Evgeniy O. Krassov
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Oleg Igorevich Krassov and primacy of land lawMoscow University Bulletin. Series 11. Law. 2023. 4. p.221-231read more593
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The article is dedicated to the memory of an outstanding employee of higher education — Doctor of Laws, Professor Oleg Igorevich Krassov, who made an invaluable contribution to the development and upholding of the independent nature of the branch of land law and legislation. O. I. Krassov substantiated the independence of land law especially through the analysis and development of the concepts of “legal regime” of lands, land plots and other objects, as well as through the concept of “land plot”. Referring to the works of O. I. Krassov, in the current article his point of view is provided on the content of these concepts, determined by the norms of land, water, forestry, urban planning, natural resources (ecological), mining, and civil legislation. Oleg Igorevich is the founder of the studies of comparative land law. He has prepared monographs on land rights in Europe, common law countries, the Middle East, Africa and Asia. Taking this into account, and as an additional substantiation to his opinion on the independent nature of the branch of land law and legislation, O. I. Krassov referred to world’s experience in the development of land law and rights to land and land plots in different countries. As a result, he advocated a unified legal regime for land plots. In his opinion, the legal regime of land plots is established not so much and not only by the norms of civil law and legislation, but by special rules established in land law, the Land Code, and land legislation.
Keywords: legal regime, land, land plot, land law, civil law, branch of law, Krassov
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Service contract for transmission of electric power: legal characteristicsMoscow University Bulletin. Series 11. Law. 2024. 1. p.126-145read more259
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Civil law legal forms are being “transplanted” to electric power legislation. Special rules governing social relations in the electric power industry are not often being coherent to general rules set up in the civil law. There are many exceptions to the rules that don’t specifically allow to determine the legal nature of contractual forms that are used in the electric power legislation. The electric power transmission services contract is not an exception.
Particular emphasis in the work is given to the lack of a legal definition of the concept of “provision of electric power transmission services” in the legislation. This does not allow us to determine the scope of the contract, as well as the content of the actions carried out in the provision of electric power transmission services. The question of the advisability of including a condition on the quality of electric power as an essential condition of the contract by analogy with an energy supply contract is considered.
The work examines the general legal nature, differences from the agreement on technological connection, including parties “to the contract legal rights arising in the course of the contract, and its public and binding nature”.
Despite the approach declared by law regarding the public nature of the contract, the procedure for sending an offer to conclude it does not comply with the rules established by the Civil Code of the Russian Federation on public contracts. In this regard, at the end of the work, proposals were formulated to improve the legislation when the agreement is concluded in the legal form of an adhesion agreement.
Keywords: provision of services, transmission of electric power, services contract, public contract, binding contract, electric power quality, electric power industry
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On contracts for the electric power supplyMoscow University Bulletin. Series 11. Law. 2024. 5. p.190-212read more129
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Features of contracts for electric power supply, purchase and sale (supply) of it are discussed in the paper. A comparison of these contracts is made. The persons granted with the rights and responsibilities to enter into these contracts are identified. It is noted that the legislation on the electric power industry is inconsistent in distinguishing between contracts for electric power supply, on one side, and purchase and sale contracts, on the other. For instance, it is permitted to enter into electric power supply contracts, in particular, for guaranteeing suppliers which are acknowledged as energy sales organizations but not energy supply organizations. As a result, a person who does not have the necessary technical devices, i. e. a connected network to the consumer’s (customer’s) networks, engages electric grid organization to provide electric power transmission services to the consumer. Electric power transmission services are provided upon concluding sales and purchase agreements. They are provided on the basis of a contract for the provision of electric power transmission services. This contract is considered to be consistent with the concept of such contracts. The absence of a sign of a connected network under an energy supply contract is an optional exception to the general rules and it negates the specified division of contracts for the electric power supply. The article examines the legal issues of energy supply and purchase and sale contracts. It is noted that the legislative regulation of contracts for the supply of electric power requires improvement, incl. in order to eliminate contradictions in it.Keywords: energy supply, purchase and sale, contract, electrical energy, electric power industry
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