Hulley Enterprises Ltd. (Cyprus) v. Russian Federation, Yukos Universal Ltd. (Isle of Man) v. Russian Federation, Veteran Petroleum Ltd. (Cyprus) v. Russian Federation

2015 ◽  
Vol 109 (2) ◽  
pp. 387-393
Author(s):  
Chiara Giorgetti
Keyword(s):  
Russian Federation ◽  
Arbitral Tribunal ◽  
Russian Government ◽  
Isle Of Man ◽  
Arbitral Award ◽  
Energy Charter Treaty ◽  
Illegal Acts ◽  
The Russian Federation ◽  
Legal Costs

On July 18, 2014, the Arbitral Tribunal (Tribunal) constituted in accordance with Article 26 of the Energy Charter Treaty (ECT) and the 1976 UNCITRAL Arbitration Rules under the auspices of the Permanent Court of Arbitration issued its long-awaited final awards in the famous arbitral proceeding related to the demise of oil giant Yukos. The Tribunal held unanimously that a coordinated set of actions by the Russian government (including arrests, tax reassessments, fines, and the forced sale of Yukos) amounted to an indirect expropriation of Yukosin breach of Russia’s obligations under the ECT, and that Russia was liable to pay prompt, adequate, and effective compensation for that breach. The Tribunal concluded that Yukos’s claims were not barred by the company’s own illegal acts or because of the “carve-out” for taxation measures under Article 21 of the ECT. Instead, the Tribunal concluded that the claimants had contributed to the prejudice they suffered and it therefore reduced the awards and reimbursement for legal costs by 25 percent. Even accounting for this reduction, the composite final award is still, by far, the largest known arbitral award ever rendered. The Tribunal ordered the Russian Federation to pay damages totaling US$50,020,867,798, in addition to arbitral and legal costs. Post-award interest is due on any outstanding amounts of damages and costs not paid starting from January 15, 2015, and is to be compounded annually thereafter.

On the Problems of Acts Qualification as Violations of Antimonopoly Legislation in Administrative and Judicial Practice

2020 ◽  
Vol 10 ◽  
pp. 62-69
Author(s):  
К. А. Pisenkо ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Judicial Practice ◽  
Illegal Acts ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to defining the main approaches to classifying acts as violations of аntimonopoly legislation. On administrative and judicial practice discusses current issues and problems of definition of illegal acts, both from the point of view of antimonopoly regulation, and the delineation of antimonopoly violations and violations of other mandatory requirements established by the legislation of the Russian Federation.

scholarly journals OFFENSIVE STRUCTURAL REALISM AND RUSSIAN EXPANSION IN THE ARCTIC

2019 ◽  
Author(s):  
Brandon C. Halaychik
Keyword(s):  
United States ◽  
Soviet Union ◽  
Russian Federation ◽  
Security Policy ◽  
Structural Realism ◽  
The United States ◽  
The Arctic ◽  
Russian Government ◽  
The North ◽  
The Russian Federation

The Russian Federations drive to reestablish itself as a global power has severe security implications for the United States, its Arctic neighbors, and the North Atlantic Treaty Organization as a whole. The former Commander of United States Naval Forces Europe Admiral Mark Ferguson noted that the re-militarization of Russian security policy in the Arctic is one of the most significant developments in the twenty-first century adding that Russia is creating an “Arc of steel from the Arctic to the Mediterranean” (Herbst 2016, 166). Although the Russian Federation postulates its expansion into the Arctic is for purely economic means, the reality of the military hardware being placed in the region by the Russians tells otherwise. Implementation of military hardware such as anti-air defenses is contrary to the stipulated purposes of the Russian Government in the region. Therefore is the Russian Federation building strategic military bases in the Arctic to challenge the United States hegemony due to the mistreatment against the Russians by the United States and NATO after the collapse of the Soviet Union.

scholarly journals THE ESSENCE OF THE PHENOMENON OF THE RUSSIAN FEDERATION GEOPOLITICS

2017 ◽  
pp. 4-15
Author(s):  
O. Kondratenko
Keyword(s):  
Foreign Policy ◽  
Russian Federation ◽  
North Caucasus ◽  
Russian Government ◽  
The North ◽  
Electoral Support ◽  
Internal Politics ◽  
The Status ◽  
Russian President ◽  
The Russian Federation

The essence of the internal geopolitics of the Russian Federation (RF) and its influence on the foreign policy of Moscow is analyzed in the article. It was found that on the background of Russian nationalism the activation of separatist sentiments in the Russian national autonomies had occurred, particularly in the North Caucasus (Chechnia, Dahestan).Eventually, it caused two Chechen wars, as well as to the formation of dissatisfaction with the Center’s actions in Tatarstan, South and East Siberia and others. However, after internal politics and internal economy shocks of the 1990-th Russia has outlined a course to restore the status of a great state. An important factor for the Russian government is the support of its foreign policy by the population. It is traced that the level of electoral support of the Russian president entirely depends on the success of the Russian Federation on the international arena. Kremlin actively cultivates and uses imperial mood of society in order to justify the return of its “unjustly deprived” great power status. Therefore, governmental expansionist geostrategy obtains active support among theintelligentsia and broad social strata.

Specifics of some anti-corruption measures in Russia within the framework of public and state security

2020 ◽  
pp. 541-547
Author(s):  
Tatyana Plotnikova ◽  
Andrey Paramonov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
State Security ◽  
Procedure Code ◽  
Illegal Acts ◽  
The Russian Federation

In the current difficult conditions for the economy of our state, corruption crimes represent a higher level of danger. It is necessary to reform anti-corruption activities in order to increase its effectiveness. One of the radical measures in the field of anti-corruption will be the abolition of the presumption of innocence for corrupt illegal acts. The presumption of inno-cence is a fundamental and irremovable principle of criminal law, which is enshrined in article 14 of the Code of Criminal Procedure of the Russian Federation. Violation of this principle is impossible for criminal proceedings, but modern circumstances require timely, prompt, and sometimes radical so-lutions. It is worth not to neglect the measures of “insuring” on the part of law enforcement agencies, since otherwise it will increase the share of cor-ruption crimes in law enforcement agencies. The content of paragraph 4 of article 14 of the Criminal Procedure Code of the Russian Federation is man-datory even if the presumption of innocence for corruption crimes is can-celed: “A conviction cannot be based on assumptions”. At the same time, the principle of differentiation of punishment will be implemented by assigning the term of imprisonment from the minimum to the maximum, depending on the severity of the illegal act.

30 lat rosyjskiej polityki imigracyjnej i jej znaczenie z perspektywy Federacji Rosyjskiej i obszaru poradzieckiego

2021 ◽  
Vol 19 (2) ◽  
pp. 365-378
Author(s):  
Andrzej Szabaciuk
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Immigration Policy ◽  
Labor Migration ◽  
Population Policy ◽  
The State ◽  
The Political ◽  
Russian Government ◽  
Irregular Migrants ◽  
The Russian Federation

The article aims to analyze the immigration politics of the Russian Federation from the perspective of the last three decades after the collapse of the Soviet Union. We have considered its importance from the point of view of the domestic and foreign policy of the state. Since 2000, with the beginning of Vladimir Putin’s first presidency, we have been observing a significant increase in the importance of the immigration policy of the Russian Federation, which was an important component of the Russian population policy and one of the key instruments to counteract the deepening depopulation of the state. However, the growing popularity of labor migration to the Russian Federation and the low effectiveness of managing migration flows resulted in a massive influx of irregular migrants, which have used some of the Russian political circles to fuel anti-immigration sentiments. Because of this politics, since 2007, we have been observing a gradual departure from the earlier model of immigration policy, open to labor migration from the Commonwealth of Independent States, towards a policy limiting the influx of Muslim migrants from Central Asia. At the same time Russian government have invited Russian-speaking people from the post-Soviet area to settle in Russia. The introduced restrictions allowed the Russian Federation to use the facilitation of access to the Russian labor market as an instrument encouraging the political and economic integration of the post-Soviet states within the structures controlled by the Russian Federation. The increase in the political component of immigration policy did not change the fact that it was thanks to the influx of people from the post-Soviet area that Russia avoided the depopulation that is currently observed in Ukraine. Analyzing the situation of the Russian Federation and its politics towards the post-Soviet region, the realistic paradigm was used as it best reflects the specificity of the region.

scholarly journals The Fundamentals of Determining the Rental Charge for the State-Owned Real Estate in the Russian Federation

Legal Concept ◽  
2021 ◽  
pp. 94-98
Author(s):  
Ekaterina Vavilova ◽  
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Significant Proportion ◽  
State Ownership ◽  
The State ◽  
Russian Government ◽  
Basic Principles ◽  
The Russian Federation ◽  
Court Proceedings ◽  
The Government

Introduction: the paper discusses the study of the basic principles and methods of determining rental rates for the use of land owned by the state and municipal authorities. Despite the increasing trend of the privatization of state-owned land, its significant proportion is still under the state ownership. In this regard, a significant share of court proceedings in the Arbitration courts falls precisely on those disputes that relate to the determination of the procedure for establishing the rent of state-owned real estate in Russia. In this regard, the author set the goal – to study the problem of establishing the amount of the rent for the land held by tenants for housing after bringing into force Resolution of the Government of the Russian Government No. 582 of July 16, 2009 “On the basic principles of determining the rent for leases of land plots in the state or municipal ownership, and on the Rules for determining the amount of rent and the order of the conditions and terms of payment of rent for land in the ownership of the Russian Federation” (hereinafter – “Resolution No. 582”). Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main one is the comparative law method, as well as the methods of systematization and analysis. Results: the author’s position grounded in the work is based on the analysis of the legislation and the opinions of the scientists expressed in the competent scientific community on the issue of establishing the basic rates for renting the state real estate. Conclusions: as a result of the study, the main principles of determining the rates for renting the state-owned real estate, as well as the procedure for determining them, were analyzed. It was established that the amount of rent for land plots that were provided to tenants for housing construction after the entry into force of Resolution No. 582 should not exceed 2 % of the cadastral value of such real estate.

scholarly journals Normative acts in the system of national tax security provision

2022 ◽  
Vol 5 (4) ◽  
pp. 148-158
Author(s):  
K. V. Maslov
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Direct Action ◽  
Federal Law ◽  
Economic Management ◽  
Russian Government ◽  
Public Authorities ◽  
Legal Norms ◽  
Russian Constitution ◽  
The Russian Federation

The subject. The article characterizes the role of Russian Constitution, federal laws and bylaws in ensuring tax security.The purpose of the article is to identify legal norms that ensure the tax security of the state, and to confirm the hypothesis that such norms hat such norms are effective in systemic interaction.The methodology. The author uses methods of system analysis of scientific papers devoted to the provision of various types of security. Formal logical and legal interpretation of Russian regulatory legal acts is used also.The main results. Regulatory documents in the field of tax security can be classified into: the Constitution of the Russian Federation at the highest level; program documents (conventions, strategies, charters, concepts, programs, doctrines, standards, directives) as acts of the first level, the legislation of the Russian Federation and its constituent entities is at the second level; departmental regulatory legal acts are at the third level. The law on security should be an act of direct action that determines the content of the management activities of public authorities to ensure security by fixing its goals, principles, the most general forms and means of implementation. The basis of legal provision of tax security at the legislative level should be defined in the federal law on security as well as in the federal law "On Tax Authorities of the Russian Federation" (in intra-governmental relations context because tax authorities are the main subjects of tax administration) and in the Russian Tax Code (concerning relations between public administration bodies and private entities). Any draft legislative acts affecting issues of tax relations and economic management should be examined for compliance with national interests in the field of tax security and the effectiveness of minimizing threats. Each legislative act should take into account the implementation of the goals and principles of ensuring tax security (as well as other types of security) enshrined in the concept document. Such expertise is possible in the process of approving draft laws by the Russian Government as well as when registering relevant bylaws by the Russian Ministry of JusticeConclusions. The Russian Constitution should consolidate a unified approach to the essence of security as a whole. Legislative acts (first of all, the laws on security, on tax authorities, the Tax Code of the Russian Federation) should provide for the main directions of countering threats to tax security arising in the relevant areas of regulation. By-laws and regulations are designed to fix specific managerial ways of dealing with such threats.

Sign in / Sign up

Export Citation Format

Share Document