Место договора на строительство генерирующих объектов, функционирующих на основе возобновляемых источников энергии, в системе гражданско-правовых договоров

Abstract

In this article, the author has focused on the theoretical understanding of contractual instruments used to create renewable energy source (RES) based generating facilities. The purpose of the study is to find the legal peculiarities of the obligations aimed at the construction of these facilities against the background of a system of general and special contracts highlighted in the Russian civil law and energy law. To do this, the author has correlated the theoretical approaches that have developed in Russian civil jurisprudence and in the energy law science on the application of mixed and comprehensive contractual forms. As a result, the contract for the construction of RES-based generating facilities is proposed to be considered on two levels: as a single civil law agreement and as a set of related civil law transactions. In the first case, the contract generates a set of obligations aimed at the construction of the relevant facility, which subordinates the parties not only to the norms of civil law, but also to the requirements of the Russian energy laws. In the second case, several civil law contracts, including those of a mixed or comprehensive type, are aimed to achieve a common goal, the creation of a specific generating facility. In this case, the effect of civil and energy laws can be differentiated depending on the subject matter and content of the contract.