Courier of Kutafin Moscow State Law University最新文献

Energy market: general theory legal regulation 能源市场:一般理论与法律规制

Courier of Kutafin Moscow State Law University Pub Date : 2020-05-15 DOI: 10.17803/2311-5998.2020.67.3.116-124

А. М. Шафир

{"title":"Energy market: general theory legal regulation","authors":"А. М. Шафир","doi":"10.17803/2311-5998.2020.67.3.116-124","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.67.3.116-124","url":null,"abstract":"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.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132524450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The restructuring of the debtor as a means bankruptcy warnings under european law legislation 根据欧洲法律的规定，债务人重组作为破产警告的一种手段

Courier of Kutafin Moscow State Law University Pub Date : 2020-05-15 DOI: 10.17803/2311-5998.2020.67.3.179-186

L. Mastilovič

{"title":"The restructuring of the debtor as a means bankruptcy warnings under european law legislation","authors":"L. Mastilovič","doi":"10.17803/2311-5998.2020.67.3.179-186","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.67.3.179-186","url":null,"abstract":"Directive on preventive restructuring 1023/2019 (hereinafter referred to as the Directive) guarantees the right of bona fide and prospective commercial entities (hereinafter‑debtors) to initiate a preventive restructuring procedure in the absence of signs of bankruptcy, subject to the mandatory consent of the debtor and the majority of creditors, while, if the disagreement of the majority of creditors is not economically justified, the procedure can be approved by the authorized body (hereinafter — the court). The purpose of the procedure is to prevent bankruptcy in advance. A significant common characteristic of preventive restructuring and bankruptcy proceedings is the collective extension of legal consequences to all creditors, including those who disagree, because a single legal will is economically necessary to achieve the goal. In addition, it prohibits any of the creditors, including those from the dissenting minority, from starting enforcement proceedings (bankruptcy proceedings or enforcement proceedings) at a certain period, even if there are grounds provided for by law, since the legal consequences apply to all creditors, which ensures the incentive and effectiveness of the measures taken and avoids a conflict of creditors due to different assessments of the economic situation and prospects of the debtor.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121181797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal nature of the impermissibility warning violations of requirements in the fuel and energy sector 法律性质的不允许警告违反规定的燃料和能源部门

Courier of Kutafin Moscow State Law University Pub Date : 2020-05-15 DOI: 10.17803/2311-5998.2020.67.3.135-150

T. Otcheskaya, T. Afanasieva

{"title":"Legal nature of the impermissibility warning violations of requirements in the fuel and energy sector","authors":"T. Otcheskaya, T. Afanasieva","doi":"10.17803/2311-5998.2020.67.3.135-150","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.67.3.135-150","url":null,"abstract":"In the context of protecting the rights of entrepreneurs, the authors investigate the problem of determining the legal nature of such an act of reaction to an offense as a warning. The lack of a proper understanding of the nature of the warning determines the problems associated with the announcement of the warning, provided for By the law on the Prosecutor’s office and various Federal laws. Analysis of the practical implementation of these rules has shown a lack of necessary clarity and unambiguity of the regulations. The lack of a unified doctrinal approach to understanding the essence of the warning against violation of requirements is another confirmation of this. Having identified and analyzed the essential properties of the warning and its basis, the authors conclude that by its legal nature, the warning is a nonnormative legal act and can be challenged in court, which is confirmed by relevant examples of judicial and prosecutorial practice. Current legal provisions that obscure the obligation of the addressee to comply with the warning are subject to adjustment in order to ensure legal certainty.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116157486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The influence of the «technological unity of power» on the structure of contractual relations in Russian electric power industry “权力的技术统一”对俄罗斯电力工业契约关系结构的影响

Courier of Kutafin Moscow State Law University Pub Date : 2020-05-15 DOI: 10.17803/2311-5998.2020.67.3.096-105

V. S. Eliseev

引用次数: 0

Legal regulation of environmental damage compensation: problems of theory and practice 环境损害赔偿的法律规制:理论与实践问题

Courier of Kutafin Moscow State Law University Pub Date : 2020-05-15 DOI: 10.17803/2311-5998.2020.67.3.077-085

A. Ryzhenkov

引用次数: 0

Russia’s mineral resource base development till 2035: control at the level of federal districts 2035年前俄罗斯矿产资源基础开发:联邦区层面控制

Courier of Kutafin Moscow State Law University Pub Date : 2020-05-15 DOI: 10.17803/2311-5998.2020.67.3.158-164

V. Kim

{"title":"Russia’s mineral resource base development till 2035: control at the level of federal districts","authors":"V. Kim","doi":"10.17803/2311-5998.2020.67.3.158-164","DOIUrl":"https://doi.org/10.17803/2311-5998.2020.67.3.158-164","url":null,"abstract":"In this article, the author concludes that the institution of plenipotentiaries of the President in the federal districts is a legal tool of the President of Russia, which was created to facilitate the exercise of his powers in the federal districts, which can and should be applied in the process of monitoring the implementation of the Development Strategy Implementation Plan mineral resource base of Russia until 2035, even despite the fact that authorized representatives in federal districts are not indicated in the text of the Strategy as part of controlling persons. The territorial bodies of the Federal Subsoil Use Agency (Rosnedra), established at the level of federal districts, should be the conductors of this control: the provisions on the establishment of territorial bodies of the Rosnedra at the level of federal districts contain regulatory provisions that allow direct interaction with the Presidential plenipotentiary representatives in federal districts. In addition, Presidential Decree No. 849 of May 13, 2000, which established federal districts and plenipotentiaries, directly indicates the possibility of plenipotentiaries to monitor the implementation of orders of the Government of Russia — the Strategy was approved in the form of a government order.","PeriodicalId":138292,"journal":{"name":"Courier of Kutafin Moscow State Law University","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121183107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The importance of patents in international commerce — a practical guide 专利在国际贸易中的重要性——实用指南

Courier of Kutafin Moscow State Law University Pub Date : 2020-04-10 DOI: 10.17803/2311-5998.2020.66.2.070-080

T. Shillinglaw

引用次数: 0

English language and the law – opportunities in the University 英语语言和法律-在大学的机会

Courier of Kutafin Moscow State Law University Pub Date : 2020-04-10 DOI: 10.17803/2311-5998.2020.65.1.082-084

C. Goddard

引用次数: 0

Modern copyright law and the problems of artificial intelligence development 现代著作权法与人工智能发展的问题

Courier of Kutafin Moscow State Law University Pub Date : 2020-04-10 DOI: 10.17803/2311-5998.2020.66.2.043-052

J. Iskakova, S. Kashkin

引用次数: 0

Anti dumping EU measures against China and possible legal actions to alleviate them and/or improve relationships between EU and China 欧盟针对中国的反倾销措施以及可能采取的法律行动，以减轻这些措施和/或改善欧盟与中国之间的关系

Courier of Kutafin Moscow State Law University Pub Date : 2020-04-10 DOI: 10.17803/2311-5998.2020.66.2.133-159

M. Montanarini

引用次数: 0