On contracts for the electric power supply
Abstract
Features of contracts for electric power supply, purchase and sale (supply) of it are discussed in the paper. A comparison of these contracts is made. The persons granted with the rights and responsibilities to enter into these contracts are identified. It is noted that the legislation on the electric power industry is inconsistent in distinguishing between contracts for electric power supply, on one side, and purchase and sale contracts, on the other. For instance, it is permitted to enter into electric power supply contracts, in particular, for guaranteeing suppliers which are acknowledged as energy sales organizations but not energy supply organizations. As a result, a person who does not have the necessary technical devices, i. e. a connected network to the consumer’s (customer’s) networks, engages electric grid organization to provide electric power transmission services to the consumer. Electric power transmission services are provided upon concluding sales and purchase agreements. They are provided on the basis of a contract for the provision of electric power transmission services. This contract is considered to be consistent with the concept of such contracts. The absence of a sign of a connected network under an energy supply contract is an optional exception to the general rules and it negates the specified division of contracts for the electric power supply. The article examines the legal issues of energy supply and purchase and sale contracts. It is noted that the legislative regulation of contracts for the supply of electric power requires improvement, incl. in order to eliminate contradictions in it.References
- Agarkov, M.M. (1924). Civil Code: Practical Commentary. Moscow. (in Russ.).
- Bogdanov, A.I. (2017). Exercise by the supplier of last resort of the right to unilaterally refuse to fulfill an energy supply contract (purchase and sale (supply) of electrical energy (power). Energy and Law, 1. pp. 18–21. (in Russ.).
- Braginsky, M.I., Vitryansky, V.V. (2001). Contract law. Book two. Agreements on the transfer of property. Moscow. (in Russ.).
- Butuzova, E.V. (2021). Current problems of energy supply in the Russian Federation. Trends in the development of science and education, 79–6. pp. 18–21. (in Russ.).
- Dobrinsky, R.A. (2014). Determination of the parties to an energy supply agreement and their characteristics. Science and World, 5–2. pp. 117–119. (in Russ.).
- Erdelevsky, A. (1999). Interpretation of the contract. Russian justice. 1999, 4. pp. 13–14. (in Russ.).
- Gabov, A.V., Cherkesova, L.I. (2021). Implementation of the principle of freedom of contract when concluding contracts for the purchase and sale of electrical energy in retail electricity markets. State and Law, 7. pp. 135–150. (in Russ.).
- Gabov, A.V., Tonkov, E.E., Shalaikin, R.N., Turshuk, L.D. (2023). Energy law: models and development trends (review of reports of the IV International Scientific and Practical Conference). Proceedings of the Institute of State and Law of the Russian Academy of Sciences, Vol. 18, 1. pp. 215–230. (in Russ.).
- Gavze, F.I. (1969). The purpose of the agreement between socialist organizations. Problems of improving Soviet legislation and the activities of government bodies. Republican scientific conference: abstracts of reports. Minsk. (in Russ.).
- Gerasimov, A.V., Kharitonov, I.K. (2016). Legal status of the guaranteeing supplier in the energy supply agreement: problems and prospects. Society and Law, 3. pp. 45–48. (in Russ.).
- Gerasimov, O.A. (2018). The effectiveness of legal regulation of energy supply and energy saving in the real sector of the economy. Social and legal mechanisms for ensuring energy saving: current state, trends and development prospects: Collection of articles of the All-Russian Scientific and Practical Conference. Krasnodar. pp. 37–44. (in Russ.).
- Golovkina, D.V. (2015). On the subject of the energy supply agreement. Bulletin of Perm University. Legal sciences, 2. pp. 49–54. (in Russ.).
- Halfina, R.O. (1952). The meaning and essence of the contract in Soviet socialist civil law. Moscow. (in Russ.).
- Kashanin, A.V. (2001). The cause of a civil contract as an expression of its essence. Journal of Russian Law, 4. pp. 93–104. (in Russ.).
- Klinova, E.A. (2010). Subjects of legal relations arising from an energy supply agreement. Bulletin of Economics, Law and Sociology, 1. pp. 81–84. (in Russ.).
- Korneev, S.M. (1956). Agreement on the supply of electricity between socialist organizations. Moscow. (in Russ.).
- Korneev, S.M. (1995). Legal nature of the energy supply agreement. Law, 7. pp. 118–121. (in Russ.).
- Krassov, E.O. (2014). The concept of an organizational agreement in the sphere of organizing the supply of electrical energy. Proceedings of the Institute of State and Law of the Russian Academy of Sciences, 1. pp. 158–169. (in Russ.).
- Krassov, E.O. (2024). Agreement on the implementation of technological connection to electric grid facilities and the concept of “connected network” in the electric power industry. Legislation, 2. pp. 11–20. (in Russ.).
- Mametova, R.A. (2007). Energy supply agreement. Energy law, 2. pp. 25–32.
- Matiyashchuk, S.V. (2007). Concept, legal nature and distinctive features of a power supply agreement. Bulletin of notarial practice, 4. pp. 2–6. (in Russ.).
- Nikolina, O.A. (2006). Parties to the energy supply agreement. Legislation and economics, 12. pp. 49–54. (in Russ.).
- Osipchuk, E. (2003). New structure of contractual relations in the Russian energy market. Legality, 8. pp. 9–12. (in Russ.).
- Pronina, E.V. (2020). Problems of legal regulation of concluding an energy supply agreement. Scientific works of Moscow University for the Humanities, 1. pp. 53– 58. (in Russ.).
- Romanets, Yu.V. (1999). The focus of the contract as the basis for its qualification. Law and Economics, 9. pp. 63–65. (in Russ.).
- Sadikov, O.N. (1961). Legal issues of gas supply. Moscow. (in Russ.).
- Sadikov, O.N. (Ed.). (2006). Commentary on the Civil Code of the Russian Federation, part two (item by article). Moscow. (in Russ.).
- Seinaroev, B.M. (1971). Legal regulation of electricity supply to socialist enterprises and organizations. Moscow. (in Russ.).
- Seinaroev, B.M. (1975). Legal issues of contracts for the supply of electricity to enterprises and organizations. Alma-Ata. (in Russ.).
- Senek, A. (2005). Tariff for light. EZh-Lawyer, 33. (in Russ.).
- Serebryakova, S.A. (2019). Energy supply agreement: types and procedure for concluding with the consumer. Power of the Law, 3. pp. 222–227. (in Russ.).
- Shafir, A.M. (1990). Energy supply to enterprises: Legal issues. Moscow. 1990. (in Russ.).
- Shafir, A.M. (2014). Model of the contract for energy supply through the connected network and the specifics of the economic relations mediated by it. Energy and Law, 3. pp. 33–42; 4. pp. 43–52. (in Russ.).
- Shafir, A.M. (2016). The concept and system of contracts for supply through an interconnected network. Journal of Russian Law, 1. pp. 47–54. (in Russ.).
- Sherstobitov, A.E. (2006). Civil Code of the Russian Federation and legislation on the protection of consumer rights on contracts with the participation of consumers. Current issues of state and law in the Russian Federation and the Republic of Macedonia: Collection of scientific articles. Vol. 1/Ans. ed. A. E. Sherstobitov. Moscow. (in Russ.).
- Sinyugin, V.Yu. (Ed.). (2003). Article-by-article scientific and practical commentary on the Federal Law “On Electric Power Industry”. Moscow. (in Russ.).
- Sukhanov, E.A. (Ed.). (2023). Civil law. Textbook. Vol. 3. Moscow. (in Russ.).
- Svirkov, S.A. (2012). Legal characteristics of electricity turnover. Current problems of Russian law, 3(24). pp. 135–144. (in Russ.).
- Svirkov, S.A. (2012). Legal status of the last resort supplier and problems of competition in the retail electricity market. Energy and Law, 3. pp. 45–49. (in Russ.).
- Svirkov, S.A. (2012). On the issue of ownership of electricity. Lex Russica (Russian Law). Vol. 71, 6. pp. 1248–1263. (in Russ.).
- Svirkov, S.A. (2012). Qualification of an energy supply agreement at the current stage of development of relations in the electric power industry. Civilist, 1. pp. 48–53. (in Russ.).
- Svirkov, S.A. (2014). System of implementation agreements in civil law. Economy and Law, 6. pp. 68–76. (in Russ.).
- Tsibirova, I.G. (2003). Responsibility of the parties under the energy supply agreement. Legal issues of electric power industry, 1. pp. 32–39. (in Russ.).
- Vasin, V.N., Kazantsev, V.I. (2005). Purchase and sale agreement (logical and legal analysis of anomalies). Russian Judge, 4. pp. 27–30. (in Russ.).
- Zaichenko, N. (2008). The importance of the subject of the energy supply agreement for the legal regulation of obligations in the electric power industry. Lawyer, 4. pp. 44–48. (in Russ.).
- Zaichenko, N.M. (2007). Subject of the energy supply agreement: abstract. dis. …cand. legal Sci. Moscow. (in Russ.).
- Zakharov, Yu.Yu. (2005). Legal forms of electricity turnover in the context of reforming the electric power industry. Legislation and Economics, 7. pp. 15–20. (in Russ.).
- Zankovsky, S.S. (2006). Energy security of Russia: legal issues. Energy Law, 2. (in Russ.).
- Zhane, A. D. Commentary on the Federal Law “On Electric Power Industry” dated March 26, 2003 No. 35-FZ. (in Russ.).
PDF, ru

This work is licensed under a Сreative Commons Atribiution - NonCommercial 4.0 International (CC BY-NC 4.0)
Received: 08/30/2024
Accepted: 10/28/2024
Accepted date: 11/20/2024
Keywords: energy supply, purchase and sale, contract, electrical energy, electric power industry
DOI Number: 10.55959/MSU0130-0113-11-65-5-11
To cite this article

This work is licensed under a Сreative Commons Atribiution - NonCommercial 4.0 International (CC BY-NC 4.0)

