level. This article carries out the chronological analysis of the acts issued by international bodies and organizations pertaining to the use video conferencing in criminal proceedings. The subject of this research is the acts of international bodies and organizations that underlie the development of the national legal framework for the use of video conferencing in the Russian Federation. The analysis of normative acts that regulate the use of video conferencing in the Russian criminal procedure demonstrate that for the most part this question is being addressed in the international agreements ratified by the Russian Federation, rather than in the national legislation (considering the provisions of the Part 3 of the Article 1 of the Criminal Procedure Code of the Russian Federation). Leaning on the acquired results, the author concludes that such tendency can be explained by a number of circumstances, namely lag in the rates of digitalization compared to the leading European practices, insignificant period of approbation of the results of using video technologies, as well as relatively short period of intensive implementation of such technologies due to the amendments in criminal procedure policy of the country, which now requires exhaustive normative regulation. The author believes that it is more appropriate to begin the analysis of normative acts that determine the legal framework for application of video conferencing in criminal proceedings of the Russian Federation with the general principles and norms of international law and international agreements, since their role in intensification of the process of digital transformation of criminal procedure in Russia cannot be overestimated.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals Russian legislation on public control

2021 ◽  
Vol 7 (1) ◽  
pp. 374-382
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
Evgeny Sergeevich Streltsov ◽  
Aleksandra Alekseevna Milkova ◽  
...  
Keyword(s):  
Civil Society ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Control ◽  
The Russian Federation ◽  
Legal Mechanism

This article is devoted to constitutional legal analysis of international legal bases of the legislation of the Russian Federation on public control. The work substantiates the position that to understand the constitutional legal mechanism of public control in Russia it is necessary to study the international legal framework of control of civil society over public authority in connection with the implementation of generally recognized principles and norms of international law in the legal system of the Russian Federation as a priority the rules of the legal regulation under Part 4 of Article 15 of the Constitution.

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