«Подводные камни» одностороннего расторжения договора энергоснабжения (риски гарантирующего поставщика при уклонении от расторжения договора и при использовании механизма одностороннего отказа от договора)

Abstract

The article analyzes the laws of the Russian Federation and the results of their implementation in the area of unilateral repudiation of a power supply contract through the prism of the implementation of the risks of a guaranteeing supplier of electric power in the form of invalidation of its actions and, as a consequence, imposition of administrative sanctions against it. The author examines two opposite situations, which do not contain elements of a violation: the guaranteeing supplier avoiding the termination of a power supply contract in the event of receiving a corresponding application from the consumer, and the guaranteeing supplier independently sending notices of unilateral repudiation of a power supply contract to the consumer. The study is divided into two main parts, each of which contains a detailed analysis of the laws on power supply with comparative legal references to foreign experience in legal regulation of the issues of power supply contract termination (on the example of the CIS member states) and a review of the court practice on various controversial situations, which have been settled in court decisions. The study has resulted in conclusions and recommendations on how to solve the problems arising in this area of activity for the guaranteeing supplier.