KAZAN UNIVERSITY LAW REVIEW Volume 2, Summer 2017, Number 2
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KAZAN UNIVERSITY LAW REVIEW Volume 2, Summer 2017, Number 2 Journal President: Ildar Tarkhanov (Kazan Federal University, Russia) Journal Editor-in-Chief: Damir Valeev (Kazan Federal University, Russia) International Editorial Council: Russian Editorial Board: Sima Avramović Aslan Abashidze (University of Belgrade, Serbia) (Peoples’ Friendship University of Russia, Susan W. Brenner Russia) (University of Dayton School of Law, USA) Adel Abdullin William E. Butler (Kazan Federal University, Russia) (The Pennsylvania State University, USA) Lilia Bakulina Michele Caianiello (Kazan Federal University, Russia) (University of Bologna, Italy) Igor Bartsits Peter C.H. Chan (The Russian Presidental Academy (City University of Hong Kong, China) of National Economy and Public Hisashi Harata Administration, Russia) (University of Tokio, Japan) Ruslan Garipov Tomasz Giaro (Kazan Federal University, Russia) (University of Warsaw, Poland) Vladimir Gureev Haluk Kabaalioğlu (Russian State University of Justice (Yeditepe University, Turkey) (RLA Russian Justice Ministry), Russia) Gong Pixiang Pavel Krasheninnikov (Nanjing Normal University, China) (State Duma of the Russian Federation, William E. Pomeranz Russia) (Kennan Institute, USA) Valery Lazarev Ezra Rosser (The Institute of Legislation (American University Washington College of Law, USA) and Comparative Law under the Government George Rutherglen of the Russian Federation, Russia) (University of Virginia, USA) Ilsur Metshin Franz Jürgen Säcker (Kazan Federal University, Russia) (Free University of Berlin, Germany) Anatoly Naumov Paul Schoukens (Academy of the Prosecutor's Office (KU Leuven, Belgium) of the Russian Federation, Russia) Carlos Henrique Soares Zavdat Safin (Pontifical Catholic University of Minas Gerais, Brazil) (Kazan Federal University, Russia) Jean-Marc Thouvenin Evgeniy Vavilin (Paris Ouest Nanterre La Défense University, France) (Saratov State Academy of Law, Russia) KAZAN UNIVERSITY LAW REVIEW . Volume 2, Summer 2017, Number 2 KAZAN UNIVERSITY LAW REVIEW Volume 2, Summer 2017, Number 2 Journal executive secretaries: Marat Zagidullin (Kazan Federal University, Russia) Jarosław Turłukowski (University of Warsaw, Poland) Editor of English texts: Randolph W. Davidson (USA, Italy) Assistant of Editor-in-Chief: Elena Bazilevskikh (Kazan Federal University, Russia) Journal team: Ruslan Sitdikov, Rustem Davletgildeev, Ivan Korolev, Maxim Voronin, Marat Shamsutdinov, Ramil Gayfutdinov, Ivan Novikov, Iskander Asatullin, Durmishkhan Afkhazava, Nikita Makolkin, Azalia Gubaydullina, Lilia Sharipova, Abdulbosit Muzaffar ugli Makhkamov, Murat Kamarov, Ekate- rina Avvakumova, Anastasia Kiryushchenko, Viktoriia Chernova, Kamilla Khabipova, Alina Astafyeva, Anastasiia Bychkova, Veronika Novikova. «KAZAN UNIVERSITY LAW REVIEW» ISSN 2541-8823 (registered by The Federal Service The reprint of materials of the journal for Supervision of Communications, “Kazan University Law Review” is allowed Information Technology only with the consent of the Publisher. and Mass Communications in Russia Link to the source publication is obligatory. on 17 November 2016 The Publisher or the Editor’s office does not render (certificate number PI № FS 77-67763 information and consultations and does not enter (ПИ № ФС 77-67763)) into correspondence. Manuscripts can not be returned. The Founder and the Publisher Publication: are not responsible for the content of four issues per year (one issue per quarter) advertisements and announcements. Opinions expressed in the contributions are those Editorial office: of the authors and do not necessarily reflect the room 326, 18 Kremlyovskaya St., official view of the organizations they are affiliated KAZAN, 420008 Russia with or this publication. KAZAN UNIVERSITY LAW REVIEW . Volume 2, Summer 2017, Number 2 TABLE OF CONTENTS Damir Valeev (Kazan, Russia) Welcoming remark of the Editor-in-Chief ............................................................4 ARTICLES: William E. Butler (Carlisle, Pennsylvania, USA) The 300th anniversary of the first original Russian work on public international law ......................................................................................6 Adel Abdullin (Kazan, Russia) The formation and development of Russian science of Private International Law at the beginning of XX century .......................... 50 Franz Jürgen Säcker (Berlin, Germany) Principles and perspectives of Energy Law in Europe ...................................... 73 COMMENTS: Arzu Abbasova (Moscow, Russia) Legal regulation of superficies in European countries ...................................... 89 Marat Suleymanov (Kazan, Russia) Transnational corporations in Private International Law: history, features and classifications .................................................................................... 97 CONFERENCE REVIEWS: Roza Salieva (Kazan, Russia) Review of materials of the International roundtable on the topic “State regulation of social relations in the sphere of power engineering in Russia, Germany and the EU” ....................................................................... 110 Yuriy Lukin (Kazan, Russia) Nikita Makolkin (Kazan, Russia) XII Annual Student Moot Court Competitions: the Russian national debates – 2017 .................................................................. 115 KAZAN UNIVERSITY LAW REVIEW . Volume 2, Summer 2017, Number 2 Dear Readers, I would like to present for your attention the second regular issue of the Kazan University Law Review 2017. The topics in this issue cover current questions of interest relating to the theory and practice of Russian law. The opening article by William E. Butler, John Edward Fowler Distinguished Professor of Law, Pennsylvania State University, is dedicated to the tercentenary of the first Russian-language publication of Public International Law by P. Shafirov (St. Petersburg, 1717) on just cause for war between Russia and Sweden, and considered an important development both for international law and for Russian law. Professor Butler provides readers access into the diplomatic framework and legal basis of Russia’s participation in the Northern War. His article has particular importance for measuring the extent to which European ideas and the practice of international law have been assimilated into Russian law, and at the same time one can see Russia’s contribution to the development of the ‘Western’ system of international law. The article by Adel Abdullin, Professor and Head of the Department of International and European Law at the Law Faculty of Kazan Federal University, continues the international legal focus of this issue. Quite naturally, his article is devoted to the development of Russian legal science in the field of private international law. He describes the characteristics of private international law in Russia and provides a scientific analysis of the views and writings of outstanding legal scientists in this field, noting that in Russia the twentieth century is recognized as a golden age and a period of enormous growth in the national legal science of private international law, when Russia entered into capitalist economic relations and experienced the development of international trade and the introduction of foreign capital into the domestic economy. All of these events had to be properly secured by law. As a result, terminology, the conceptual basis and methodology of Russian legal science of private international law were formed during this period, which also saw Russian legal science on private international law marked out as an independent branch of law. It is important for Russian and foreign legal science to turn to the experience of sectorial studies of certain issues of economic activity. In this regard, the article by Professor Jürgen Säcker of the Free University of Berlin is devoted to the problems and prospects for the development of energy law in Europe. This is more important than ever, and especially for Russia, because vast energy resources and energy production remain the backbone of the Russia economy and the reason it is a great energy power. In his KAZAN UNIVERSITY LAW REVIEW . Volume 2, Summer 2017, Number 2 article Professor Säcker rightly notes that the regulatory authorities have implemented special rules in the EU Directives and the domestic legislation of European countries, in accordance with agreed standards, to ensure effective competition in this vital field. Therefore, a correct understanding of the legal basis of this process is extremely important. Traditionally in each issue of our journal we try to publish articles by young legal scientists. I am very pleased to introduce our new authors Arzu Abbasova, from the Russian Presidential Academy of National Economy and Public Administration, and Marat Suleymanov, from Kazan Federal University, who contribute practical-oriented articles on the legal nature of the right of superficies and the distinguishing features of transnational corporations, respectively. ‘Conference Reviews’ completes the practical section of this issue with the contri- butions by our colleagues from Kazan on the events that were held at Kazan Federal University in April 2017. With the help of Professor Rosa Salieva of the Tatarstan Republic Academy of Sciences we get acquainted with the review of the international roundtable on power engineering issues. The roundtable was attended by legal scientists and representatives of the business communities of Russia and Germany, who discussed issues of state regulation of