Система гражданско-правовых договоров, способствующих снабжению покупателей (потребителей) электроэнергией

Abstract

Relevance. Under the conditions of global changes in the world economy and geopolitical situation, sufficient supply of domestic power market needs guarantees national security of the Russian Federation. High quality of legal regulation of contractual structures is one of the fundamental factors that contribute to the sustainable development of the power market. At the same time, neither the legislator, nor law enforcers, nor representatives of civil science have not developed a unified classification of elements of the system of civil law contracts that contribute to the supply of customers (consumers) with electricity, which makes it timely and expedient to study this issue in a comprehensive way. Purpose. The study is to develop a classification of civil contracts that contribute to the supply of electricity cus-tomers (consumers) as elements of a unified system. Objectives to study the currently developed classifications of contracts in the retail and wholesale electricity market, to identify the specific features of the legislative approach to the system of civil law related to electricity. Methodology of the study is represented by the dialectical-materialistic method, the systematic method, as well as the analysis, synthesis and formal-legal method were applied. Results. Developed the author's version of the system of civil contracts contributing to the supply of buyers (consumers) of electricity: contracts regulating the wholesale electricity market; contracts regulating the retail electricity markets; service contracts that ensure the functioning of the above-mentioned contracts; organizational contracts that contribute to the production, delivery and consumption of electricity. Conclusion. General provisions of the Civil Code of the Russian Federation on contracts and obligations, their performance and responsibility are fully valid for contractual forms serving wholesale and retail power markets of our country, but taking into account principles, norms and rules of energy legislation. It is proposed to introduce into the energy legislation a provision that power supply contracts on the wholesale and retail power markets are possible only with participation of commercial organizations or individual entrepreneurs within the framework of civil law supply contract.