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 ◽  

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.

2020 ◽  
Vol 3 ◽  
pp. 69-72
Author(s):  
Viktoria V. Romanova ◽  

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.


Author(s):  
Yevhen Tkachenko ◽  

As a result of this study, the family law regulation of matrimonial property relations was found to have its specific mechanism which is defined as a single system of legal ways and means providing mainly dispositive legal influence on family relations that allows significant influence of individual self-regulation and restrictions of prohibitions. At the present stage of study, this mechanism is considered as a ‘complex’ phenomenon which has several layers. Therefore, different interpretations of the mechanism for family law regulation of matrimonial property relations, derived at various levels, show not only their distinctive but also their common features. Determination of heterogeneous circumstances affecting the matrimonial property relations requires an analysis of the content and legal regulation of the relations related to property ones, since they are influenced by the mechanism for family law regulation of matrimonial property relations. Therefore, the methodology is the most essential element of this mechanism: it reveals the basic legal principles of family law regulation and directly connects legal tools with the objectively determined needs of social life by using the regulatory functions of law. The structure of the methodology of the mechanism for family law regulation of matrimonial property relations includes permits, prohibitions, instructions, incentives, obligations, sanctions and other ways to influence proper relationships. Methods of family law regulation are determined as methods of legal influence on the relevant social relations. They reflect the essence of a particular legal regime of regulation, while serving as a unifying principle which groups the system of family law and other legal phenomena within the institutions of family law. In this sense, the main methods of legal regulation are the method of subordination and the method of coordination. As a result, it is determined that each family law method reflects a special legal regime of regulation and depends on the formation of a specific set of techniques and means of regulation, among which a special place is occupied by general permits and general prohibitions.


2018 ◽  
Vol 8 (7) ◽  
pp. 2241
Author(s):  
Svetlana Stepanovna SHEVCHUK ◽  
Nazima Shafievna IBRAGIMOVA ◽  
Galina Olegovna BELANOVA ◽  
Mariya Alekseevna MALYKHINA ◽  
Svetlana Nikolaevna IVAKHNENKO

This paper is devoted to research and analysis of the issues on legal regulation of the relations arising in connection with the removal of human organs or tissues with the purpose of their subsequent transplantation to a donor. The current national legal framework and lawenforcement practice in transplantation relations are investigated. The theoretical and practical problems affecting the provision and protection of the rights and interests of parties to these relations are analyzed. The necessity of further development and improvement of legal regulation of transplantation relations is substantiated. The scientific novelty of the work is that the authors, on the basis of studying the history of the formation and development of the institution of human organ and tissue transplantation, have made attempts to identify the main trends and directions of legislative support of this sphere of social relations and to substantiate the most constructive proposals in order to improve the corresponding mechanism of legal regulation.


2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Владимир Кузнецов ◽  
Vladimir Kuznetsov

The development of the Russian Northern territories is not only a domestic problem of this country, but also a global one. The Polar region, which is also called the Arctic area, attracts many and requires concentration of all forces on the solution of the problem of its development in the economic, social, military and strategic dimensions. In proportion to these circumstances, the role of legal aspects in the developing and emerging social relations also increases. Legal regulation for these parts of the Russian Northern territories and adjacent waters of the Arctic Ocean, constituting the Arctic zone of the Russian Federation, requires certain uniformity. This can be achieved by improving public administration over the Arctic zone of the Russian Federation, legislative recognition of its special status and the establishment of special regimes for natural resources, environmental protection, regulation of navigation along the seaways of the Northern sea route. It involves the formation of a special management procedure, i.e. the formation of a special administrative-legal regime. This is a complex task that requires scientific understanding of the problems that have a significant impact on the formation of the administrative legal regime in the Arctic zone of the Russian Federation.


Author(s):  
Satenik Vrezhovna Shakhbazyan

The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.


Author(s):  
A. M. Shafir

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.


2021 ◽  
Vol 17 (2) ◽  
pp. 29-34
Author(s):  
A. A. Sultanova

The article deals with the actual problem of the legal status of citizens who independently pay the tax on professional income. Due to the fact that this legal regime is new for the legal system of the Russian Federation, many issues require careful theoretical understanding and scientific discussion. In addition, the legal regulation of the legal regime, called “self-employed citizens”, also requires further development and discussion. The author concludes that it is necessary to demarcate the term “self-employed citizens” in a broad and narrow sense and the need for a clear distinction of this term within the framework of regulatory regulation.


Author(s):  
Anastasia E. Vinokurova ◽  

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.


2020 ◽  
Vol 15 (1) ◽  
pp. 81-91 ◽  
Author(s):  
M. A. Yegorova ◽  
O. V. Kozhevina

The article gives a brief analysis of the place of a cryptocurrency in the system of objects of civil law rights. According to the results of the study, the authors conclude that it is incorrect to equate legal regimes of the cryptocurrency with the legal regime of virtual objects. The authors consider it promising to regulate legal features of the distributed ledger and register objects of civil law rights in the distributed ledger. A cryptocurrency is a means of payment that has no independent value. Thus, the mechanism of performance of obligations needs special elaboration.It is also noted that in the legal regulation of any social relations an essential role is assigned to the mechanisms and guarantees of restoration of violated rights and legitimate interests. To this end, the cryptocurrency regulation is inextricably linked with the institution of civil liability. The cryptocurrency combines the features of many civil law rights, but does not fully correspond to any of them. The assignment of the cryptocurrency to other property is possible within the framework of the current legislation without creating new objects of civil law rights, which can lead to conflicts and disputes concerning their legal regime.


Author(s):  
Takehiko Nakamura ◽  
Tetsuya Yamamoto ◽  
Iwao Oshima ◽  
Kiyoshi Takasaka ◽  
Yukio Hirano ◽  
...  

A set of new regulatory rules on nuclear power plants have been implemented in Japan effective October 1, 2003, in order to conduct the Inservice Inspection (ISI) effectively and to examine fitness-for-service properly. The new regulation utilizes the Japan Society of Mechanical Engineer (JSME) Codes on fitness-for-service for nuclear power plants. The rules are applied for the ISIs and for evaluation of structural integrity of the class 1 components and the core shrouds with flaws. Additional components will be subjected to the structural integrity examination, in accordance with the further development of the codes and with establishment of the performance demonstration system for non-destructive testing. Endorsement of other codes and standards are foreseen after technical review by the Nuclear and Industrial Safety Agency (NISA) of Japan. This new regulatory process, which utilizes the consensus codes and standards established by academic/public societies, would allow the NISA to accommodate recent technical progress in a more timely manner.


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