Legal regulation of access to technological infrastructure in the fuel and energy sector

Abstract

The article analyzes the doctrinal foundations of technological connection as an institution of energy legislation, as well as its main features and problems of law enforcement. At the same time, the multidimensional nature of this institution is emphasized, in particular, including technological, economic and legal aspects. The expediency of legislative consolidation of the right of access to energy infrastructure for consumers of energy and energy resources, which must be distinguished from factual (technological) actions aimed at its implementation, is shown. The possible cases of denial of access to technological infrastructure and their consequences are analyzed, the need for regulation of such consequences for network and resource transportation organizations is shown. From the doctrinal and law enforcement positions, the question of the legal nature of the technological connection agreement is investigated, while the impossibility of its legal qualification as a sui generis contract is shown. The legal qualification of the contract for technological connection is related to the issue of the customer’s right to unilaterally refuse to execute the contract for technological connection, which is an important element of its legal status. When studying the issue of alienation of the right to the connected capacity, it is concluded that its alienation is permissible, provided that mechanisms are created to prevent abuse of the right in this area.

References

1. Braginsky, M.I. and Vitryansky, V.V. (2001). Contract law. Book one: General provisions. Moscow (in Russ.).
2. Braginsky, M.I. (2004). Contracts aimed at creating collective entities. Moscow (in Russ.).
3. Zhane, A.D., Muravyeva, M.S. and Petrov, P.A. (2020). Disputes in the field of energy supply: a collection of legal positions of higher courts. Moscow (in Russ.).
4. Zakharov, Y.Y. (2005). Legal aspects of reforming the electric power industry. Moscow (in Russ.).
5. Seinaroev, B.M. (1975). Legal issues of the contract for the supply of electricity to enterprises and organizations. Alma-Ata (in Russ.).
6. Smagin, A.V. (2013). The agreement on the implementation of technological connection as an independent transaction in the electric power industry: actual problems. Energy and law, 2, pp. 37–45 (in Russ.).
7. Shafir, A.M. (1990). Power supply of enterprises (legal issues). Moscow (in Russ.).
8. Shakhovnin, A. (2012). Responsibility of the applicant. Electricity: transmission and distribution, 6(15), pp. 32–33 (in Russ.).
9. Lakhno, P.G. and Zekker, F.J. (Eds.) (2011). Energy law of Russia and Germany: comparative legal research. Moscow (in Russ.).