Features of the Contract for Supply of Energy and Other Resources through an Attached Network

Abstract

The article by Lukasevych-Krutnyk I.S. is dedicated to defining the peculiarities of the contract for the supply of energy and other resources through an attached network and its place in the system of civil contracts through the prism of the provisions of the Concept of the Renewal of the Civil Code of Ukraine. It is noted that the recodification of Book 5 of the Civil Code of Ukraine envisages a comprehensive review of the norms of individual types of contracts, introduction of new contractual constructions into the system of civil contracts, and exclusion of certain contractual obligations. However, there is no mention of the contract for the supply of energy and other resources through an attached network in the list of contractual obligations that do not correspond to the modern dynamics of contractual relations. Therefore, it is evident that the investigated contractual structure will remain in the updated version of the Civil Code of Ukraine as one of the types of purchase and sale agreements. The application of general provisions on the contract of sale to the contract for the supply of energy and other resources through an attached network is fundamental for determining the legal nature of this contract and its civil regulation. The classification of the contract for the supply of energy and other resources through an attached network as contracts for the transfer of property, namely the contract of sale, is due to the fact that under this contract, goods are transferred from one party to another. However, the contract for the supply of energy and other resources through an attached network has several features that allow it to be identified as an independent type of purchase and sale agreement. Firstly, the subject matter of the contract is electrical or thermal energy, gas, or other resources. Secondly, the method of contract performance - continuous transfer of energy and other resources to the consumer is carried out only through the attached network. Thirdly, the transfer of energy resources entails a range of rights and obligations of the parties to the contract, which are not characteristic of other types of purchase and sale agreements.