Все
 
 
 


Energy Sector and Justice: Modern Problems of Turbulence and Legal Regulation
 
Код статьиS231243500026204-2-1
DOI10.18254/S231243500026195-2
Тип публикации Статья
Статус публикации Опубликовано
Авторы
Клеандров Михаил Иванович 
Должность: Chief Research Scientist of the Institute of State and Law of the Russian Academy of Sciences; Chief Research Scientist of the Autonomous Non-Commercial Organization V.A. Musin Research Center for the Development of Energy Law and Modern Legal Science
Аффилиация:
Institute of State and Law of the Russian Academy of Sciences
Autonomous Non-Commercial Organization V.A. Musin Research Center for the Development of Energy Law and Modern Legal Science
Адрес: Russian Federation, Moscow
Название журналаПравовой энергетический форум
ВыпускВыпуск № 2
Страницы9-18
Аннотация

The article deals with the problems of modern legal regulation in the energy sector of the Russian economy which is characterized by serious turbulences. This situation implies difficulties in the effective functioning of the mechanism of justice. The necessity of definitive goal setting at the basic level both in legal regulation of the energy sector and in judicial activity is proved. Suggestions of a fundamental nature — in essence and in form — are made. The need to really take into account the “green” impact on our economy, first of all, when determining the strategic goals of its development, is also important with regard to the problem discussed in this article. It is noted that the judicial policy should to become a benchmark for the improvement of the mechanism of justice in the energy, basic, crucial for the state sector of the economy with turbulent regulation.

Ключевые словаenergy law, turbulence of legal regulation, mechanism of justice, codification of energy legislation, codification of legislation on courts and judges
Получено31.03.2023
Дата публикации27.06.2023
Кол-во символов31037
Цитировать   Скачать pdf Для скачивания PDF необходимо авторизоваться
100 руб.
При оформлении подписки на статью или выпуск пользователь получает возможность скачать PDF, оценить публикацию и связаться с автором. Для оформления подписки требуется авторизация.

Оператором распространения коммерческих препринтов является ООО «Интеграция: ОН»
1 The starting point of the problem reviewed in this article is the opinion expressed in the scientific, legal and other literature: in the last century there has been an unprecedented complication of literally all social processes, beyond the boldest predictions and expectations, which every day become more spontaneous, unpredictable, uncontrollable and unmanageable, which is apparently their specific characteristic, a peculiarity of this stage of historical development. And this is accompanied by the rapid emergence of a large number of completely new, mostly global problems, which make the world extremely dangerous, question the possibility of further normal existence of entire countries and peoples, and sometimes pose a threat to the very existence of civilization, the preservation of humanity in the spiritual and biological sense [1].
2 It is already clear now that the turbulence, both in international political and economic relations, as well as in social relations within our country, aggravated during the COVID pandemic, has intensified even more since February 24, 2022, the beginning of the Special Military Operation. This includes the economy, the basis of which is undoubtedly the energy sector.
3 As a result, the turbulence of statutory regulation in the economic field of our state, which is accelerated by the rapidly changing situation in general and in the military-industrial sector of our state in particular, has increased dramatically. Suffice it to say that in just one day, on March 3, 2023, President Putin signed both original Decrees, such as Decree No. 138 on Additional Temporary Economic Measures Related to the Circulation of Securities [2] and Decree No. 139 on Certain Issues of Activities of Business Entities Involved in the Implementation of the State Defense Order [3], and Decrees developing the previously adopted Decrees: Decree No. 95 (as amended on March 3, 2023) on the Temporary Procedure for Fulfilling Obligations to Certain Foreign Creditors dd. March 5, 2022 [4] and Decree No. 81 (as amended on October 15, 2022, as amended on March 3, 2023) on Additional Economic Measures to Ensure the Financial Stability of the Russian Federation dd. March 1, 2022 [5]. However, this turbulence of legal regulation in the energy sector of our economy began at the end of last year 2022. These are, in particular: Decree of the President of the Russian Federation No. 723 on the Application of Special Economic Measures in the Fuel and Energy Sector in Connection with Unfriendly Actions of Some Foreign States and International Organizations dd. October 7, 2022 [6], Decree of the President of the Russian Federation No. 943 on the Application of Special Economic Measures in the Sphere of Natural Gas Supply in Connection with the Unfriendly Actions of Some Foreign States and International Organizations dd. December 22, 2022 [7], and Decree of the President of the Russian Federation No. 963 on the Application of Special Economic Measures in the Fuel and Energy Sector in Connection with the Establishment by Some Foreign States of the Ceiling Price for Russian Oil Products dd. December 27, 2022 [8].
4 Special attention (with regard to the problems reviewed in this work) should be paid to the aforementioned Decree No. 139 dd. March 3, 2023, adopted as its preamble states: “In accordance with Article 8 of Federal Constitutional Law No. 1-ФКЗ on Martial Law dd. January 30, 2002”. At the time of completion of this article, martial law is declared on the territory of the Lugansk and Donetsk People’s Republics, Zaporozhye and Kherson regions from October 19, 2022. However, it is not mentioned neither in the title of the Decree, nor in its text. It means that this Decree has been adopted against the possibility of the necessity to declare martial law in other regions of the Russian Federation.
5 But the most important thing is the content of this Decree. It is unusually harsh. Thus, this Decree of the President of the Russian Federation establishes that if business entities, which are the main performers of deliveries of products (works, services) under the state defense order or performers participating in deliveries of products (works, services) under the state defense order, fail to fulfill their obligations under the state contract (contract), including failure to take measures to ensure the delivery of products (works, services) under the state defense order, until martial law is lifted: a) the rights of members (shareholders) of such business entity and the powers of its governing bodies are suspended; b) upon the proposal of the Ministry of Industry and Trade of the Russian Federation, a management organization is appointed to exercise the powers of the sole executive body of such business entity and, to the extent necessary to fulfill obligations under the state defense order, the powers of the general meeting of shareholders or the board of directors (supervisory board) of the company. The Government of the Russian Federation is instructed to: a) establish a working group under the collegium of the Military-Industrial Commission of the Russian Federation on the activities of business entities participating in the fulfillment of the state defense order during the period of martial law; b) approve the working group regulation which stipulates, inter alia, that this working group shall evaluate the activities of business entities participating in the fulfillment of the state defense order and form an opinion on issues related to the suspension of the rights of members (shareholders) of such business entities and the powers of their governing bodies and the appointment of the management organization; and c) approve the composition of the working group. It is established that on the basis of the decision of the working group the relevant regulatory legal act of the Ministry of Industry and Trade of the Russian Federation shall be issued.

всего просмотров: 138

Оценка читателей: голосов 0 

1. Kerimov A.D. State Organization of Public Life: Issues of Theory : monograph. – Moscow : Norm : INFRA-M., 2014, p. 61–62.
2. Decree of the President of the Russian Federation No. 138 On Additional Temporary Economic Measures Related to the Circulation of Securities dd. March 3, 2023 // Official Internet Portal of Legal Information http://pravo.gov.ru,  March 3, 2023.
3. Decree of the President of the Russian Federation No. 139 On Certain Issues of Activities of Business Entities Involved in the Implementation of the State Defense Order dd. March 3, 2023 // Official Internet Portal of Legal Information http://pravo.gov.ru,  March 3, 2023.
4. Decree of the President of the Russian Federation No. 95 (as amended on March 3, 2023) On the Temporary Procedure for Fulfilling Obligations to Certain Foreign Creditors dd. March 5, 2022 // Official Internet Portal of Legal Information http://pravo.gov.ru,  March 5, 2022.
5. Decree of the President of the Russian Federation No. 81 (as amended on March 3, 2023) On Additional Economic Measures to Ensure the Financial Stability of the Russian Federation dd. March 1, 2022 // Official Internet Portal of Legal Information http://pravo.gov.ru,  March 1, 2022.
6. Decree of the President of the Russian Federation No. 723 (as amended on April 5, 2023) On the Application of Special Economic Measures in the Fuel and Energy Sector in Connection with Unfriendly Actions of Some Foreign States and International Organizations dd. October 7, 2022 // Official Internet Portal of Legal Information http://pravo.gov.ru,  October 7, 2022.
7. Decree of the President of the Russian Federation No. 943 On the Application of Special Economic Measures in the Sphere of Natural Gas Supply in Connection with the Unfriendly Actions of Some Foreign States and International Organizations dd. December 22, 2022 // Official Internet Portal of Legal Information http://pravo.gov.ru,  December 22, 2022.
8. Decree of the President of the Russian Federation No. 961 (as amended on April 28, 2023) On the Application of Special Economic Measures in the Fuel and Energy Sector in Connection with the Establishment by Some Foreign States of the Ceiling Price for Russian Oil and Oil Products dd. December 27, 2022 // Official Internet Portal of Legal Information http://pravo.gov.ru,  December 27, 2022.
9. Ursul A.D., Ursul T.A. The Future in the Context of Transition to Sustainable Development // Strategic Priorities. 2017. No. 2 (14), p. 118.
10. Malko, A.V., Salomatin, A.Yu. The Future as a Problem of Scientific Research // Strategic Priorities. 2016. No. 2, p. 45–58.
11. Malko, A.V., Salomatin, A.Yu. The Future as a Problem of Scientific Research // Strategic Priorities. 2016. No. 2, p. 119.
12. Gubin, Ye.P. Sanctions and Measures of Economic and Legal Support for Sustainable Stable Development of the Russian Economy // Entrepreneurial Law. 2022. No. 4, p. 5.
13. Interview of A. Rozanov “To the Beginning of Life” // Search. 2023. No. 6. February 10, p. 7.
14. Kleandrov, M.I. Green Financing of Green Energy as a Sector of Green Economy: a Brief Review of the State of Scientific and Legal Support // Energy Law Forum. 2022. No. 2, p. 10–15.
15. Academician Leopold Lobkovsky. I Didn’t See the Answer in the Anthropological Theory of Warming // Kommersant-Nauka. 2023, March, p. 37–39.
16. Alekseyenko, S. (Head of the Renewable Energy Section of the Energy Priority Council of the Russian Federation, Laureate of the Global Energy Prize, Academician of the Russian Academy of Sciences). Geothermal Energy - from Hot Springs to Deep Hot Rocks. It’s not Easy and It’s Expensive to Harness the Deep Heat of the Earth, but All the Costs are Paid Off by Its Independence from the Vagaries of the Environment, and the Reserves are Inexhaustible. Kommersant-Nauka. 2023, March.
17. Kolesova, O. Views on the Balance. Geothermal Energy will Be Able to Compete with Hydrocarbon Energy // Search. 2022. No. 37. September 9.
18. https://ras.arbitr.ru/ 
19. https://ras.arbitr.ru/ 
20. https://pravo.ru/story/245547/ 
21. Beloglavek, Alexander I. International Legal Protection of Investments in the Energy Sector: K: Tucson, 2011. – 396 p. (in Russian).
22. Udartsev, S.F. Law and State as Institutions and Ideas: Past, Present and Future. Selected Works. – Moscow : Yurlitinform, 2022, p. 88.
23. Malko, A.V., Terekhin, V.A. Judicial Policy as a Means to Optimize Justice in the Russian Federation // State and Law. 2016. No. 7, p. 11–19.
24. Section III. Future. Perfection of the Mechanism of Economic Justice in Russia // In monograph : Kleandrov, M.I. Economic Justice in Russia: Past, Present, Future. – Moscow : Wolters Kluwer, 2006, p. 391–579.

Система Orphus

Загрузка...
Вверх