ISSN 0201–7385
ISSN 0130–0113
En Ru
ISSN 0201–7385
ISSN 0130–0113
Service contract for transmission of electric power: legal characteristics

Service contract for transmission of electric power: legal characteristics

Abstract

Civil law legal forms are being “transplanted” to electric power legislation. Special rules governing social relations in the electric power industry are not often being coherent to general rules set up in the civil law. There are many exceptions to the rules that don’t specifically allow to determine the legal nature of contractual forms that are used in the electric power legislation. The electric power transmission services contract is not an exception. 

Particular emphasis in the work is given to the lack of a legal definition of the concept of “provision of electric power transmission services” in the legislation. This does not allow us to determine the scope of the contract, as well as the content of the actions carried out in the provision of electric power transmission services. The question of the advisability of including a condition on the quality of electric power as an essential condition of the contract by analogy with an energy supply contract is considered. 

The work examines the general legal nature, differences from the agreement on technological connection, including parties “to the contract legal rights arising in the course of the contract, and its public and binding nature”. 

Despite the approach declared by law regarding the public nature of the contract, the procedure for sending an offer to conclude it does not comply with the rules established by the Civil Code of the Russian Federation on public contracts. In this regard, at the end of the work, proposals were formulated to improve the legislation when the agreement is concluded in the legal form of an adhesion agreement.

References

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Received: 07/17/2023

Accepted: 12/11/2023

Accepted date: 04/01/2024

Keywords: provision of services, transmission of electric power, services contract, public contract, binding contract, electric power quality, electric power industry

DOI Number: 10.55959/MSU0130-0113-11-65-1-8

To cite this article
Issue 1, 2024