Energetic Sector of Economy The Russian Law Model

2019 ◽  
pp. 116-122
Author(s):  
Natalya I. Besedkina ◽  
Irina I. Romashkova ◽  
Tatyana A. Tantsura
Keyword(s):  
Public Relations ◽  
Scientific Research ◽  
The State ◽  
Market Mechanism ◽  
Energy Market ◽  
Energy Complex ◽  
Legal Control ◽  
Russian Law ◽  
Business Entities ◽  
Energy Law

The authors of the article consider the formation of the economy energetic sector with regard to the system of law provisions, governing the state activity in relation to the formation and development of market mechanism in the fuel and energy complex (FEC), and also the activity of business entities in the energy market and its infrastructure. They analyze the set of law provisions, forming the existing energy legislation in Russia, and some practical matters regarding statutory requirements for applying effective and safe lighting equipment. The article draws the conclusion about the necessity of the energy law stabilization and the provision of legal control in the developing sphere of public relations in the area of energy. Authors point out the need of improving legislation in the area of producing energy effective lighting equipment, with the purpose of stimulating the development of scientific research and legal support for manufacturing new goods, which are necessary for customers.

scholarly journals CONSTITUTIONALIZATION OF THE PRINCIPLES OF LAW AND THEIR IMPORTANCE FOR LEGAL BEHAVIOR

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 21-27
Author(s):  
E.V. Titova ◽  
◽  
A.G. Kuzmin ◽  
Keyword(s):  
Public Relations ◽  
Human Dignity ◽  
Essential Feature ◽  
State Power ◽  
The State ◽  
Legal Principles ◽  
Constitutional Order ◽  
Normative Significance ◽  
Russian Law ◽  
The Law

The article analyzes the objective and natural character of the origin of legal principles; the process of constitutionalization of the principles of Russian law and their implementation into the legitimate behavior of the participants of public relations. The authors substantiate that the content of constitutional principles is represented by three main elements: requirement, ideal, and knowledge. The most essential feature of constitutional principles is their ability for the legal expression of the most socially and politically significant values and ideals (legality, justice, humanism, freedom, equality, respect, trust) for an individual, society, and state. Regulatory features and normative significance of the principles of law are obtained as a result of constitutional formalization, and their embodiment insignificant rules of conduct of the state and the citizen contribute to the establishment of constitutional order. Special attention is paid to the content of some constitutional principles: the principle of respect and protection of human dignity; the principle of maintaining citizens’ trust in the law and the state; the principle of respect for the state power

scholarly journals HISTORICAL AND LEGAL CHARACTERISTICS OF THE DEVELOPMENT OF LEGISLATION ON SELF-REGULATORY ORGANIZATIONS

2020 ◽  
pp. 7-15
Author(s):  
L.M. Parente
Keyword(s):  
Public Relations ◽  
Self Regulation ◽  
State Level ◽  
State Regulation ◽  
The State ◽  
Professional Activity ◽  
Public Authorities ◽  
Business Entities ◽  
The Right ◽  
Delegation Of Powers

The article examines the historical and legal preconditions for the formation of self-regulation in Ukraine and other countries. On the basis of the conducted research, the peculiarities of the development of self-regulation in the territory of Ukraine in different historical periods are determined. The preconditions for the formation of the institution of self-regulation in the field of management and professional activity are described. It is determined that self-regulation has been inherent in society since the beginning of the primary forms of the common cause. The primary forms of SROs developed rules of professional activity, performed the functions of control and supervision due to the vacuum of state regulation in such areas. The peculiarity of such organizations was certain legalization by the state. Such SROs regulated their own activities at the level of development and adoption of local acts. A feature of national self-regulation was the transition from voluntary to compulsory regulation. to distinguish three periods of development of legislative support in the field of self-regulation. Declarative (from 1991 to 1996): this period is characterized by the formal consolidation at the legislative level of the right of participants in public relations to create an SRO. However, the status of SROs was practically not regulated at the legislative level. At the state level, there was no strategy for the development of self-regulation in the field of management and professional activities. Institutional (from 1996 to 2016): during this period the system of delegation of powers from public authorities of the SRO, the system of legalization of the SRO is introduced. However, the rules on SROs are still chaotic, there is no clear mechanism for control and supervision of SRO activities by public authorities, the concept of participation in SROs as business entities and persons of certain professions is not defined. In a number of areas, despite the consolidation of the right to create SROs at the level of laws, SROs have not worked. Reformation (from 2016 to the present): characterized by the development at the legislative level of the Concept of reforming the institution of self-regulation, which outlines the problematic issues of the institution of self-regulation in Ukraine, identifies areas for improvement. Keywords: self-regulation, a self-regulatory organization, the sphere of management, professional activity, a delegation of powers.

scholarly journals Legal interpretation function in the system of functions of the notary of Ukraine: theoretical and legal aspect

2021 ◽  
pp. 277-281
Author(s):  
А. А. Marzhyna
Keyword(s):  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Aspect ◽  
Scientific Research ◽  
Legal Aspects ◽  
The State ◽  
The European Union ◽  
Range Of Functions ◽  
Functional Purpose

The relevance of scientific knowledge of theoretical and legal aspects of the interpretive function of the notary in Ukraine is revealed in the work. Since the functions of the notary in general perform a general social role, due to their extension to public relations, it should be said that they are complex, implemented in various spheres of public relations, using various forms and methods, trying to perform tasks assigned by law at the notary. This indicates the possibility of distinguishing the types of functions of the notary, which in the doctrinal plan will allow to present the functions of the notary in the form of a clear system, and in practical terms - to establish the state of implementation of the functions of the notary. It is noted that today in the context of intensification of economic development of the state there is a strengthening of the role of the notary of Ukraine, so the problem of its reform, including in the context of improving the quality of notary functions, becomes especially relevant and needs scientific rethinking. First of all, this is due to the current European integration changes in the socio-political and legal life of Ukraine, which requires adaptation and harmonization of the functioning of the notary of Ukraine to the standards of the European Union. Noting the high level of relevance of scientific research of theoretical and legal aspects of the functional purpose of the notary in Ukraine, emphasizing the exceptional importance for the further development of the domestic notary system, the author analyzed the views of scholars on understanding the functional purpose of the notary and established their place and meaning . It is concluded that from the scientific point of view the classification of the functions of the notary: first, it is an issue that is poorly studied, the existing approaches to the classification of notary functions are quite scattered and sometimes controversial, which does not allow to establish a single comprehensive approach to characterizing the types of notary functions; secondly, the doctrinal uncertainty of the types of functions of the notary and their characteristics complicates the scientific research of the functions of the notary; interdisciplinary nature of scientific knowledge of the functions of the notary and their types; the presence of different types of notaries, due to its respective functional purpose and the range of functions performed by it; instability of the notary’s functioning, which is due to the intensification of itscurrent development, improvement and the tendency to expand the range of functions; ambiguity of doctrinal approaches to the combination and balancing of private-public elements in the activities of the notary system, etc. In accordance with the criterion of the purpose of the notary’s function, together with other functions of the notary, the legal-interpretive function of the notary is singled out, the purpose of which is to clarify the content and meaning of the legal norm concerning notarial activity and provide relevant explanations to legal entities. For example, clarification of the rights and obligations of the parties to the contract of sale of real estate, certified by a notary. Keywords: notary, notarial activity, functional purpose of notary, legal interpretive function of notary.

scholarly journals INSURANCE FUNCTIONS AS AN OBJECT OF FINANCIAL AND LEGAL REGULATION

2021 ◽  
Vol 13 (3) ◽  
pp. 163-168
Author(s):  
Viktoriia Bondarenko ◽  
◽  
Nataliia Pustova
Keyword(s):  
Public Relations ◽  
System Analysis ◽  
Financial System ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Necessary Condition ◽  
Legal Norms ◽  
Insurance Business ◽  
Business Entities

The functions of insurance as an object of financial and legal regulation are considered. Based on the methodology of the system analysis, an analysis of the current legislation in the field of insurance concerning definition of the insurance concept is carried out. It is noted that today a new sub-branch such as financial and legal regulation of insurance business has appeared in the system of financial law as a branch of law. It combines legal norms that regulate (mainly by the method of authoritative provisions) public relations on the formation, distribution and use of insurance funds, exercise of control and supervisory measures. It also includes legal norms regulating involvement of insurance business entities and other participants in public relations in the field of insurance to financial and legal responsibility in order to protect the rights and legitimate interests of insured persons in insured accidents. Insurance functions occupy a special place in the financial legislation. The distributive, preventive, restorative, saving, risk, control, investment functions of insurance are examined. The factors influencing the investment function of insurance are determined; the role of the National Bank of Ukraine in the implementation of this function is demonstrated. It is stated that the function of forming a specialized insurance money fund to maintain the security and stability of the state financial system is one of the specific functions of insurance. Insurance is an integral part of the financial system of the state, which provides the regular functioning of social development; it is an integral function of the state, a necessary condition for the development and stability. Ukraine’s course towards European integration determines the factors of economic and legal transformations in the country, including the further development of insurance activities.

scholarly journals Environmental Self-Regulation of Business Entities in Russia: The Statement of the Problem

2020 ◽  
pp. 233-238
Author(s):  
Maria P. Imekova ◽  
Keyword(s):  
Public Relations ◽  
Environmental Control ◽  
Negative Impact ◽  
Self Regulation ◽  
Economic Incentive ◽  
State Regulation ◽  
The State ◽  
Domestic Legislation ◽  
Business Entities ◽  
State Programs

It is well known that state environmental regulation does not keep pace with the development of public relations. One of the obvious consequences of this is that the regulator, guided in its activities by outdated regulation, also lags behind. For this reason, it is especially important to include business entities that have a negative impact on the environment in the regulatory process. This will create conditions for the introduction of rules that take into account not only the requirements of the law, but also the industryspecific activities of such entities. In Russia, due to the reform of state regulation in the field of the environment, environmental selfregulation is not given due attention. At the same time, the need to stimulate its development and further improvement is recognized. Within the framework of the article, the conditions and prospects for the development of environmental self-regulation of Russian business entities are determined. The study employed both general (dialectical method, deduction and induction) and specific (formal legal, comparative legal, and legal forecasting methods) scientific research methods. The study shows that conditions have been created in Russia for the development of self-regulatory organizations with mandatory membership. As a rule, environmental protection in such organizations is not the main purpose of their activities. As for voluntary self-regulation, there are no conditions in domestic legislation aimed at stimulating its development. Active support from the state is required in this field. First of all, it is the development of state programs, which include legal, economic, organizational, and informational measures that contribute to the creation of conditions for the development of environmental self-regulation. These should primarily be economic incentive measures, such as: development of a modern mechanism for the formation of the state order for the development of environmentally-oriented production processes and environmentally-oriented products; formation and implementation of short- and medium-term state support for domestic producers, etc. In addition, public environmental control, environmental education, and the promotion of environmental culture should also become tools for stimulating the development of environmental self-regulation in Russia. Thus, only when the state creates conditions for the development of environmental self-regulation can it be successfully formed in our country.

scholarly journals MONITORING THE STATE ANTI-CRISIS MANAGEMENT OF ECONOMIC SECURITY OF THE UKRAINE BANKING INSTITUTIONS

2020 ◽  
Vol 21 (2) ◽  
pp. 804-812
Author(s):  
Iryna Mihus ◽  
Yana Koval ◽  
Serhiy Laptev ◽  
Olha Bala ◽  
Marta Kopytko
Keyword(s):  
Crisis Management ◽  
Financial Stability ◽  
Economic Security ◽  
State Regulation ◽  
The State ◽  
Market Mechanism ◽  
Main Element ◽  
System Control ◽  
Banking Institutions ◽  
Business Entities

The study and synthesis of research showed that the most often anti-crisis management is considered, firstly, as a complex of preventive measures that is comprehensive and aimed at preventing and eliminating unfavorable phenomenon for business using existing resources and survival potential, and secondly, as implementation of special procedures for the withdrawal of economic agents from the crisis, in particular such as sanitation, restructuring, bankruptcy, liquidation. The main element of system control at the macro level is the state regulation of the economy, one of the most important tasks of which is the elimination of failures of functioning of the market mechanism at the micro level, that is, the creation of conditions for overcoming the crisis phenomenon in the activities of business entities. This task is solved by developing and implementing measures of state anti-crisis regulation. The main purpose of the article is to carry out diagnostics and monitoring in the system of state crisis management of economic security of banking institutions of Ukraine. In addition, the purpose of the article is also to study and systematize the technology of state anti-crisis regulation of banking institutions of Ukraine. The article highlights the criteria for assessing the system of anti-crisis management of financial stability of banking institutions at macro and micro levels. The diagnostics in the anti-crisis regulation of banking institutions of Ukraine is carried out. The main components of the monitoring in the system of state anti-crisis management in the banking institutions of Ukraine are noted. The levers of state anti-crisis regulation in the banking institutions of Ukraine are described. The measures and technologies of state anti-crisis management at the level of banking institutions of Ukraine are proposed. The results of the study can be used by banking institutions of Ukraine, the National Bank of Ukraine, financial institutions, etc.

scholarly journals Industry preferences for foreign patenting of Russian innovation enterprises

2021 ◽  
Vol 189 (5-6(1)) ◽  
pp. 35-45
Author(s):  
Vladimir Kitaisky ◽  
◽  
Grigory Revinsky ◽  
Oleg Revinsky ◽  
Vera Shvedova ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Industrial Development ◽  
Research Work ◽  
Scientific Research ◽  
Patent Law ◽  
The State ◽  
Practical Implementation ◽  
The World ◽  
Business Entities

Our paper is devoted to the science-research work carried out in the Russian State Academy of Intellectual Property (RSAIP) for revealing the role of foreign patenting for development of export of high-technology goods made by Russian manufacturers, first of all by small and medium-sized innovation enterprises. The results of study the patent documents indicating preferences of Russian innovation enterprises in foreign patenting of their new developments are presented in this paper. Preliminary conclusions on preferences in choice of countries for patenting and fields where innovations are made have been given. It is well known that the development of a competitive economy depends on the innovative activity of enterprises in the market. Understanding of terminology of innovation and invention opens up their economic and legal essence. A special and basic characteristic of innovation is creativity. In the Japanese business and management system, creativity is a production slogan and an inspiring idea, since creativity generates a person’s desire to improve in work through intelligence. A product that is new on a global level is recognized as an invention and is regulated by patent law. The state of the art for the invention includes all information that became publicly available in the world before the date of applying with the State Department of intellectual property. The aim of our study is to analyze the economic aspect of patenting made by the innovative companies in the world with attention to Russia, taking into account the role of innovation infrastructure. Modern concepts of innovative development of economic systems at various levels (state, region, industry, business entity) increasingly focus on the need for new forms of integration of scientific, industrial, commercial, and other resources to increase competitiveness. Domestic and foreign researchers, government, and business representatives pay attention to clusters as a promising form of integration and practical implementation of the idea of Public-Private Partnership for Innovative Industrial Development. The cluster approach allows combining the advantages of specialization, integration, and cooperation in increasing the competitiveness of business entities in a higher-level organizational and economic system (regional, industry cluster) by consolidating production, financial, intellectual, and managerial resources. Clustering of the innovation system in industry allows transition from supporting individual production enterprises or organizations that carry out scientific research to stimulating the development of relationships between them and other subjects of commercialization of scientific research.

Ground of mechanism of pay in a budget for the pipelinetransporting of hydrocarbon commodities

2019 ◽  
pp. 141-152
Author(s):  
Adam Bodіuk
Keyword(s):  
The State ◽  
Practical Significance ◽  
State Budget ◽  
Economic Interests ◽  
State Recognition ◽  
Main Pipelines ◽  
Business Entities ◽  
Combination Of Methods ◽  
Definition Of ◽  
Hydrocarbon Transport

The subject of the study is the mechanism for determining the fiscal fee forthe main transportation of hydrocarbon goods as a resource concept. The purposeof this article is to justify the nature and prospects of using, instead of currentrent, hydrocarbon fiscal-main income as a fiscal payment, which is brought intothe state budget by operators of the main hydrocarbon-transport system as business entities for their transportation of hydrocarbons and products of their processing through main pipelines appropriate to the economic requirements. Theresearch methodology is determined by a combination of methods: a) cognition:legal analysis (study of the regulatory framework for the use of rent); b) justification: abstract logical analysis (definition of the concepts of hydrocarbon fiscalmain income); c) generalization (substantiation of conclusions and proposals).Results of work. In the process of analyzing the regulatory legal acts that regulate the use of current annuity as payment to the budget for the main transportation of hydrocarbons, it was established that it is not a tax in the interpretationof PKU, since the essence does not meet the official definition of tax, does notmeet the accepted definition of the concept of rent. The accepted nature andmechanism of paying rent for the transportation of hydrogen resources and associated revenues of the state and users of the main hydrogen transport systemand the unpromising nature of its use as a fiscal payment are analyzed. Conclusions.It is proposed that the state pay for the territorial pumping of hydrocarbon resources according to our triple principle as hydrocarbon fiscal-main income, whichcorresponds to its essence, and accordingly change the mechanism for calculatingand depositing funds to treasury accounts. Since the funds come to the revenueside of the state budget, that is, inherently belong to state revenue. The creationof such a mechanism needs certain studies, justifications and government decisions. The same applies to land use, since the quality indicators of soils, wherethe laid pipelines are territorially different. In addition, there is a process ofchanging land for its intended purpose, for the property. The fee for movinghydrocarbon resources should be calculated depending on the type of transport,including pipelines, for a set of indicators: quantity and quality of goods, time,main tariffs and distance of its movement. The amount may be adjusted usingfactors officially established by the CMU. Since the pipelines are located in territorial lands, part of this fee should be transferred to the territorial local budgets.Theoretically, the economic use of trunk pipelines should be considered as a typeof economic environmental management. Therefore, this type of government revenue should be determined by a set of indicators, as well as taking into account the economic interests of business entities authorized by the CMU. Thus, theimplementation of our proposed fiscal payment is relevant, has scientific noveltyand promising practical significance, therefore, for state recognition it is proposedto include it in the Tax Code of Ukraine.

Improvement of the System of Statistical Indicators of the State and Development of the Fuel and Energy Complex of the Russian Federation

2019 ◽  
Vol 26 (12) ◽  
pp. 27-38
Author(s):  
M. R. Еfimova ◽  
N. A. Korolkova
Keyword(s):  
Oil Production ◽  
The State ◽  
Production Costs ◽  
Energy Resources ◽  
Oil Refining ◽  
Steady Increase ◽  
Development Trends ◽  
Energy Complex ◽  
Statistical Indicators

The article proposes an improved system of statistical indicators for assessing the state and development of the fuel and energy complex of Russia, which defines a methodological approach to identifying factors and trends in its development. The introduction highlights the relevance of modernization of information and methodological support for reaching decisions on new tasks, including those related to the digitalization of the economy and implementation of the national projects’ portfolio. The body of the article critically examines the current configuration of official and departmental statistical information, based on which the authors selected 85 key indicators reflecting the state and development level of the fuel and energy complex of Russia. All of them can be delineated by sectors and analysis tasks. This evaluation system includes 7 blocks: general block characterizing the role of the fuel and energy complex in the economic system; key industry performance indicators; indicators of the production structure by industry; technological indicators of industries; prices for fuel and energy resources; production costs by industry; distribution indicators of fuel and energy resources. The paper analyses development trends in the fuel and energy sectors for 2008-2018. In particular, the authors’ research showed that modern oil production is characterized by a change in the territorial structure, as well as the reinstatement of the role of vertically integrated companies in the development of oil production. The article presents findings on the technological upgrading of Russian oil refining. However, the authors’ research proved that oil refining depth has ceased to be a reliable indicator of the level of technological equipment and modernization level of oil refineries. With regard to the development of the gas industry, there has been a steady increase in gas production, which is supported by maintaining a steady increase in demand for Russian gas in the domestic and foreign markets. The all-time high domestic consumer demand for gas fuel, associated with the Russian Regions Gasification Program implemented by the Ministry of Energy of Russia, was recorded. At the same time, the authors identified the main risk factors in the development of the industry related to Gazprom (a backbone of the energy sector) activities. The persistent positive growth dynamics in commodity production of associated petroleum gas was established. It was also noted that the highest percentage of its beneficial use is characteristic of operators of production sharing agreements. As for the results of the analysis of the coal industry, a matter of interest is the growth of domestic prices for coal products and related derivative trends. Particular attention is paid to the development of the possibilities of using over-the-counter coal price indicators. Replacement of coal with natural gas at a thermal power station in most regions of the country is of interest within the identified development trends of the electric power industry in Russia, which is explained by the environmental friendliness of electricity generation.

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