scholarly journals Energy market: general theory legal regulation

2020 ◽  
pp. 116-124
Author(s):  
A. M. Shafir
Keyword(s):  
Energy Supply ◽  
Energy Resource ◽  
Legal Regulation ◽  
Energy Resources ◽  
State Agencies ◽  
Private Law ◽  
Public And Private ◽  
Economic Relations ◽  
Energy Fund ◽  
Energy Balances

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.

Cryptocurrency as Object of Regulation by Public and Private Law

2020 ◽  
Vol 9 (3) ◽  
pp. 1060
Author(s):  
Imeda TSINDELIANI ◽  
Maria EGOROVA
Keyword(s):  
Legal Status ◽  
Focal Point ◽  
Legal Regulation ◽  
Public And Private ◽  
Economic Relations ◽  
Descriptive Research ◽  
Traditional Institution ◽  
Regulatory Bodies ◽  
The Russian Federation ◽  
New Institutions

The aim of this study is to establish the legal status quo of cryptocurrencies in the Russian Federation. The hypothesis presented by this study requires a profound reference to existing and proposed legislation as well as to the statements of a number of international, supranational and national regulatory bodies. This study uses qualitative research methods, and primarily consists of descriptive research. Doctrinal and comparative law research also lie at the very heart of this paper as they enable the author to identify, analyze and synthesize a number of foreign (incl. EU), and Russian laws. As a result, the emergence of new institutions and the modernization of existing ones, based on new technological breakthroughs, undoubtedly affect the already existing institutions that are under the influence of changes. Money, which is at the heart of finance, already loses its material forms of expression and regulating properties, alternative tools emerge in the economy that are ready to act as alternatives to this traditional institution. The alternative to money and monetary mechanisms will affect the basic instrument for regulating economic relations and the financial system of the state as a whole - a monopoly on the issue of currency. The nature of cryptocurrency, its features do not make it possible to attribute it entirely either to the means of payment, or to securities, or property. In the existing international community, cryptocurrency lacks a single focal point. Only a progressive view and modern legal regulation of cryptocurrency will create conditions for the development of legal and, most importantly, safe relations in the field of cryptocurrency.

scholarly journals OBJECTIVES OF FURTHER DEVELOPMENT OF THE LEGAL REGULATION OF ENERGY RESOURCE USAGE FOR ENERGY LAW AND ORDER ENHANCEMENT

2020 ◽  
Vol 3 ◽  
pp. 11-15
Author(s):  
Viktoria V. Romanova ◽  
Keyword(s):  
Social Relations ◽  
Nuclear Power ◽  
Energy Resource ◽  
Legal Regulation ◽  
Energy Resources ◽  
Industrial Safety ◽  
Legal Regime ◽  
Legal Studies ◽  
Further Development ◽  
Energy Law

The nature of the legal regime of energy resources, requirements for their quality, metering, extraction, production, delivery, transportation, storage, pricing, customs regulation are fundamental problems of energy law. Certainty in the legal regulation of the use of energy resources as the key object of social relations within the scope of energy law has a direct impact on securing the balance of interests between energy law subjects at national and international levels. The level of the international unification of provisions on the legal regime of energy resources remains low, with the exception of unified provisions on the use of nuclear power. Due to the specific nature of energy resources, both national and international unification is performed primarily using an industry-based approach. Further development of the legal regulation of the use of energy resources, the improvement of the legal regime of energy resources, in particular, factoring in the need to apply innovative energy saving, energy efficient technologies, ensuring anti-terrorism security, and industrial safety of the energy infrastructure require legal studies in this area. Comparative legal studies of provisions on the legal regime of energy resources in other countries will be especially valuable. This article can be useful for further research into the subject matter, for education purposes.

scholarly journals Objectives of Further Development of the Legal Regulation of Energy Resource Usage for Energy Law and Order Enhancement

2020 ◽  
Vol 3 ◽  
pp. 69-72
Author(s):  
Viktoria V. Romanova ◽  
Keyword(s):  
Social Relations ◽  
Nuclear Power ◽  
Energy Resource ◽  
Legal Regulation ◽  
Energy Resources ◽  
Industrial Safety ◽  
Legal Regime ◽  
Legal Studies ◽  
Further Development ◽  
Energy Law

The nature of the legal regime of energy resources, requirements for their quality, metering, extraction, production, delivery, transportation, storage, pricing, customs regulation are fundamental problems of energy law. Certainty in the legal regulation of the use of energy resources as the key object of social relations within the scope of energy law has a direct impact on securing the balance of interests between energy law subjects at national and international levels. The level of the international unification of provisions on the legal regime of energy resources remains low, with the exception of unified provisions on the use of nuclear power. Due to the specific nature of energy resources, both national and international unification is performed primarily using an industry-based approach. Further development of the legal regulation of the use of energy resources, the improvement of the legal regime of energy resources, in particular, factoring in the need to apply innovative energy saving, energy efficient technologies, ensuring anti-terrorism security, and industrial safety of the energy infrastructure require legal studies in this area. Comparative legal studies of provisions on the legal regime of energy resources in other countries will be especially valuable. This article can be useful for further research into the subject matter, for education purposes.

Financial Law and the Financial Market (part 2)

Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 10-16
Author(s):  
Aleksandr V. Turbanov ◽  
Keyword(s):  
Financial Market ◽  
Social Relations ◽  
Legal Regulation ◽  
Private Law ◽  
Public And Private ◽  
The Subject

The article examines the question of whether social relations arising in the financial market are included in the subject of financial law. In this regard, the concepts of finance, financial market and branch of law, the ratio of public and private law, the subject of financial law and methods of legal regulation are considered. Appropriate conclusions are drawn.

scholarly journals Legal principles of social entrepreneurship. Part 1

2021 ◽  
Vol 4 ◽  
pp. 80-87
Author(s):  
ZH.V Sinkevich ◽  
Keyword(s):  
Social Services ◽  
Social Entrepreneurship ◽  
Social Protection ◽  
System Analysis ◽  
Social Institutions ◽  
Legal Regulation ◽  
Public And Private ◽  
Economic Relations ◽  
Provision Of Services ◽  
Private And Public

The article examines an important component of social and legal relations - a social service, which was previously largely regulated by the law of social security. It was revealed that the development of social institutions testifies to the penetration of economic relations into the social sphere. The paper proposes to consider the provision of social services, taking into account the organization of their provision and the peculiarities of legal ties between entities, a special category of social entrepreneurship. In order to analyze sectoral concepts on the example of the principles of law, the logical method and the method of system analysis, a conclusion was made about the combination of private and public principles within the framework of legal regulation of the provision of services and social protection of citizens in need. These positions are presented through the basic provisions of the principles of legal regulation, enshrined in public and private branches of law. The principles of constitutional, administrative, civil law are touched upon, the principle of their interaction is proposed. Conclusions are made regarding the peculiarities of the emergence of the principles of public and private law in relation to the institution of social entrepreneurship. The principles that should become basic in the formation of relations in the system of rendering social services have been identified and analyzed. It is concluded that such principles as the principle of legality, recognition of the diversity of forms of ownership, the principle of a single economic space, the principle of freedom and the principle of equal opportunities for all to engage in any kind of activity are fundamental, fundamental for social entrepreneurship. It has been substantiated that the most significant principles of social entrepreneurship, predetermined by its legal features, include the principle of balance between private and public interests, the principle of the priority of human rights and freedoms, the principle of balancing the interests of entrepreneurs and the interests of society, a citizen in need of social protection.

scholarly journals Damages for Personal Injuries – in Labour and Service Law

2019 ◽  
Vol 10 (3) ◽  
pp. 285-298
Author(s):  
Leopold Skoruša ◽  
Ondřej Horák ◽  
Radim Vičar ◽  
Tomáš Zbořil
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
Private Law ◽  
Labour Law ◽  
Public And Private ◽  
Current State ◽  
Public Area ◽  
Historical Comparative ◽  
The 1960S ◽  
Service Relationship

Abstract The contribution will be devoted to the comparison of damages for non-proprietary loss in public and private sphere. The regulation of service relationship will be analysed in public area, in private area the legal regulation of health injuries in labour law. The aim of the contribution will be a critical analysis of the current state of legal regulation and the proposal de lege ferenda (approximation with labour law). The addressed question is of a fundamental importance for the area of public finances, the functioning of the public area and the enforcement of the rule of law. The historical-comparative method will be used. Particular attention will be paid to the transfer of damages for personal injury to the heir – while in service relationship, such claims terminate (not transferred to the heir), which was taken from the 1960s legislation. They do not terminate after the death in current private law, if recognized or at least claimed in court. Originally, the regulation of damages in public and private law was comparable; however, after the modernization of the private law (2012/14), the protection of persons in service and their relatives becomes weaker, even though it has traditionally been contrary to it in most institutes. Different legal regulations in labour and service law are baseless in the case of damages. The authors propose to modernize the relevant laws, to bring them closer to the Labour Code, both in the possibility of a reasonable increase in damages and in the transfer of damages for pain and diminished social function to the heir.

UNDERSTANDING AND CORRELATION OF THE TERMS «ENERGY RESOURCES», «NATURAL RESOURCES», «MINERAL RESOURCES» AND «MINERALS» IN NATIONAL AND FOREIGN LAW

2020 ◽  
pp. 261-273
Author(s):  
Anastasia E. Vinokurova ◽  
Keyword(s):  
Natural Resources ◽  
Russian Federation ◽  
Legal Status ◽  
Energy Resource ◽  
Mineral Resources ◽  
Legal Regulation ◽  
Energy Resources ◽  
Legal Provisions ◽  
Foreign Law ◽  
The Russian Federation

The article examines the correlation between the terms «energy resources», «natural resources», «mineral resources» and «minerals» in Russian and foreign law. The importance of distinguishing the concepts of «energy resources» and «natural resources» is emphasized. Their legal regulation in fuel and energy complex has a comprehensive nature as it shall be executed in compliance with the legal provisions of environmental, energy and other related legislation. It turns out that there is no clear answer to the objective question whether certain «energy resources» can be classified as «natural resources» in the legislation of the Russian Federation. In this regard, the issue of determining the legal status of energy resources arises. To address the problem, in legal doctrine the pattern was identified. In accordance with it, it is necessary to confirm the fact of anthropogenic impact on a natural resource aiming at considering that resource as an energy resource. This means natural resources used as energy sources for economic activities by industry entities are converted into energy resources (energy carriers or certain types of energy) as a result of their implementation. It is noted that in this process, the removal of natural resources from the natural environment can be carried out or not. The article presents the norms of the Constitution of the Russian Federation and Federal Russian legislation, which apply and, in some cases, give the meaning of the terms «energy resources», «natural resources», «mineral resources» and «minerals». With a view to improving the Russian legislation, the author proposes to eliminate the existing legal uncertainty by applying such legal techniques as concretization and definition as follows: distinguish between the concepts of «natural resources» and «energy resources», adding the words «non-energy» or «energy» to the concept of «natural resources». This approach is completely new for Russian legal science, since it is borrowed from foreign law.

scholarly journals Financial Law and the Financial Market (part 1)

Financial law ◽  
2020 ◽  
Vol 10 ◽  
pp. 7-12
Author(s):  
Aleksandr V. Turbanov ◽  
Keyword(s):  
Financial Market ◽  
Social Relations ◽  
Legal Regulation ◽  
Private Law ◽  
Public And Private ◽  
The Subject

The article examines the question of whether social relations arising in the financial market are included in the subject of financial law. In this regard, the concepts of finance, financial market and branch of law, the ratio of public and private law, the subject of financial law and methods of legal regulation are considered. Appropriate conclusions are drawn.

scholarly journals Prawo administracyjne prywatne. Propozycja nowego terminu w siatce pojęciowej polskiego prawa administracyjnego

2018 ◽  
Vol 114 ◽  
pp. 149-165
Author(s):  
Witold Małecki
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Legal Framework ◽  
Legal Regulation ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Protective Measures ◽  
Public And Private ◽  
The Public

PRIVATE ADMINISTRATIVE LAW. THE PROPOSAL OF A NEWDistinction of the set of norms called ,,private administrative law” is conditioned by the recognition that the theorem on the public-law affiliation of administrative law is of typological relevance, not of classification relevance — in every branch of law also in administrative law it is possible to distinguish, in various proportions, norms of public and private law. The norms of private administrative law set the legal framework for public administration to use forms of activity that traditionally belong to private law in a way that prevents “escape to private law”, fusing private-law forms of activity and public-law protective measures. Public procurement law is presented as a model area of legal regulation within the scope of private administrative law.

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