Научные журналы
Университета имени О.Е. Кутафина (МГЮА)


Статьи в номере 1 за 2018 год

Аннотация: The Northern Sea Route is very significant for the Russian Federation both as a maritime space under its jurisdiction and as a maritime transport highway. Geopolitical, economic, militarystrategic, as well as environmental interests of the state are concentrated in the water area of the Northern Sea Route. Russia has a long history of development and legislative regulation of navigation in the water area of the Northern Sea Route. At the present stage of development, the legal regulation of the Northern Sea Route is carried out on the basis of norms of international law and the legislation of the Russian Federation. The effectiveness of legal regulation is equally dependent on compliance with these types of legal norms by all states operating in the water area of the Northern Sea Route.

Автор: Vladislav R. Avkhadeev


DOI: 10.17803/2313-5395.2018.1.9.240-255

Читать статью полностью

Аннотация: Risk assessment plays a significant role in negotiation and drafting of oil services contracts. There are diverse types of such risks which may occur during production process or compliance with legal regulation adopted in the states where the Contractor has its residence and where it delivers goods or provides services. The Contractor should be aware of sanctions, anticorruption policy and mandatory rules of public law governing taxation, currency control and administrative offences. Although these issues have ancillary character in terms of provision of oil services they should be considered by the parties during negotiations as there are several tactics to address them in contracts. This article will demonstrate how it is important to choose the correct wording in drafting relevant clauses if the Contractor is going to deliver goods and/or provide services in Russia or Central Asia.

Автор: Vasily N. Anurov


DOI: 10.17803/2313-5395.2018.1.9.256-269

Читать статью полностью

Аннотация: This paper focuses on competition law issues arising from the existence of the state monopolies in Vietnam. The assertion “the leading role of the state economy” serves as the focal point of the Vietnam’s state monopolies’ formation and development , despite having a number of adjustments in the light of a market economy (with socialist orientation). There are significant concerns with respect to a state monopoly, including, but not limited to, the ‘monopoly existence in general and the close relationship between state monopolies and state management bodies. In this regard, Vietnam’s competition authority, additionally, lacks the independence and capacity of a deal with their anti-competitive practices. The last part of this paper seeks to find answers for the question what needs to be done to address these matters.

Автор: Tran Thang Long


DOI: 10.17803/2313-5395.2018.1.9.270-288

Читать статью полностью

Статьи в других номерах