Features and subjects of the contract for the supply of electricity to the consumer

Abstract

In this study, the author examines in detail one of the types of sales contract - the energy supply contract, which in the late 20th - early 21st centuries is a necessary element of the life of society, a mandatory condition for the development of the economy, since the supply of energy resources to one degree or another requires all physical and entities. Over the past ten years, Ukrainian civil legislation, which regulates contractual relations, in particular relations in the field of energy supply, has radically changed. In the Civil Code of Ukraine, a whole group of articles regulating relations related to the conclusion, execution and termination of contracts in the field of energy supply appeared. The legal norms governing the relationship between electricity suppliers and its consumers have undergone radical changes. The relationship between the owner of energy and the organizations that transport it (electricity and heat networks) is being built in a fundamentally new way. Today, the question of whether energy is a thing and whether it can be the object of property rights is problematic and debatable. To what type is the contract according to which the power plant (as a supplier) undertakes to provide the consumer with electric energy? Can such an activity be considered contractual, since the power plant undertakes to carry out the work, the necessary delivery of energy to the consumer, or is it still another activity? In the article, the author considered the rules for concluding an energy supply contract and the features of a universal service provider. Particular attention is paid to the supplier of the «Last Event», the powers and duties of such an entity are disclosed. The author concludes that the contract for the supply of electric energy to the consumer can be considered both as a public contract and as a connection contract. The basic requirements for the electricity supplier from the consumer, the legality of its activity, the possibility of switching to a new supplier are indicated. Special features of the energy supply contract include: provision of energy through the connected network; availability of consumer energy metering devices; the right of the counterparty (energy supply organization) under the energy supply contract to supervise the technical condition of the consumer’s current receivers in order to ensure safety and reliable energy supply.