Abstract
The article updates the problem of the hierarchy of regulatory legal acts that define the legal basis for the circu-lation of electrical energy and capacity in the wholesale market in modern Russia. There has been a decrease in the role of the Civil Code of the Russian Federation in regulating relations regarding the wholesale supply of electricity. It is concluded that the Russian legislator did not justifiably exclude the Civil Code of the Russian Federation from the system of regulatory legal acts devoted to the wholesale market of electrical energy and capacity. The author’s position is substantiated on the recognition of energy legislation as a private-public insti-tution, on the strengthening of imperative state principles in regulating the circulation of electrical energy and capacity in the wholesale market in order to protect national security. A proposal has been made to supplement the Civil Code of the Russian Federation with a separate chapter devoted to the legal regime of contractual relations arising in the wholesale market of electrical energy and capacity.
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