Energy law forum最新文献

Trends in Legal Regulation of Corporate Governance in the Fuel and Energy Complex 燃料和能源行业公司治理的法律监管趋势

Energy law forum Pub Date : 2024-03-01 DOI: 10.61525/s231243500030171-6

Margarita K. Krotova

{"title":"Trends in Legal Regulation of Corporate Governance in the Fuel and Energy Complex","authors":"Margarita K. Krotova","doi":"10.61525/s231243500030171-6","DOIUrl":"https://doi.org/10.61525/s231243500030171-6","url":null,"abstract":"Corporate governance is crucial for a company’s operations. The effectiveness of establishing a corporate structure largely determines the outcomes of an organization’s activities. However, successful management depends not only on complying with the “language” of law but also on understanding modern trends and tendencies in the changing reality. This article examines current trends in corporate governance using the structures of large fuel and energy holdings as an example. It also proposes ways of optimization for the successful development of the country’s strategic activities in the near future. Restrictive measures and sanctions make companies feel vulnerable. Therefore, the legislation aims at protecting the rights and interests of major market players by implementing effective measures. However, a deep analysis of introduced concessions of requirements shows that not all of them have a positive effect. That is why this study focuses on the current problems and solutions. The author proposes measures to improve corporate governance systems, including the possibility of utilizing artificial intelligence and modernizing information disclosure to reflect current realities.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"368 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140281643","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 issues of Nuclear Power Plant Safety in a War Zone 战区核电站安全的法律问题

Energy law forum Pub Date : 2024-03-01 DOI: 10.61525/s231243500030168-2

Y. V. Lebedeva

引用次数: 0

Challenges in Implementing the Heat Network Organization Criteria: Contractual Relations between Heat Supply Organizations and Heat Network Owners That Lost Their Heat Network Organization Status 实施热网组织标准的挑战：失去热网组织地位的供热组织与热网业主之间的合同关系

Energy law forum Pub Date : 2024-03-01 DOI: 10.61525/s231243500030170-5

Dmitry O. Pasynkov

{"title":"Challenges in Implementing the Heat Network Organization Criteria: Contractual Relations between Heat Supply Organizations and Heat Network Owners That Lost Their Heat Network Organization Status","authors":"Dmitry O. Pasynkov","doi":"10.61525/s231243500030170-5","DOIUrl":"https://doi.org/10.61525/s231243500030170-5","url":null,"abstract":"This article deals with the challenges of implementing the heat network organization criteria and the fate of contractual relations between heat supply organizations and heat network owners that lost the heat network organization status. The author concludes that the special legislation on heat supply does not provide a procedure for terminating contractual relations between a heat supply organization and an entity that does not meet the heat network organization criteria, even if the parties had a contract for heat energy (heat carrier) transmission services before the criteria came into force. This situation leads to different interpretations of the procedure for applying the criteria and gives rise to disputes between heat supply organizations and heat network owners. The lack of a straightforward and unambiguous mechanism for applying the criteria in price zones has resulted in the necessity for heat supply organizations and heat network owners to defend their rights in court and administratively. Analysis of the general provisions of civil legislation indicates that contracts between heat supply organizations and heat network owners that do not meet the criteria are subject to termination due to impossibility of performance. Additionally, heat supply organizations have the right to verify that heat network owners comply with the heat network organization criteria. The author concludes that developing a mechanism of interaction between the parties is necessary when concluding and implementing contracts for heat energy (heat carrier) transmission services.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"324 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140281347","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

On Basic Problems of Energy Law Science: Some Reflections 论能源法科学的基本问题：一些思考

Energy law forum Pub Date : 2024-03-01 DOI: 10.61525/s231243500030163-7

M. Kleandrov

引用次数: 0

Overview of the 2023 Award Ceremony for the Winners of the V.A. Musin Russian Law Award for Contribution to the Development of Energy Law 2023 年俄罗斯能源法发展贡献奖获奖者颁奖典礼概览

Energy law forum Pub Date : 2024-03-01 DOI: 10.61525/s231243500030162-6

V. Romanova

引用次数: 0

Analysis of the Legal Regulation of the Use of Renewable Energy Sources in the Energy Law of New Members of the BRICS Intergovernmental Association 金砖国家政府间联盟新成员能源法中对使用可再生能源的法律规定分析

Energy law forum Pub Date : 2024-03-01 DOI: 10.61525/10.61525/s231243500030176-1

Ekaterina M. Kologermanskaya

{"title":"Analysis of the Legal Regulation of the Use of Renewable Energy Sources in the Energy Law of New Members of the BRICS Intergovernmental Association","authors":"Ekaterina M. Kologermanskaya","doi":"10.61525/10.61525/s231243500030176-1","DOIUrl":"https://doi.org/10.61525/10.61525/s231243500030176-1","url":null,"abstract":"The energy industry (including the use of renewable energy sources (RES)) is one of the most promising and investment-worthy areas at both national and global levels. For the member states of the BRICS intergovernmental association, this economy sector is also a platform for cooperation and interaction. On January 1, 2024, six new countries joined the association as full members: Saudi Arabia, the UAE, Iran, Ethiopia, Egypt, and Argentina. This article analyzes the national legal regulation of the use of renewable energy sources in these states. It should be noted that all members of the association have major differences in their technical and economic development, as well as in their statutory regulation of the energy sector in general and renewable energy sources in particular. However, these circumstances only substantiate the need to study the legal regulation experience of the BRICS member states. It should be said that the use of RES in the selected states is subject to government regulation, the parties to public relations associated with RES use, the legal status of RES-based electricity markets and power facilities have been defined, legal requirements for foreign investment in RES projects, etc. have been established. Thus, the analysis conducted focuses on promising legal measures that can be implemented in the national laws in order to improve and update it, as well as contribute to the international legal harmonization efforts.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"237 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140270651","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

Criteria for Heat Network Companies: Legal Capacity Issues 热网公司的标准：法律能力问题

Energy law forum Pub Date : 2024-03-01 DOI: 10.61525/s231243500030169-3

Marat T. Khamidullin

{"title":"Criteria for Heat Network Companies: Legal Capacity Issues","authors":"Marat T. Khamidullin","doi":"10.61525/s231243500030169-3","DOIUrl":"https://doi.org/10.61525/s231243500030169-3","url":null,"abstract":"Amendments to the heat supply laws came into force over a year ago, providing criteria for acquiring the status of a heat network company. The purpose of these innovations was to bring order to the heat market and maintain competent professional players. It aimed at consolidating network assets in the last resort heat supplier, the unified heat distribution company, and depriving enterprises that lack the necessary material, labor, and technical resources for proper maintenance and repair of heat networks of the status of a heat network company. The intermediate results of the reform suggest now that the legislator’s expectations were not fully met. While disclosing the historical peculiarities of heat industry development in the pre-reform period, this article examines the factors that first led to the emergence of multiple heat network companies in the heat supply market and then prompted the legislator to take measures to optimize the number of regulated organizations. To simulate the potential effects of legal regulation, the author examines the electric power industry, which is related to heat supply. The legislator had already established criteria for local grid organizations in this industry several years before the reform of heat network companies. However, the legal position of the Constitutional Court of the Russian Federation prevented the legislator’s efforts from being fully implemented. To address the problem at hand, the author suggests transitioning from quantitative to qualitative criteria for evaluating an entity’s compliance with the status of a heat network company. This approach will prioritize the reliability of heat supply over using compliance as a formal basis for depriving bona fide enterprises of the status of a professional player in the heat market.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"24 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140277962","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

Concept of Goods in Exchange Trading Laws 外汇交易法中的货物概念

Energy law forum Pub Date : 2024-03-01 DOI: 10.61525/s231243500030174-9

Elena A. Sidorova

{"title":"Concept of Goods in Exchange Trading Laws","authors":"Elena A. Sidorova","doi":"10.61525/s231243500030174-9","DOIUrl":"https://doi.org/10.61525/s231243500030174-9","url":null,"abstract":"Considering the tasks set by the government for the economy, the legal mechanisms for entering into contracts for the sale (supply) of goods on exchanges will continue evolving and improving, and the list of items that can be traded on exchanges will expand further. In order to create representative indicators and fair market prices for goods that are significant for the country (which cannot always be considered things), it seems reasonable to apply the concept of “goods” in a broader sense, including therein other objects of civil rights, other property, in addition to things, or even name specific property rights depending on which objects of civil rights the new “incorporeal” entities discussed above will be classified as in the Exchange Trading Law. An interesting question is that of listing on exchanges goods that are not things, but, as stated above, can also be traded on exchanges (carbon units, “green” certificates, and other similar objects). Considering the qualitative characteristics of such exchange-traded objects, one cannot speak of quality in the same sense as with things, nevertheless, the characteristics that objects may have in order to become exchange-traded commodities must be determined by the exchange establishing admission rules.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"20 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140277971","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

Private Law Substance of the Institution of Maximum Electrical Capacity Reserve 最大电力容量储备制度的私法实质

Energy law forum Pub Date : 2024-03-01 DOI: 10.61525/s231243500030175-0

Konstantin A. Konstantinov

引用次数: 0

Comparative Legal Analysis of the Powers of Commodity Exchanges and Regulators of Trade Organizers to Control the Ethical Conduct of Traders (a Study of the UK, USA, Japan, and India) 商品交易所和贸易组织监管者控制交易者道德行为的权力的比较法律分析（对英国、美国、日本和印度的研究）

Energy law forum Pub Date : 2024-03-01 DOI: 10.61525/s231243500030173-8

Kseniya I. Khachaturova

{"title":"Comparative Legal Analysis of the Powers of Commodity Exchanges and Regulators of Trade Organizers to Control the Ethical Conduct of Traders (a Study of the UK, USA, Japan, and India)","authors":"Kseniya I. Khachaturova","doi":"10.61525/s231243500030173-8","DOIUrl":"https://doi.org/10.61525/s231243500030173-8","url":null,"abstract":"In the current economic and political conditions there is a need to regulate the conduct of exchange traders. Currently, exchanges carry out this regulation directly, but it is not sufficient. Therefore, a comparative legal analysis of approaches to regulating the ethical conduct of traders in foreign jurisdictions is particularly relevant. Foreign experience shows that regulators and exchanges identify trader misconduct, establish criteria for such conduct and measures to punish it. At the same time, to minimize potential consequences for the commodity market, for example, due to erroneous actions by exchanges in qualifying conduct, and maintain its stability, the foreign regulator exercises control over activities of exchanges and trader compliance with local legislation, issues relevant acts and recommendations containing a list of desirable and undesirable market practices. According to the author, when introducing amendments and additions to regulatory legal acts regarding the powers of the Bank of Russia, it may be beneficial to consider foreign experience in regulating misconduct of exchange traders in the commodity market in Russian practice.","PeriodicalId":425412,"journal":{"name":"Energy law forum","volume":"218 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140279435","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