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The Narrowed Specialization of Economic Justice: A Breakthrough Technology in Protection of Rights and Legal Interests of the Fuel and Energy Complex Organizations
 
Код статьиS231243500022506-4-1
DOI10.18572/2410-4396-2021-1-68-73
Тип публикации Статья
Статус публикации Опубликовано
Авторы
Клеандров Михаил Иванович 
Аффилиация: Institute of State and Law of the Russian Academy of Sciences
Адрес: Russian Federation, Moscow
Название журналаПравовой энергетический форум
ВыпускВыпуск № 1
Страницы68-73
Аннотация

The article consistently reviews the problems of intensified specialization of the economic justice mechanism aimed at the assurance of judicial protection of rights and legal interests of energy market participants. It is noted that such specialization assured by commercial courts and, consistently, by judicial collegiums, judicial assemblies and separate judges is not always sufficient. It is postulated that the narrower and deeper specialization, the more effective is justice in specific commercial cases and the more just are judicial acts. A potential commercial procedure in cases involving jury members, especially in disputes involving energy market participants, is able to raise drastically the efficiency of judicial proceedings. It is noted that the institution of commercial court assessors is decaying; the author believes that it should be recreated and further developed.

Ключевые словаenergy law, fuel and energy complex, protection of rights of energy market participants
Получено16.01.2021
Дата публикации01.03.2021
Кол-во символов19444
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1 It is commonly believed that breakthrough technologies in general and their legal regulation in particular is a sphere of real economy:industry,transport,communications, construction, etc., and obviously, the fuel and energy complex. But the legal regulation of the organization and activities of energy market participants, which is rather difficult, unbalanced, insufficiently effective, may potentially have breakthrough technologies.
2 An important place in the wide range of the mechanism of the legal regulation of organization and activities of fuel and energy complex structures is held by the judicial mechanism of protection of their rights and legal interests. It cannot be called defective and there is a drastic need it its radical transformation. But hardly any lawyer specializing in such mechanism in the fuel and energy sphere doubts that it is far from being effective.
3 The two sides of the problem are plain to see: the shortcomings in the legal regulation of public relationships in the fuel and energy complex and the shortcomings in the organizational legal mechanism of judicial protection of rights and legal interests of energy market participants.
4 This problem is greatly aggravated by the coronavirus pandemic affecting the whole world, the Russian fuel and energy complex, the justice mechanism on a global scale and in our country since the whole world civilization, all its state, economic and social institutions have turned out to be almost completely unprepared for its various consequences. The amendments to the Constitution of the Russian Federation adopted in our country in the middle of 2020 have not corrected this negative trend in the most general terms. That’s why the role of the legal science in correction of the outlined situation is now decisive and the range of scientific and legal problems that need to be solved is broad, and they all are important.
5 One of them is the problem of the improvement of the specialized nature of the economic justice mechanism designed to ensure the protection of rights and legal interests of multiple and varied structures of the Russian fuel and energy complex in the event of violation of their rights and legal interests.
6 Why is the specialized nature of the economic justice mechanism so important within the framework of the broader problem of the improvement of this mechanism and raising its efficiency?
7 That is so, because, strictly speaking, any problem can be better, more effectively and reliably solved by an expert in the sphere of such problem as compared to a non-expert, let the latter be an outstanding professional in other spheres, be appointed for solution of this problem by higher authorities, have the powers to solve this problem, and be named by mass media the only hope in the opinion of the society…
8 But if a true expert, a professional in a particular sphere, has the corresponding means, opportunities, resources, etc. to solve such problem, the success is almost guaranteed, anyway, the chance of success is much higher than it would be if the case were solved by an above-mentioned non-expert. The said is fully applicable to the justice sector.
9 Today, there are two types of specialized justice in effect in our country: constitutional and economic. The issue of the expediency and necessity of other specialized justice types (criminal, administrative, civil) deserves separate attention. The main postulate here is that the more specialized justice is, the more effective and fairer it is.
10 The organizational and legal mechanism of justice consists of three constituent parts: the judicial structure, judicial proceedings and the judicial status. The overall specialization of the justice mechanism means that all the three of its constituent parts act separately and independently, i.e. in case of: 1) a monocourt (in the present-day Russia, it is only the Constitutional Court of the Russian Federation and the federal Disciplinary Tribunal that existed for several years before 2014) or an independent judicial system with its own Supreme (Higher) Court as the central body (we have no such courts after the liquidation of the Supreme Commercial Court of the Russian Federation in 2014, while the system of general jurisdiction courts cannot be considered specialized, but some foreign states have a couple of specialized judicial fully independent systems, for instance, there are five of those in the Federal Republic of Germany); 2) a specialized (separate) procedural regulation in the form of the “own” procedural code or the corresponding procedural provisions integrated into the legal act on the specialized court (as in the Federal Constitutional Law On the Constitutional Court of the Russian Federation, provided that some countries, e.g. Belarus, Mongolia, have two different laws: on the constitutional court and on constitutional proceedings…); 3) “own” judges within the limits of the specialized mono-court or the specialized judicial system: selected to exercise this exact specialized justice, having passed a special qualification examination, advancing their skills in the sphere of specific specialized justice…

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1. Kleandrov M.I. The Status of Commercial Court Assessors, Popular Associated Judges, Jury Trial : textbook / M.I. Kleandrov. Moscow : Institute of State and Law of the RAS, 2000. 106 p.
2. Khodykin R.M. Commercial Court Assessors: A Sign of Maturity of the Society or a Foreign Element in the Russian Commercial Procedure? / R.M. Khodykin // Bulletin of the Supreme Commercial Court of the Russian Federation. 2012. No. 8. P. 30-49 ; Mazanko N.A. The Institution of Commercial Court Assessors and the Latest Amendments to the Commercial Procedure Code of the Russian Federation / N.A. Mazanko // Commercial and Civil Procedure. 2012. No. 12. P. 8-11 ; Mrastyeva O.S. On the Participation of Commercial Court Assessors in Commercial Courts / O.S. Mrastyeva, A.N. Yusupova // Modern Science and Technology Development Tendencies. 2016. No. 8-5. P. 60-64.
3. Federal Law No. 70-ФЗ of May 30, 2001 (as amended on November 28, 2018) On Commercial Court Assessors of Commercial Courts of the Constituent Entities of the Russian Federation // Parliamentary Newspaper. 2001. June 1.

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