Vitaly Korolev: consistent and sustainable law are the basic codification criteria

Deputy Head of FAS gave examples of successful use of this institution in Russian law

Deputy Head of FAS Vitaly Korolev took an active part in discussing the current trends in Russian law codification during the session on “Modern approaches to the codification of regulatory requirements: between tradition and innovation” on 18 May 2017 at St Petersburg International Legal Forum-2017.

The session programme included reports from French experts who outlined the history of developing this institution. Participants concluded that in some segments of the economy codification will enhance access and openness of terminology and facilitate modernization of the legal language.

Deputy Head of FAS Vitaly Korolev said that in terms of the frequency of legislative changes, the electric power industry is comparable with the contractual system and the tax law. “It is related to the objective need to promptly react to changes. Under the frame of reforming the electric power industry, the Civil Code of the Russian Federation comprises a norm on possibility to set specifics of regulating through industry-specific legislation, now building up sector-specific legal environment continues", reported Vitaly Korolev.

"I believe that FAS jointly with the Ministry of Justice and other authorities should determine the “pilot” sphere for codification. In my opinion, it should cover the sectors with established regulation, time-tested legal frameworks, where reforms have not been carried out for the past 10-15 years”, emphasized Deputy Head of FAS.

"In my opinion, a successful example of codification is the so-called “Network Codes” in some European countries. In Russia the closest analogue to such codes are the Rules for non-discriminatory access and technological connection to electric power networks, where there is clear regulation of legal relations between the parties”, explained Deputy Head of FAS. “Thus, building up the fundamental nature of Russian law should be continued, particularly, through developing its sectoral segment”.

“Analyzing codification in the context of FAS work, the antimonopoly body has devised a Uniform Law on the basic principles of tariff regulation. It determines unified principles of tariff regulation and formalizes the tariff-setting rules. Undoubtedly, specifics of regulating particular spheres will be also maintained in the industry-specific legislation.  Formalizing the mechanisms of tariff regulation in a special law will ensure a higher level of guarantees of consumer rights and regulated organizations, excluding the existing contradictions in the tariff system, and consistent legal regulation”, concluded Vitaly Korolev.