scholarly journals Problems and trends of legal regulation of the heat energy market in the Russian Federation and legal support of competition in the heat energy market

2020 ◽  
pp. 24-30
Author(s):  
V. V. Romanova
Keyword(s):  
Russian Federation ◽  
Heat Supply ◽  
Legal Regulation ◽  
Heat Energy ◽  
Energy Market ◽  
Constitutional Court ◽  
Legal Analysis ◽  
The Russian Federation ◽  
Expert Community ◽  
Heat Energy Market

Despite the seemingly active development of legal regulation of the heat energy market, there are gaps and contradictions in the legal regulation, in the legal provision of competition in the heat energy market, which draw the attention of representatives of the expert community and government agencies. A significant number of legal disputes in the field of heat supply and acts of the constitutional Court of the Russian Federation also indicate problems in legal regulation. Based on the results of legal analysis of legal regulation and law enforcement practice, proposals were made to introduce the following provisions into the model of legal regulation: maintaining a register of companies that sell heat energy, including data on the financial, technological, and personnel status; licensing the activities of companies that sell heat energy; licensing of companies that provide services to heat networks and heat supply facilities, including heat‑receiving equipment for consumers; introduction of a system for intelligent accounting of heat consumption.

Certain Tendencies of the Constitutional-Legal Regulation of Party Formation in the Russian Federation

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Эмиль Алимов ◽  
Emil Alimov
Keyword(s):  
Political Parties ◽  
Russian Federation ◽  
Legal Regulation ◽  
The Political ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Modern Democracy ◽  
Public Authorities ◽  
Party Building ◽  
The Russian Federation

This article is devoted to the study of certain tendencies of the political parties constitutional regulation in the Russian Federation. With the aid of analysis of the political parties functioning legislation, the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights the author demonstrates the dynamics of the Russian legislation in the field of the party building, as well as the different approaches used in these courts in the interpretation of some restrictive regulation in context of the topic. It is noted that political parties are an important segment of modern democracy and they play an important part not only in the electoral process, but also in the deputy-voter mutual relationship; also political parties can affect certain public authorities. Accordingly showing up general rules of the legislation development in this area and their comparative legal analysis would not only clearly define the real situation of the political parties in Russia and reveal the existing problems, but also indicate a vector for the further development of the constitutional regulations in this field.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

Ensuring the Rights and Legal Interests of the Victim when Checking the Crime Report: A Comparative Legal Analysis of the Criminal Procedure Codes of the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Procedure Code ◽  
The Russian Federation ◽  
Procedure Codes

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals CHOICE OF THE TYPE OF PERMITTED USE OF A LAND PLOT BY ITS RIGHT OWNER: PROBLEMS OF LEGAL REGULATION

2021 ◽  
Vol 31 (2) ◽  
pp. 251-256
Author(s):  
G.L. Zemlyakova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Federal Legislation ◽  
Constitutional Court ◽  
Land Plot ◽  
The Russian Federation

The reason for writing this article was the Resolution of the Constitutional Court of the Russian Federation of October 16, 2020 No. 42-P, the adoption of which is due to the lack of proper legal regulation of the choice of the type of permitted use of a land plot by its rightholder. Federal legislation does not directly provide for the obligation of the rightholder of a land plot to choose the type of its permitted use, and there is no procedure for its implementation. Therefore, the coercion of the rightholder to conduct cadastral registration of a land plot in connection with the choice or change of its permitted use, and even more so bringing to responsibility for the use of the land plot not in accordance with its permitted use due to failure to fulfill such an obligation cannot be recognized as legal and justified. In this regard, the author made proposals for improving the legislation.

Energy supply and energy efficiency: current issues of legal regulation

2020 ◽  
Author(s):  
Venera Shaydullina ◽  
Margarita Ruchkina ◽  
Natal'ya Zalyubovskaya ◽  
Aleksey Barkov ◽  
Lapina None ◽  
...  
Keyword(s):  
Energy Efficiency ◽  
Energy Conservation ◽  
Russian Federation ◽  
Energy Supply ◽  
Legal Regulation ◽  
Energy Sector ◽  
Energy Market ◽  
Legal Nature ◽  
The Russian Federation ◽  
Practical Recommendations

The monograph is devoted to the development of practical recommendations of an institutional and legal nature aimed at improving the energy efficiency of the energy sector of the economy in the conditions of digitalization and economic restrictions. It contains scientific and practical proposals aimed at developing the activities of economic entities of the Russian energy market, energy infrastructure, and focuses on the problems of the state of the Russian energy sector, strategic planning and legal regulation of activities aimed at energy conservation and energy efficiency in the Russian Federation. It is intended for teachers, students and anyone interested in energy supply and energy efficiency.

scholarly journals The subject of judicial control in consideration of complaints: controversial issues of legal regulation

2021 ◽  
Vol 2021 (2) ◽  
pp. 104-109
Author(s):  
El'vira Mirgorodskaya
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
The Russian Federation

The purpose of this study was an attempt to theoretically understand the subject of judicial consideration of complaints against decisions, actions (inaction) of officials carrying out criminal prosecution. The research was carried out on the basis of comparative legal, formal logical, empirical, statistical methods. Judicial statistics for the year 2020 have been provided, and legislation has been studied from a historical and contemporary perspective, taking into account the practice of the Constitutional Court of the Russian Federation. The problem is that, in practice, for about 20 years the courts have had difficulties in determining the subject of complaints, since neither in theory nor in practice a consensus has been developed on this issue. The Criminal Procedure Code of the Russian Federation also does not contain a definition of the concept of «subject matter». The situation is aggravated by the presence of evaluative concepts in the text of the law, leading to a varied understanding of the subject of appeal by the courts, which leads to a violation of the constitutional rights of citizens at the pre-trial stages of criminal proceedings. In the article, taking into account the analysis of the practice of the Constitutional Court of the Russian Federation, legislation and the opinion of scientists, a recommendation was made to amend the Criminal Procedure Code of the Russian Federation to specify the subject of consideration of complaints in accordance with Art. 125 of the Criminal Procedure Code of the Russian Federation in order to eliminate existing contradictions in practice and increase the level of protection of individual rights in pre-trial proceedings.

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