Civil law regulation of energy supply. Chapter 1. Energy supply and its civil law regulation

Introduction
Chapter I. Energy supply and its civil law regulation
Chapter P. The concept, types, elements and terminology of the energy supply agreement
The concept and types of energy supply contracts
Elements of an energy supply contract
Terminology of the energy supply contract

Chapter IV. Conclusion of an energy supply contract
Chapter V. Responsibility of the parties to the energy supply agreement
Chapter VI. Change and termination of the energy supply contract
Conclusion
Bibliography
Application

Chapter I. Energy supply and its civil law regulation.
The energy supply contract as a separate type of sale and purchase agreement occupies a special place among its other types, due to the pronounced specifics of its subject - energy. “It is the features of the object that predetermine the need for special rules governing legal relations related to the supply of energy through the connected network” 1 . The supply of energy differs from the sale of ordinary goods mainly in that the transfer of energy as a commodity to the buyer (consumer) is possible only with the use of special technical means. These primarily include a network of wires through which energy belonging to the supplying organization flows to the consumer's network. Therefore, for the implementation of energy supply, the presence of wires (electrical, thermal) connecting the seller and buyer of energy is required - the connected network. The energy supply takes place via the connected network.
Energy cannot be regarded as an ordinary object of the material world, as a bodily thing; it is a property of matter, and matter, which is given a certain "state (voltage, water temperature, etc.). This property is found in the ability to produce useful work, ensure the performance of various technological operations, create the necessary conditions for work and rest people (lighting, ventilation, heating, etc.).
Energy, taking into account its physical properties, cannot be accumulated in significant quantities, stored, like other goods, in warehouses, in special containers. Useful properties of energy are realized in the process of its use, consumption. The result of use may be work performed, a technological operation, etc. But the energy itself disappears, it does not materialize in products or in any other form. The fact that it existed and was used is recorded in the meter readings.
However, the energy, while it is in the network, belongs to the one who is the owner of the network and (or) the source that generates the energy. Among the powers of the supplying organization as an owner, the most important is the right to dispose of energy, which is realized in the form of its sale (vacation) to buyers (subscribers) or through other transactions (for example, a loan). Along with this, the supplying organization usually consumes a certain amount of energy for its own needs.
The powers of possession, use and disposal that the subscriber exercises in relation to the energy he receives mean the ability to direct it at his own discretion, in compliance with the current rules and conditions of the contract, to ensure the operation of equipment, various technological needs, for heating, hot water supply, etc. It is also possible to dispose of energy, especially electricity, by reselling it to subscribers.
The considered features of energy supply as an economic activity and the features of energy as a physical substance have a significant impact on the legal regulation of relations in the field of energy supply. When using the concept of "energy supply", the law refers mainly to the supply of electrical energy. Relations in the field of supply of thermal energy are subject to independent regulation, but under certain conditions, they can be subject to the rules on energy supply, among which the rules governing the supply of electrical energy predominate.
Consumers are supplied with energy on the basis of contracts.
The question of the place of the electricity supply contract in the system of contractual obligations long time caused significant difficulties in the science of civil law, which were associated with a different understanding of the physical nature of electricity and the possibility of recognizing it as an object of legal relations, a type of property.
So, M.M. Agarkov believed that the contract, according to which the power plant undertakes to supply the consumer with electrical energy, cannot be “summed up” for sale, since the subject of sale and purchase, according to the law, can only be the transfer of property to the other party. Property includes things and rights. Electrical energy is neither a right nor a thing. MM. Agarkov came to the conclusion that the contract for the supply of energy should be considered a work contract, since according to this contract, "the power plant undertakes to perform the work necessary to deliver energy to the consumer, and not transfer any property to the latter." But the interpretation of the electricity supply agreement as a contract cannot be considered convincing. For a work contract, the performance by the contractor of work on the instructions of the customer is of decisive importance, and the customer has the right at any time to check the progress and quality of work, without interfering in the economic activities of the contractor, to control the progress of his assignment. All this is completely uncharacteristic of an energy supply contract. The point of view, according to which the energy supply contract should be attributed to the contractual type of supply, has received considerable distribution in science. This interpretation of the treaty under consideration is most clearly expressed in the works of B.M. Seinaroev, who believes that "the contract for the supply of electricity in terms of the nature of the relations mediated by it, in terms of the basic rights and obligations of the parties, has no fundamental differences from the supply contract" . More cautiously and less definitely formulates a similar view of O.S. Ioffe. In his opinion, contracts for the supply of energy "can neither be separated from the supply nor identified with it", they "are directly adjacent to the supply agreement." The stated position had a certain basis at a time when, both in science and in legislation, the supply contract was interpreted as completely independent, significantly different from the contract of sale. But in modern conditions, such an interpretation is impossible, since both in science and in legislation, both of these contracts are considered as types of a contract of sale.
In the literature, the opinion was expressed that the power supply contract should be recognized as an independent, special type of contract in the system of civil law contracts. This was justified by the fact that the electricity supply contract differs in such significant features that together create a qualitative difference between it and the supply, and from the purchase and sale, and from all other civil law contracts. However, in science, the idea has gradually developed that the electricity supply contract is “closely related” to a group of contracts aimed at transferring goods by one party to the ownership of the other party. Therefore, there is no reason to interpret it as a completely independent contract of civil law.
For the first time, at the level of law, relations in the sphere of energy supply were regulated by the Fundamentals of Civil Legislation of 1991, where a contract for the supply of energy and other resources is considered as a type of sale. The energy supply contract provided for by the Civil Code is also interpreted as a special type of sale and purchase.
It should be recognized that the general rules! on sale and purchase are applicable to energy supply relationships only to a small extent. However, the main thing that characterizes the purchase and sale is applicable: the transfer of goods (in this case very specific) from the property of the seller to the property of the buyer. Most of the other rules apply only to the power supply.
In many legal systems, electricity is not considered a commodity and its sale has its own characteristics. This was the reason for the exclusion from the scope of the Vienna Convention of contracts for the sale of electricity.

Chapter II. The concept, types, essential conditions and terminology of the energy supply contract.
2.1. The concept and types of energy supply contracts.
Under the power supply agreement, the power supply organization undertakes to supply the subscriber (consumer) with energy through the connected network, and the subscriber undertakes to pay for the received energy, as well as to comply with the mode of its consumption provided for by the agreement, to ensure the safety of operation of the energy networks under his control and the serviceability of the devices and equipment used by him, connected with energy consumption (clause 1 of article 539 of the Civil Code).
At the turn of the XIX - XX centuries. energy supply has become necessary element life of society, a prerequisite for the development of the economy. The supply of energy in one form or another needs most of the objects used by modern civilization: electric cars, industrial equipment, dwellings, electronic devices, etc. The legal form that mediates the processes of energy consumption is the energy supply contract.
From the point of view of the classification of objects of civil rights, energy is a movable, simple, divisible, consumed thing, determined by generic characteristics. The natural specificity of this product determines a number of essential features of its turnover. These are the continuity (continuity) of the processes of production, transportation and consumption of energy, the limited possibility of its storage (warehousing), the impact of consumer activity on the quality of goods, the existence of unified systems of energy and gas supply throughout the country. 7 Usually, the transfer of energy to the consumer is impossible without the use of special technical means, appropriate infrastructure: power lines, gas and water pipelines, transformer and pumping stations, etc. Energy consumption also requires special equipment: utilities, instrumentation, security equipment . The system of technical devices that ensure the receipt and safe use of energy by the consumer is called the connected network.
The possibility of transmission and consumption of energy only through the connected network is one of the main features of the energy supply agreement. It allows you to distinguish it from similar obligations, such as deliveries. So, the contract under which the sale of natural gas in cylinders is carried out will be formalized as a supply or sale. If the gas is transferred to the consumer through the connected network, then there is an energy supply contract.
This contract is a kind of contract of sale and is regulated by the norms of § 6 of Chapter 30 of the Civil Code. In the part that does not contradict the code, there are special regulations on energy supply. The remaining unresolved issues can be resolved on the basis of the general provisions of the Civil Code on the sale, but not the delivery standards.
Unlike a purchase and sale agreement, which provides for the buyer's obligation to "accept the goods", under an energy supply agreement, the subscriber "obliges to pay for the received energy." This means that, in principle, he is not obliged to accept the goods, that is, to receive a certain amount of energy. In addition, the energy supply agreement is characterized by such obligations of the subscriber that are not characteristic of the sale and purchase: compliance with a certain mode of energy consumption, ensuring the safety of energy networks and the serviceability of the devices and equipment used by him related to energy consumption. Finally, this contract is not characterized by such attributes of many sales contracts as the warranty period and shelf life of the goods, the completeness of the goods, containers and packaging, etc.
The energy supply agreement is consensual, compensated, mutual. By virtue of the direct indication of paragraph 1 of Art. 426 of the Civil Code is a public contract, however, the subscriber has the right to demand its conclusion only if he has the necessary power receiving equipment connected to the networks of the energy supply organization (clause 2 of article 539 of the Civil Code of the Russian Federation).
Depending on the subject and composition of the participants in the energy supply agreement, its varieties are distinguished, such as:
contract for the supply of electricity;
agreement on reverse power flows. The parties to this agreement are two energy supplying organizations (power plants), which undertake to make up for each other's energy or capacity deficit during periods of peak loads or declines in energy consumption. As a result, there is a consistent flow of energy in opposite directions - a reverse;
agreement on mutual reservation of power supply. Its parties are two industrial subscribers (energy consumers), mutually guaranteeing an uninterrupted supply of energy to each other. If one of the subscribers cannot receive energy through its attached network, it will be supplied by another subscriber;
- gas supply contract. The terms of this agreement differ significantly depending on who the consumer is: an intermediary sales organization or an end consumer;
- contracts for the supply of thermal energy, water, oil and oil products, and others.
The allocation of special types of energy supply, due only to the personality of consumers (manufacturing, agricultural enterprises, public institutions, other non-profit organizations, etc.), is inappropriate, since these features mainly affect only the price of the contract. However, the specificity of the power supply of citizens' subscribers is also manifested in the special nature of the rights and obligations of the parties under the contract, which makes it possible to single it out as a special type of power supply contract.
The Civil Code does not contain special requirements for the form of an energy supply contract. Therefore, during its execution, the general provisions on the form of transactions must be observed. When concluding an energy supply agreement with a subscriber - a legal entity, compliance with a simple written form is required (clause 1, article 161 of the Civil Code).
If a citizen uses electrical energy for domestic consumption, the registration of contractual relations with him takes place by "actual connection" in the prescribed manner to the connected network (clause 1 of article 540 of the Civil Code). The actual connection is preceded by the submission of an application by the citizen to the energy supply organization, inspection of his electrical wiring, sealing of the meter; statements of payment documents for the used electricity. It seems that these actions testify to the written registration of contractual relations with a citizen subscriber, albeit in a peculiar way.
2.2 Elements of an energy supply contract.
Citizens and legal entities can act as parties to an energy supply agreement. The seller under the contract is usually an entrepreneur - an energy supply organization (power plant, gas producer or reseller). In order to develop competition in certain commodity markets (for example, electricity), the state establishes special requirements for the subject composition of energy supply contracts. Thus, the sale and purchase of electrical energy on the federal wholesale electrical energy market is carried out on the basis of agreements with the Russian Joint Stock Company "UES of Russia" or organizations authorized by it. What is stated in paragraph 8 of the Basic Principles for the Functioning and Development of the Federal (All-Russian) Wholesale Electricity (Power) Market, approved by the Decree of the Government of the Russian Federation "On the Federal (All-Russian) Wholesale Electricity (Power) Market" dated July 12, 1996 No. 793, as amended on November 18, 1996 and August 28, 1997. 11 But the legal nature of the agreement with the participation of UES of Russia is very uncertain. Its full regulation is impossible without the use of norms on energy supply contracts. Accordingly, UES of Russia acts either as a buyer or seller of electricity. In some cases, the seller under an energy supply agreement may be a primary consumer who transfers the energy he has received to another person (sub-subscriber) with the consent of the energy supply organization. "Although the legislation is very laconic in defining the content of sub-subscriber agreements (Article 545 of the Civil Code). Here there is a plurality of persons on the seller's side (energy supply organization and primary consumer). Some of the seller's rights and obligations belong either to the energy supply organization or to the subscriber, others are exercised by them together.
The buyer under the contract can be both a legal entity (including a reseller) and a citizen. In accordance with the Rules for the use of electrical and thermal energy of December 6, 1981, only a legal entity, for example, a housing organization in charge of the house, can act as a buyer under the contract. In this case, according to E.D. Sheshinin, a citizen - a tenant of a dwelling only performs certain duties and is liable under the contract, without participating in it. 12 This construction is controversial. In addition, with the adoption of part two of the PS of the Russian Federation, the possibility of a citizen to act as a subscriber in an energy supply agreement has become indisputable. The relevant provisions of the Rules for the use of electrical and thermal energy should be applied insofar as they do not contradict the Civil Code.
The subject of an energy supply contract, which is its only essential condition, is usually energy (in various forms) and energy carriers, that is, substances that release energy in the process of their use (steam, gas). By virtue of the direct indication of paragraph 2 of Art. 548 of the Civil Code, other goods can also be the subject of this agreement: oil and oil products, water, and this list is open. How to determine the range of goods that can be sold on the basis of an electricity supply agreement? If the transfer and use of the products by the recipient is possible only with the help of a special interconnected network, their circulation will be carried out in the form of an energy supply contract.
The contract price in most cases is determined not by the parties themselves, but by tariffs approved by the state. They differ depending on the subject composition of the contract and are periodically indexed to inflation rates.
The energy supply contract, as a general rule, is considered concluded for an indefinite period (paragraph 2 of article 540 of the Civil Code). However, contracts involving legal entities usually contain a condition on a period, the duration of which is determined by the parties themselves. Paragraphs 2 and 3 of Article 540 of the Civil Code establish special rules on deadlines aimed at ensuring an uninterrupted supply of energy to consumers. Thus, a contract concluded for a period is considered extended for the same period, unless either party declares otherwise before its expiration. If a party has made a proposal to conclude a new agreement, then the previous agreement continues to be valid until it is replaced by a new one.
The form and procedure for concluding a contract differ depending on the personality of the subscriber and the purpose of using the goods. Thus, a contract for the supply of energy to legal entities or individual entrepreneurs is always concluded in writing. If the subscriber is a citizen using energy for domestic consumption, the contract is considered concluded from the moment the subscriber is first actually connected to the connected network in the prescribed manner (clause 1 of article 540 of the Civil Code). This rule has two meanings. Firstly, a citizen's energy supply contract can be concluded by performing conclusive actions - connecting to the network (without putting it in writing). Secondly, such an agreement, made in writing, will enter into force only from the moment of actual connection to the network.
In part, this weakens the consensual nature of the citizen's energy supply contract. However, it still does not become real, since connecting to the network does not yet mean the actual transfer of goods.
2.3. Terminology of the energy supply contract.
To clarify the essence of energy supply contracts, we will use the terminology given in them.
Subscriber - a consumer directly connected to the networks of an energy supplying organization, having with it the boundary of the balance of ownership of electrical (heat) networks, the right and conditions for the use of electrical (thermal) energy of which are stipulated by an agreement between the energy supplying organization and the consumer or its superior organization. For household consumers - an apartment, a building or a group of territorially united buildings of personal property.
Balance affiliation boundary - the dividing point of the electrical (heat) network between the energy supply organization and the subscriber, determined by the balance affiliation of the electrical (heat) network.
The contractual value of power consumption is the maximum 30-minute load of the subscriber or his / individual consumer agreed in the contract between the power supply organization and the subscriber during the control hours established by the contract.
The contractual amount of electricity consumed is the amount of energy agreed in the contract between the energy supply organization and the subscriber for the corresponding billing period.
Control device - a metering device, on the basis of taking into account the readings of which at a given point in the network, the amount of energy consumption used for control purposes is determined.
Unreleased electricity (non-release) - the amount of electricity that the consumer will not receive during the interruption of power supply, including shutdowns and restrictions.
Restriction - reduction in the supply of electrical energy and power to the consumer due to the application of the measures provided for in the contract, as well as in case of emergency conditions in the electrical networks of the energy supply organization.
Final settlement - settlement with the paying subscriber after the expiration of the billing period for the consumed energy and power.
Wholesale consumer-reseller - a subscriber of an energy supply organization, which can be direct specialized self-supporting enterprises (organizations) or their self-supporting divisions that have electric networks on their balance sheet and carry out wholesale purchases of electricity from an energy supply organization and resale it to other energy subscribers. At the same time, the latter are sub-subscribers in relation to the energy supply organization.
The main consumers are the subscribers of the energy supply organization, who consume part of the electrical energy for the production of products (services) received from the energy supply organization. And the rest is transported through their networks and resold to other energy subscribers, while the latter are sub-subscribers in relation to the energy supply organization.
Interruption (shutdown) - the fact of stopping the supply of electrical energy to the consumer at one or more points of commercial metering, accompanied by non-delivery of electrical energy.
Payment document - a payment request, a payment order, on the basis of which funds are transferred to the settlement account of an energy supply organization or a payer, as well as a notice for which payment is made in cash.
13. Payer - a subscriber who has an agreement with an energy supply organization and pays for the consumed electrical (thermal) energy and power.
14. Consumer - an enterprise, organization, institution, separate workshop, facility, site, building, apartment, etc., connected to electrical (thermal) networks and using energy using existing receivers of electrical (thermal) energy.
Receiver of electrical (thermal) energy - an installation or device designed to receive and use electrical (thermal) energy.
Connected - the total power of the consumer's transformers connected to the power of the consumer's electrical network, which converts energy into a working (directly supplying pantographs) voltage, and electric motors with voltages above 1000 V.
In cases where consumer electrical installations are powered from transformers or low-voltage networks of an energy supply organization, the consumer’s “connected power” is taken to be the power allowed for use, the amount of which is established by the energy supply organization and indicated in the contract for the supply of electricity.
When choosing a tariff for industrial and equivalent consumers (single-rate - with a connected power of less than 750 kVA and two-rate - 750 kVA and more), the total connected power of the subscriber is reduced by the load of consumers of a single-rate tariff powered by the subscriber's transformers.
Interim calculation - partial payment by the paying subscriber for the consumed energy and power during the billing period.
Settlement period - the period of time for which the consumed electrical (thermal) energy and power must be taken into account and paid by the paying subscriber.
OR
Settlement period - a period of time (month, quarter) for which the consumption of electrical energy must be determined, mutual settlements between the subscriber and the energy supply organization for the consumed electrical energy are made. The settlement period agreed upon by the parties is indicated in the contract.
19. Settlement metering device - a metering device, a metering system for electrical (thermal) energy, based on the readings of which, at the metering point, the consumption of power and energy payable by the subscriber (sub-subscriber) is determined.
20. Sub-subscriber - a consumer directly connected to the electric (thermal) networks of the subscriber's organization of the energy supplying organization and having an agreement with him for the use of electrical (thermal) energy.
Consumption metering point - a point in the power supply scheme for electrical (thermal) energy (heat supply), in which, using a measuring device (calculated meter, metering system; heat meter, water meter, etc.) or by another method, the values ​​\u200b\u200bof the consumption of electrical (thermal) energy and capacities used in commercial calculations. The metering point corresponds to the boundary of the balance sheet ownership of the electrical (heat) network.
Energy supply organization - an enterprise (association) that provides the supply of electrical energy to the subscriber on the basis of economic contractual relations, including the border of balance sheet ownership and operational responsibility between them, formalized by the act.

Chapter III. Contents of the energy supply contract.
The terms of this contract in relation to electricity supply include the terms on the subject of the contract, the quantity, quality of electricity, price, term of the contract, power consumption mode (see Appendix 2). All these conditions, except for the conditions of time and price, are proposed to be classified as essential.
The subject of the named contract is electric and thermal energy. Electricity is a product of special industries, it has a quantitative and qualitative assessment, cost, that is, it is a commodity, a thing in the sense of paragraph 1 of Art. 454 GK.
Electricity as a commercial product is distinguished by the fact that its very existence is manifested in consumption, spending. Electrical energy may be the most striking example of consumable things. It cannot be stored in warehouses, like other things, accumulated in significant quantities, including in batteries. It is present in the network only until the moment when the network is energized, that is, while energy is supplied to the network and consumed.
The main obligation of the seller is to supply the subscriber with energy (energy carriers): a) in a certain amount; b) in compliance with the agreed mode of filing; c) established quality.
A. The amount of energy supplied, as follows from the interpretation of paragraphs. 1 and 2 st. 541 of the Civil Code, refers to the essential terms of the contract only when the subscriber is a legal entity or a citizen using energy for business purposes. One of the features of the quantity condition in the energy supply agreement is that it determines the maximum amount of energy that the subscriber is entitled to receive. The actual amount of energy consumed, as a rule, is less than the maximum established by the contract and is determined in accordance with metering data (for example, electricity meter readings). In most cases, the energy supply contract gives the subscriber the right to change the amount of energy received in unilaterally(condition "about"), while reimbursing the additional costs of the seller.
A citizen who uses energy for domestic needs has the right to receive it in any amount he needs (clause 3 of article 541 of the Civil Code). Therefore, in such an energy supply agreement, the quantity condition is not essential.
The peculiarity of energy in the physical sense is in the close relationship of its quantitative and qualitative characteristics. Therefore, any violation of p quantity inevitably entails a change in quality (ceteris paribus). Thus, the supply by the energy supplying organization of less than the amount of energy agreed by the parties means either a break in the supply (that is, a violation of the regime), or a deterioration in the quality of energy. The consequences of such a violation are determined accordingly.
B. Energy supply mode, that is, the quantity and quality of energy transmitted to different time is determined by agreement of the parties. As a general rule, the supply of energy should be carried out by its continuous supply to the subscriber. However, the contract may i provide for conditions on interruptions (terminations) and restrictions on filing (with the exception of cases provided for in clause 2 of article 546 of the Civil Code). Also, the supply of energy may be interrupted (stopped) or limited by the energy supply organization unilaterally to prevent or eliminate accidents (clause 3 of article 546 of the Civil Code).
In contrast to the conditions on the range of purchase and sale and the frequency of deliveries, the regime (schedule) of energy supply is an essential condition of the contract (if the subscriber is a legal entity or a citizen-entrepreneur). A citizen using energy for domestic needs has the right to consume it in any mode.
Violation of the agreed energy supply regime entails the application of civil liability measures to the energy supply organization. However, the grounds for liability depend on the cause of the infringement. Thus, the responsibility of the energy supply organization for a power interruption occurs only if it is at fault, if the interruption occurred for reasons permitted by law (for example, due to an accident in the connected network). In other cases, the energy supply organization is liable on the basis of risk.
C. The quality of the supplied energy must comply with the requirements of state standards and other mandatory rules. Individual quality indicators are established by agreement between the parties to the contract (for example, electricity voltage, hot water temperature, gas pressure). Ways to determine the quality of energy, given their technical complexity
etc.................

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COURSE WORK

in the discipline "Civil Law"

"Civil Law Regulation of Energy Supply"

Khabarovsk 2011

power supply contract civil code

• Introduction
• 2.1 Concept and types of energy supply contract
• 2.2 Elements of an energy supply contract
• 2.3 Content of the energy supply contract
• 2.4 Change and termination of the energy supply contract and liability for its violation
• Conclusion
• Bibliographic list

Introduction

At the turn of the XIX-XX centuries. energy supply has become a necessary element of the life of society, a prerequisite for the development of the economy. Most of the objects used by modern civilization need energy supply in one form or another: electrical machines, industrial equipment, dwellings, electronic devices, etc. The legal form that mediates the processes of energy consumption is the energy supply contract.

From the point of view of the classification of objects of civil rights, energy is a movable, simple, divisible, consumed thing, determined by generic characteristics. The natural specificity of this product determines a number of essential features of its turnover. These are the continuity (continuity) of the processes of production, transportation and consumption of energy, the limited possibility of its storage (warehousing), the impact of consumer activity on the quality of goods, the existence of unified systems of energy and gas supply throughout the country. Usually, the transfer of energy to the consumer is impossible without the use of special technical means, appropriate infrastructure: power lines, gas and water pipelines, transformer and pumping stations, etc. Energy consumption also requires special equipment: utilities, instrumentation, security equipment. The system of technical devices that ensure the receipt and safe use of energy by the consumer is called the connected network.

The possibility of transmission and consumption of energy only through the connected network is one of the main features of the energy supply agreement. This feature is also inherent in other contracts - on heat supply, gas supply, supply of oil products, water, etc., which allows us to speak about the existence of a special group of contracts for the supply of products through the connected network (which includes the energy supply contract itself).

Energy supply is considered by the legislator as an activity related to ensuring the life of the population (Article 142 of the Labor Code of the Russian Federation).

Such a large-scale role of energy supply implies a detailed and detailed legal regulation, which can hardly be considered sufficiently developed and adequate to the emerging social needs.

A modern civilized person cannot imagine life without energy. It is so natural - heat and light in the house, a gas or electric stove in the kitchen, a working elevator, electrical appliances, a personal computer, gasoline in a car tank, hospitals, banks; but all this cannot work without energy. Energy penetrates into all spheres of human life. Energy consumption has become a condition for the existence of mankind.

The relevance of the research topic is also determined by a number of theoretical and practical issues that arise in the legal regulation of electricity supply relations.

Electricity supply in Russia is a national issue due to its economic weight and social significance. Electricity supply largely determines the quality of life of the population.

In this regard, the importance of the electricity supply contract becomes obvious, which is concluded with regard to a specific product - electrical energy and requires special legal regulation.

my goal term paper is the study of the legal regulation of energy supply.

To achieve this goal, I solved the following tasks: the scope of the energy supply agreement was designated; the concept of an energy supply contract is given, its types are listed; the elements of the energy supply contract are considered, its content is studied; as well as the conditions for changing and terminating the energy supply agreement and liability for its violation; in the last chapter, the problems of legal regulation of energy supply are studied.

The methodological and theoretical basis of the study was the scientific works of domestic authors in the field of civil law, in particular in the field of studying energy supply contracts.

Chapter 1. Scope of application of the energy supply contract

The energy supply contract is considered in Civil Code RF (hereinafter referred to as the Civil Code) as one of the separate types of the contract of sale (§ 6 Ch. 30).

The legal literature is dominated by the opinion that the energy supply contract covers all relations that develop in the supply of electricity, heat and gas. In any case, all relevant contracts are considered as of the same type, which makes it possible to single out an independent power supply contract. However, it is hardly possible to agree that contracts for the supply of heat, gas and other goods through an interconnected network are varieties of an energy supply contract. The fact is that the transfer (delivery) of energy (oil, gas, resources, other goods) through the connected network is a technical feature of the fulfillment of obligations arising from such contracts, and in itself cannot serve as a species-forming feature for distinguishing an independent type or even a separate type of civil law contract (for example, a type of contract of sale). So, in legal relations, the object of which is not energy, but other resources and other goods, transferring them to the buyer (consumer) through the connected network is only one of the possible ways to fulfill obligations. The same oil or oil products can be delivered to the buyer in tanks, and gas - in cylinders. Such relations will be governed by a supply or sale agreement. As a criterion for separating into a separate type of purchase and sale of an energy supply agreement, the Civil Code considers the object of this agreement - energy. It is the features of this object that predetermine the need special rules governing legal relations related to the supply of energy through the connected network. Therefore, in accordance with paragraph 1 of Art. 539 of the Civil Code, the energy supply agreement regulates only such supply relationships through the connected network, when energy is transmitted through it, and not any resources or goods. As regards the provisions of Art. 548 of the Civil Code on the extension of the rules on an energy supply contract to some other legal relations (in the terminology of Article 548 of the Civil Code - "other contracts"), then this is nothing more than a legislative technique designed to compensate for the lack of rules governing the relevant contracts.

It is also necessary to pay attention to the different approach of the legislator to contracts related to the supply of heat energy through the connected network, and to other contracts related to the supply of gas, oil and oil products, water and other goods through the connected network. In the first case, given that we are talking about an energy supply contract, the object of which is thermal energy, the legislator provided for the possibility of regulating the specified contract by other federal laws and other legal acts, bearing in mind that they may contain rules related to the specific features of thermal energy . In the second case, when the legislator speaks about other contracts for the supply of goods that are not energy, which are united with the energy supply contract only by the fact that they also use the connected network during their execution, the rules on the energy supply contract shall apply, unless otherwise provided by law, other legal acts. or does not follow from the nature of the obligation.

Thus, the energy supply agreement covers only those legal relations that develop when supplying consumers through the connected network with electrical or thermal energy. As for other contracts, the subject of which is the supply of consumers through the connected network with gas, oil and oil products, water and other goods, they do not formally relate to energy supply contracts. For example, in relation to relations on the supply of gas through the connected network (through pipelines) back in the 60s of the twentieth century. Serious objections were raised regarding the separation of an independent contract for the supply of electricity, heat and gas through the connected network due to the significant similarity of the terms of the contract for the supply and gas supply, as well as practical difficulties caused by the qualification of the contract for gas supply industrial enterprises as a special type of contract, and not a variety of a supply contract. The legal regulation of relations for the supply of gas to consumers in recent years also proceeds from the fact that such relations (with the participation of legal entities) should be mediated precisely by a gas supply agreement, and not by an energy supply agreement.

At the same time, such an approach to regulating relations related to the supply (supply) of gas through the connected network raises serious objections, since in terms of their content, the provisions contained in the Rules for the supply of gas, in fact, represent a detail of the rules of the Civil Code on an energy supply contract, and the application of the norms of the Civil Code on the supply contract to these legal relations can give rise to many problems. For example, it is not clear how the norms of the Civil Code should be applied to these legal relations on the obligation of a supplier who allowed a short delivery of goods in a separate delivery period to make up for the short delivery of goods in the next delivery period (Article 511); on the obligation of the buyer in certain cases to accept the delivered goods for safekeeping (Article 514); on the powers of the buyer in the event of delivery of goods to him inadequate quality demand replacement of delivered goods (Art. 518, 475) and some others. It would be more logical to allow subsidiary application of the rules of the Civil Code on the contract for energy supply to the legal relations that develop when supplying gas through the connected network. However, this is a matter of expediency, not of the legal qualification of the respective treaty. In addition, it should be noted that legal relations arising from the supply of gas through the pipeline networks of individuals, including individual entrepreneurs, in the absence of special rules regulating them, the rules of the Civil Code on the contract for energy supply are subject to application.

Another criterion that makes it possible to determine the scope of the energy supply agreement is the subject composition of the relations regulated by it: a person consuming energy (consumer, subscriber) acts as a mandatory participant in such legal relations (paragraph 1 of article 539 of the Civil Code).

In relations between various energy systems, as well as between energy systems and energy producers, along with an electricity supply agreement concluded between an energy supply organization and an electricity consumer organization, agreements are used for the flow of electricity and for the supply of energy systems with electricity from block stations that cannot be qualified as an energy supply contract (or its variations), since they do not involve energy consumers. In this regard, it is impossible to agree with the opinion that the energy supply agreement has such "varieties as: an agreement on the supply of electric energy, an agreement on reverse power flows, an agreement on mutual reservation of electricity supply, a gas supply agreement, contracts for the supply of thermal energy, water, oil and oil products, etc.

Chapter 2. Civil law regulation of energy supply

2.1 The concept and types of energy supply contracts

An energy supply agreement is an agreement under which one party (energy supply organization) undertakes to supply energy (or energy carriers) through the connected network to the other party (subscriber), which undertakes to pay for it, as well as to ensure the established regime and safety of energy (or energy carriers) consumption 1 article 539 of the Civil Code).

The energy supply agreement is consensual, compensated, mutual. By virtue of the direct indication of paragraph 1 of Art. 426 of the Civil Code, this is a public contract, however, the subscriber has the right to demand its conclusion only if he has the necessary power receiving equipment connected to the networks of the energy supply organization (clause 2 of article 539 of the Civil Code).

Depending on the subject and composition of the participants in the energy supply agreement, such varieties are distinguished as: an agreement on reverse power flows, an agreement on mutual reservation of electric power supply, a sub-subscriber agreement on energy supply, etc. The allocation of special types of energy supply, due only to the identity of consumers (manufacturing, agricultural enterprises, state institutions, other non-profit organizations, etc.), is inappropriate, since these features mainly affect the price of the contract. However, the specificity of the power supply of citizen subscribers is also manifested in the special nature of the rights and obligations of the parties under the contract, which makes it possible to single it out as a special type of power supply contract.

The existing structure of the sub-subscriber agreement, provided for by Art. 545, unsuccessful. After all, a sub-subscription agreement exists in an area that has always been a natural monopoly: electricity consumers usually do not have to choose which counterparty to enter into contractual relations with.

It is also essential that a huge number of consumers (both individuals and legal entities) can receive energy only with the help of infrastructure (networks, substations, etc.) belonging to other subscribers, since in many cases they can receive energy directly from the power supply organization is technically impossible. This feature of power supply to end consumers is fundamentally important for the fate of sub-subscriber agreements. After all, unlike an energy supply agreement, which is public (hence, the energy supply organization cannot evade its conclusion), a sub-subscriber agreement is not among the public ones.

Therefore, the end consumer cannot force another consumer to conclude a sub-subscriber agreement with him. On the other hand, the energy supply organization cannot officially force the subscriber to provide its networks for the transmission (transit) of energy to the sub-subscriber - the end consumer. How, then, to organize the energy supply?

The allocation in the Civil Code of an independent type of contracts for the transmission and distribution (transit) of energy would help to solve this problem. For organizations owning power grids, such an agreement would obviously be of a public nature. The obligation to conclude energy transit agreements for other owners of electrical networks (consumers) could be specifically provided for in the law, similarly to agreements with the participation of grid organizations. With this approach, the existence of sub-subscriber agreements with the participation of "intermediate consumers" who own their own network infrastructure will turn out to be redundant.

2.2 Elements of an energy supply contract

Citizens and legal entities can act as parties to an energy supply agreement. The seller under the contract is usually an entrepreneur - an energy supply organization (power plant, gas producer or reseller). In order to develop competition in certain commodity markets (for example, electricity), the state establishes special requirements for the subject composition of energy supply contracts. Thus, the sale and purchase of electrical energy on the federal wholesale electrical energy market is carried out on the basis of agreements with the Russian Joint Stock Company "UES of Russia" or organizations authorized by it. Accordingly, UES of Russia acts either as a buyer or seller of electricity. In some cases, the seller under an energy supply agreement may be a primary consumer who transfers the energy he has received to another person (sub-subscriber) with the consent of the energy supply organization.

The buyer (subscriber) under the contract can be both a legal entity (including a reseller) and a citizen.

The subject of an energy supply agreement (in a broader sense, an agreement on the supply of products through an interconnected network), which is its only essential condition, is usually energy (in various forms) or energy carriers, i.e. substances that release energy in the process of their use (steam , gas). By virtue of the direct indication of paragraph 2 of Art. 548 of the Civil Code, other goods can also be the subject of this agreement: oil, oil products, water, and this list is open. How to determine the range of goods that can be sold on the basis of an energy supply agreement? If the transfer and use of the products by the recipient is possible only with the help of a special interconnected network, their circulation will be carried out in the form of an energy supply contract.

The contract price in most cases is determined not by the parties themselves, but by tariffs approved by the state. They differ depending on the subject composition of the contract and are periodically indexed to inflation rates.

The energy supply contract, as a general rule, is considered concluded for an indefinite period (paragraph 2 of article 540 of the Civil Code). However, contracts involving legal entities usually contain a condition on a period, the duration of which is determined by the parties themselves. Paragraphs 2 and 3 of Art. 540 of the Civil Code establishes special rules on deadlines aimed at ensuring an uninterrupted supply of energy to consumers. Thus, a contract concluded for a period is considered extended for the same period, unless either party declares otherwise before its expiration. If a party has made a proposal to conclude a new agreement, then the previous agreement continues to be valid until it is replaced by a new one.

The form and procedure for concluding a contract differ depending on the personality of the subscriber and the purpose of using the goods. Thus, a contract for the supply of energy to legal entities or individual entrepreneurs is always concluded in writing. If the subscriber is a citizen using energy for domestic consumption, the contract is considered concluded from the moment the subscriber is first actually connected to the connected network in the prescribed manner (clause 1 of article 540 of the Civil Code). This rule has two meanings. Firstly, a citizen's energy supply contract can be concluded by performing conclusive actions - connecting to the network (without investing in writing). Secondly, such an agreement, made in writing, will enter into force only from the moment of actual connection to the network.

2.4 Contents of the energy supply contract

The main obligation of the seller is to supply the subscriber with energy (energy carriers): a) in a certain amount; b) in compliance with the agreed mode of filing; c) established quality.

A. The amount of energy supplied, as follows from the interpretation of paragraphs 1 and 2 of Art. 541 of the Civil Code, refers to the essential terms of the contract only when the subscriber is a legal entity or a citizen using energy for business purposes.

One of the features of the quantity condition in the energy supply agreement is that it determines the maximum amount of energy that the subscriber is entitled to receive. The actual amount of energy consumed, as a rule, is less than the maximum established by the contract and is determined in accordance with metering data (for example, electricity meter readings).

In most cases, the energy supply agreement gives the subscriber the right to change the amount of energy received unilaterally (the "about" condition), while reimbursement of the additional costs of the seller.

A citizen who uses energy for domestic needs has the right to receive it in any amount he needs (clause 3 of article 541 of the Civil Code). Therefore, in such an energy supply agreement, the quantity condition is not essential.

The peculiarity of energy in the physical sense is in the close relationship of its quantitative and qualitative characteristics. Therefore, any violation of the quantity condition inevitably entails a change in quality (ceteris paribus). Thus, the supply by the energy supplying organization of less than the amount of energy agreed by the parties means either a break in the supply (i.e., a violation of the regime), or a deterioration in the quality of energy1. The consequences of such a violation are determined accordingly.

B. The mode of energy supply, i.e. the quantity and quality of energy transmitted at different times, is determined by agreement of the parties.

As a general rule, the supply of energy should be carried out by its continuous supply to the subscriber. However, the contract may also provide for conditions on interruptions (terminations) and restrictions on filing (with the exception of cases provided for in paragraph 2 of Article 546 of the Civil Code). Also, the supply of energy may be interrupted (stopped) or limited by the energy supply organization unilaterally to prevent or eliminate accidents (paragraph 3 of article 546 of the Civil Code).

In contrast to the conditions on the range of purchase and sale and the frequency of deliveries, the mode (schedule) of energy supply is an essential condition of the contract (if the subscriber is a legal entity or a citizen-entrepreneur). A citizen using energy for domestic needs has the right to consume it in any mode.

Violation of the agreed energy supply regime entails the application of civil liability measures to the energy supply organization. However, the grounds for liability depend on the cause of the infringement. Thus, the responsibility of the energy supply organization for a power interruption occurs only if it is at fault, if the interruption occurred for reasons permitted by law (for example, due to an accident in the connected network). In other cases, the energy supply organization is liable on the basis of risk.

C. The quality of the supplied energy must comply with the requirements of state standards and other mandatory rules. Separate quality indicators are established by agreement of the parties to the contract (for example, electricity voltage, hot water temperature, gas pressure). Methods for determining the quality of energy, given their technical complexity, are usually regulated in an imperative manner by special regulations (as a rule, GOSTs), less often by agreement of the parties.

Violation of the quality condition by the energy supplying organization gives the subscriber the right to refuse to pay for such energy, as well as to recover losses in the form of real damage. But, if he nevertheless used low-quality energy, the energy supply organization has the right to demand compensation by the subscriber for the cost of what he unreasonably saved as a result of using this energy according to the rules on unjust enrichment (clause 2 of article 1105 of the Civil Code).

Additional obligations of the energy supply organization are provided for contracts with citizen subscribers using energy for domestic consumption. In these cases, the energy supply organization must ensure the safety (proper technical condition) of energy networks and energy consumption meters (clause 2 of article 543 of the Civil Code), and also bears other responsibilities.

The obligations of the subscriber under the energy supply agreement differ significantly from the obligations of the buyer in the sale and purchase and include: a) ensuring the safety of energy consumption; b) compliance with the established mode of consumption; c) payment for the received energy; d) informing the energy supply organization about violations arising from the use of energy. Separate varieties of the energy supply agreement may establish additional obligations of the subscriber. So, when supplying a subscriber with thermal energy, he is obliged to return to the energy supply organization return network water (when receiving hot water) or condensate (when receiving steam).

A. The consumer is obliged to ensure the safety of the use of energy, for which it is necessary to maintain in proper technical condition the components of the connected network that are under his jurisdiction (paragraph 1 of article 543 of the Civil Code). This obligation does not apply to citizens using energy for domestic needs (paragraph 2 of article 534 of the Civil Code). However, consumer citizens must comply with safety regulations when using energy (clause 4.2.4 of the Rules for the provision utilities), including maintaining the relevant devices and appliances (faucets, gas and electric stoves, in-house electrical wiring, etc.) in good condition.

B. Compliance by the subscriber with the energy consumption regime established by law and the contract is necessary to ensure the interests of other subscribers. Thus, excessive consumption of energy by some subscribers (especially during the period of peak loads of the power system) can affect its supply to others in the required amount.

In addition, as a result of non-compliance with the consumption regime, the quality of energy may also suffer. With regard to electricity supply, the legislation specifically regulates the obligation of the industrial consumer to maintain the quality of electricity at an appropriate level.

Violation of the established mode of consumption gives the power supply organization the right to recover real damage from the subscriber, and in some cases - a penalty.

C. The subscriber must pay for the energy received by him. Since there is no obligation to accept energy under an energy supply agreement, the subscriber pays only for the amount of energy actually received by him in accordance with the metering data (clause 1 of article 544 of the Civil Code).

The procedure and terms of payment for energy are determined by law or by agreement of the parties. Thus, payment for electrical and thermal energy, as well as gas and water supply by citizens-consumers is made monthly no later than the 10th day of the month following the paid one (clause 2.4 of the Rules for the provision of public services). Terms of settlements under agreements between legal entities are determined by agreement of the parties.

The delay in payment for energy by the subscriber over a certain period gives the energy supply organization the right to stop the supply of energy. In addition, it is possible to collect a penalty from the subscriber, the amount of which is determined either by agreement of the parties (in contracts with the participation of legal entities), or by a normative act (in contracts for the energy supply of citizens).

D. The subscriber is obliged to immediately inform the energy supply organization about all accidents, fires, malfunctions of energy meters and other violations arising from the use of energy (clause 1 of article 543 of the Civil Code), regardless of whose fault they occurred. This is a kind of analogue of the condition provided for by Art. 483 GK. The law does not establish special consequences for violations of this obligation. Therefore, they involve the use general measures civil liability in the form of compensation for actual damage.

In addition to general rights the buyer, provided for by § 1 of Chapter 30 of the Civil Code, under an energy supply agreement, the subscriber has the right: firstly, to accept the amount of energy he needs within the limits provided for by the agreement, which also means the possibility of a unilateral refusal of the subscriber to accept energy; secondly, with the consent of the energy supplying organization, transfer the energy received by it to the sub-subscriber (Article 545 of the Civil Code).

2.5 Change and termination of the energy supply contract and responsibility for its violation

For relations related to the energy supply of consumers, ensuring the stability of contractual relations is of particular importance. Therefore, in cases where the term of the power supply contract expires and neither of the parties declares its termination or amendment or the conclusion of a new contract before the expiration of this period, the power supply contract is considered extended on the same terms and for the same period. A pause in contractual relations is also not allowed in cases where, at the suggestion of one of the parties, a new contract is concluded. Until that moment, the terms of the old contract remain in force.

A citizen using energy for domestic consumption has the right to terminate the contract unilaterally. Mandatory conditions for the exercise by a citizen of this right are notification of the energy supply organization about the unilateral termination of the contract, as well as full payment for the energy used (clause 1 of article 546 of the Civil Code).

When a legal entity acts as a subscriber in an energy supply agreement, the energy supply organization has the right to refuse to execute the agreement unilaterally on the grounds provided for in Art. 523 of the Civil Code, with the exception of cases established by law or other legal acts (clause 1 of article 546 of the Civil Code). According to Art. 523 of the Civil Code, a significant violation of the supply contract, which can serve as a basis for a unilateral refusal to fulfill contractual obligations and is applicable to an energy supply contract, is a repeated violation of the terms of payment for goods. Consequently, the energy supply organization has the right to refuse the energy supply contract only if the subscriber repeatedly violates the terms of payment for the received energy.

The procedure for taking actions on a unilateral refusal to perform the contract and their consequences are determined on the basis of paragraph 4 of Art. 523 of the Civil Code, according to which the contract is considered modified and terminated from the moment one party receives a notification from the other party about the unilateral refusal to execute the contract in whole or in part, unless another term for terminating or amending the contract is provided in the notification or is not determined by agreement of the parties.

At the same time, the law or other legal acts may establish cases that exclude unilateral termination of the energy supply agreement at the initiative of the energy supply organization (paragraph 2, clause 1, article 546 of the Civil Code). A number of legal acts that do not allow the interruption of energy supply to certain groups of consumers were adopted by the Government of the Russian Federation in the form of lists of strategic organizations that ensure the security of the state, the supply of fuel and energy resources to which is not subject to restriction or termination (military units; corrective labor institutions, pre-trial detention centers, prisons , military units and other facilities of the Ministry of Internal Affairs of Russia; federal nuclear centers and organizations working with nuclear fuel and materials; organizations for the production of explosives and ammunition fulfilling the state defense order; fire safety and alarm systems, and some others) or the restriction below the limits established by them by the relevant federal executive authorities. At present, for this purpose, the Government of the Russian Federation has established special conditions for gas supplies and their payment, which are mandatory for inclusion in contracts for its supply to such budgetary organizations.

With regard to some energy consumers who have repeatedly violated the terms of its payment, a special procedure for the actions of energy supply and gas supply organizations to limit and stop the supply (supply) of fuel and energy resources is provided.

So, to enterprises, the supply of fuel and energy resources to which is not subject to termination or limitation below the emergency (technological) armor, the procedure for terminating or restricting the supply of electrical and thermal energy and gas to consumer organizations is applied in case of non-payment for the fuel and energy resources supplied to them (used by them). , approved by Decree of the Government of the Russian Federation of January 5, 1998 No. 1 (as amended on July 17, 1998).

According to the above procedure, if the consumer organization fails to pay for the fuel and energy resources supplied to it (used by it) for one payment period established by the contract, the energy supply or gas supply organization warns the consumer organization that in case of non-payment of the debt before the expiration of the second payment period, the supply ( consumption) of the corresponding fuel and energy resources. If payments are delayed beyond the period specified in the warning, the energy supply or gas supply organization has the right to impose a restriction on the supply (consumption) of fuel and energy resources to the level of emergency armor, unless otherwise provided by the contract. When the specified restriction is introduced, the energy supply or gas supply organization notifies the consumer organization about this a day before the restriction is introduced. The resumption of the supply of fuel and energy resources is carried out on the basis of an agreement between the parties based on the results of consideration of the conflict situation and measures taken by the consumer organization.

Traditionally, the responsibility of the energy supply organization for non-fulfillment or improper fulfillment of contractual obligations was limited, and the departmental rules governing these relations often reduced it to a purely symbolic meanings. Certain limitations on the responsibility of the energy supply organization are also established by the current legislation (Article 547 of the Civil Code). However, now, in case of violation of obligations under the contract, both the energy supply organization and the subscriber bear the same (limited) liability in the form of compensation for the real damage caused by this. Thus, both in relation to the energy supply organization and the subscriber, it is not allowed to recover losses in the form of lost profits.

In cases where the energy supplying organization allowed a break in the supply of energy to the subscriber as a result of regulation of the energy consumption regime carried out on the basis of the law or other legal acts, it is liable for violation of the contract if it is at fault (paragraph 2 of article 547 of the Civil Code). In other cases, in case of non-fulfillment or improper fulfillment of the obligations of the parties arising from the energy supply agreement, the general provisions on the grounds and conditions of liability for violation of a civil obligation shall be applied. The energy supply organization, when fulfilling its obligations under the energy supply agreement, is in the position of a party engaged in entrepreneurial activity, therefore, in case of violation of the agreement, it is liable regardless of its fault, as well as its subscribers, who are commercial organizations or individual entrepreneurs, if they receive energy for business activities (clause 3 of article 401 of the Civil Code). If, however, a non-profit organization acts as a subscriber, for example, an institution financed from the budget, then the responsibility of such a subscriber for non-fulfillment or improper fulfillment of its obligations under an energy supply agreement (for example, for late payment for the energy received) is built on the basis of guilt, the burden of proving the absence of which lies with per subscriber.

The liability of the parties under an energy supply agreement can be applied not only in the form of losses (direct damage), but also in the form of a legal or contractual penalty. For untimely payment of the received electric or thermal energy, the subscriber may be held liable as a violation of a monetary obligation. In this case, this means his obligation, at the request of the energy supply organization (the seller of the goods), to pay interest in accordance with Art. 395 of the Civil Code (clause 3 of article 486 of the Civil Code).

Chapter 3. Problems of legal regulation of energy supply

An analysis of the current legislation in the field of energy supply, as well as the practice of its application, clearly indicates its imperfection. Attention is drawn to the traditional plurality and low quality of normative legal acts regulating the legal relations in question. Most of the norms of these acts, due to their imperfection and ambiguity, are so confusing that sometimes it is impossible even for a law enforcement officer to understand them.

There is uncertainty in many significant aspects of energy supply, among which it is especially necessary to highlight the issues of qualification of contractual relations in the electric power industry, in particular, relations between a subscriber and a sub-subscriber.

Some experts consider these relationships unsettled, since, in accordance with Art. 545 of the Civil Code of the Russian Federation, a subscriber can transfer energy received by him from an energy supply organization through an attached network to another person (sub-subscriber) only with the consent of the energy supply organization. Thus, in the Civil Code, the transfer of energy from a subscriber to a sub-subscriber is formulated as a right, and not an obligation of the subscriber. This means that the subscriber may refuse to transfer energy, and in practice he often does so, motivating this by the fact that this activity is not his main activity and is not of a public nature.

It should be noted that the problem of qualifying contractual relations between a subscriber and a sub-subscriber has not been resolved even with the adoption of the Federal Law of March 26, 2003 N 35-FZ "On the Electric Power Industry", which radically changed the legal relationship in the area under consideration.

According to many researchers, the analysis of these changes indicates the desire of the legislator to "get away" from the usual terms (energy supply organization, subscriber, sub-subscriber), respectively, abandoning the principle of distinguishing the subjects of the relations under consideration, depending on the sequence of location (connection) of energy objects in the chain of passage of electric energy . Meanwhile, changing the terminology in itself is not a solution to the problems that arise for sub-subscribers and subscribers. For example, it is not possible to unequivocally decide what type of contract should be concluded between the sub-subscriber and the subscriber, given that the subscriber is not an energy supplying sales organization and may not meet the signs of a territorial grid organization.

The problem with the so-called non-switchable consumers of electrical energy remains unresolved. An example of this is Decree of the President of the Russian Federation of November 23, 1995 N 1173 "On measures to implement the sustainable operation of facilities that ensure the security of the state. In order to implement the sustainable operation of facilities that ensure the security of the state ( military units institutions, enterprises and organizations of federal executive bodies that provide for military service, etc.), as well as the exclusion of cases that jeopardize the fulfillment of the tasks assigned to them, any restriction or termination of the supply of fuel and energy resources (electricity and heat energy, water, gas) is classified by this Decree as an act that violates the security of the state.

Thus, an implicit ban on limiting or stopping the supply of energy to organizations that ensure the security of the state has been formulated for energy suppliers. In this regard, the question of the compliance of the mentioned normative provision with paragraphs 2, 3 of Art. 546 of the Civil Code of the Russian Federation regarding the impossibility of terminating (restricting) under certain circumstances the supply of energy to these organizations.

So, according to paragraph 2 of Art. 546 of the Civil Code of the Russian Federation, a break in the supply, interruption or restriction of the supply of energy is allowed by agreement of the parties, except in cases where the unsatisfactory condition of the subscriber's energy installations certified by the state energy supervision body threatens an accident or poses a threat to the life and safety of citizens. In addition, termination or restriction of energy supply without agreement with the subscriber - a legal entity, but with a corresponding warning is allowed in accordance with the procedure established by law or other legal acts in case of violation by the specified subscriber of obligations to pay for energy.

An interruption in the supply (cessation) or restriction of the supply of energy without the consent of the subscriber and without a corresponding warning is also allowed if it is necessary to take urgent measures to prevent or eliminate an accident in the system of the energy supply organization, subject to immediate notification of the subscriber (clause 3 of article 546 of the Civil Code of the Russian Federation ).

Based on the above norms of the Civil Code of the Russian Federation, the restriction or termination of the supply of electricity to organizations that ensure the security of the state seems to be lawful provided: 1) when the unsatisfactory condition of the subscriber's power plants certified by the state energy supervision body threatens an accident or poses a threat to the life and safety of citizens; 2) violation by the subscriber of obligations to pay for energy; 3) the need to take urgent measures to prevent or eliminate an accident in the system of an energy supply organization.

The following circumstances can also be attributed to the disadvantages of regulatory regulation of energy supply.

In paragraphs 2 and 3 of Art. 546 of the Civil Code of the Russian Federation establishes the obligation of the energy supply organization to warn the subscriber about the upcoming interruption, termination or restriction of the supply of energy. Meanwhile, the legislator has not defined specific terms for this notification. In this regard, the energy supply organization has the right to inform the subscriber about the upcoming interruption, termination or restriction of energy supply at any time convenient for itself, and it is unlikely that the energy supply organization will take into account the interests and technological features of the subscriber's activities. It is obvious that such "lawful" actions of power supply organizations can cause irreparable losses to the subscriber, failure of expensive equipment and even death of people.

The already difficult situation in energy supply was complicated by the adoption of the Federal Law of March 26, 2003 N 37-FZ "On Amendments and Additions to Part Two of the Civil Code of the Russian Federation", supplementing Art. 539 of the Civil Code of the Russian Federation, clause 4, according to which the rules of the Civil Code of the Russian Federation on this contract apply to relations under a contract for the supply of electric energy, unless otherwise provided by law or other legal acts. In other words, the provisions of the Civil Code of the Russian Federation on the contract for energy supply were given a subsidiary character in relation to special legislation, and the role of these provisions of the Civil Code of the Russian Federation, in fact, was reduced to filling in the gaps in legislative regulation power supply. Given the fundamental nature of the Civil Code of the Russian Federation, as well as the low level of development of by-laws in this area, the current state of affairs is at least unjustified.

At the same time, one cannot fail to note positive trends in the legislative regulation of energy supply, in particular in resolving the issue related to payments for consumed energy.

Noting the shortcomings in the legislative regulation of energy supply and the serious negative consequences associated with this for the entire country, one should pay attention to the need for a comprehensive solution to this problem by changing (supplementing) the existing norms of the Civil Code of the Russian Federation on an energy supply agreement, unifying the relevant regulatory framework, and minimizing the regulation of energy supply by by-laws. acts.

Conclusion

Thus, I completed the study of the legal regulation of energy supply in modern conditions. In the former civil legislation of the USSR and Russia, these agreements did not find their consolidation. There were only numerous by-laws that were not presented to the bulk of consumers and were not published.

With the adoption of the Fundamentals of Civil Legislation of the USSR and the Union Republics in 1991, for the first time in the history of domestic law, energy supply contracts received legal regulation at the level of an all-Union law. Then the Russian Federation adopted a number of regulatory legal acts regulating relations in the electric power industry. This is due to the adoption and entry into force of the Special Part of the Civil Code of the Russian Federation, which in paragraph 6 of Chapter 30 legislated a set of legal norms on the regulation of energy supply contracts.

Describing the features of an energy supply agreement in comparison with the general provisions on the sale and purchase, it is necessary to pay attention once again to the fact that an energy supply agreement is not characterized by the obligation of the subscriber to accept the "goods", that is, the amount of energy stipulated by the agreement. Normal for such types of sale and purchase as supply, contracting and others, the specified obligation is not inherent in the energy supply agreement. Therefore, the definition of an energy supply contract in the Civil Code does not contain an indication of this obligation. It is enough to stipulate in the Civil Code that the energy supply organization undertakes to supply energy to the subscriber, and the subscriber undertakes to pay for the received energy. This means that the subscriber must have the opportunity to receive energy at any time, and he must pay for the energy that he actually received.

Currently, in the Russian Federation, the treaties under consideration are given very great importance, they occupy important place in the life of every citizen, in the activities of any enterprise, institution, and in general for the state.

Today, society is gradually coming to an understanding of contract law as a means of reaching agreement and compromise. We are witnessing that the parties to the contractual relations are beginning to gradually turn towards the negotiation process. The state creates a mechanism aimed at mutual consideration of the interests of the parties - participants in contractual relations. However, one cannot overestimate the role of the treaty, which by itself is not able to solve many problems in the contractual field of energy supply.

Bibliographic list

Regulations

1. Civil Code of the Russian Federation (Part One): Federal Law of November 30 1994 No. 51-FZ (as amended on 02/07/2011) // SPS ConsultantPlus. Version 4000.00.52.

2. Civil Code of the Russian Federation (Part Two): Federal Law of January 26, 1996 No. 14-FZ (as amended on February 7, 2011) // ATP ConsultantPlus. Version 4000.00.52.

3. Labor Code of the Russian Federation: Federal Law No. 197-FZ of December 30, 2001 (as amended on July 18, 2011)

4. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) // ATP "Consultant Plus". Version 4000.00.52.

5. On the electric power industry: federal law of March 26, 2003 N 35-FZ (as amended on July 18, 2011) // ATP "Consultant Plus". Version 4000.00.52.

6. On the introduction of amendments and additions to the second part of the Civil Code of the Russian Federation: federal law of March 26, 2003 N 37-FZ / / ATP "Consultant Plus". Version 4000.00.52.

7. On measures to implement the sustainable functioning of facilities that ensure the security of the state: Decree of the President of the Russian Federation of November 23, 1995 N 1173 (as amended on March 15, 1999) // ATP "Consultant Plus". Version 4000.00.52.

Scientific literature and periodicals

8. Alekseev S.S. Civil law: textbook. / S. S. Alekseev, B. M. Gongalo, D. V. Murzin [and others]; under total ed. corresponding member RAS S. S. Alekseev. -- 2nd ed., revised. and additional -- M.: Prospect; Ekaterinburg; Institute of Private Law, 2009. - 528 p.

9. Andreeva L. Energy supply - clear legal regulation / L. Andreeva // Russian Justice, N 8, - 2001.

10. Grudtsina L.Yu. Civil law of Russia: a textbook for universities / L.Yu. Grudtsyna, A.A. Spector. - M.: CJSC Yustitsin-form, 2008. - 560 p.

11. Zhane A.D. Legal regulation of energy supply / A.D. Zhane // Law and Economics, N 1, 2005.

12. Zaichenko N. Significance of the subject of the energy supply agreement for the legal regulation of obligations in the electric power industry / N. Zaichenko // Lawyer, 2008, - N 4.

13. Zenin I.A. Civil law of the Russian Federation: educational and practical manual, workshop on the course, curriculum on the discipline / I.A. Zenin. - 9th ed., revised. and additional Issue 10 / Moscow State University of Economics, Statistics and Informatics. - M.: MESI, 2007. - 537 p.

14. Retslov S. Application of the energy supply agreement in the electric power industry and its legal regulation / S. Retslov // Lawyer, 2008, - N 9.

15. Ruzakova O.A. Civil law / O.A. Ruzakova // Moscow Financial and Industrial Academy. - M., 2004. -422 p.

16. Sergeev A.P. Commentary on the Civil Code of the Russian Federation. Part one: educational and practical commentary (by article) / E.N. Abramova, N.N. Averchenko, Yu.V. Baigusheva and others; ed. A.P. Sergeyev. M.: Prospect. 2010. - 912 p.

17. Sergeev A.P. Civil law: textbook. : in 3 vols. T. 2. - 4th ed., revised. and additional / E. Yu. Valyavina, I. V. Eliseev [and others]; resp. ed. A. P. Sergeev, Yu. K. Tolstoy. - M.: TK Velby, Publishing House Prospekt, 2005. - 848 p.

18. Sukhanov E.A. Civil law: In 4 volumes. Volume 3: Law of obligations: textbook. for university students studying in the direction 521400 "Jurisprudence" and in the specialty 021100 "Jurisprudence" / [Vitryansky V.V. and etc.]; resp. ed. - E.A. Sukhanov. -- 3rd ed., revised. and additional - M.: Wolters Kluver, 2005. - 800 p.

19. Chausskaya O.A. Civil law: a textbook for students of educational institutions of secondary vocational education / O.A. Chausskaya; M.: Dashkov i K, 2007, - 480 p.

20. Shevchuk D.A. Civil law: a textbook for colleges / D.A. Shevchuk. - M.: Eksmo, 2009. - 386 p.

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The energy supply contract as a separate type of sale and purchase agreement occupies a special place among its other types, due to the pronounced specifics of its subject - energy. "It is the features of the object that predetermine the need for special rules governing legal relations related to the supply of energy through the connected network" * (294). The supply of energy differs from the sale of ordinary goods mainly in that the transfer of energy as a commodity to the buyer (consumer) is possible only with the use of special technical means. These primarily include a network of wires through which energy belonging to the supplying organization flows to the consumer's network. Therefore, for the implementation of energy supply, the presence of wires (electrical, thermal) connecting the seller and buyer of energy is required - the connected network. The energy supply takes place via the connected network.

Energy cannot be regarded as an ordinary object of the material world, as a bodily thing; it is a property of matter, and matter, which is given a certain state (current voltage, water temperature, etc.). This property is found in the ability to produce useful work, ensure the performance of various technological operations, create the necessary conditions for labor activity and recreation of people (lighting, ventilation, heating, etc.).

Energy, taking into account its physical properties, cannot be accumulated in significant quantities, stored, like other goods, in warehouses, in special containers. Useful properties of energy are realized in the process of its use, consumption. The result of use can be work performed, a technological operation, etc. But the energy itself disappears, it does not materialize in products or in any other form. The fact that it existed and was used is recorded in the meter readings. However energy while it is in a network belongs to the one who is the owner of a network and (or) a source generating energy * (295). Among the powers of the supplying organization as an owner, the most important is the right to dispose of energy, which is realized in the form of its sale (vacation) to buyers (subscribers) or through other transactions (for example, a loan). Along with this, the supplying organization usually consumes a certain amount of energy for its own needs.

The powers of possession, use and disposal, which the subscriber exercises in relation to the energy he receives, mean the ability to direct it at his own discretion, in compliance with the current rules and conditions of the contract, to ensure the operation of equipment, various technological needs, for heating, hot water supply, etc. . It is also possible to dispose of energy (especially electricity) by reselling it to subscribers.

The considered features of energy supply as an economic activity and the features of energy as a physical substance have a significant impact on the legal regulation of relations in the field of energy supply. When using the concept of "energy supply", the law refers mainly to the supply of electrical energy. Relations in the field of supply of thermal energy are subject to independent regulation, but under certain conditions, they can be subject to the rules on energy supply, among which the rules governing the supply of electrical energy predominate. Consumers are supplied with energy on the basis of contracts.

The question of the place of the electricity supply contract in the system of contractual obligations for a long time caused significant difficulties in the science of civil law, which were associated with different understandings physical nature electricity and the possibility of recognizing it as an object of legal relations, a type of property.

So, M.M. Agarkov believed that the contract, according to which the power plant undertakes to supply the consumer with electrical energy, cannot be "brought" under the sale, since the subject of the sale, according to the law, can only be the transfer of property to the other party. Property includes things and rights. Electrical energy is neither a right nor a thing. M.M. Agarkov came to the conclusion that the contract for the supply of energy should be considered a work contract, since according to this contract "the power plant undertakes to perform the work necessary to deliver energy to the consumer, and not transfer any property to the latter" * (296). But the interpretation of the electricity supply agreement as a contract cannot be considered convincing. For a work contract, the performance by the contractor of work on the instructions of the customer is of decisive importance, and the customer has the right at any time to check the progress and quality of work, without interfering in the economic activities of the contractor, to control the progress of his assignment. All this is completely uncharacteristic of an energy supply contract.

The point of view, according to which the energy supply contract should be attributed to the contractual type of supply, has received considerable distribution in science. Most clearly, this interpretation of the contract in question is expressed in the works of B.M. Seynaroev, who believes that "the contract for the supply of electricity, by the nature of the relations mediated by it, by the basic rights and obligations of the parties, has no fundamental differences from the supply contract" * (297). O. S. Ioffe formulates a similar view more carefully and less definitely. In his opinion, contracts for the supply of energy "can neither be separated from the supply nor identified with it", they "are directly adjacent to the supply agreement" * (298). The stated position had a certain basis at a time when, both in science and in legislation, the supply contract was interpreted as completely independent, significantly different from the contract of sale. But in modern conditions, such an interpretation is impossible, since both in science and in legislation, both of these contracts are considered as types of a contract of sale.

In the literature, the opinion was expressed that the power supply contract should be recognized as an independent, special type of contract in the system of civil law contracts. This was justified by the fact that the electricity supply contract differs in such essential features that together create a qualitative difference between it and the supply, and from the sale, and from all other civil law contracts * (299). However, science has gradually formed the idea that the electricity supply contract is "closely related" to a group of contracts aimed at the transfer of goods by one party to the ownership of the other party. Therefore, there is no reason to interpret it as a completely independent contract of civil law.

For the first time at the level of law, relations in the field of energy supply were regulated by the Fundamentals of Civil Legislation of 1991, where the contract for the supply of energy and other resources is considered as a type of sale. The energy supply contract provided for by the Civil Code is also interpreted as a special type of sale and purchase.

It should be recognized that the general rules on the sale and purchase are applicable to energy supply relations only to a small extent. However, the main thing that characterizes the purchase and sale is applicable: the transfer of goods (in this case, very specific) from the property of the seller to the property of the buyer. Most of the other rules apply only to power supply * (300).

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All topics in this section:

Law of obligations as a sub-branch of civil (private) law
The law of obligation is constituent part(sub-branch) of civil (private) law, the norms of which directly regulate property or economic turnover

Law of obligations system
As a set of civil law norms governing property turnover, the law of obligations constitutes a certain system of civil law institutions, reflecting both

The main trends in the development of the law of obligations
The law of obligations is characterized by some general directions of its development. First of all, the dominant place in it is occupied by contract law, which regulates normal

Obligation as a civil legal relationship
Commitment in the general view represents the relationship of participants in economic turnover (exchange of goods), regulated by the rules of the law of obligations, i.e. one of

Grounds for the emergence of obligations
Like other legal relations, obligations arise from various legal facts, called in the law of obligations the grounds for the emergence of obligations (clause 2 of article 307 of the Civil Code).

Commitment system
In accordance with the established system of the law of obligations, obligations are divided according to different groups(species), i.e. are systematized. At the heart of their generally accepted systematization

Certain types of obligations
Obligations also differ in their legal features - the content and correlation of rights and obligations, the certainty or nature of the subject of execution, the number of participants

Commitments with multiple persons
Each obligation involves a debtor and a creditor. But this does not mean that the number of participants in any obligation is limited to two persons. First, the number of creditors and up to

Liabilities involving third parties
With the main subjects of the obligation (with the creditor or with the debtor, or with both at the same time), third parties may be connected by legal relations, usually not being an obligation in this

Change of persons in obligation
The needs of a developed property turnover often dictate the replacement of participants in an obligation. For example, the need for a creditor under a monetary obligation to obtain

The concept of fulfillment of obligations
The fulfillment of an obligation consists in the performance by the debtor in favor of the creditor of a specific action constituting the subject of the obligation, or in refraining from certain obligations.

Principles for the fulfillment of obligations
The performance of any obligations is subject to certain general requirements that constitute the principles for the performance of obligations. The most important of these is the principle of proper

Conditions for the fulfillment of obligations
The conditions characterizing the proper performance of an obligation include the requirements for the subject and subject of performance, as well as the time, place and method of performance. T

The essence and significance of ways to ensure the fulfillment of obligations
Each obligation is based on the belief of the creditor in the future performance by the debtor of an action necessary to satisfy the interest of the creditor. Therefore, in Russian civil law

Accessory and non-accessory methods of ensuring the fulfillment of obligations
Ways to ensure the fulfillment of obligations are divided into accessory (additional) and non-accessory. Deposit, guarantee, pledge and retention are accessory methods

Other ways to ensure the fulfillment of obligations
The legislator, as special legal methods of ensuring the fulfillment of obligations, considers other ways of ensuring the fulfillment of obligations, statutory l

The concept and essence of the penalty
Despite the fact that the penalty is one of the forms of sanctions in the obligation, i.e. an integral element of the obligation itself, in Russian legislation and legal literature

Security function of the penalty
The additional (security) value of the penalty in comparison with the general sanction for damages is manifested, according to the Russian legislator, in the following * (49). Vo-ne

The concept and functions of the deposit
The legal definition of a deposit is given in Art. 380 GK. The depositor recognizes the amount of money issued by one of the contracting parties on account of the fees due from it under the contract

Evidential function of the deposit
In accordance with the law, a deposit is issued as proof of the conclusion of the contract, i.e. performs a probative function. It follows that if there is an agreement between the parties

Security deposit function
Main function deposit - ensuring the fulfillment of a contractual obligation. The issuance and receipt of a deposit encourage the parties to fulfill a contractual obligation because the law

Special types of deposit
The current legislation provides for the possibility of using a deposit that actually performs two functions - evidentiary and security. In accordance with paragraph 4 of Art. 44

The concept of guarantee
The guarantee is one of ancient ways enforcement of obligations, rooted in Roman law. Guy in the Institutions formulates a surety (ad

Signs of a surety agreement
The surety agreement is consensual, unilateral and free of charge. The unilateral nature of the suretyship agreement means that the trustee (the secured creditor)

Types of guarantee
The guarantor may assume responsibility for the performance by the debtor of the obligation, limiting his liability to a certain period. In this case, one speaks of a surety,

The essence of the obligation from the surety agreement
The essence of the obligation from the surety agreement is described by the modern Russian legislator by the formula: the surety undertakes to be responsible to the creditor for the debtor's performance

Consequences of performance by the guarantor of the obligation from the guarantee
With the fact of fulfillment by the guarantor for the debtor of the secured obligation, the current law connects the emergence of a relationship between the guarantor and the debtor. The content and nature of these

Termination of guarantee
Termination of a guarantee may take place both on general and on special grounds. For example, a guarantee is terminated if the subjects decide to novate it and, in accordance with

The concept and essence of a bank guarantee
By virtue of a bank guarantee, a bank, other credit institution or insurance organization (guarantor) gives, at the request of another person (principal), a written obligation to pay the creditor

Agreement between the principal and the guarantor on the issuance of a bank guarantee
The content of the agreement between the principal and the guarantor on the issuance of a bank guarantee is determined by their mutual agreement. The main thing in this agreement is the terms on obligations for

Fulfillment and termination of obligations arising from a bank guarantee
The fulfillment of obligations arising from a bank guarantee begins from the moment the beneficiary presents to the guarantor a demand for payment sum of money under a bank guarantee. Trebs

Recourse claims of the guarantor against the principal
They may take place if the right to such claims was enshrined in an agreement between the guarantor and the principal, in pursuance of which the guarantee was issued. In the absence of an agreement

The concept of collateral
Pledge has been known since Roman law, which referred it to the category of rights to other people's things (jura in re aliena). In the early stages of the development of Roman law, the form of pledge was fidu

Types of collateral
The subject of pledge may or may not be transferred to the pledgee. The fact that the pledged property is held by the pledgor or pledgee affects their rights and obligations.

Subjects of pledge relationship
The subjects of the pledge relationship are the pledgor and the pledgee. A pledgor is a person who pledged property as a pledge. The mortgagee is the person who has accepted the property

Subject of pledge
The subject of the pledge is the property specially allocated as part of the pledgor's property or transferred to the pledgee, from the value of which the pledgee has the right

Grounds for the emergence of a pledge relationship
The right of pledge, as well as the pledge legal relationship itself, may arise by virtue of an agreement or by virtue of an indication of the law. A pledge arises on the basis of the law upon the occurrence of the

Registration of a pledge
For the pledge agreement, a mandatory written form is provided (clause 2 of article 339 of the Civil Code), non-compliance with which entails the invalidity of the pledge agreement (clause 4 of article 339 of the Civil Code). According to

Legal nature of the right of pledge
The right of pledge arises from the moment the pledge agreement is concluded (Article 341 of the Civil Code, Article 11 of the Law on Mortgage), and in relation to the pledge of property that belongs to the transfer to the pledgee -

Foreclosure on pledged property
Foreclosure on pledged property means its arrest (inventory), seizure and forced sale (clause 1, article 46 of the Law of the Russian Federation "On Enforcement Proceedings"). Basics

Sale of pledged property
Realization (sale) of the pledged property, which is foreclosed, is carried out by selling at public auction in the manner prescribed by the procedural legislation, e

Pledge of goods in circulation
The first mention of the pledge of goods in circulation dates back to ancient rome. So, the well-known Roman lawyer Scaevole was asked: "The debtor gave the creditor in the hall

Pledge of things in a pawnshop
Article 358 of the Civil Code names the signs of a pledge of things in a pawnshop, allowing it to be distinguished as an independent type of pledge. First, pledgers in this agreement can only be

The concept of the right of retention of things
The right of retention (jus retentionis) is an institution of ancient origin. It was known in the Roman law * (154), was applied and applied in many legal systems * (155). In the current

Subject of the right of retention
The subject of the right of retention can only be a thing that is the property of the debtor (or belongs to him on a different title), i.e. something alien to the creditor. The object of retention cannot

Rights and obligations of the retentor and the debtor
Within the scope of the right to retain the thing, the retentor has two powers. Firstly, the retentor, while holding a thing, is its title owner, and therefore can act

Special cases of application of the right of retention
Special cases of application of the right of retention take place in the implementation of obligations arising from contracts for work, transportation, commission, commission, construction and repair of a sea vessel

The concept and grounds for termination of obligations
Obligatory legal relations, unlike real ones, by their very nature cannot be perpetual. There comes a point in their existence when they stop.

Termination of an obligation by a transaction
Transactions terminating an obligation can be either unilateral (proper performance, set-off of a counterclaim) or bilateral (compensation, novation and debt forgiveness). Heads

Termination of an obligation on other grounds
The obligation is terminated by the coincidence of the debtor and the creditor in one person (Article 413 of the Civil Code). It's about on cases when the obligor under an obligation (the passive party) obtains the right to claim

The essence and meaning of the contract
Property (civil law) turnover as a legal expression of commodity-money, market economic relations consists of numerous specific acts of alienation and

The concept of a contract
Being a product, a necessary form of commodity exchange, the civilistic category of the contract and its legal form developed and became more complicated as the concept itself developed.

Freedom of contract
Contractual relations of subjects of civil law are based on their mutual legal equality, excluding the imperious subordination of one side to the other. Therefore, the conclusion

Organizational and property agreements
Civil law contracts are divided into property and organizational. Property contracts include all contracts that directly formalize the acts of exchange of their participants and

Public contract and accession contract
From the point of view of the procedure for concluding and forming the content, special types of contracts are a public contract and an accession contract. The rules about these treaties, in fact,

Essential terms of the contract
The content of the contract as an agreement (transaction) is a set of conditions agreed upon by its parties, in which the rights and obligations of counterparties are fixed, which make up the content

Other terms of the contract
The essential terms of the contract can be divided into prescribed and proactive. Such a division is important from the point of view of the organization and technique of concluding contracts, especially in the field of

Interpretation of the contract
Sometimes certain conditions (clauses) of a written contract, for various reasons, are formulated by the parties unclearly or incompletely, which may lead to disagreements and conflicts between

The concept of concluding a contract
Conclusion of an agreement is the achievement by the parties in the proper form of an agreement on all essential terms of the agreement in the manner prescribed by law. Contract consider

The procedure and stages of the conclusion of the contract
The procedure for concluding a contract is that one of the parties sends to the other its proposal to conclude a contract (offer), and the other party, having received an offer, accepts the proposal.

Settlement of disputes arising from the conclusion of the contract
Disagreements arising from the conclusion of an agreement may be referred to the court in two cases: if there is an agreement between the parties on the transfer of the arisen or

Contract form
Contracts as bilateral and multilateral transactions are made orally or in writing (simple or notarial). The requirements for the form of the contract are similar to those for

The moment of conclusion of the contract
The moment of conclusion of the contract is important, since it is with it that the legislator associates the entry into force of the contract, i.e. binding for the parties of the terms of the concluded contracts

Termination and modification of the contract
1. Methods of termination and amendment of the contract 2. Procedure for termination and amendment of the contract 3. Consequences of termination and amendment of the contract 4. Termination and

Ways to terminate and change the contract
The grounds for termination (change) of the contract are the agreement of the parties, a material breach of the contract, or other circumstances provided for by law or the contract. I will terminate

Termination and modification of the contract
The procedure for terminating (changing) the contract depends on the method used to terminate or change the contract. When terminating (changing) the contract by agreement of the parties, the

Consequences of termination and amendment of the contract
The consequences of terminating or amending the contract are that, - firstly, the obligations arising from this contract are terminated or changed; - secondly

Termination and amendment of the contract by agreement of the parties
An agreement to amend or terminate a contract is made in the same form as the contract, unless it follows from the law, other legal acts, the contract or business practices

Termination and amendment of the contract at the request of one of the parties in a judicial proceeding
Grounds for termination or amendment of the contract at the request of one of the parties in judicial order is a material breach of the contract by the other party or other grounds, directly

Termination and modification of the contract due to unilateral withdrawal from the contract
In the event of a unilateral refusal to perform the contract in whole or in part, when such refusal is permitted by law or by agreement of the parties, the contract shall be deemed accordingly terminated.

Termination and modification of the contract due to a significant change in circumstances
A change in the circumstances from which the parties proceeded at the conclusion of the contract is recognized as significant when they have changed so much that, if the parties could reasonably foresee this

The meaning and scope of the sale
The contract of sale is one of the most important traditional institutions of civil law with a long history of development. Already in classical Roman law, it takes shape in

The concept of a contract of sale
Under a contract of sale, one party (the seller) undertakes to transfer the thing (goods) into the ownership of the other party (the buyer), and the buyer undertakes to accept this goods and pay

Parties to the contract of sale
The parties to the contract of sale (its subjects) are the seller and the buyer. As a general rule, the seller of the goods must be its owner or have some other limited property.

Subject of the contract of sale
The subject of the contract of sale is the actions of the seller to transfer the goods to the ownership of the buyer and, accordingly, the actions of the buyer to accept these goods and pay for

The seller's obligation to deliver the goods on time
The main obligation of the seller is to transfer to the buyer the goods that are the subject of sale within the period established by the contract, and if such a period is not established by the contract

Transfer of ownership of goods
The seller is obliged to transfer to the buyer the goods free from any rights of the third parties * (212). The only exceptions are cases where there is the consent of the buyer to accept the goods, encumbered

Number of goods
The quantity of goods to be transferred to the buyer must be determined in the contract in the appropriate units of measurement or in monetary terms. However, it is possible

Product range
The contract of sale may provide that goods are subject to transfer in a certain ratio by types, models, sizes, colors and other characteristics (assortment). Sales

Product quality
The requirements for the quality of the goods must be provided for in the contract of sale. The seller is obliged to transfer to the buyer the goods, the quality of which corresponds to the contract.

Completeness of goods
Under the contract of sale, the seller is obliged to transfer to the buyer the goods that comply with the terms of the contract on completeness, and in the absence of such a contract, the completeness of the goods is determined

Container and packaging
The seller is obliged to transfer the goods to the buyer in containers and (or) packaging, with the exception of goods that, by their nature, do not require packaging and (or) packaging. Other may be predetermined

Notification of the seller about non-conformities of the goods
A necessary condition for the buyer to present any claims to the seller related to the violation of the terms of the contract of sale on the quantity, assortment, quality,

Buyer's obligation to accept the goods
The buyer under the contract of sale is obliged to accept the goods transferred to him. The only exceptions are those cases where the buyer is entitled to demand a replacement of the goods or refuse to

Buyer's obligation to pay for the goods
The buyer is obliged to pay for the goods immediately before or after their transfer to him by the seller in the amount of their full price unless otherwise provided by law or contract, or

The concept and features of the contract of retail sale
Under a retail sale and purchase agreement, the seller, carrying out entrepreneurial activities in the sale of goods at retail, undertakes to transfer to the buyer the goods intended for

Features of protecting the rights of citizens-consumers under a retail sale contract
A consumer within the meaning of the Consumer Rights Protection Law is only such a citizen who acquires and uses goods solely for the purposes of personal consumption, and not for

Rights and obligations of the parties to the retail sale contract
According to Art. 454 and 492 of the Civil Code, the main obligation of the seller is to transfer the ownership of a thing (goods) to the buyer. The law imposes uniform requirements on the transferred thing from the point of

Types of retail sale contract
The division of the retail sale contract into types in the legislation is carried out for various reasons. In the Civil Code, the following types of it are distinguished: - sale of goods with the condition of

The concept and subject of the contract for the sale of real estate
Under a contract for the sale of real estate (contract for the sale of real estate), the seller undertakes to transfer to the ownership of the buyer a land plot, building, structure, apartments

Parties to the contract for the sale of real estate
The seller and the buyer under the contract of sale of real estate can be both legal entities and individuals. At the same time, it should be borne in mind that the charter or special

Real estate sale contract form
The contract for the sale of real estate must be concluded in writing by drawing up one document signed by the parties. Failure to comply with the established form of the sales contract is not

Rights to a land plot upon sale of real estate located on it
When concluding and executing a contract for the sale of a building or structure, the question of the buyer's right to the land plot associated with the real estate being sold necessarily arises. Case

Execution and termination of the contract for the sale of real estate
The main obligation to be fulfilled by the seller and the buyer is the transfer of real estate by the seller and acceptance by the buyer according to the deed of transfer or other document on

Features of the sale of residential premises
An essential condition of the contract for the sale of a house, apartment, part of a residential building or an apartment, other housing in which persons live who, in accordance with the law, retain the right to use

Execution of the contract for the sale of the enterprise
The execution of the contract for the sale of an enterprise can be reduced to three most important actions parties: - notification of creditors for obligations included in the enterprise;

Responsibility of the parties under the enterprise sale agreement
Main Negative consequences for the seller are related to the transfer of a company with defects and are provided for in Art. 565 GK. Consequences of transfer by the seller and acceptance by the buyer

The concept of an international sale contract
A contract of international sale is such a contract, which has a foreign element. Its parties usually have different nationality (or their commercial

Features of the contract of international sale
A number of provisions of the Vienna Convention governing the contract of international sale differ from the norms of the Civil Code governing similar legal relations. In particular, in accordance with

Meaning and scope of delivery
The wholesale circulation of goods, the relationship between professional sellers and buyers, is traditionally viewed as a supply of goods. Even in pre-revolutionary Russian civil

The concept of a supply contract
A supply contract is such a contract of sale, according to which the seller (supplier), carrying out entrepreneurial activities, undertakes to transfer within the stipulated period

Execution of the supply contract
Of great importance in supply relations is the procedure for the supplier to fulfill his obligations to supply goods to the buyer (Article 509 of the Civil Code). Delivery must be made by

Change and termination of the supply contract
One of the consequences of non-fulfillment or improper fulfillment of the supply contract under certain conditions may be the realization, respectively, by the supplier or buyer of the rights

The meaning and scope of the contract for the supply of goods for state needs
One of the types of sale and purchase is the supply of goods for state needs. Acting as a buyer of goods necessary to meet the needs of the state, Ros

Grounds for the supply of goods for state needs
The supply of goods for state needs should be carried out on the basis of a state contract, as well as contracts developed in accordance with it for the supply of goods for state

The procedure for concluding state contracts
Under a state contract for the supply of goods for state needs, the supplier (executor) undertakes to transfer the goods to the state customer or, at his direction, to another person.

Fulfillment of obligations under the state contract
In cases where the state contract for the supply of goods for state needs provides that the supply of goods is carried out by the supplier (executor) directly

Supply of goods between organizations of the CIS member states
The mechanism for the supply of goods for state needs is used to form contractual relations between organizations of the CIS member states in order to fulfill interstate

Energy supply agreement
1. Energy supply and its civil law regulation 2. Concept of an energy supply agreement 3. Content of an energy supply agreement 4. Conclusion of an agreement

The concept of an energy supply contract
Under the power supply agreement, the power supply organization undertakes to supply the subscriber (consumer) * (301) through the connected network with energy, and the subscriber undertakes to pay for the received electricity

Responsibility of the parties to the energy supply agreement
Previously, the legislation provided for a limited liability of energy supply organizations. It was limited to the payment of fines, the subscriber was deprived of the right to collect

Change and termination of the energy supply contract
Changing the terms of the energy supply agreement is possible by agreement of the parties, as well as a sanction for violation of their obligations by the subscriber. to the terms of the contract, which

Agreement on the supply of products (goods) through the connected network
Sale of products (goods) using the connected network is carried out not only in the field of electricity supply. Signs inherent in the contract for the supply of electricity

Significance and scope of contracting
The contracting agreement, which is a separate type of sale and purchase agreement, is designed to regulate relations related to purchases from agricultural organizations and peasant (farmers)

The concept of a contracting agreement
A contracting agreement is a type of sale and purchase agreement under which the seller - the producer of agricultural products undertakes to transfer the grown (produced)

Legal regulation of purchases of agricultural products for state needs
The contracting agreement can regulate relations for the purchase of agricultural products, raw materials and food for state needs (paragraph 2 of article 535 of the Civil Code). Specified rights from

The concept of an exchange agreement
Under an exchange agreement, each of the parties undertakes to transfer one commodity to the ownership of the other party in exchange for another (paragraph 1 of article 567 of the Civil Code). It follows that this agreement is

Features of the exchange agreement
Extension to exchange relationships general rules about purchase and sale eliminates the need for detailed consideration of the provisions on the subject composition and form of this agreement * (333). Together

Foreign trade barter
In the lexical meaning between the words "barter" and "barter" one can draw an identity (barter - from the English barter, which means to change, exchange). From a legal point of view

The concept of a gift agreement
Under a donation agreement, one party (donor) transfers free of charge or undertakes to transfer to the other party (donee) a thing in ownership or a property right (claim) to itself

Donation
Donation of a thing or right for generally useful purposes is recognized as a donation (paragraph 1 of article 582 of the Civil Code). Thus, a donation is a kind of gift. Main feature

The concept and development of rental relations
Rent (German Rente, French - rente - from Latin reddita - given away) as an economic category means any regularly received income from capital, property or land that does not require

The concept of an annuity agreement
Under a rent agreement, one party (the rent recipient) transfers property to the other party (the rent payer), and the rent payer undertakes in exchange for the received property

The legal nature of the annuity agreement
An annuity agreement is an independent type of agreement. It differs from a donation contract in that a person who has alienated property into the ownership of another has the right to demand

Protecting the interests of the recipient of the rent
Rent payments can be made in the form of cash payments (clause 1 of article 590, clause 1 of article 597 of the Civil Code), as well as in the form of providing a dependency, including providing for housing needs,

Permanent rent agreement
The main feature of a permanent annuity is the perpetual nature of the obligation to pay the annuity imposed by the agreement on the annuity payer. This means that his existence is not about

Life annuity agreement
This type of annuity agreement gives rise to urgent obligations to pay rent payments. They are established for the life of the recipient of the annuity. In other words, the death of the recipient of the annuity

Lifetime maintenance contract with a dependent
Under a life maintenance agreement with a dependent, the recipient of the rent - a citizen transfers his residential house, apartment, land or other real estate into ownership

The concept of a lease agreement
The property lease agreement originated in Roman law as a contract for the lease of things (locatio-conductio rerum) * (370). Pre-revolutionary Russian civil law used

Termination of the lease
The main reason for the termination of obligations from the lease agreement is the expiration of its term. But if the tenant continues to use the property after the expiration of the contract, then

The concept of a rental agreement
A rental agreement is an agreement under which the lessor, who leases property as a permanent business activity, undertakes to

The concept and types of vehicle rental
The allocation of a vehicle lease agreement as a separate type of lease agreement is dictated by the features of its subject - a vehicle. It is easy to find out that

Vehicle rental agreement with crew
Under a lease (temporary charter) agreement for a vehicle with a crew, the lessor provides the lessee with a vehicle for a fee for temporary possession and use

Rental agreement for a vehicle without a crew
Under a lease agreement for a vehicle without a crew, the lessor provides the lessee with a vehicle for a fee for temporary possession and use without providing services for

Rights to a land plot when renting a building
Traditionally, in Russian civil law, buildings and structures were designated by the term "structure". At the same time, a building was and is understood as a building that is firmly legally bound

The concept of a lease agreement for a building or structure
Under a lease agreement for a building or structure, the lessor undertakes to transfer the building or structure to the tenant for temporary possession and use or for temporary use (Article 650 G

Execution of a lease agreement for a building or structure
The transfer of the building (structure) by the lessor and its acceptance by the tenant must be carried out according to the transfer act or other transfer document signed by the parties (part 1, clause 1

The concept of an enterprise lease agreement
Under a lease agreement for an enterprise as a whole as a property complex used for entrepreneurial activities, the lessor undertakes to provide the lessee with

Execution and termination of the enterprise lease agreement
The transfer of the leased enterprise from the lessor to the tenant is carried out according to the deed of transfer (Article 659 of the Civil Code). From the essence of the transaction itself, it follows that the deed of transfer is obligatory

The concept of financial lease (leasing)
Simple lease relations are based on the act of transferring a thing for rent, which is an act of disposing of a thing for the purpose of making a profit. In contrast, leasing * (405) is a

Execution of the lease agreement
Fulfillment of obligations arising from a financial lease agreement is inextricably linked with the contract for the sale of the leased asset. At the time of the conclusion of the contract, the lessor (leasing

Types of leasing
The content of specific leasing transactions and the procedure for their implementation are largely determined by the type of leasing. The most frequently reported in the literature is the following types leasing. Finan

The concept of a gratuitous use agreement (loan agreement)
The contract of the loan (commodatum) is known since times of the Roman right * (416). This contract was known to the pre-revolutionary civil legislation * (417). In the Civil Code of the RSFSR of 1922, the norms on contracts

The scope of the loan agreement and its delimitation from related agreements
The loan agreement is applied in areas that are not entrepreneurial. It is very common in everyday relations between citizens (for example, the provision of one relative for

Change, termination and termination of the loan agreement
The procedure for amending, terminating and terminating a loan agreement is subject to general norms civil law, with the exceptions provided for by the norms of Ch. 36 GK. In Art.

The concept of housing relations
Among the personal needs of a person, the needs for food, clothing, housing and others, which are vital, vital needs * (422), are of paramount importance. Therefore, love

The right of citizens of the Russian Federation to housing
The right of citizens to housing is proclaimed in the Constitution of the Russian Federation (Article 40) and belongs to the group of the most important socio-economic rights of citizens. The content of the right to housing should be determined

Civil law forms of meeting the housing need
Acquiring a home as a property is the main form of satisfying housing needs in a market economy. In the Law of the Russian Federation "On the Fundamentals of the Federal Housing Policy"

housing law
Housing legislation - a set of laws and other legal acts, the norms of which regulate housing relations. Therefore, the subject of housing legislation

housing funds
In housing legislation, one of the basic concepts has always been the concept of "housing stock" in the sense of the totality of all residential buildings and residential premises located on the territory of the country

Residential lease agreement
1. The concept and types of a tenancy agreement 2. Prerequisites for concluding a contract for social tenancy of a dwelling 3. Provision of a dwelling from the fund

The concept and types of a tenancy agreement
Under a residential lease agreement, one party - the owner or a person authorized by him (landlord) undertakes to provide the other party (tenant) with residential premises for a fee of

Prerequisites for concluding a social tenancy agreement
To the prerequisites (conditions) under which a citizen can apply for a dwelling from the social use fund (free of charge), as follows from Art. 28 ZhK RS

Provision of housing from the social use fund
The decision to provide housing from the social use fund is made by the body in whose possession the housing stock is located. It entails the termination of housing (

Parties to a tenancy agreement
The landlord in both commercial and social hiring is the owner of the dwelling or a person authorized by him. An owner who has a housing stock usually creates for him

The object of the contract for the rental of residential premises
The object (or "subject" - in the more stable terminology of Article 52 of the RSFSR LC) of commercial and social lease agreements is an isolated residential building. room

Rights and obligations of participants in the obligation to rent a dwelling
From the point of view of the correlation of the rights and obligations of the parties that form the content of the obligation to rent a dwelling, it is mutual: each of the parties is both the landlord and the tenant

Residential sublease agreement and temporary tenant settlement agreement
The subjective rights of a tenant arising from a tenancy agreement include the right to lease the rented premises or part of it to another person - a subtenant by concluding

The concept of housing exchange
The exchange of residential premises is a rather complex institution of housing law, closely related to its other institutions. For example, one can consider it as one of the elements of the subjective

Parties and subject of the exchange agreement
Participants in the exchange of residential premises may be citizens (individuals) who own or own residential premises - an apartment, a room, a house, a part of

Conditions for the validity of the exchange
The conditions under which the exchange of residential premises is not allowed are specified in Art. 73 ZhK RSFSR. These include, in particular, the following cases: - if the employer is sued for termination

The concept and conditions for changing a housing lease agreement
In the housing legal relationship that arose from the contract for the rental of residential premises (both commercial and social), during the period of its validity, changes (transformation) may occur from

Separate cases of changing the contract of social housing tenancy
The division of residential premises is the most common case of changing the contract of social rental of residential premises. Its essence lies in the fact that an adult member of the nani family

Termination of a tenancy agreement
The concept of "termination of a tenancy agreement" is inextricably linked with the concept of "termination of the legal relationship of tenancy". Termination given

Cases of eviction of the tenant and members of his family
As a general rule, a citizen and his family, when they are evicted from the premises occupied under a social tenancy agreement, must be provided with another comfortable living quarters.

Termination of a commercial tenancy agreement
Among the principles of regulating the termination of a commercial lease agreement should include limiting the intervention of the state (legislator) in relations between the parties through the imperative

The position of housing construction and housing cooperatives in the transition to a market economy
Housing construction (ZhSK) and housing (ZhK) * (485) cooperatives in the 50-80s had a significant distribution in our country. They are voluntary associations of citizens

The right to housing in housing cooperatives
A person accepted as a member of the housing cooperative, by decision of the general meeting of members of the cooperative, is provided with a separate apartment, consisting of one or more rooms, in accordance with the number

Change and termination of the right to housing in the housing cooperative house
The departure of a shareholder from the cooperative may occur as a result of his exclusion from the cooperative or in the event of his death. The exclusion of a shareholder from the cooperative entails the loss of him and the member

The concept of a contract
Under a work contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and hand over its result to the customer, and the customer undertakes to accept

Execution of a contract
In accordance with Art. 702 of the Civil Code, the main obligation of the contractor is to perform certain work on the instructions of the customer and hand over to him the result of the work performed. Contractor performed

The concept of a household contract
Under a household contract, the contractor carrying out the relevant entrepreneurial activity undertakes to perform certain work on the instructions of a citizen (customer),

Execution of a household contract
All the basic rules on a work contract are applied to relations under a consumer contract, taking into account the features reflected in § 2 Ch. 37 GK. Special rules compared to

Legal consequences of discovering deficiencies in the work performed
According to Art. 737 of the Civil Code in case of detection of shortcomings during the acceptance of the result of the work or during its use, the customer may, within the general terms provided for in Art. 725

Legal Consequences of Delay in Work Completion
According to Art. 27 of the Law on the Protection of Consumer Rights, the contractor is obliged to carry out the work within the time period established by the rules for the performance of certain types of work or the household agreement

Warranty and subscription service
The rapid development and growth, as well as the complication of electronic, other household appliances and vehicles intended for consumers required their manufacturers to provide

The concept and types of capital construction
Capital construction is an activity government agencies, local governments, individuals and legal entities, aimed at creating new and modernizing them

The concept of a construction contract
Under a construction contract, the contractor undertakes, within the time period established by the contract, to build a certain facility on the instructions of the customer or to perform other construction work, and for

Types of building contract
The following types of construction contracts are distinguished: - contracts for the performance of construction and installation and other works on the facility as a whole: for new construction

Terms of the building contract
The essential terms of a building contract are the terms on the subject matter, price and term of the contract. Subject of the contract. Condition on the subject of the construction contract

Rights and obligations of the parties to the construction contract and their execution
The obligations of the contractor under the construction contract are determined by its conditions set out above, as well as the requirements of regulatory and technical documents that are mandatory for him

Delivery and acceptance of the result of work performed under a construction contract
The customer organizes and carries out the acceptance of the result of the work performed, and at his own expense, unless otherwise provided by the contract. The customer who received the contractor's message about the readiness

Property liability for violation of the terms of the construction contract
Such liability can be established both in a contractual manner, i.e. by agreement of the parties, and in a regulatory manner, i.e. prescribed by law or other legal acts.

Modification and termination of a building contract
A change in the content of the contract may take place, for example, when the customer makes changes to the technical documentation for the construction object (it determines the construction

Design and surveys for capital construction
Design for capital construction - the process of creating a project for a capital construction object, is one of the stages of the investment process in the field of capital

Examination and acceptance of technical documentation
In accordance with the Decree of the Council of Ministers - the Government of the Russian Federation of June 20, 1993 "On the State Expertise of Urban Planning and Design and Estimate Documentation" about

Amendment, termination of the contract and property liability for violation of its terms
A change in the content of the contract for the performance of design and survey work may take place when the customer makes changes to the technical documentation, provided that

The concept of a state contract for the performance of contract work for state needs
Under the state contract for the performance of contract work for state needs (hereinafter referred to as the state contract), the contractor undertakes to perform construction, design and other

Grounds and procedure for concluding a state contract
In accordance with Art. 765 of the Civil Code, the grounds and procedure for concluding a state contract for the performance of contract work for state needs is determined in accordance with the provisions

Civil law forms of use of exclusive rights
1. The concept of using exclusive rights (intellectual property) 2. Ways of acquiring exclusive rights 3. Granting exclusive

The concept of using exclusive rights (intellectual property)
Compulsory and other civil law forms of commercial use of exclusive rights (intellectual property) and confidential information (know-how) in everything

Ways to acquire exclusive rights
In the field of exclusive rights, by analogy with real rights, one should operate with the broadest category of "acquisition of rights" and distinguish between its original and derivatives.

Granting exclusive rights by law
The right to use the protected object in own production provided by law to the employer in case he does not use his rights, primarily

Transfer of exclusive rights to the common property of partners and to the authorized (share) capital of a business company (partnership)
The transfer of exclusive rights can take place within the framework of the joint activities of subjects of property legal relations, both with and without the formation of a legal entity (p.

Transfer of exclusive rights in the order of succession
Peculiar civil law forms of acquiring exclusive rights to use the results of intellectual activity are universal (inheritance) and singular

Exclusive rights and privatization of state and municipal property
At one time, the privatization of property was called the civil law form of acquiring exclusive property rights. However, in contrast to the previous Law "

Obligations-legal forms of use of exclusive rights
As part of the obligations, only real (arising, formalized, acquired) exclusive rights are used. They are realized as one of the types of property by assignment ("per

The concept of know-how
In addition to the function of establishing the regime for the use of intellectual property objects, civil law performs an outwardly similar function in relation to objects that are not publicly available (con

The legal regime of know-how and the legal basis for its acquisition
Within the meaning of paragraph 1 of Art. 139 of the Civil Code, the law suppresses encroachments on the property and personal interests of the owner of know-how by third parties if there are at least four conditions:

Forms of acquisition (assignment) of know-how
When establishing the results of intellectual activity or the means of individualization of goods and their producers of exclusive rights, the range of civil law forms of their primary

Types of agreements on the use of exclusive rights and know-how
Various agreements under which obligations arise and are implemented for the use of exclusive rights and know-how have significant differences. First of all, one of the contracts

Legal nature and subject of agreements on the use of exclusive rights and know-how
Agreements on the use of exclusive rights and know-how, taken together, outwardly resemble contracts of sale and purchase, and hiring (lease), and contracting. Often they are referred to as such, and

The concept and types of copyright agreements
The author's agreement is understood as an agreement between the author of a work of science, literature and art, or his employer, or another owner of property copyrights, with

Terms of the copyright agreement
Like any civil law contract, the author's contract is subject to the general provisions on the contract enshrined in the Civil Code (Articles 420-453). This applies equally to freedom of contract in all

Author's order agreement
An independent type of contract that has long been used in the field of intellectual activity is the author's order contract. According to the author's order contract, the author undertakes to

Liability under the copyright agreement
Important features are inherent in the responsibility of the parties under copyright agreements. Since these contracts are types of civil law contracts, their participants are liable for violation

Contract for the use of a work awarded in a public competition
A peculiar procedure for contractual use is established for a work created within the framework of a public competition. If the subject of such a competition was the creation of a work on

General provisions
Allied rights assigned to performers, phonogram producers, broadcasting and cable broadcasting organizations are transferred to users of the objects of their rights on a contractual basis. IN

Agreements on the transfer of exclusive performing rights
The transfer under contracts to other persons (users) of the exclusive rights of the performer is provided for by clauses 4 and 7 of Art. 37 ZoAP. The subject of the agreement is the permission to the user:

Agreements on the transfer of exclusive rights of a phonogram producer
As in contracts for the transfer of performing rights, in these contracts the subject matter is the permission for the user to reproduce the phonogram (ie, to make copies of it); redistribution

Agreements on the transfer of rights of broadcasting and cable broadcasting organizations
Possessing the exclusive right to transmit, a broadcasting organization has the right to allow another organization to simultaneously retransmit its transmission on the air, to communicate it by cable,

The concept of collective management of copyright and related rights
Since the practical implementation by each owner of their property copyright or related rights in individually may present significant difficulties, the law

Managing organizations
Organizations managing property rights on a collective basis, by virtue of paragraph 1 of Art. 45 of the Law on Administrative Offenses "does not have the right to engage in commercial activities." According to the goals of their activity

Implementation of collective management of rights
Owners of copyright and related rights voluntarily, on the basis of written agreements, transfer to managing organizations the authority to collectively manage property rights. On exercise

Patent Assignment Fee
The remuneration for the assignment of a patent may be paid in the form of either a lump sum or current payments in the form of a part of the profit received by the buyer from and

The concept of a license agreement
Unlike a patent assignment agreement, under license agreements there is a partial transfer of exclusive patent rights to inventions, utility models and industrial products.

Types of license agreements
Depending on the availability of patent legal protection, in particular, patent and non-patent licenses are distinguished (when a patent has not yet been issued on the application, but there is already a decision on its issuance).

License agreement for the use of a trademark
The right to use a trademark may be granted by its owner (licensor) to another person (licensee) also under a license agreement. This agreement may contain

Transfer of exclusive rights under an enterprise sale (lease) agreement
The right to use a trademark, as well as other exclusive rights, can also be transferred under a commercial concession agreement (franchising agreement) and a sales agreement

The concept of contracts for the implementation of research and development work
Contracts for the implementation of research and development work are important civil legal forms of organizing the processes of both the use and creation of many scientific and technical results. Dogo

The concept of a contract for the transfer of scientific and technical products
Since the late 1980s, contracts for the creation (transfer) of scientific and technical products have become widespread in practice. This was due to the implementation of economic reforms,

Execution of the contract for the transfer of scientific and technical products
Payments for scientific and technical products are carried out on the basis of the contract price, taking into account the fulfillment by the contractor and the customer of contractual obligations in accordance with the terms of payments

The concept of a know-how transfer agreement
A know-how transfer agreement may be concluded on the initiative of both the owner of the know-how and its buyer. Since the conditions necessary for a contract for the transfer of know-how, in practice

The concept of franchising
The contract of commercial concession (franchising) - new for our civil law * (555). Sufficiently wide distribution of this agreement both in foreign and domestic

The concept of a commercial concession agreement
Under a commercial concession agreement, one party (right holder) undertakes to grant the other party (user) for a fee for a period or without specifying a period, the right to use

Basic rights and obligations of the parties to a commercial concession agreement
A concession agreement, as an entrepreneurial one, is always paid. At the same time, it must contain specific conditions for determining and paying remuneration to the right holder. Law

Commercial sub-concession
Under the concession agreement, it is possible to establish the obligation of the user to provide a specified number of other entrepreneurs with permission to use on certain conditions.

Restrictions on the rights of the parties under a commercial concession agreement
The concession agreement may provide for a specific scope of use of the exclusive rights and commercial information received by the user from the copyright holder (for example, under Art.

Execution of a commercial concession agreement
The right holder is interested in the proper performance by the user of his obligations under the contract, primarily the obligations to ensure the quality of goods provided to consumers.

Amendment and termination of a commercial concession agreement
The concession agreement may be changed by the parties during the period of its validity in accordance with the general rules on changing civil law contracts. However, any changes to this agreement

Kulesha G.I.

The use of electrical and thermal energy is a necessary condition for the life of almost any person and the activity of an enterprise. IN Lately the task of stable and uninterrupted power supply to citizens, industry, housing and communal services, etc. has become particularly acute. In solving this problem, not only organizational and economic measures, but also proper legal regulation are of no small importance. However, at the present time, unfortunately, there is no conceptual legal act regulating legal relations arising in the course of energy supply. The 9 articles contained in the Civil Code (Articles 539-548 of the Civil Code of the Russian Federation) relating to an energy supply agreement cannot fully regulate the layer of relations that arise during the supply and use of electrical or thermal energy. The fragmentation of normative acts regulating relations in the field of energy supply, their different legal status, sometimes even inconsistency with each other, the absence of a single normative act similar to the canceled Rules for the use of electrical and thermal energy, leads to numerous disputes between energy supply organizations and energy subscribers (consumers), and , as a result, completely contrary decisions courts.

In this article, it is not possible to disclose all the features of the legal regulation of energy supply relations. In this regard, we will focus only on the most problematic issues that arise in the supply and use of electrical and thermal energy.

The special properties of electrical energy: the impossibility of visually detecting it as a thing, the inseparability of the processes of its receipt (production) from consumption - as a single process in time - have caused and continue to cause discussions not only in civil science, but also in criminal law science. There is still no consensus on whether energy is a thing (commodity) that can be bought or sold as an object of ownership.

So, even the great Russian civilist M.M. Agarkov noted that electrical energy is neither a right nor a thing, therefore, under an electricity supply contract, the power plant undertakes to perform the work necessary to deliver energy to the consumer, and not transfer any property to the latter. Thus, according to M.M. Agarkov, the power supply contract should be considered a work contract.

Among Western civilists, there is a widespread opinion that “legally, energy can only be expressed in the form of an obligation. This is a thing that is always defined by generic characteristics, which are expressed only in the results of its use, and is sold in accordance with the unit of measurement. Representing an important object of obligation, it can never be an object of ownership.

Despite the existing disputes about the legal nature of the energy supply agreement, the legislator nevertheless classified it as a type of sale and purchase agreement, albeit with its own specific features. Namely:

Publicity of legal relations arising between the parties under the energy supply agreement;

A special subject composition of legal relations - an energy supply organization is a special subject of civil law, because refers to subjects of natural monopolies;

Specific product - energy (electrical or thermal (hot water, steam);

Way of transferring goods - through the attached network;

The Subscriber has a power receiving device that meets the technical requirements;

Obligation of the Subscriber to comply with the energy consumption regime stipulated by the contract, ensure the safety of operation of energy networks, instruments and equipment under his control;

Ensuring accounting of supplied (consumed) energy;

State regulation of tariffs for electricity and thermal energy;

Interdependence and interconnectedness of the activities of the energy supply organization and the Subscriber.

Let us consider the above features in more detail, while dwelling only on the most urgent and topical issues.

As noted above, the energy supply contract is public. What legal implications entails the publicity of the contract? In accordance with paragraph 1 of Art. 426 of the Civil Code of the Russian Federation, a public contract is a contract concluded by a commercial organization and establishing its obligations to sell goods, perform work or provide services that such an organization, by the nature of its activities, must carry out in relation to everyone who applied to it (retail trade, transportation by public transport , communication services, power supply, etc.) Paragraph 3 of the same article provides that in case of unjustified evasion commercial organization from the conclusion of a public contract, the provisions of paragraph 4 of Art. 445 of the Civil Code of the Russian Federation, according to which, if the party for whom the conclusion of the contract is mandatory evades its conclusion, the other party has the right to apply to the court with a demand to compel the conclusion of the contract.

However, in practice, there are a lot of disputes related to the fact that not the energy supply organization, but the subscriber, to whose networks the sub-subscribers are connected, not wanting to "burden" themselves with obligations for the transmission and distribution of energy to sub-subscribers, refuse to conclude an energy supply agreement, referring to the fact that they are not energy supply organizations, they are not monopolists, and, therefore, they are free to conclude an agreement (Article 421 of the Civil Code of the Russian Federation), or that they do not supply energy, but provide energy transmission services that are not of a public nature.

It was noted above that at the moment there is no normative act similar to the Rules for the Use of Electricity and Heat Energy, which, in turn, further aggravates the already unenviable position of sub-subscribers.

In addition, recently a completely incomprehensible position has been taken by the legislator in the field of licensing. Paradoxical as it may seem, but in accordance with the current Federal Law of 08.08.2001 No. 128-FZ “On Licensing Certain Types of Activities”, such potentially hazardous activities as the production of electrical (thermal) energy are not subject to licensing. While "reception, transmission and distribution of electrical and thermal energy" is licensed as part of the operation of electrical or thermal networks. What is this? Legislative "blunder" or successful lobbying of the interests of producers of electrical and thermal energy. A rather “funny” situation is emerging” - CHPPs, boiler houses do not need a license in terms of production, and unfortunate Subscribers, to whose networks sub-subscribers are connected, need a license. In this situation, one can understand those subscribers who do not want to burden themselves with contractual relations with sub-subscribers.

Despite the fact that the Rules for the use of electric and thermal energy have been canceled, it still seems possible to use them, but as a custom of business turnover (Article 5 of the Civil Code of the Russian Federation - a custom of business turnover is recognized as a rule of conduct that has developed in any area of ​​business activity, not prescribed by law).

So, in accordance with clauses 1.2.6, 1.4 of these Rules, the consumer was obliged, at the request of the energy supply organization, if its technical capability was established, to connect power plants of other consumers (sub-subscribers) to its networks. Unfortunately, at the moment, this norm has not been reflected in any normative act. I would like to believe that the new Rules for the use of electrical and thermal energy will nevertheless provide for such a duty of the subscriber. At the same time, the structure of the relationship between the energy supply organization, the subscriber and the sub-subscriber can be completely different:

A tripartite agreement in which the energy supply organization supplies energy, the subscriber partially uses it for his own needs, and partially “transfers” (transports) it to the sub-subscriber, the sub-subscriber pays the energy supply organization the cost of actually consumed energy, and the subscriber pays the cost of “transmission services” or compensation for the operation of the subscriber’s networks ;

Two completely independent contracts - energy supplying organization - Subscriber, Subscriber - sub-subscriber;

Complex of contractual relations - 1. power supply contract between the Subscriber and the power supply organization; 2. power supply agreement between the Sub-subscriber and the power supply organization; 3 contract for limited use of the connected network between the Subscriber and the Sub-subscriber.

However, within the framework of the current legislation, the implementation of such contractual relations encounters the Subscriber's refusal to conclude an energy supply agreement (provision of energy transmission services, etc.) with reference to the fact that the relationship between the subscriber and the sub-subscriber is not a relationship of energy supply, but the provision of services, which are not public. The complexity of this situation is aggravated by the need for the Subscriber to obtain a license for the reception, transmission and distribution of electrical and thermal energy.

Arbitration practice in this case is very contradictory. The decision of the Arbitration Court seems obvious only in the event of a refusal to conclude an energy supply agreement (provision of energy transmission services) by specialized organizations included in the register of organizations in respect of which state regulation is carried out in accordance with Federal Law of April 14, 1995 N 41-FZ "On State Regulation of Tariffs for Electricity and Heat in the Russian Federation", Decree of the Government of the Russian Federation dated April 02, 2002 No. 226 "On Pricing for Electricity and Heat

The energy supply contract as a separate type of sale and purchase agreement occupies a special place among other ᴇᴦο types, which is due to the pronounced specificity of the ᴇᴦο subject - energy. "It is the features of the object that predetermine the need for special rules governing legal relations related to the supply of energy through the connected network" * (294). The supply of energy differs from the sale of ordinary goods mainly in that the transfer of energy as a commodity to the buyer (consumer) is possible only with the use of special technical means. These primarily include a network of wires through which energy belonging to the supplying organization flows to the consumer's network. Therefore, for the implementation of energy supply, the presence of wires (electrical, thermal) connecting the seller and buyer of energy is required - the connected network. The energy supply takes place via the connected network.

Energy cannot be regarded as an ordinary object of the material world, as a bodily thing; it is a property of matter, and matter, which is given a certain state (current voltage, water temperature, etc.). This property is found in the ability to perform useful work, to ensure the performance of various technological operations, to create the necessary conditions for work and recreation for people (lighting, ventilation, heating, etc.).

Energy, taking into account its physical properties, cannot be accumulated in significant quantities, stored, like other goods, in warehouses, in special containers. Useful properties of energy are realized in the process of its use, consumption. The result of use should be the work performed, the technological operation, etc. But the energy itself disappears, it does not materialize in products or in any other form. The fact that it existed and was used is recorded in the meter readings. However energy while it is in a network belongs to the one who is the owner of a network and (or) a source generating energy * (295). Among the powers of the supplying organization as an owner, the most important is the right to dispose of energy, which is realized in the form of its sale (vacation) to buyers (subscribers) or through other transactions (for example, a loan). Along with this, the supplying organization usually consumes a certain amount of energy for its own needs.

The powers of possession, use and disposal, which the subscriber exercises in relation to the energy he receives, mean the ability to direct it at his own discretion, in compliance with the current rules and conditions of the contract, to ensure the operation of equipment, various technological needs, for heating, hot water supply, etc. . It is also possible to dispose of energy (especially electricity) by reselling it to subscribers.