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Civil law. Part II. Elements of an energy supply contract (the most important)

Lecture notes, cheat sheets

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15. ELEMENTS OF THE ENERGY SUPPLY CONTRACT

By the parties in the energy supply contract are: seller energy and customer (energy consumer).

The seller is an energy supplying organization - a legal entity in the form of a joint-stock company, for example. Mosenergo, Krasnoyarskenergo. The structure of these organizations is complex, they include power plants of various types: thermal, nuclear, hydraulic. These organizations are commercial and operate on the basis of a license issued by the Ministry of Fuel and Energy. Since energy supply organizations are subjects of natural monopolies, they are included in the registers of subjects of natural monopolies in the fuel and energy complex, which are maintained by federal and regional energy commissions.

Subscribers and sub-subscribers act as buyers (consumers) of energy.

Sub-subscriber is an entity whose power plant is connected to the subscriber's networks. Individuals and legal entities can act as buyers, among them there is a category of "energy-intensive" consumers, in respect of which a different tariff and procedure for paying for energy are established.

The subject of the contract is energy: electric current, steam, hot water. Its quality should be established by the State Standard, the current rules and conditions of the contract. The quality of electricity is characterized by voltage and current frequency, and thermal quality - by temperature and pressure of steam, water temperature. The amount of energy is measured in kilowatts and gigacalories.

Features of the subject of the contract:

▪ transfer of the subject of the contract is carried out through a system of special technical means (wires, pipelines, water pipelines);

▪ acceptance and consumption of the subject of the contract require special equipment and ensuring the safety of both the consumer himself and those around him;

▪ the availability of special equipment is a necessary technical prerequisite for concluding a contract.

Price of the contract is determined not by the parties, but by tariffs approved by the state, periodically indexed and differing depending on who the subscriber is. The supply of electrical and thermal energy by an energy supply organization that is in municipal ownership is carried out at tariffs approved by local governments. Energy is paid for actual consumption in accordance with its accounting data.

Period of the contract is established only in those contracts in which the subscriber is a legal entity. The rules on terms are established in the Civil Code of the Russian Federation: an agreement concluded for a period, after its expiration, is extended for the same period, if neither of the parties declares a change in the conditions or the termination of the agreement.

Order conclusion of an agreement and form depend on the subject composition of subscribers and the purpose of using the product. So, if the subscriber is a citizen who consumes energy, the form of the contract will be conclusive. If the subscriber is an individual entrepreneur or a legal entity, the form of the contract must be in writing.

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