Civil law. Part II. Concept, types, characteristics and content of an energy supply agreement (the most important)

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Civil law. Part II. Concept, types, characteristics and content of an energy supply agreement (the most important)

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14. CONCEPT, TYPES, CHARACTERISTICS AND CONTENT OF THE ENERGY SUPPLY CONTRACT

Energy supply agreement - agreement, cat. one party (energy supply organization) undertakes to supply energy (or energy carriers) through the connected network to the other party (consumer subscriber), cat. undertakes to pay for it and ensure the established regime and safety of energy (or energy) consumption.

The contract is a legal form that draws up relations related to energy consumption, and is considered a type of sales contract.

Characteristics of the contract: consensual, compensated, mutual, public.

Types contracts:

1) on the subject: contract for the supply of gas, electricity, water, oil and oil products, thermal energy;

2) according to the subject composition of the contract: the contract for the energy supply of citizens, the contract for the energy supply of enterprises;

3) on other grounds: an agreement on mutual reservation of energy supply, an agreement on reverse power flows, etc.

The agreement is governed by Art. 539-548 of the Civil Code, as well as special regulations:

▪ Federal Law "On state regulation of tariffs for electrical and thermal energy in the Russian Federation"; "On natural monopolies"; "About energy saving";

▪ Resolutions of the Government of the Russian Federation “On approval of the rules for the provision of utility services and the rules for the provision of services for the removal of solid and liquid household waste”, “On the procedure for stopping or limiting the supply of electric and thermal energy and gas to consumer organizations in the event of non-payment of fuel supplied to them (used by them) energy resources", etc.

Feature of legal regulation: the rules on energy supply apply to contracts for the supply of various types of energy and energy carriers (gas, water, oil, etc.) unless otherwise provided by law or other legal acts.

The seller is obliged supply energy of the appropriate quality, due quantity, in compliance with the supply regime.

The seller has the right stop or limit the supply of energy without the consent and warning of the subscriber in the event of liquidation or prevention of an accident, followed by notification of the subscriber; demand payment for the energy used.

The subscriber is obliged pay for the received energy; observe the mode of its consumption; keep records of energy consumption; immediately notify the energy supply organization of violations arising from the use of energy; ensure the proper technical condition and safety of devices, equipment of energy networks in the event that he is a legal entity or an individual entrepreneur.

The subscriber has the right change the amount of energy he receives, subject to payment for it; use energy in the required amount if he is a citizen and uses energy for domestic needs; transfer energy to the sub-subscriber with the consent of the energy supply organization; terminate the contract unilaterally.

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