Legal Form Research Articles

International Legal Content of the Concept "Renewable Energy Sources" Revisited

Introduction. The expansion of the use of renewable energy sources (RES) is recognized as one of the means to solve the issue of climate change. At the same time, RES is considered an "antagonist" to traditional natural resources, the latter being unevenly distributed among states, so the formation of an international legal regime for renewable energy requires a balanced approach. In this article, the author analyzes the key component of such a regime, namely, the legal content of the term "renewable energy sources". Based on the documents adopted within international organizations containing definitions of RES, the author establishes the main criteria of RES and formulates a list of energy sources that are universally recognized as such, namely, wind energy, water energy, solar energy, biomass energy, geothermal energy, ocean and river energy.Materials and methods. The methodological basis of the research was formed by general scientific techniques (analysis, synthesis, induction, deduction, comparison, classification, systematization, forecasting) and private scientific techniques (formal legal and comparative legal method).The research is based on the documents of universal international organizations (UN, IEA, IRENA), in which the definition of RES is formulated. The author also resorts to the sources of the EU law governing cooperation in the area of renewable energy as well as documents adopted within the CIS.Research results. The article analyzes the concept of RES in the international law. It is established that it is based on a quantitative criterion (i.e. the speed of reproduction of an energy source should exceed the speed of its consumption) and a qualitative one (its "sustainability" in terms of environmental impact). Since no known energy source is completely environmentally neutral, the "sustainability" criterion is used to identify sources that have significantly less environmental impact than others. The author also identifies a number of energy sources that meet the criterion of renewability, but are not recognized as RES (e.g. nuclear energy), or are not included in the RES, in respect of which states wish to develop international cooperation (e.g. certain types of hydropower, traditional biomass). The author also identifies RES, with regards to which states choose to apply the precautionary principle due to insufficient knowledge of their compliance with the sustainability criterion (e.g. geothermal energy).Discussion and conclusion. The author concludes that the international community has developed an understanding of the criteria for classifying energy sources as RES, and their list is agreed within different interstate communities depending on the actual needs of interaction (for universal organizations, the aim is to mainly the exchange of "best practices" for encouraging RES, for regional ones it also includes developing cooperation mechanisms within the framework of transnational projects and harmonization of state laws). This gives grounds for optimism about reaching a consensus on the concept of renewable energy for the development of an international legal regime.

Prospects for Digitalization of Rulemaking in Civil Law

Introduction. The article is devoted to the analysis of the reasons for the defectiveness of a number of regulations on economic activity in the country. The need to intensify the development of a methodology for the use of digital technologies in rule-making activities is substantiated.Materials and methods. In the course of writing the work, regulatory materials and works of domestic and foreign authors were used. Techniques of scientific knowledge were used: analysis, synthesis, abstraction, generalizations, analogies and others. The methodological basis of the study was made up of general scientific and special legal methods: systemic-structural, method of dogmatic analysis, method of interpretation of legal norms, method of legal-technical design, comparative legal, formal legal, logical, statistical, etc.Results of the study. Analysis of the current array of regulatory acts of the Russian Federation made it possible to identify its incomplete compliance with the requirements for building self-consistent management systems.It has been proven that the main condition for the effective use of digital technologies in rule-making is to ensure that the system of existing regulations in the country is closed from external influence. Ways have been proposed to improve the content of normative acts regulating civil law relations in the context of the introduction of digital technologies into law enforcement and legislative processes.Discussion and conclusions. The conducted research allows us to draw attention to the conceptual foundations of the transformation of its legal regulation in line with international agreements in this area, as well as critically evaluate the effectiveness of some areas of modern lawmaking.

Improving the Legal System in Accordance With the Requirements for Building a Socialist Rule-Of-Law State in Vietnam

Objective: This study aims to contribute further discussions on solutions to enhance the quality of the legal system in the context of Vietnam advancing to stage 2 (stage 1 being the quantitative aspect) of the process of perfecting its legal system. Theoretical Framework: This research adopts the ROCCIPI model theory to identify several solutions for improving the Vietnamese legal system within the context of the requirements for building a rule-of-law state in Vietnam, as embodied in Resolution No. 27. Research Methods: This paper employs methods such as the analysis of written laws, document analysis, and comparative analysis. Results and Conclusion: The research results indicate that after prolonged efforts to build a legal system almost from scratch, Vietnam now has a legal framework and procedural system that covers most social relations, gradually replacing arbitrary measures previously imposed by public entities. However, the Vietnamese legal documents system exhibits numerous inadequacies and lacks stability. One of the causes is the involvement of multiple intermediaries in the law-making process, leading to a multi-layered legal system with various procedures (often referred to as "sub-licenses") that interfere with the effectiveness of regulations. Despite modernization efforts, Vietnam's legislative techniques have not significantly improved the quality of legal documents. Therefore, this study proposes solutions focusing on addressing these issues based on the ROCCIPI model approach, which the author believes is suitable for Vietnam's political and legislative realities. Research Implications: This study is set against the backdrop of the Communist Party's continued emphasis on legal formalization, reflecting a consistent policy direction towards building a state that upholds the rule of law. The author agrees that building and perfecting the legal system in any country must begin with an awareness of the law's position and role in social life, from the perspective of the entity controlling and regulating society. Therefore, this research, premised on the consistent guiding capacity of the Communist Party and the State of Vietnam in the legislative process, will discuss ways to progressively perfect the legislative process with strong leadership and constructive roles from these two entities. Originality/Value: Since the promulgation of the Law on Promulgation of Legal Documents in 2008 , issues regarding efficiency, rationality, inflation, and overlap of legal documents have not been resolved. Numerous studies have identified causes, consequences, and proposed legislative solutions to optimize the legislative process and establish a legal life for the documents. The contribution of this study, beginning with a hypothesis about the strong regulatory role of political and social management entities, with an awareness of the law's role in this process, will provide solutions focusing on three aspects of the legislative process: reducing intermediary layers between rules and social life; continuing to emphasize the stability of rules with the central regulatory role of the state; and finally, the techniques of drafting documents, which can be frequently adjusted to meet the two aforementioned objectives.

A few remarks on hybridity in Polish administrative law on the example of legal forms of action

A hybrid in the broader culture may be associated with something heterogeneous, deviating from the usual standards, which may bring about anxiety and be an example of an anomaly. In ancient times, a hybrid was defined as a creature composed of at least two different elements, such as an ox with a human head. Despite all these years, hybridity has not changed. Of course, we refer to it in other aspects than just living beings, i.e. in arts, movies, and cars, but also to the legal instruments functioning in the current state of the law. In this article, it is the intention of the author to present the hybrid legal forms used by the public administration. However, the author’s approach to this subject was more theoretical than dogmatic, hence the considerations were focused on the creation or the purposefulness of functioning of these forms in administrative law.

Criminological Characteristics of an Attack on the Life of a Law Enforcement Officer, a Special Government Agency, or a Military Serviceman in Kazakhstan

The purpose of this study was to characterize crimes of encroachment on the lives of law enforcement officers, special government agencies and military personnel in Kazakhstan from the point of view of defining the elements of the crime, criminological characteristics and foreign regulatory experience. The article used methods of statistical analysis, analogy and generalization, as well as formal legal and formal logical approaches. The study identified the features of proving this category of crimes and proposed recommendations for its improvement directly in the Republic of Kazakhstan. The features of the criminological characteristics of crimes against persons representing the authority of public authorities are highlighted, as well as recommendations for the special prevention of criminal attacks provided for in Art. 380-1 of the Criminal Code of the Republic of Kazakhstan.

From Liberal Democracy to Illiberal Populist Autocracy: Possible Reasons for Hungary’s Autocratization

The paper looks for the main reasons of how was the Hungarian government of the Fidesz Party lead by Prime Minister Viktor Orbán able to within 13 years undermine the independent checks on their power so that it could convert what had looked like a stable but imperfect democracy into an autocracy? After listing the most obvious reasons the paper looks particularly at, how much is the way of a mostly elite-driven democratic transition using the tools of ‚legal constitutionalism‘and ‚undemocratic liberalism‘without real historical traditions of a liberal democratic constitutional culture and with the regionally determined value system is to blame. This also leads to the question, how to allocate the responsibility for the backsliding between the elites and the citizens, influenced and often manipulated by the leaders.

We Might Have a Sports Gambling Problem and It Is Not What You Think: A Commentary.

The 2018 Supreme Court decision on Murphy v. National Collegiate Athletic Association brought not only a change in the United States commercial gambling landscape, but also considerable speculation across public forums about whether expanded sports gambling causes new, distinct, and greater harm than existing legal forms of gambling. This commentary brings into the focus that the definition of this form of gambling has recently begun to shift without a theoretical basis or empirical evidence. To bring evidence to bear, there is a need for a precise operational definition of sport gambling and greatly clarity to the questions that can drive knowledge generation.

Роль волонтерства в гражданском обществе Российской Федерации

The article analyzes the federal legislation, as well as the charters of volunteer organizations regarding the concept, functions, principles, organizational and legal forms of activity of volunteer (volunteer) organizations. The concept of the existence of a constitutional and legal status common to all volunteer organizations and the local regulatory status of specific volunteer organizations is expressed. The classification of volunteering functions into organizational, social, humanitarian and educational is proposed. As a gap in the legal regulation of volunteering, the absence of norms on the principles of volunteering in federal legislation was noted.

Расширение прав и свобод человека или его расчеловечивание?

The article delves into the analysis of the “8 March Principles” presented by the International Commission of Jurists together with UNAIDS and the Office of the United Nations High Commissioner for Human Rights as a set of legal principles that decriminalize behavior in the field of sex, drug use, HIV, sexual and reproductive health, homelessness and poverty. Utilizing ostensibly civilized forms, these principles serve the Malthusian idea of population reduction (“corruption clothed in legal forms”, Malthus’s term), with law being no exception. However, while in traditional contexts, “dissolute living” (Malthus’s term) like marriage, contributes to population growth, emphasizing the need for chastity among the lower classes, neo-Malthusianism normalizes debauchery, indeed leading to population reduction. The aim of this article is to identify the dehumanizing content, reducing humans from social subjects to biological objects. The study’s subject encompasses dehumanizing conditions reflected in the “March 8 Principles” including the destruction of family, cultural, familial-role, gender, and sexual identities; legalization of drugs and pedophilia, prostitution, and begging as forms of commercial activity; as well as the destruction of culture. The methodological basis of this research is dialectical materialism. In scrutinizing the “March 8 Principles”, this study highlights the dichotomy between the purported expansion of human rights and the underlying trend towards dehumanization. By elucidating how these principles relegate individuals from social subjects to biological one, the research underscores the erosion of fundamental societal structures and cultural values. As such, it prompts critical reflection on the broader implications of legal frameworks ostensibly designed to promote human rights. Through the lens of dialectical materialism, this analysis provides valuable insights into the complexities of modern legal and socio-cultural dynamics, inviting further scholarly inquiry into the intersection of law, morality, and human dignity.

Is the Role of Judges and Ideas About Justice Relevant in the Exercise of Interpretation?

The role of judges and ideas about justice are undeniably relevant in the exercise of interpretation within legal systems. This abstract explores the significance of judges' roles and justice concepts in interpretation, shedding light on their impact on judicial decision-making and legal outcomes. Judges, as impartial arbiters of the law, are tasked with interpreting statutes, regulations, and precedent to resolve disputes and administer justice fairly. However, their interpretations are inevitably influenced by their personal beliefs, values, and understandings of justice, shaping the outcomes of cases and the development of legal principles. Moreover, ideas about justice, such as fairness, equity, and societal values, inform judges' interpretations and guide their application of legal principles to specific cases. The tension between legal formalism and judicial discretion underscores the complexity of interpretation, as judges balance the need for consistency and predictability with the demands of justice and fairness. Ultimately, the role of judges and ideas about justice play a crucial role in the exercise of interpretation, shaping legal reasoning, judicial decision-making, and the evolution of the law.

Criminal Law Mechanisms for Ensuring the Safety of the Older Adults

The paper analyzes the current state and features of the implementation of the mechanism for ensuring the safety of the older adults by the means of criminal law. The purpose of the study is to develop theoretical provisions aimed at improving the institution of criminal law protection of the rights of the older adults. The paper draws attention to the causes of the public danger of crimes against this social group, as well as the problems of legislative consolidation and practical implementation of this institution at the present stage. Methodologically, the study is based on the dialectical method of cognition, as well as a set of general scientific (analysis, synthesis, induction, abstraction), private scientific (statistical) and special legal (formal legal, method of interpretation of legal norms, historical and legal) methods. The author concludes that the level of public danger of crimes committed against the older adults cannot be determined unambiguously due to the individual characteristics of the victims. Qualifying a criminal act against an older adult person is considered fair in connection with the indication of the signs of «helpless» or «defenseless» state, which determines that there is no need to change the criminal law. Taking into account the ambiguity of judicial practice, the author defines criteria that contribute to the substantiation of the presented features in order to differentiate criminal liability for crimes against vulnerable elderly people.

Dualism of Labor Law: Private Law and Public Law Aspects

The relevance of the topic of this article is due to the fact that the structure of labor law as a regulator of public relations contains the principles of both power and subordination, and equality of the parties. Despite the prevalence of the concept of dualism in labor law, there is no consensus in legal science regarding its content.The purpose of this article is to develop scientific provisions reflecting the features of dualism in labor law. Proceeding from the designated goal, the author set tasks: to determine the private and public legal aspects in the dual nature of labor law. In the process of studying national interests, the dialectical method of cognition was used as a philosophical basis, as well as general scientific research methods: ascent from the abstract to the concrete, the system-structural method. private scientific methods: formal legal, as wellas logical means of cognition — analysis, synthesis, deduction, induction.As a result of the analysis of scientific and regulatory sources, the following conclusions were formulated: 1) The state performs several functions in achieving a balance of private and public legal interests in the field of labor regulation: legislative, control, social, intermediary. 2) By promoting a balance between the interests of workers and the State, civil society contributes to ensuring fairer and more stable working conditions for all.

Lawscapes

Comparative law is a subject always in motion. Scholarly discussion about its methodology is always vivid, in search of better tools to make the different possible comparative endeavors. The paper explores the concept of lawscape and its link with comparative legal methodology. The concept of lawscape will be linked with other relevant concepts in comparative law, like those of legal pluralism, legal transplants, legal formants and legal fluxes to make the necessary connections and find its space within the tools of comparative law.

The main approaches to assessing the quality and effectiveness of measures for assisting persons with disabilities

Introduction. Currently, there is a fairly high demand from society for changing approaches to the life of people with disabilities, improving the level and quality of their lives. There is an increase in the number of people with disabilities who need to be assisted when receiving services for assisted living, assisted work and social employment of disabled people in the Russian Federation. The article considers the main methodological approaches to assessing the quality and effectiveness of support measures in the provision of services for assisted living, assisted work and social employment of persons with disabilities.Aim. The study of indicators of the quality and effectiveness of support measures for the formation of unified approaches in various departments of the support system of the Russian Federation aimed at improving the level of assistance and support to the population.Materials and methods. Normative legal and methodological documentation, special literature, information systems of federal executive authorities of the subjects of the Russian Federation. Applied general scientific methods (content analysis, analytical, system-structured, comparative) and methodological methods of systematization, comparison, generalization, interpretation, as well as special methods — formal legal, comparative legal.Results. The main approaches to assessing the quality and effectiveness of support measures may include: availability of receiving support events; compliance with goals and objectives; the economic component (the necessary costs for conducting support activities); competence and professionalism of specialists; satisfaction of recipients (improving the quality of life of recipients). To assess the quality and effectiveness of support measures, the following criteria are highlighted: improving the quality of life of assisted persons, including their physical, psychological and social well-being, improving social adaptation and inclusion of escorted persons in society; the communicative effectiveness of the work of the specialists of the support system, both in a group and individually with each assisted one; сost-effectiveness of support activities, optimization of resource use and reduction of costs for the provision of the support process; аssessment of the satisfaction of the assisted ones and their families with the assistance and support provided; the effectiveness of interdepartmental interaction, co-operation and co-ordination of work between various services and organizations in the support system; assessment of the achievement of targets and tasks in the support system. The score is determined for each criterion separately based on the amount of points received. If the amount is below 55% of the maximum possible, the rating is "unsatisfactory", if from 56 to 85% – "good", above 85% – "excellent". Thus, the introduction of methods for evaluating the effectiveness and quality of support measures will make them more accessible and useful for all categories of the population in need of the Russian Federation.Discussion. One of the key indicators of the quality and effectiveness of the support system's activities is the availability of support activities for all those in need. It is necessary to ensure equal access to quality support in obtaining social services for all categories of people in need, regardless of their place of residence, family income and other factors. Another important indicator is the effectiveness of the work of the specialists providing support. Training and advanced training of specialists, as well as modern methods of working with assisted ones and their families, will help to increase the effectiveness of assisting activities when receiving social services and improve the results of assistance, in general. Effective implementation of methods and technologies for assessing the quality, accessibility and effectiveness of the support system requires a systematic approach and co-ordination of efforts at various levels, interdepartmental interaction, regulation of legal relations in the support system in the Russian Federation.Conclusion. The main indicators of the quality and effectiveness of support contribute to providing feedback from both the assisted ones and those in need of support activities, as well as from the specialists of the support system and management structures. This will allow considering the opinions and needs of all participants in the support process, which contributes to the development of a sustainable and adaptive system.

Conciliation Procedures in the Civil Process: Legislative Innovations and Prospects for Further Development

The paper analyzes the provisions governing conciliation procedures consolidated in the Russian procedural legislation in 2019. The author elucidates the legal nature of alternative dispute resolution in general and conciliation procedures in particular, explains their informal nature and inexpediency of giving them the same strict legal form as procedural actions. The legislative consolidation of conciliation procedures is primarily associated with the need to inform citizens about the possibility of their use and registration of their result. Based on the study of judicial data, the author concludes that, despite a number of positive legislative innovations, the use of conciliation procedures has not fundamentally changed. With this in mind, the author highlights cultural, organizational and economic obstacles that prevent a wider application of conciliation procedures. Based on the results of their analysis, the author proposes three main directions for further legislative developments. The paper pays special attention to the judicial conciliation procedure that appeared in 2019, which has great potential, but requires the creation of appropriate conditions for its application.

Determining the amounts of membership interests in the charter capital of a limited liability company as an appropriate way to protect the rights of the member through legal proceedings

In the modern context of corporate law, the study of the effectiveness of the protection of corporate rights of participants in limited liability companies (hereinafter – LLC) is an extremely relevant topic for research. Limited liability companies are the most common organisational and legal form among legal entities for conducting business activities in Ukraine, especially at the levels of small and medium- sized businesses. In this regard, the legislative regulation should be based on accessible and reliable mechanisms for protecting the rights and interests of participants, and quick and fair resolution of internal conflicts that may threaten the viability of the business. The processes of state registration of information about limited liability companies are defining components of the transparency of business activities of this type of legal entity. The article focuses on the importance of the unity of law enforcement practice and legal positions of commercial courts in consideration of corporate disputes, which is an important factor for the protection of property rights, stimulation of investments, and ensuring the stability of the corporate sector of the economy. The legal positions of the Supreme Court regarding the exhaustive list of ways to protect the rights of an LLC member have been explored. It is noted that to protect the rights of members of limited liability companies in cases where their corporate rights have been violated, it is important to consider the provisions of part 5 of article 17 of the Law of Ukraine “On State Registration of Legal Entities, Individual Entrepreneurs and Public Organisations”. An analysis of judicial decisions reveals controversial issues regarding the application of the provisions of this Law. Within this article, an assessment of the effectiveness of current mechanisms for protecting corporate rights is provided, opportunities for their improvement are identified, and recommendations for improving legislative regulation and judicial practice are developed. Special attention is paid to the analysis of ways to protect the rights and interests of participants in the context of state registration of changes to the charter capital and the amounts of membership interests, as well as the assessment of the proportionality and adequacy of the applied measures.

Записки, резолюции и штаты в системе нормативных правовых актов Российской империи в начале XIX века

In the early XIX century, the legal practice of the Russian Empire used several forms of normative legal acts. The legalized forms were provided for by Article 53 of the Code of Laws of the Russian Empire. The list included manifestos, decrees, instructions, etc. The author matched normative legal acts with the legal prescriptions that implemented them, as well as identified the forms of normative acts that were not provided for by the Code of Laws. The Complete Collection of Laws of the Russian Empire also contained some other forms of normative acts, not mentioned in the Code. These other forms included timesheets, posters, plans, journals, etc., approved by the Emperor. States, resolutions, and notes were the most popular variants. States determined the composition of a specific business entity or element of a state mechanism, e.g., a ministry, an office, a police or military unit, etc. Sometimes, they indicated positions and corresponding salaries. Resolutions were Emperor’s written responses to an action (message or act) of a government representative. Notes were proposals of specific measures and actions sent to the Emperor by a government representative. The Emperor gave them legal force with certain formulas, e.g., To Execute or So Be It. These forms of acts were quite wide-spread during the reform period. The article describes the place of states, resolutions, and notes in the system of normative acts, as well as provides their quantitative analysis.

Problematic aspects of the implementation of legal guarantees of human and citizen rights in Ukraine

The article describes the basic rights and freedoms of a person and a citizen, which are inalienable rights and freedoms enjoyed by a person from birth. They form the basis of the legal status enshrined in the state constitution and enjoy the highest legal protection. The most important and complex relations between people and the relations between the state and the person in legal form are regulated by formulating the rights, freedoms and obligations underlying the legal status of a person, which is one of the most important not only legal, but also juridical. also political categories. The most important features of the rights and freedoms of a person and a citizen are: naturalness, continuity, equality, social justification, respect for international standards, state guarantee. The problem of guaranteeing the rights and freedoms of a person by giving them a real character is not only of a practical nature. In the modern context of the development of the rule of law and civil society, it is important to develop a holistic scientific concept of human rights and freedoms, which covers a wide range of theoretical provisions regarding the essence and content of rights and freedoms, their structure and mechanism. Local self-government bodies play an important role in ensuring constitutional rights and freedoms. A real environment for the existence of human rights is possible in the conditions of a democratic state governed by the rule of law. Democracy, rule of law and human rights are inseparable. The rule of law is a guarantee of the reality of human rights in terms of protection from violations by the authorities, and human rights are the main condition and characteristic of democracy, the humanistic and human dimension of the rule of law. The article concludes that the basis of democracy in the state is the guarantee of the rights and freedoms of man and citizen by the Constitution of the state, not only formally, but also in practice. Therefore, taking into account the individual shortcomings of state bodies in regulating the system of human and citizen rights, the number of human rights organizations is growing day by day, both at the national and international levels. At the same time, the article concludes that it is impossible to build a legal state in a society with developed legal nihilism. And respect for the rights of society can be caused only by concern for the same rights of people and citizens.

Commercial disputes resolution regarding non-fulfillment of obligations as a result of sanctions (restrictive measures)

The article examines the problematic aspects of the economic and legal consequences of the application of state sanctions, which lead to the need for actual termination of economic relations with the counterparty to which state restrictive measures (sanctions) have been applied and the need to resolve property issues and disputes that may arise as a result of such termination. It was established that the legislation on sanctions does not contain special legal rules regarding the procedure for termination of legal relations involving the sanctioned entity. In fact, interested parties are forced to act at their own discretion, using general commercial and civil law remedies, which are not adapted to the special sanctions conditions, and therefore are sometimes unable to resolve disputed situations. It was concluded that there are legal problems in determining the legal grounds for terminating economic relations in connection with the application of sanctions (restrictive measures) and its legal consequences. The solution to this problem should be based on a broad analysis of the practice of similar controversial situations that arise when sanctions are applied. At the same time, the conducted research provides grounds for a conclusion regarding the direction of improving the legal regulation of the application of state sanctions. We believe that economic, civil legislation and legislation on sanctions (restrictive measures) should be systematically supplemented with a complex of legal provisions aimed at regulating the economic and civil legal consequences of the application of sanctions (restrictive measures) to subjects who, at the time of such application, were in contractual relations according to the legislation of Ukraine. In particular, it would be expedient to determine special legal grounds, forms and procedures for termination of contractual obligations in connection with the application of sanctions (restrictive measures) to their party(ies), as well as special rules for the settlement of property and non-property interests of the parties as a result of such termination, since the general commercial and civil law remedies are not adapted to special sanction conditions, and therefore are sometimes unable to resolve disputed economic situations.

International Legal Approach to Understanding Energy Diplomacy

INTRODUCTION. The relevance of the research topic is determined, firstly, by the increasing importance of energy diplomacy for solving modern problems arising in the field of international energy cooperation, and secondly, by the significance of studying the problems of energy diplomacy from the point of view of the science of international law. Despite the fact that energy diplomacy is being formed and realizing its potential in the international legal environment, it is not given adequate attention to its role in the legal literature, including in scientific works on international law, which, in turn, looks like a gap in international legal science. The purpose of the work is to substantiate the international legal concept of energy diplomacy, to identify its connection with the classical model of diplomacy and at the same time specific, to objectively identify the main directions of the relationship between energy diplomacy and international law.MATERIALS AND METHODS. When writing the work, scientific works related to the topic, international treaties and documents of international law, acts of national legislation of states are analyzed. General scientific and special methods of cognition, including comparative legal and formal legal, were used as a research method.RESEARCH RESULTS. Energy diplomacy is derived from the “classical” model of diplomacy. There are various interpretations of diplomacy, focusing on its various aspects and manifestations. The article substantiates the understanding of diplomacy as a means of implementing the state’s foreign policy through the activities of special entities (bodies of foreign relations) using non-military techniques and methods in accordance with international law. The evolution of diplomacy and the emergence of its new forms are traced, their specificity and international legal component are noted. Taking into account the specifics of energy, international energy cooperation, their legal support based on the potential of international and national law, the independent nature of energy diplomacy, its increasing role in modern conditions is substantiated. The specific features of energy diplomacy are identified and its concept is proposed, taking into account the international legal component. In modern conditions, full-fledged regulatory and institutional legal foundations of the EU’s foreign energy policy and energy diplomacy have not developed. It is noted that the legitimacy of unilateral restrictive measures applied in energy diplomacy by a number of states is indisputable from the point of view of international law. The main directions of the relationship between energy diplomacy and international law are outlined in detail, options for legitimizing the national interests of states in the energy sector based on the potential of international law are highlighted.DISCUSSION AND CONCLUSIONS. The main conclusions of the study are as follows. Firstly, energy diplomacy is a new functional area of diplomatic activity. It has a single essence with “classical” diplomacy (to serve as a means of implementing foreign policy, in accordance with international law) and, at the same time, is characterized by a number of features derived from the energy sector and energy law (a special focus on the implementation of the goals and objectives of the state's foreign energy policy, the participation of energy departments in it and the connection of energy companies, methods used in it). Secondly, energy diplomacy and international law in the process of their development and functioning are mutually linked and have a reciprocal influence. International law, firstly, defines the legal framework and forms of implementation of energy diplomacy (as well as diplomatic activity in general), and secondly, plays a decisive role in legitimizing the national interests of states in the field of foreign energy policy carried out through energy diplomacy. In turn, energy diplomacy, relying on the potential of international law, contributes to ensuring energy security (national and international) and, thereby, to maintaining the international energy order. In general, energy diplomacy influences the process of creation and operation of international law norms and contributes to the development of international law.