Agnessa O. Inshakova

Institutional Ambiguity of Regulation of Possessory Relations in Modern Russia

The article explores the institutional ambiguity of the legal regulation of possessory relations by the general and special rules of the Civil Code of the Russian Federation. The author’s position is based on the analysis of the conception of improvement of civil legislation and subsequent changes introduced in a number of provisions of part 1 of the Civil Code of the Russian Federation in 2014–2016, unfortunately without affecting the content of article 209 of the Civil Code. However, according to the authors, this norm, serving as a concentrated expression of the theoretical views of representatives of the Russian civil law and a key element of the ownership principles, raises a number of uncertainties in the current regulation of the possessory relations, negatively affecting the trend and development of the trade in general.

Amendments to the Civil Code of the Russian Federation: Contradictions of Theory and Practice

Based on the Decree of the President of the Russian Federation dated July 7, 2008 “On improvement of the Civil Code of the Russian Federation”, the Concept of development of civil laws, and the following reform, the article studies contradictions of regulating provisions of the first part of the Civil Code of the RF. The authors come to the conclusion that the amendments implemented by the legislator into the text of the Civil Code of the RF haven’t made the Code better and note a significant volume of remaining contradictions and problems. Certain key provisions of the first part of the CC of the RF are viewed.

Innovative Technologies of Oil Production: Tasks of Legal Regulation of Management and Taxation

This chapter of the monograph substantiates the need for intellectualization of the main factors of production in the oil industry at the present stage of development and modernization of the Russian economy. The direct dependence of the financial security of the Russian Federation on the volume of extracted raw materials, the severity of issues related to the delineation of powers in the sphere of owning, using and disposing of natural oil and gas resources is considered in the chapter in the context of the course announced by the authorities for innovation and high technologies. Introduction of innovative technologies in the field of hydrocarbon production is considered as a priority component of the general direction within the framework of modernization of the Russian economy. The relevant tasks of the Russian oil industry, consisting of large vertically integrated oil companies, are being studied. The ways of finding acceptable, economically adequate legal bases for effective mining of mineral resources are discussed. Which are in direct dependence on innovative technologies that satisfy the social, economic and political aspirations of the state, and allow to solve the problem of limited natural resources. An innovative approach to taxation of oil companies is being explored, providing for the withdrawal in favor of the state of half of the net income actually received by the economic entity, after covering all the costs of oil production.

TNCs as Subjects of Economic Activity and Lawmaking in the Sphere of Foreign Trade in Energy Resources

The chapter outlines the range of subjects, and identifies possible legal forms of participation in the foreign trade turnover of energy resources in accordance with the current Russian legislation, among which the main place belongs to TNCs. Based on the analysis of the doctrines presented in the doctrine and international lawmaking, the specific features of the legal status of TNCs, as well as characterizing this form of management signs that determine their prevailing participation in the field of foreign trade energy relations.

The General Energy Policy and Ways of Development of Legal Regulation of the Foreign Trade Turnover of Energy Resources of the Russian Federation and the EU

The chapter of the monograph is devoted to the analysis of the main directions of the development of the common energy law of the EU, the ways of their implementation through specific methods and mechanisms for unifying civil and legal regulation of the foreign trade turnover of energy resources.

Importance and Sources of Legal Regulation of Foreign Trade Activities and Turnover of Energy Resources

The chapter of the book substantiates the significance of the civil legal basis for the foreign trade turnover of energy resources for the social and economic modernization of the Russian state. Sources containing norms and regulations regulating this sphere of international management, as well as drafts of normative and legal documents under development and recommended for adoption by representatives of the domestic scientific doctrine are being studied. The system of legal regulation of foreign trade turnover of energy resources, as objects of civil rights, is considered by the authors from the point of view of the totality of elements, both general and special domestic legislation, norms of technical regulation, as well as international legal regulation. The basis of this is the unified substantive rules of international treaties, the customs of international business turnover and the rule of soft law, developed by various international organizations. The updated provisions of the Civil Code of the Russian Federation on the procedure for carrying out foreign trade activities by economic entities are analyzed. The doctrinal classifications of legislative acts that constitute an array of foreign trade legal regulation in the energy sector are being studied. It is noted that the international contractual practice in the Russian Federation in the field of foreign trade turnover of energy resources has developed on the basis of the existing extensive material and conflict of laws, which includes not only civil law legislation, but also the norms of administrative, export, currency, customs and tax legislation. The expanding influence of international organizations on the development of an array of national civil-law regulation in the sphere of trade in energy resources has been established.

Participation of International Organizations and Integration Associations in the Development of Legal Regulation of Foreign Trade in Energy Resources

The chapter is devoted to the study of the role of international organizations and integration associations, as a special category of participants and subjects of lawmaking in the sphere under study.

Applicable Law as an Essential Condition for a Foreign Trade Contract for the Supply of Energy Resources

The chapter is devoted to the study of modern legislative and doctrinal approaches to determining the applicable law, as a condition for a foreign trade contract for the supply of energy resources.

General Energy Policy and Ways of Development of Legal Regulation of Foreign Trade Turnover of Energy Resources of the BRICS Countries

The chapter is devoted to the study of civil-law regulation of the foreign trade turnover of energy resources of the BRICS countries, which is currently becoming one of the priority areas for strengthening and developing foreign economic relations of Russia and is a powerful and dynamically developing alliance that has an impact on energy markets.

Basic Concepts of Legal Regulation of Foreign Trade Activities of Energy Resources Turnover

The chapter defines the concepts that are significant for the legal regulation of foreign trade in the energy sector and the correct interpretation of the content and conclusions of the monographic research, as well as for the development of civil law, for science, and for branch of legislation. These include the concepts: “energy legislation”, “object of foreign economic transactions”, “foreign trade activities in the energy sector”, “foreign trade turnover of energy resources”, “export control”, as well as “energy resource in relation to foreign trade turnover”.