Abstract
This article examines the key trends in the legal regulation of maximum electric capacity reservation in the Russian Federation, with a particular focus on the recent energy legislation novelties. The author's primary focus is on the private law aspects of relationships between power consumers and providers in view of new contractual structures. For this purpose, a study was conducted to examine the features of Russian civil and energy law in comparison to contract law regimes that are analogous to the existing system of individual legal regulation of obligations in the Russian energy market. As a result, it is noted that the legal obligation to pay for reserved electric capacity introduced in Russian law has a mixed nature, combining both private and public law elements. The article correlates the terminological meanings of this obligation as a service, a contractual condition, a penalty, and a compensation, revealing its guarantee nature in the structure of the main power supply obligation. This feature leads to the conclusion that payment for reserved electric capacity is a material provision stipulated by the parties in power supply contracts or contracts for electricity transmission services. It reflects the price difference between the maximum capacity allocated at the consumer's power receiver as a result of the technological connection and the capacity actually consumed from the grid. The variable nature of this obligation does not align with the private law nature of contractual obligations and in essence, is not supported by mutual liability mechanisms that should underpin civil law relations in the field of electric capacity reservation.
Published Version
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