How many stages are distinguished in the process of power supply. Practice applying the power supply contract

For the first time at the level of the law, the rules of power supply were established in the basics of civil law 1991 (Art. 84 of the foundations), in which the corresponding agreement was named "Treaty on the supply of energy and other resources through an attached network." It was envisaged that under this contract the supply contract undertakes to provide a consumer (subscriber) by the resource agreement provided for by the contract, and the consumer undertakes to pay for the accepted resources.

The concept of a power supply contract. By treaty of power supply The energy supplying organization undertakes to submit to the subscriber (consumer) through an affiliated network energy, and the subscriber undertakes: a) to pay for accepted energy; b) to comply with the contract provided for by the contract; c) ensure the safety of the operation of the energy networks that are in its conduct and the health of the instruments and equipment used by them (paragraph 1 of Article 539 of the Civil Code of the Russian Federation).

The attached network is understood as a system of technical devices that provide and safely used by the consumer.

The power supply contract is to the Subscriber if it has a power acquisition device that meets the established technical requirements attached to the networks of the power supply organization, and other necessary equipment, as well as while ensuring the consumption of energy consumption.

Legal characteristics of the power supply contract. The power supply contract is a consensus, compensated, mutual.

In addition, the contract relates to public contracts due to direct indication of paragraph 1 of Art. 426 of the Civil Code.

The essential conditions of the power supply contract. TO essential conditionsthe power supply contract includes provisions on its subject.

However in judicial practice To the essential conditions of the power supply contract, based on the analysis of paragraph 2 of Art. 539 of the Civil Code of the Russian Federation, sometimes include the subscriber with the technical requirements of the power receiving device attached to the networks of the power supplying organization, as well as ensuring the consumption of energy consumption.

It seems that these conditions do not relate to essential. Significant conditions are the conditions without which the contract is inconclusive. In paragraph 2 of Art. 539 of the Civil Code of the Russian Federation it was established that the power supply contract is concluded with the subscriber if it has an power receiving device attached to the networks of the power supply organization, and other necessary equipment, as well as when ensuring energy consumption. Suppose, in fact, the Subscriber has an power receiving device and an energy accounting device, but the contract does not contain provisions about this. Literal analysis of paragraph 2 of Art. 539 of the Civil Code of the Russian Federation makes it possible that in this situation the contract will be recognized as prisoners, since the conditions - the presence of an energy receiving device and ensuring energy metering. Thus, these conditions can be viewed as legal facts that are necessary along with another legal fact - the conclusion of the contract - for the presence of a complex legal composition, generating legal relations from the power supply contract.

In the scientific literature to the essential conditions of the power supply contract, some civilians include the conditions on the subject of the contract, the amount of energy, the quality of energy, the mode of its consumption. However, it seems that supporters of this point of view as significant conditions consider the components of the characteristics of the subject.

Subject of power supply contract. The subject of the power supply contract is energy.

From the standpoint of natural science knowledge, the energy is a property of a matter of a certain state (current voltage, temperature, etc.). This property is detected in the ability to produce useful work, to ensure the implementation of various technological operations, create the necessary conditions For labor activities and leisure people (lighting, ventilation, heating, etc.).

Energy has certain signs: consumption, the impossibility of visual detection of it as things, accumulating in stock in a significant amount for industrial consumption, the limited application of the principle of ownership, disposal to energy as a thing, the practical coincidence of the moment of production and energy consumption as a single process .

Discussion is the possibility of attributing to the subject of an oil supply contract of oil, petroleum products, gas, water and other resources.

Thus, all civilians recognize that if oil or petroleum products are transferred to the buyer in tanks, gas in cylinders, then such relationships will be governed by the contract of delivery or contract of sale. However, if the specified resources are transferred to the buyer through an attached network, then these legal relations in science are qualified in a different way.

I.V. Eliseev considers such legal relations as arising from the power supply contract, indicating that if the transfer and use of resources by the recipient is possible only with the help of a special attached network, their turnover will be carried out in the form of an energy supply contract.

Criticizing the position I.V. Eliseeva, V.V. Vitryansky fairly indicates that the supply of oil, gas, other resources and goods through an attached network is a technical feature (one of the ways) of the execution of obligations arising from such contracts, and in itself can not serve as a visual basis for allocating an independent type or even separate Type of contract of sale. As such a criterion for the allocation of an energy supply contract to a separate type of sale, it is necessary to consider only the object of this contract - energy. It is the features of the object predetermine the need for special rules regulating legal relations associated with the supply of energy through an attached network.

Thus, if the contract provides for transmission through an associated non-energy network, but other resources (goods): gas, petroleum products, water, etc. - This contract is not a power supply contract. The power supply contract is covered only by those legal relations, which add up when supplying consumers with electrical or thermal energy through an attached network.

However, by virtue of paragraph 2 of Art. 548 of the Civil Code of the Russian Federation to the relationship related to the supply through an affiliated network of gas, oil and oil products, water and other goods, rules on the energy supply contract are applied, unless otherwise established by law, other legal acts or does not flow out of the essence of the obligation.

The condition about the subject is consistent if the amount of energy consumed and its feed mode is agreed.

The following example is indicative of judicial practice.

According to Art. 544 of the Civil Code of the Russian Federation, unless otherwise provided by law, other legal acts or agreement of the parties, the payment of energy is carried out for the amount of energy actually adopted by the subscriber in accordance with the data of energy accounting.

Enforcement practice shows that the power supply contracts often include a condition that in the unauthorized connection of electrical installations, in violation of the work circuit and damage to the accounting devices, theft of electrical energy, the energy supply organization is an act and disclaims a subscriber on the actual power of electrical equipment that is in the use of the subscriber at the calculation Use it is 24 hours a day, i.e. payment is made not according to the accounting data, but at the installation capacity.

General accounting requirements are determined by special regulatory acts. For example, electricity metering claims are enshrined in the rules of accounting of electrical energy, approved by the Ministry of Health of the Russian Federation and the Ministry of Travel of the Russian Federation on September 19 and 26, 1996.

The procedure for calculations for energy is determined by law, other legal acts or agreements of the parties.

In civil literature, it is noted that it is impossible to mix the concepts of "order of calculations" and "form of calculations".

The procedure for calculations determines the procedure for fulfilling the commitment of the counterparty on the payment of goods or the repayment of other arrears. The procedure for calculations for electrical, thermal energy and natural gas is approved by the Government Decree Russian Federation from 04.04.2000 No. 294 "On approval of the procedure for calculations for electric, thermal energy and natural gas".

Forms of calculations are indicated in Articles 861 and 862 of the Civil Code of the Russian Federation.

Judicial practice comes from the fact that the lack of contractual relations with the organization whose heat-consuming installations are attached to the networks of the energy supply organization, do not relieve the consumer from the obligation to compensate the cost of heat released to it.

Thus, the energy supply organization appealed to the Arbitration Court with a claim to the consumer on the recovery of the cost of the thermal energy released.

The defendant objected to the claims, referring to the fact that it is not a consumer of thermal energy, as evidenced by the absence of a contractual relationship with a power supply organization.

The arbitral tribunal, agreeing with the arguments of the defendant, refused to satisfy the claims.

Cassation instance The decision of the court of first instance has canceled the claims of the power supply organization satisfied, because according to the materials of the case, the defendant was a balancer container of a number of objects of the accommodation of the neighborhood, which consumed thermal energy through the defendant's installations directly attached to the networks of the power supply organization.

It should also be added that for the unauthorized use of thermal energy, the subscriber can be attracted to administrative responsibility under Art. 7.19 Code of the Russian Federation on Administrative Offenses.

Parties to the power supply contract. The parties to the contract are the seller and the subscriber.

As a seller, energy supplying organizations are commercial organizations that produce or buy electrical (thermal) energy and sell it to consumers - citizens or organizations.

Special energy markets have special requirements for subject composition. For example, according to paragraph 8 of the government decree of 12.07.96 No. 793 "On the Federal (All-Russian) wholesale electric energy market (power)" supply of electrical energy (power) to the federal (all-Russian) wholesale market of electrical energy (power) and obtaining it with The specified wholesale market is carried out on the basis of contracts of the business entities with the Russian joint-stock company "UES of Russia" or the organization authorized by it in the prescribed manner.

The initial subscriber can also be a seller of energy, which transmits the energy to them to another person (Subabonent) with the consent of the energy supply organization (Art. 545 of the Civil Code of the Russian Federation).

The buyer (subscriber) may be capable subjects of civil law: legal entities, individuals, public legal entities.

Form and features of the procedure for concluding an energy supply contract.

Legislation places various requirements for the form of an energy supply contract depending on the subject of the contract, as well as the use of energy.

If the subscriber is a legal entity or an individual entrepreneur, the contract must be concluded in simple writing.

Failure to comply with the simple written form of the contract does not entail its invalidity, but deprives the right of law in the event of a dispute to refer to the confirmation of the contract and its conditions for testimony, but does not deprive them of the right to lead written and other evidence.

If a citizen who uses energy for household consumption is a subscriber, then the contract is concluded. According to paragraph 1 of Art. 540 Civil Code of the Russian Federation The contract will be considered concluded from the moment of the first actual connection of the subscriber in the prescribed manner to the attached network. That is, in fact, an oral form is established for the contract (paragraph 2 of Art. 158 of the Civil Code of the Russian Federation).

The coincidence of the moment of conclusion of the contract (mutual rights and obligations arise at the parties) with the moment of the first actual connection of the Subscriber in the prescribed manner, the consensual nature of the contract weakens, but does not make it real, since the network connection is not equivalent to the transfer of goods.

Responsibilities of the Seller (Energy Supplying Organization) under the Energy Supply Treaty.

The seller under the power supply contract must:

1. Serve energy in the amount provided by the contract.

The amount of energy supplied was characterized within the framework of the subject of the contract.

The power supply contract may be provided for the subscriber's right to change the number of energy taken by it, a certain agreement, provided that they reimbursed the costs incurred by the power supply organization due to the provision of energy supply not in the contract of quantity (paragraph 2 of Art. 541 of the Civil Code of the Russian Federation). The magnitude of these expenses and their validity proves the power supply organization.

In the case when a citizen who uses energy for household consumption is the subscriber under the power supply contract, it is entitled to use the energy in the amount necessary for it (paragraph 3 of Art. 541 of the Civil Code of the Russian Federation).

In case of failure or improper execution by the seller of energy supply duty in the amount provided by the contract, the buyer has the right (paragraph 1 of Art. 547 of the Civil Code of the Russian Federation) to require the application of the responsibility measure in the form of reimbursement of real damage. That is, the legislator limits the size of the responsibility under the power supply contract, excluding the benefit of the benefits of losses.

2. Serve energy in compliance with the agreed feed mode.

As noted, the energy supply mode is to regulate the consumption of energy and power by the subscriber (consumer).

The break in the presentation, termination or limitation of the supply of energy is allowed only by agreement of the parties.

The exceptions are cases where the unsatisfactory condition of the subscriber's energy installations is affixed by an accident, or creates a threat to the life and safety of citizens (paragraph 2 of Art. 546 of the Civil Code of the Russian Federation).

About the interruption in the submission, termination or on the restriction of energy supply, the energy supply organization should warn subscriber.

However, if necessary, take urgent measures to prevent or eliminate the accidents are allowed to break into the submission, termination or restriction of energy supply without negotiation with the subscriber and without an appropriate prevention, subject to the immediate notification of the subscriber about this (paragraph 3 of Art. 546 of the Civil Code of the Russian Federation).

The termination or limitation of the supply of energy without coordination with the subscriber - a legal entity, but with the relevant warning is allowed in accordance with the procedure established by law or other legal acts in the event of a violation of the obligations to the subscriber for energy payment (paragraph 2 of Article 2 of Art. 546 of the Civil Code of the Russian Federation).

At the same time, it is necessary to take into account that by decree of the President of the Russian Federation of 23.11.95 No. 1173 "On measures to implement the sustainable functioning of objects that ensure the security of the state" is established a ban on the restriction or termination of the release of fuel and energy resources by military units, institutions, enterprises and organizations of federal bodies The executive authority in which the military service is provided. IN otherwise The actions of the energy supply organization are considered to violate the security of the state.

Violation of the agreed energy supply regime gives the Subscriber the right to demand the application of the responsibility measure in the form of reimbursement of real damage (paragraph 1 of Art. 547 of the Civil Code of the Russian Federation).

A feature of the responsibility of the power supply organization is the provision enshrined in paragraph 2 of Art. 547 of the Civil Code of the Russian Federation. If the break in energy supply occurred on the grounds allowed by law (for example, to make urgent measures to prevent or eliminate accidents with a subscriber's warning), the seller is responsible only if guilt has. In other cases, the seller is responsible for the beginning of risk.

The additional rights of a citizen who uses energy for domestic consumption during the break of energy supply is established by the Decree of the Government of the Russian Federation of 23.05.2006 No. 307 "On the procedure for providing utilities to citizens". So, for each hour of exceeding the permissible duration of the power supply interruption, the monthly fee size decreases by 0.15% of the board size determined on the basis of the readings of the accounting devices or on the basis of consumption standards.

3. Serve the energy of agreed quality.

Energy Energy Released Energy in Quality must comply with the requirements established by state standards and other mandatory rules or stipulated power supply contract (clause 1 of Art. 542 of the Civil Code of the Russian Federation).

The quality of electrical energy is characterized by voltage and frequency of current, thermal temperature and steam pressure, hot water temperature.

In case of violation by the energy supply organization, the requirements for the quality of energy are entitled to:

• refuse to pay such energy (paragraph 2 of Art. 542 of the Civil Code of the Russian Federation). If the subscriber used poor-quality energy, the seller has the right to demand compensation to the subscriber of the value that the subscriber is unreasonably saved due to the use of this energy (paragraph 2 of Art. 1105 of the Civil Code of the Russian Federation);
• require the application of the responsibility measure in the form of reimbursement of real damage (paragraph 1 of Art. 547 of the Civil Code of the Russian Federation).

4. Ensure the proper technical condition and safety of energy networks, as well as energy consumption instruments.

The seller carries this duty only if a citizen who uses energy for household consumption (paragraph 2 of Article 543 of the Civil Code of the Russian Federation) appears to the subscriber under the power supply contract. Other rules can be established by law or other legal acts.

If this duty is not fulfilling this obligation, the subscriber has the right to demand the application of the responsibility measure in the form of reimbursement of real damage (paragraph 1 of Art. 547 of the Civil Code of the Russian Federation).

Responsibilities of the Subscriber under the Energy Supply Treaty.

Subscriber under the energy supply contract must:

1. Ensure the proper technical condition and safety of the exploited energy networks, devices and equipment (clause 1 of article 543 of the Civil Code of the Russian Federation).

Requirements for the technical condition and operation of energy networks, devices and equipment, as well as the procedure for monitoring their observance are determined by law, other legal acts and adopted in accordance with the mandatory rules (clause 3 of Art. 543 of the Civil Code of the Russian Federation).

As already noted, the responsibility under consideration does not apply to citizens using energy for household needs (paragraph 2 of Art. 534 of the Civil Code of the Russian Federation). At the same time, the obligation to comply with the safety regulations on the use of energy can be imposed on civil support.

If the subscriber fails to fulfill the obligation to ensure the proper technical condition and safety of exploited energy networks, instruments and equipment, the energy supply organization has the right to:

• require compensation for adverse property consequences that were the result of a malfunction;
• if the specified violation is a significant and subscriber, the legal entity is a legal entity, refuse to fulfill the contract unilaterally (para. 2 of paragraph 1 of Art. 546, Art. 523 of the Civil Code of the Russian Federation);
• immediately discontinue the supply of energy when an unsatisfactory state of the subscriber's energy installations is affixed by an accident or establish a threat to the life and safety of citizens. For example, paragraph 79 of the rules for the provision of utilities to citizens provides that the Contractor has the right without prior notice to the consumer to suspend the provision of utilities in the event of or threatening emergency situations on equipment or networks, for which water, heat, electric and gas supply is carried out, and Also drainage. And in accordance with paragraph 80 of these rules, the Contractor has the right to suspend or limit the provision of utility services after 1 month after the written warning (notice) of the consumer in the event of the unsatisfactory state of the domestic engineering systems, for the technical condition of which the consumer threatening an accident or a threat to life and security citizens certified by the division of the State Housing Inspectorate of the Directory of the Russian Federation or other authority authorized to conduct state control and supervision of compliance with intramaneal engineering systems, as well as intra-ordinary equipment established requirements.

2. Immediately report an energy supply organization about accidents, fires, malfunctions of energy metering devices and other disorders arising from energy.

This duty is provided by Art. 543 of the Civil Code of the Russian Federation. With its non-fulfillment, the energy supplying organization has the right to require the application of the responsibility measure in the form of reimbursement of real damage (paragraph 1 of Art. 547 of the Civil Code of the Russian Federation).

3. Observe the energy consumption regime established by law and the contract (clause 1 of Article 543 of the Civil Code of the Russian Federation).

The execution of this duty is especially important, since the violation of the rules of operation of its electrical receivers and the regime of electricity consumption can lead to a decrease in high-quality electricity indicators, including other subscribers supplied from the power system.

The subscriber's violation of the established energy consumption regime provides a power supply organization the right to require the application of the responsibility measure in the form of reimbursement of real damage (paragraph 1 of Art. 547 of the Civil Code of the Russian Federation).

4. Paying the actually accepted energy in accordance with the data of energy accounting, unless otherwise provided by law, other legal acts or the Agreement of the Parties.

The procedure for payment of energy was considered when the contract price is characteristic.

If the subscriber is not fulfilling the obligation to pay for energy, the power supplying organization is entitled:

• require payment of energy (paragraph 3 of Art. 486 of the Civil Code of the Russian Federation);
• if a legal entity is a legal entity - to stop or limit the supply of energy without negotiation with the subscriber, but with its appropriate prevention (paragraph 2 of paragraph 2 of Art. 546 of the Civil Code of the Russian Federation);
• if a citizen is a citizen - to suspend or limit energy supply 1 month after a written warning (notification) of the consumer in the event of an incomplete payment of energy consumer (paragraph 80 of the rules for the provision of utilities to citizens). Under incomplete payment is understood that the consumer is understood by the consumer of payment of payment exceeding 6 monthly fees, determined on the basis of the relevant standards for the consumption of utilities and tariffs operating on the day of restrictions on the provision of utilities, subject to the lack of an agreement on repayment of debt concluded by the consumer with the Contractor, and (or) upon non-compliance with the conditions of such an agreement;
• if the subscriber is a legal entity and the payment timing is violated repeatedly - refuse to fulfill the contract unilaterally (para. 2, 1 Art. 546, Art. 523 of the Civil Code of the Russian Federation);
• require the application of responsibility:

  a) payment of penalties established by law, other regulatory legal acts or contract. So, for example, paragraph 78 of the rules for the provision of utilities to citizens provides that persons, inexpressive and (or) who have not fully made a fee for utilities (including for energy supply), are obliged to pay the Contractor to the penalty in the amount established by Part 14 Art. 155 Housing Code of the Russian Federation, namely: in the amount of one three hundred refinancing rate of the Central Bank of the Russian Federation, acting at the time of payment, from the amounts of delay not paid on the time after the next day after the established period of payment on the day of the actual payment inclusive. The increase in the amount established by the housing code is not allowed;

  b) reimbursement of real damage (paragraph 1 of Art. 547 of the Civil Code of the Russian Federation); c) paying interest under Art. 395 Civil Code of the Russian Federation.

Under the energy supply contract, the energy supply organization undertakes to submit to the Subscriber (consumer) through an attached network of energy, and the Subscriber undertakes to pay for accepted energy, as well as to comply with the agreement provided for by the Agreement, to ensure the safety of the operation in its conduct of energy networks and the health of the appliances and equipment related to it With energy consumption.

With regard to power supply contracts, we are talking about electrical energy, although some norms relating to the supply of it can also be used to supply thermal energy.

Under the energy supply contract, energy supply occurs through an attached network, that is, through the wires (electrical, thermal) connecting the seller and the buyer of energy.

The subscriber (consumer) undertakes to pay for the accepted energy, but it does not assign the goods to it, that is, to get any amount of energy.

In addition, for the power supply contract, additional specific obligations of the subscriber are characterized, for example, compliance with a certain energy consumption regime.

According to the legal nature, this agreement is a consensus, compensable and bilateral. The feature of the power supply contract is that this is a public contract and its conclusion is considered to be mandatory for an energy supply organization.

The energy supply organization is a commercial organization that sells consumers produced or purchased electrical and (or) thermal energy.

Subscriber (consumer) under the power supply contract may be legal or individual.

In the case where the subscriber is a citizen who uses energy for household consumption, the contract is considered concluded from the moment of the first actual connection of the subscriber in the prescribed manner to the attached network.

A feature of the power supply contract is that it lies with the Subscriber only if it has the integrated device that meets the established technical requirements attached to the networks of the power supply organization, and other necessary equipment, as well as when ensuring energy consumption.

The energy supply contract determines the amount of energy that the energy supply organization is obliged to submit to the Subscriber, and its feed regime. These terms of the contract are important in its conclusion with industrial and other organizations.

A citizen who uses energy for household consumption is entitled to use it in the quantity it is necessary. Energy payment is made by it in accordance with the actual consumption determined by the meter readings.

The quality of electrical energy is determined mainly by two indicators - voltage and current frequency. Quality requirements are contained in state standards and other mandatory rules, and can also be established by the Treaty.

The validity period of the power supply contract can be both uncertain and certain. The first takes place if a citizen who uses energy for domestic consumption is acting as a subscriber, and otherwise not provided for by the Agreement of the Parties, the second one - if the subscriber is a legal entity.

The price for which payment is made is usually regulated by the state tariffs. Therefore, the absence in the contract of power supply the price of the price does not entail its invalidity, since the price is not a significant condition for this agreement.

Payment by subscribers, except for budget organizations and the population, actually obtained by their energy is made by non-accept write-off from the calculated (current) consumer accounts.

The subscriber is obliged to ensure the proper technical condition and safety of exploited energy networks, instruments and equipment, to comply with the established energy consumption mode, as well as to immediately report an energy supply organization about accidents, about fires, malfunctions of energy metering devices and other violations that occur when using energy.

This duty in terms of ensuring the proper technical condition and safety of energy networks, as well as energy consumption instruments lies with the energy supplying organization in cases where a citizen is acting as a subscriber who uses energy for household consumption, unless otherwise established by law.

The party who violated the obligation (both the energy supply organization and the subscriber) is obliged to compensate the real damage caused by this. Thus, the responsibility of the parties is limited, the missed benefit cannot be recovered.

If, as a result of regulating the mode of consumption of energy carried out on the basis of the law or other legal acts, a break in energy supply to the subscriber, the energy supply organization is responsible for violation of the obligation in the presence of its guilt.

Regulatory acts and power supply contract provides for the responsibility of the subscriber for the delay in payment of the received energy.

In addition to the recovery of the caused power supply organization of real damage, interest may be charged from the subscriber for the use of other people's cash Either, if it is provided for by the contract, penalties.

The energy supplying organization has the right to suspend the supply of energy to the Subscriber to full payment of the previously obtained energy.

With a significant and repeated violation of the timing of the payment of energy, it is possible to terminate the contract unilaterally.

The energy supply contract is recognized by the Agreement on which the power supply organization undertakes to submit to the Subscriber (consumer) through an associated network energy, and the Subscriber undertakes to pay for accepted energy, as well as to comply with its consumption regime, to ensure the safety of the use of energy networks and the health of the appliances used by it and equipment related to energy consumption (Article 539 of the Civil Code).

Power supply contract It is a consensus, compensable and bilateral, as well as a public contract (Art. 426 GK).

Substantial conditions of power supply contract are:

• the amount and quality of energy (characterizing it);
• energy consumption mode;
• price;
• conditions for ensuring the content and safe operation of networks, devices and equipment.

The component of its subject product has so specific properties that the relationship in its transmission requires special regulation. Energy, unlike things, is a certain property of matter - the ability to produce useful work, to ensure the implementation of various technological operations, create the necessary conditions for entrepreneurial and any other activities.

Energy has special physical properties that cannot do not affect the specific nature of the fulfillment of obligations under the energy supply contract, in particular:

• manifestation of the existence of energy in its consumption;
• the inability to determine the presence of energy in the network without special devices;
• the need to adopt special security measures when serving and using energy, etc.

The possibility of engaging in the economic turnover of energy was introduced only with the advent of the relevant technical devices for its production, transportation and consumption. The specific feature of the energy supply relationship is that the links of producers of this product and consumers do not provide, as a rule, the step of the accumulation (warehousing) of products by virtue of the limited possibility of this at this stage of development of technology. Therefore, energy supply organizations should take into account objective fluctuations in the level of energy consumption, as well as the possible impact of the activities of some consumers of a centralized energy supply system on the number and quality of products supplied to other consumers.

That is why the power supply contract, being a separate type of sale agreement, can not be recognized as a type of delivery contract: The qualifying sign of the latter does not become the special properties of goods, while the unique specificity of goods - energy as the properties of matter produce a certain work - serves as a basis for the allocation of a power supply contract to a separate type of contract of sale.

Parties to the contract Power supply is a power supply organization and consumer (subscriber). Commercial organizations that produce or buy electrical (thermal) energy and carry out its sale to consumers - or organizations are advocated as a power supply organization. Citizens or organizations using electric or thermal energy are recognized by subscribers.

In the presence of the consent of the energy supplying organization, the Subscriber may transfer the energy adopted by it from the energy supply organization through an attached network, to another person - Subabonent (Article 545 of the Civil Code). Subabonent of the power supply organization is a consumer directly attached to the electrical (thermal) networks of the subscriber and having a contract with it to use electrical (thermal) energy. In this case, there is a complex structure of contractual relations: the relationship between the power supply organization and the subscriber is mediated by the power supply contract, and the relationships that are developing between the Subscriber and Subabonent, the Treaty for the use of electric (thermal) energy.

At the same time, the subscriber appears before the energy supply organization as an energy consumer and therefore is responsible for non-fulfillment or improper fulfillment of subabonent commitments. A subscriber acts in front of the Subabonent as a power supply organization and, therefore, is responsible for violating the last obligations. However, when concluding relevant contracts, the parties are not deprived of the right to establish another procedure for fulfilling the obligations and applying responsibility for their violation.

In cases where an individual and energy acts as a subscriber is used by the latter for household consumption, the legislator allows a simplified procedure for concluding an agreement: in order to recognize the contract to the prisoner, enough to actually connect the subscriber in the prescribed manner to the attached network (clause 1 Art. 540 GK).

The power supply contract concluded by the energy supply organization with the citizen's subscriber belongs to the accession agreements (Art. 428 GK). The power supply contract concluded with the citizen's subscriber is considered to be concluded indefinitely.

The Subscriber, which is a legal entity, when concluding a power supply contract, should have a multi-receiving device that meets the established technical requirements attached to the networks of the power supply organization, as well as to ensure that energy consumption (Section 2 of Article 539 of the Civil Code). The required conditions for the subscriber are sometimes called the technical prerequisite for the conclusion of an energy supply contract. The lack of a serviceable power plant (or a malfunction of the existing power plant) attached to the networks of an energy supply organization, other necessary equipment, as well as the need to take into account energy consumption deprive its ability to realize their right to conclude an agreement with a power supply organization, despite the duty of the latter to enter into an agreement with everyone, Who will contact her (Art. 426 GK).

Specificity is associated with a feature of the subject of relationships - energy,those. A certain property of matter that allows you to make a useful work. This object is characterized by:

Inseparable processes of production, transportation and consumption.

Limited storage ability

On the quality of energy, consumer activities have a significant impact

In most cases, energy consumption is possible only by using the relevant infrastructure (networks connecting the sources of production and sources of energy consumption).

The specificity is also due to the fact that within the country, region, the settlement, there is a single system of energy transfer paths (high degree of monopolization in relation to energy transmission).

The power supply contract is provided for as a kind of contract of sale. Regarding the scope of use in the literature, there is a position that states that this agreement is intended to be used in the field of power supply, heat supply, oil supply, gas supply, water supply and all other similar types of energy. But this is not exactly the same as oil and gas, water can be conveyed in another way, therefore, this does not form their sign and relationship data are not energy supply relations, but the relationship of delivery.

Treatypower supply- Agreement on which the energy supply organization (ESO) undertakes to submit to the Subscriber (consumer) through an associated network energy, and the Subscriber undertakes to pay for accepted energy, as well as to comply with the work provided for by the contract, to ensure the safety of the use of energy networks that belong to it and the health of the instruments used to them and Equipment-related equipment. The contract is a consensus, bilateral obliging and public.

Regarding the legal nature of the Treaty, various positions are expressed:

This is a contract of contract - as the energy does not apply to things that can be conveyed traditionally, so heat and energy stores work and transmit its result to consumers. But this position is incorrect, as there is energy, and not produced by stations

This is not a contract of sale - but it is not.

This is a type of supply contract - but the law does not contain the rules in which it is indicated that this Agreement can be used as a supply contract.

Legal regulation is carried out by paragraph 6 of chapter 30 of the Civil Code of the Russian Federation, also NPA:

FZ dated 3.04.96 No. 28 "On Energy Saving"

FZ dated 14.04.95 No. 41 "On the state regulation of tariffs for electrical and thermal energy in the Russian Federation"

FZ dated March 26, 2003 No. 35 "On Electric Power Product"

FZ dated 27.07.10 № 190 "On heat supply"

A large number of subtitle acts

Features of the conclusion of an energy supply contract. Elements of power supply contract

Elements:

Parties–ESOand subscriber(consumer)

As ESOcommercial organizations that produce or buy electrical and thermal energy can perform and sell it to consumers. Persons should be owners of carriers of transmitted energy or authorized by the owners of persons. Sale of energy - licensed activity. In the event that ESO operates in a natural monopoly, its activities are governed by special legislation determining the procedure for establishing tariffs.

As supplierunder the electricity supply contract, guaranteed suppliers, energy sales organizations and the ESO, selling consumers produced or purchased energy. Heat supply markets are usually monopolized separately to small settlements.

As subscribersany citizens and organizations that use energy can act. In the presence of the consent of ESO, the subscriber may transfer the energy to them with another person - subabonent, provided that it is attached to the relevant networks.

Conclusioncontracts

In order to conclude a power supply contract, must take place technicalprerequisites:

the subscriber who wants to conclude a contract must have an power receiving device attached to the ESO networks.

the subscriber must have equipment that provides accounting for consumption of relevant energy.

If the background data is absent, the ESO is not obligated to conclude an agreement in the opposite case.

If an individual and energy acts as a subscriber to be used for domestic use, then in this case the power supply contract is considered concluded at the time of the first actual connection of the subscriber in the prescribed manner to the attached network. Such an agreement is considered to be an accession contract.

In the event that the contract is concluded with the subscriber - a legal entity, then the conclusion takes place in general.

Since this market (energy) is monopolized, ESO is obliged to enter into contracts on the same conditions with all subscribers, including in terms of price and payment procedure. But ESO has the right to divide all subscribers in the category, groups within which the conditions of all contracts should coincide, and between groups can differ.

An essential condition is the conditions for the amount and quality of energy, about the mode of consumption of energy, about the price. Also often refer to essential conditions to ensure the content of equipment for safe use and energy consumption, but the GC does not fix it as such, so it is unfair to talk about it.

Thingcontracts- Energy transmitted to the consumer through the attached network on the consumer power installation. Regarding the legal nature of the energy of an unequivocal point of view, no, but most researchers offer to consider it as a movable thing. But others say that it is impossible to consider it as a thing, because it is impossible to transfer it to temporary possession and use, it is impossible to refund it, therefore it is proposed to consider it as a special object of the Civil Code of the Russian Federation, but this is not provided for in the 128 article as long as.

The parties of the power supply contract must agree on the amount of energy under the contract, but there is one exception - if the subscriber is an individual, the amount of energy does not need to be coordinated, i.e. He is provided with energy in the amount that he needs. In this case, the conditions of the subject are considered agreed. The amount of energy is determined in accordance with the data of the accounting instruments that are owned by the Subscriber. If we consider electrical energy, then the conditions for the subject are considered agreed with 2 parameters:

Number of kilowatt \\ hours subject to vacation

The value of the attached or declared power of the subscriber's power plane.

With regard to heat supply, the only parameter: Cokeloria \\ hour.

Treaty term- It is not a significant condition of the contract, but if the subscriber is an individual, then the contract is concluded indefinitely. Such an agreement can be terminated at any time through the written notice of ESO unilaterally. If a legal entity is considered an urgent contract. The law provides for the mechanism of mechanical renewal of a contract concluded for a certain period - if, before the expiration of the contract, none of the parties declared the termination or change of the contract, the contract is considered extended for the same period and under the same conditions.

Price- It does not apply to essential conditions, and the specificity is that specialized legislation is distributed to pricing "on natural monopolies" and FZ "on state regulation of tariffs for electrical and thermal energy in the Russian Federation." Regulation is carried out by establishing either tariffs or limiting price level. Regulation is carried out at the level of the Russian Federation - the government, at the level of the subjects of the Russian Federation - the executive authorities. Direct Authority is the Federal Energy Commission, at the level of the subjects - regional energy commissions.

Features of the content of the obligation arising from the contract

Features of the rights and obligations of ESO:

Responsibility to sell energy to a subscriber through an attached network. This energy must meet the conditions:

1. about quantity (established in the contract or unlimited number)

Proper execution involves the receipt by the subscriber of energy continuously by maintaining voltage and current, or pressure and temperature in the network.

about quality

Requirements are established by state standards or contract, but not worse than the requirements of the law. If the energy is poor-quality - the subscriber has the right to refuse to pay for it. In order to prevent unjust enrichment by the Subscriber, the law provides ESO the right to demand the reimbursement of the value of the energy that the Subscriber acquired and refused to pay from its payment (unreasonably saved), but not fully, but in another (usually provided by the contract). Electricity quality parameters - voltage and current frequency, thermal energy quality - temperature, pair pressure or hot water.

The quality of the subscriber can affect the quality of energy. In the event that the subscriber violates the operational focus of its installations, or violates the mode of energy consumption and this leads to a decrease in quality, including energy provided to other subscribers, then, in this case, the ESO has the right to demand damages. An important role is to prove the causal relationship. Violations of the quality requirements include consequences - if the ESO allows violations of quality, then 475 of the Civil Code of the Russian Federation - about improper quality: requirements for reducing the purchase price, the requirements for the exemption of the contract and the claim for damages.

about energy supply mode

Feed mode - the amount and quality of energy transmitted during a certain period of time. The feed mode is determined by the contract, it usually implies energy transmission continuously, without restrictions, during each period of time, evenly. Break is allowed:

there is a need to take urgent measures to prevent or eliminate the accident in the energy supplying system. Break of restrictions occurs without warning the subscriber, but followed by notice

arises due to the unsatisfactory state of the subscriber's energy installations, which threatens an accident or creates a threat to the safety, life and health of citizens

It is made from the warning of the Subscriber and these circumstances must be certified by the State Energy Supervision Authority

violation by the subscriber obligations to pay for energy. The restriction or shutdown occurs under the condition of preliminary notification in the manner determined by the law.

In all other cases, the ESO, when violating the submission mode, the subscriber is obliged to compensate losses. Citizen-consumer may require payment of a penalty stipulated by the Law "On Consumer Protection"

An additional duty is assigned to ESO - ESO should ensure the proper technical condition and security of networks and metering devices, which is used to supply the energy to such a citizen. This duty is valid regardless of who owns these accounting instruments.

Rights and obligations of the Subscriber:

The subscriber is obliged to take energy in the amount provided by the Treaty

Obtaining and receiving energy is reflected in fact after the energy is consumed and its number of accounting devices is determined. Those. The subscriber must ensure the availability of these installations.

It is obliged to observe the established energy consumption regime (evenly, without interruptions, restrictions and discs - only legal entities). Unfiguring Responsibilities entails recovery from a subscriber of real damage (there is no missed benefit here).

Subscriber - a legal entity should ensure the safety of the operation of energy networks that are carried out in its conduct, the health of the instruments and equipment associated with energy consumption of energy. In the event that something happens with networks, equipment and otherwise, it is obliged to report this ESO. ESO has the right to monitor the execution of the specified responsibility of the Subscriber.

Maintaining and ensuring security - repair, performance of technical operations related to the service, the prescriptions of the ESO and the other.

The subscriber is obliged to pay for the accepted energy, payment is carried out actually received quantities, but the contract can be established otherwise - the standard is paid, which the subscriber must consume during the period of time and it pays only the given standard, even if it consumes less. If more is a surcharge.

By general rule Calculations occur in a disappointment, except for settlements with population and budgetary institutions, i.e. ESO independently deducts funds funds from the counting account of the Subscriber without its consent. The parties can coordinate other order and other form of calculation in the contract. Professional payment entails responsibility, but if nothing is provided to the contract, then the responsibility comes in the form of% under Article 395 of the Civil Code of the Russian Federation. ESO has the right in this case to take action measures (limit or stop supplying energy). Large must exceed a 6-month debate, in order to limit or disable the subscriber.

The nature of the responsibility of the subject - if the requirements for damages are claimed, only real damage is reimbursed. The responsibility of the ESO for non-fulfillment or improper execution of the contract occurs only if the fault of this organization (exception to the rules).

Article 539. Energy supply contract

1. Under the power supply contract, the energy supply organization undertakes to submit to the Subscriber (consumer) through an attached energy, and the Subscriber undertakes to pay for accepted energy, as well as to comply with the agreement provided for by the contract, to ensure the safety of the operation of the energy networks and the health of the instruments and equipment used by it related to energy consumption.
2. The power supply contract is to the subscriber if it has a power receiving device that meets the established technical requirements attached to the networks of the power supply organization, and other necessary equipment, as well as to ensure the consumption of energy consumption.
3. Relations under an energy supply contract, not regulated by this Code, the laws and other legal acts on energy supply are applied, as well as the mandatory rules adopted in accordance with them.
4. To relations under the supply contract of electrical energy, the rules of this section are applied if the law or other legal acts has not been established otherwise.

Article 540. Conclusion and extension of the power supply contract

1. In the case when a subscriber under an energy supply contract is a citizen who uses energy for household consumption, the contract is considered concluded from the moment of the first actual connection of the subscriber in the prescribed manner to the attached network.
Unless otherwise provided by the Agreement of the Parties, such an agreement is considered to be concluded indefinitely and can be changed or terminated on the grounds provided for in Article 546 of this Code.
2. The power supply contract concluded for a certain period is considered extended for the same period and under the same conditions, if, before the deadline, none of the parties declares its termination or change either on the conclusion of a new treaty.
3. If one of the parties to the end of the contract is made a proposal to conclude a new treaty, the relationship of the parties to the conclusion of a new contract is regulated by the previous contract.

Article 541. The amount of energy

1. A power supplying organization is obliged to submit energy to the subscriber through an attached network in the amount provided for by the power supply contract, and in compliance with the submission regime agreed by the parties. The number of the submitted subscriber and the energy used to them is determined in accordance with the accounting data on its actual consumption.
2. The power supply contract may be provided for the subscriber's right to change the number of energy taken by it, a certain agreement, provided that they reimburse the costs incurred by the power supply organization in connection with the supply of energy not in the amount of quantity.
3. In the case when a citizen who uses energy for household consumption is the subscriber under the power supply contract, it is entitled to use the energy in the amount you need.

Article 542. Energy quality

1. The quality of the energy supplied must comply with the requirements established by state standards and other binding rules or the stipulated power supply contract.
2. In the event of a violation by the energy supply organization, the requirements for the quality of energy, the subscriber has the right to refuse to pay such an energy. At the same time, the energy supplying organization has the right to demand compensation by the subscriber of the value that the subscriber is unreasonably saved due to the use of this energy (paragraph 2 of Article 1105).

Article 543. Customer Responsibilities for the maintenance and operation of networks, devices and equipment

1. The Subscriber is obliged to ensure the proper technical condition and safety of exploited energy networks, instruments and equipment, comply with the established energy consumption mode, and immediately report the energy supply organization about accidents, about fires, malfunctions of energy accounting devices and other violations that occur when using energy.
2. In the case when a subscriber under the power supply contract is a citizen who uses energy for household consumption, the obligation to ensure the proper technical condition and safety of energy networks, as well as energy consumption instruments, is assigned to the energy supply organization, unless otherwise established by law or other legal acts.
3. Requirements for the technical condition and operation of energy networks, devices and equipment, as well as the procedure for monitoring their observance, are determined by law, other legal acts and adopted in accordance with the mandatory rules.

Article 544. Payment of Energy

1. Energy payment is made by the amount of energy actually adopted by the Subscriber in accordance with the data of energy accounting, unless otherwise provided by law, other legal acts or the Agreement of the Parties.
2. The procedure for calculations for energy is determined by law, other legal acts or agreements of the parties.

Article 545. Subabonent

The subscriber can transmit energy accepted by it from the energy supply organization through an attached network, another person (subabonent) only with the consent of the energy supply organization.

Article 546. Change and termination of the power supply contract

1. In the case when a citizen who uses energy for household consumption is the subscriber under the power supply contract, he is entitled to terminate the treaty unilaterally, subject to the notification of this power supply organization and full payment of used energy.
In the case when the Subscriber under the Energy Supply Agreement is a legal entity, an energy supplying organization has the right to refuse to fulfill the contract unilaterally on the grounds provided for in Article 523 of this Code, except in cases established by law or other legal acts.
2. Break in the supply, termination or limitation of energy supply is allowed by agreement of the parties, except when a certified state energy supervision authority unsatisfactory condition of the Subscriber's energy settings threatens an accident or a risk of life and security of citizens. About the interruption in the submission, termination or on the restriction of energy supply, the energy supply organization should warn subscriber.
The termination or limitation of energy supply without coordination with the subscriber is a legal entity, but with the relevant warning is allowed in accordance with the procedure established by law or other legal acts in case of violation of the obligations to pay for energy.
3. Break in the presentation, termination or limitation of energy supply without negotiation with the subscriber and without an appropriate warning is allowed if necessary to accept urgent measures to prevent or eliminate the accident, subject to the immediate notification of the Subscriber about this.

Article 547. Responsibility under the power supply contract

1. In cases of failure to fulfill or improper fulfillment of obligations under the energy supply contract, the party who violated the obligation is obliged to refund the real damage caused by this (paragraph 2 of Article 15)

2. If, as a result of regulating the mode of energy consumption implemented on the basis of the law or other legal acts, a break in energy supply to the subscriber, an energy supply organization is responsible for non-fulfillment or improper performance of contractual obligations in the presence of its fault.

Article 548. Application of rules for energy supply to other treaties

1. The rules stipulated by Articles 539-547 of this Code apply to relations associated with the supply of thermal energy through an attached network, unless otherwise established by law or other legal acts.
2. To the relationship related to the supply through an affiliated network of gas, oil and oil products, water and other goods, rules on the energy supply contract (Article 539-547) are used, unless otherwise established by law, other legal acts or does not follow the obligation.