便利向用户(消费者)供电的民法合同制度

O. B. Novruzova
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引用次数: 0

摘要

的相关性。在世界经济和地缘政治形势不断变化的条件下,充足的国内电力市场需求是俄罗斯联邦国家安全的保障。高质量的合同结构法律规制是电力市场可持续发展的根本因素之一。与此同时,无论是立法者还是执法者,抑或是民学界的代表,都没有对促成向客户(消费者)供电的民法合同制度的要素进行统一的分类,这使得对这一问题进行全面的研究显得及时和方便。目的。这项研究的目的是发展一种民事合同的分类,这些合同有助于将电力供应客户(消费者)作为统一系统的组成部分。目的研究目前电力零售和批发市场的合同分类,确定与电力相关的民事法律制度的立法途径的具体特点。研究方法以辩证唯物主义法、系统法、分析法、综合法和形式法为代表。结果。发展了促进电力购买者(消费者)供应的民事合同制度的作者版本:规范批发电力市场的合同;规管零售电力市场的合约;保证上述合同履行的服务合同;与电力的生产、交付和消费有关的组织性合同。结论。《俄罗斯联邦民法典》关于合同、义务、履行和责任的一般规定完全适用于我国电力批发和零售市场的合同形式,但要考虑到能源立法的原则、规范和规则。建议在能源立法中规定,电力批发和零售市场的供电合同只有在民法供电合同的框架内,商业组织或个体企业家才能参与。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The System of Civil Law Contracts that Facilitate the Supply of Electricity to Customers (Consumers)
Relevance. Under the conditions of global changes in the world economy and geopolitical situation, sufficient supply of domestic power market needs guarantees national security of the Russian Federation. High quality of legal regulation of contractual structures is one of the fundamental factors that contribute to the sustainable development of the power market. At the same time, neither the legislator, nor law enforcers, nor representatives of civil science have not developed a unified classification of elements of the system of civil law contracts that contribute to the supply of customers (consumers) with electricity, which makes it timely and expedient to study this issue in a comprehensive way. Purpose. The study is to develop a classification of civil contracts that contribute to the supply of electricity cus-tomers (consumers) as elements of a unified system. Objectives to study the currently developed classifications of contracts in the retail and wholesale electricity market, to identify the specific features of the legislative approach to the system of civil law related to electricity. Methodology of the study is represented by the dialectical-materialistic method, the systematic method, as well as the analysis, synthesis and formal-legal method were applied. Results. Developed the author's version of the system of civil contracts contributing to the supply of buyers (consumers) of electricity: contracts regulating the wholesale electricity market; contracts regulating the retail electricity markets; service contracts that ensure the functioning of the above-mentioned contracts; organizational contracts that contribute to the production, delivery and consumption of electricity. Conclusion. General provisions of the Civil Code of the Russian Federation on contracts and obligations, their performance and responsibility are fully valid for contractual forms serving wholesale and retail power markets of our country, but taking into account principles, norms and rules of energy legislation. It is proposed to introduce into the energy legislation a provision that power supply contracts on the wholesale and retail power markets are possible only with participation of commercial organizations or individual entrepreneurs within the framework of civil law supply contract.
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