The subject of the research comprises the legal mechanisms of counter-sanctions regulation in the Russian Federation and the specific features of the transformation of the institutions of legal liability and judicial protection under conditions of external sanctions pressure, with particular reference to the oil and gas industry as a strategic sector of the economy. The focus is placed on the evolution of statutory provisions and law-enforcement practice aimed at adapting sectoral regulation to restrictions affecting the export of energy resources, cross-border settlements, corporate transactions, currency operations, and the performance of obligations involving a foreign element. The study analyzes both public law instruments designed to safeguard economic sovereignty and their impact on private law constructions of liability, risk allocation, and the balance of interests among participants in civil circulation. The purpose of the research is to identify systemic contradictions between measures of state intervention and the principles of party autonomy, freedom of contract, and equivalence of liability, as well as to develop proposals for improving legislation and ensuring uniform judicial practice within a sanctions-determined legal environment. The methodological framework is based on formal-legal and systemic analysis of statutory acts and judicial decisions, supplemented by a comparative legal approach to assessing doctrinal positions concerning force majeure, impossibility of performance, and anti-sanctions procedural mechanisms. The novelty of the study lies in the formulation of a sector-specific approach to improving the authorization-based regime of counter-sanctions measures in the fuel and energy complex through standards of predictability (procedures, time limits, and anonymized reasoning of decisions), as well as in proposing a “sanctions justification test” for legal liability (“barrier – impact – reasonable measures – documentation – good faith”). The paper concludes that both legislative and judicial limitations are required to curb the expansive application of anti-suit injunctions and judicial penalties (astreinte), and that clarifications by the highest judicial authority are advisable with regard to standards of proof and the proportionality of sanctions-related procedural measures. The findings may be used in legislative drafting, judicial practice, and corporate compliance within entities of the fuel and energy sector. It is further concluded that a special legal regime of liability and judicial protection is emerging under conditions of sanctions pressure, requiring further doctrinal elaboration.
Emil Vilevich Sakhibgareev (Sun,) studied this question.
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